Senate Study Bill 1115 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP BILL) A BILL FOR An Act providing for programs and regulations administered 1 and enforced by the department of agriculture and land 2 stewardship, providing fees, providing for the allocation of 3 moneys, and making penalties applicable. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1218XD (9) 90 da/ns
S.F. _____ H.F. _____ DIVISION I 1 REGULATION OF COMMERCIAL ESTABLISHMENTS 2 Section 1. Section 162.2, subsection 19, Code 2023, is 3 amended by striking the subsection and inserting in lieu 4 thereof the following: 5 19. Pet shop means a facility where vertebrate animals, 6 excluding fish, not born and reared on the facilitys premises 7 are bought, sold, exchanged, or offered for sale or exchange to 8 the public, at retail. Pet shop does not include a facility 9 if one of the following applies: 10 a. The facility receives less than one thousand dollars from 11 the sale or exchange of vertebrate animals, excluding fish, 12 during a twelve-month period. 13 b. The facility sells or exchanges less than twelve 14 vertebrate animals, excluding fish, during a twelve-month 15 period. 16 DIVISION II 17 GRAIN REGULATION 18 PART A 19 GRAIN DEALERS 20 Sec. 2. Section 203.1, Code 2023, is amended by adding the 21 following new subsection: 22 NEW SUBSECTION . 12A. Scale weight ticket means the same 23 as defined in section 203C.1. 24 Sec. 3. Section 203.5, subsection 8, paragraph a, Code 2023, 25 is amended to read as follows: 26 a. The applicant has caused liability to the Iowa grain 27 depositors and sellers indemnity fund in regard to a license 28 issued under this chapter or chapter 203C , and the liability 29 has not been discharged, settled, or satisfied. 30 Sec. 4. Section 203.11, subsection 2, paragraph a, 31 subparagraph (3), Code 2023, is amended to read as follows: 32 (3) Uses a scale weight ticket or credit-sale contract in 33 violation of this chapter or a requirement established by the 34 department under this chapter . 35 -1- LSB 1218XD (9) 90 da/ns 1/ 15
S.F. _____ H.F. _____ Sec. 5. Section 203.17, Code 2023, is amended to read as 1 follows: 2 203.17 Documents and records. 3 1. The department may adopt rules specifying the form, 4 content, use, and maintenance of documents issued by a grain 5 dealer under this chapter including but not limited to scale 6 weight tickets, settlement sheets, daily position records, and 7 credit-sale contracts. The department may adopt rules for 8 both printed and electronic documents, including rules for 9 the transmission, receipt, authentication, and archiving of 10 electronically generated or stored documents. 11 2. All scale weight ticket forms in the possession of a 12 grain dealer shall have been permanently and consecutively 13 numbered at the time of printing. A grain dealer shall 14 maintain an accurate record of all scale weight ticket numbers. 15 The record shall include the disposition of each numbered form, 16 whether issued, destroyed, or otherwise disposed of. 17 Sec. 6. Section 203.20, Code 2023, is amended to read as 18 follows: 19 203.20 Shrinkage adjustments disclosures penalties. 20 1. A person who, in connection with the receipt of 21 corn or soybeans grain for storage, processing, or sale, 22 adjusts the scale weight of the grain to compensate for the 23 moisture content of the grain shall compute the amount of 24 the adjustment by multiplying the scale weight of the grain 25 by that factor which results in a rate of adjustment of one 26 and eighteen hundredths percent of weight per one percent of 27 moisture content. The use of person who uses any rate of 28 weight adjustment for moisture content other than the one 29 prescribed by this subsection is commits a fraudulent practice 30 as defined in section 714.8 . The person shall post on the 31 business premises in a conspicuous place notice of the rate 32 of adjustment for moisture content that is as prescribed by 33 this subsection . Failure The person who fails to make this 34 disclosure is commits a simple misdemeanor. 35 -2- LSB 1218XD (9) 90 da/ns 2/ 15
S.F. _____ H.F. _____ 2. A person who, in connection with the receipt of grain for 1 storage, processing , or sale, adjusts the quantity of the grain 2 received to compensate for losses to be incurred during the 3 handling, processing, or storage of the grain shall post on the 4 business premises in a conspicuous place notice of the rate of 5 adjustment to be made for this shrinkage. Failure The person 6 who fails to make the required this disclosure is commits a 7 simple misdemeanor. 8 3. A person who adjusts the scale weight of corn or soybeans 9 both grain for moisture content and for handling, processing, 10 or storage losses may combine the two adjustment factors into 11 a single factor and may use this resulting factor to compute 12 the amount of weight adjustment in connection with storage, 13 processing, or sale transactions, provided that the person 14 shall post on the business premises in a conspicuous place a 15 notice that discloses the moisture shrinkage factor prescribed 16 by subsection 1 , the handling shrinkage factor to be imposed, 17 and the single factor that results from combining these 18 factors. Failure The person who fails to make the required 19 this disclosure is commits a simple misdemeanor. 20 PART B 21 WAREHOUSE OPERATORS 22 Sec. 7. Section 203C.5, subsection 2, Code 2023, is amended 23 to read as follows: 24 2. a. The department may adopt rules specifying the 25 form, content, and use of documents issued by a warehouse 26 operator under this chapter including but not limited to scale 27 weight tickets, warehouse receipts, settlement sheets, and 28 daily position records. The department may adopt rules for 29 both printed and electronic documents, including rules for 30 the transmission, receipt, authentication, and archiving of 31 electronically generated or stored documents. 32 b. All scale weight ticket forms and warehouse receipt 33 forms in the possession of a warehouse operator shall have been 34 permanently and consecutively numbered at the time of printing. 35 -3- LSB 1218XD (9) 90 da/ns 3/ 15
S.F. _____ H.F. _____ A warehouse operator shall maintain an accurate record of 1 the numbers of these documents. The record shall include 2 the disposition of each form, whether issued, destroyed, or 3 otherwise disposed of. The department may by rule require this 4 use of prenumbered forms and recording for documents other than 5 scale weight tickets and warehouse receipts. 6 Sec. 8. Section 203C.6, subsection 8, paragraph a, Code 7 2023, is amended to read as follows: 8 a. The applicant has caused liability to the Iowa grain 9 depositors and sellers indemnity fund through operations under 10 a license issued under this chapter or chapter 203 , and the 11 liability has not been discharged, settled, or satisfied. 12 Sec. 9. Section 203C.17, subsections 1, 2, 3, 4, and 5, Code 13 2023, are amended to read as follows: 14 1. Any grain which has been received at any Grain deposited 15 with a licensed warehouse operator for which the actual sale 16 price is has not been fixed and either proper documentation 17 made has not been furnished or payment has not been made shall 18 be construed to be grain held for storage within the meaning of 19 this chapter . Grain may be held considered stored grain and 20 may be retained in open storage or placed on under warehouse 21 receipt. A warehouse receipt shall be issued for all grain 22 held in open storage within one year from the date of delivery 23 to the warehouse, unless the depositor has signed a statement 24 that the depositor does not desire a warehouse receipt. A The 25 licensed warehouse operator shall issue a warehouse receipt 26 shall be issued to the depositor upon request by the depositor. 27 The warehouse operators tariff shall apply for to any grain 28 that is retained in open storage or placed under warehouse 29 receipt as provided in section 203C.18 . 30 2. Bulk grain deposited with a licensed warehouse operator 31 for processing, cleaning, drying, shipping for the account of 32 the depositor , or any other purpose shall be removed within 33 thirty days from the date of deposit or such grain shall be 34 determined as considered stored grain and the . The warehouse 35 -4- LSB 1218XD (9) 90 da/ns 4/ 15
S.F. _____ H.F. _____ operators tariff charges shall apply to the bulk grain as 1 provided in section 203C.28 . 2 3. Grain received on deposited and subject to a scale weight 3 ticket which that fails to have the price fixed and properly 4 documented on the records of the licensed warehouse operator 5 shall be construed to be retained in open storage. 6 4. All bulk grain whether retained in open storage and 7 deposited subject to a scale weight ticket or having been 8 placed on under warehouse receipt is covered by the grain 9 depositors and sellers indemnity fund created in as provided in 10 chapter 203D . 11 5. Any grain which has been received at any An unlicensed 12 warehouse and for which the operator shall not retain deposited 13 bulk grain, if its actual sale price has not been fixed , and 14 payment for the bulk grain has not been made within thirty days 15 from receipt of the grain its date of deposit , unless covered 16 purchased by a credit-sale contract , shall be construed to be 17 unlawful storage within the meaning of this chapter . Bulk 18 grain received at any An unlicensed warehouse for any operator 19 who retains deposited bulk gain under any other purpose 20 circumstance must either be returned return the bulk grain to 21 the depositor , or disposed of dispose of the bulk grain by 22 order of the depositor , within thirty days from date of actual 23 the deposit of the bulk grain. 24 Sec. 10. Section 203C.25, Code 2023, is amended to read as 25 follows: 26 203C.25 Shrinkage adjustments disclosures penalties. 27 1. A person who, in connection with the receipt of 28 corn or soybeans grain for storage, processing, or sale, 29 adjusts the scale weight of the grain to compensate for the 30 moisture content of the grain shall compute the amount of 31 the adjustment by multiplying the scale weight of the grain 32 by that factor which results in a rate of adjustment of one 33 and eighteen hundredths percent of weight per one percent of 34 moisture content. The use of person who uses any rate of 35 -5- LSB 1218XD (9) 90 da/ns 5/ 15
S.F. _____ H.F. _____ weight adjustment for moisture content other than the one 1 prescribed by this subsection is commits a fraudulent practice 2 as defined in section 714.8 . The person shall post on the 3 business premises in a conspicuous place notice of the rate 4 of adjustment for moisture content that is as prescribed by 5 this subsection . Failure The person who fails to make this 6 disclosure is commits a simple misdemeanor. 7 2. A person who, in connection with the receipt of grain for 8 storage, processing , or sale, adjusts the quantity of the grain 9 received to compensate for losses to be incurred during the 10 handling, processing, or storage of the grain shall post on the 11 business premises in a conspicuous place notice of the rate of 12 adjustment to be made for this shrinkage. Failure The person 13 who fails to make the required this disclosure is commits a 14 simple misdemeanor. 15 3. A person who adjusts the scale weight of corn or soybeans 16 both grain for moisture content and for handling, processing, 17 or storage losses may combine the two adjustment factors into 18 a single factor and may use this resulting factor to compute 19 the amount of weight adjustment in connection with storage, 20 processing, or sale transactions, provided that the person 21 shall post on the business premises in a conspicuous place a 22 notice that discloses the moisture shrinkage factor prescribed 23 by subsection 1 , the handling shrinkage factor to be imposed, 24 and the single factor that results from combining these 25 factors. Failure The person who fails to make the required 26 this disclosure is commits a simple misdemeanor. 27 Sec. 11. Section 203C.36, subsection 2, paragraph a, 28 subparagraph (3), Code 2023, is amended to read as follows: 29 (3) Uses a scale weight ticket, warehouse receipt, or 30 other document in violation of this chapter or requirements 31 established by the department under this chapter . 32 PART C 33 INDEMNITY FUND 34 Sec. 12. Section 203D.1, Code 2023, is amended by adding the 35 -6- LSB 1218XD (9) 90 da/ns 6/ 15
S.F. _____ H.F. _____ following new subsection: 1 NEW SUBSECTION . 14A. Scale weight ticket means the same 2 as defined in section 203C.1. 3 DIVISION III 4 WEIGHTS AND MEASURES 5 PART A 6 LICENSING, INSPECTIONS, AND FEES 7 Sec. 13. Section 214.2, Code 2023, is amended to read as 8 follows: 9 214.2 License. 10 1. A person who uses or displays for use any commercial 11 weighing and measuring device , as defined in section 215.1 , 12 shall secure must be issued a license from by the department 13 for that device . The department shall issue the license after 14 inspecting the device. 15 2. a. Except as provided in paragraph b , a license issued 16 under subsection 1 shall expire on December 31 of each year. 17 b. A license issued under subsection 1 for a motor fuel pump 18 shall expire on June 30 of each year. 19 Sec. 14. Section 214.3, subsection 1, Code 2023, is amended 20 by striking the subsection. 21 Sec. 15. Section 214.3, subsection 2, Code 2023, is amended 22 to read as follows: 23 2. The A license inspection fee is imposed on a person 24 who uses or displays for use a commercial weighing and 25 measuring device . The license fee is due the day the device 26 is placed into service department issues the license . A 27 license inspection fee shall be charged to the person owning 28 or operating a commercial weighing and measuring device 29 inspected The amount of the license fee shall be calculated in 30 accordance with the class or section for devices as established 31 by handbook 44 of the United States national institute of 32 standards and technology. 33 Sec. 16. Section 214.11, subsection 1, Code 2023, is amended 34 to read as follows: 35 -7- LSB 1218XD (9) 90 da/ns 7/ 15
S.F. _____ H.F. _____ 1. The department shall provide for annual biennial 1 inspections of all motor fuel pumps, including but not limited 2 to motor fuel blender pumps, licensed under this chapter . 3 Inspections shall be for the purpose of determining the 4 accuracy and correctness of motor fuel pumps. For that purpose 5 the departments inspectors may enter upon the premises of any 6 a wholesale dealer or a retail dealer motor fuel site . 7 Sec. 17. Section 215.2, Code 2023, is amended to read as 8 follows: 9 215.2 Special inspection tests request fees. 10 1. The owner or servicer of a commercial weighing and 11 measuring device may request the department conduct a special 12 inspection test of the device to determine its accuracy and 13 correctness. 14 2. The fee for special tests, including but not limited to, 15 using state inspection equipment, for the calibration, testing, 16 certification, or repair conducting a special inspection test 17 of a commercial weighing and measuring device shall be paid 18 by the owner or servicer or person requesting the special 19 inspection test in accordance with the following schedule: 20 1. a. Class S, scales, seventy-five dollars per hour. 21 2. b. Class M, meters, fifty-two dollars and fifty cents 22 per hour. 23 Sec. 18. REPEAL. Section 215.12, Code 2023, is repealed. 24 PART B 25 MOTOR FUEL STANDARDS AND CLASSIFICATIONS 26 Sec. 19. Section 159A.6, subsection 1, paragraph c, Code 27 2023, is amended to read as follows: 28 c. Develop standards for decals required pursuant to 29 section 214A.16 214A.21A , which shall be designed to promote 30 the advantages of using renewable fuels. The standards may be 31 incorporated within a model decal adopted by the office. 32 Sec. 20. Section 214A.1, subsection 2, Code 2023, is amended 33 to read as follows: 34 2. ASTM international means a nonprofit organization, 35 -8- LSB 1218XD (9) 90 da/ns 8/ 15
S.F. _____ H.F. _____ previously named the American society for testing and materials 1 international. 2 Sec. 21. Section 214A.1, Code 2023, is amended by adding the 3 following new subsections: 4 NEW SUBSECTION . 33A. a. Renewable diesel means a motor 5 fuel for use in an internal combustion engine and ignited by 6 pressure without the presence of an electric spark, which 7 is produced from nonfossil renewable resources, including 8 agricultural plants, animal fats, residue, and waste generated 9 from the production, processing, and marketing of agricultural 10 products, and other renewable resources. 11 b. Renewable diesel must meet the standards provided in 12 section 214A.2. 13 c. Renewable diesel does not include any of the following: 14 (1) Biodiesel. 15 (2) A fuel that has been coprocessed. 16 NEW SUBSECTION . 33B. Renewable diesel blended fuel means 17 a blend of renewable diesel with petroleum-based diesel fuel, 18 biodiesel, or a combination of petroleum-based diesel fuel and 19 biodiesel, which meets the standards, including separately 20 the standard for its renewable diesel component, provided in 21 section 214A.2. 22 Sec. 22. Section 214A.2, subsection 4, Code 2023, is amended 23 by adding the following new paragraph: 24 NEW PARAGRAPH . c. (1) If the motor fuel is advertised 25 for sale or sold as renewable diesel or renewable diesel 26 blended fuel, the motor fuel must meet departmental standards 27 based in part or in whole on specifications adopted by ASTM 28 international for renewable diesel or renewable diesel blended 29 motor fuel, to every extent applicable, as determined by the 30 department subject to subparagraph (2). 31 (2) Renewable diesel must at least meet departmental 32 standards based in whole or in part on ASTM international 33 specification D975, or a successor ASTM international 34 specification, established by rule. The specification shall 35 -9- LSB 1218XD (9) 90 da/ns 9/ 15
S.F. _____ H.F. _____ apply to renewable diesel before it leaves its place of 1 manufacture. 2 Sec. 23. Section 214A.2, subsection 5, Code 2023, is amended 3 by adding the following new paragraph: 4 NEW PARAGRAPH . d. (1) Renewable diesel shall be classified 5 RD-100. 6 (2) Renewable diesel blended fuel shall be classified RD-xx 7 where xx is the volume percent of renewable diesel. 8 Sec. 24. Section 214A.2B, Code 2023, is amended to read as 9 follows: 10 214A.2B Laboratory for motor fuel and biofuels fuels, 11 biofuels, and renewable fuels . 12 A laboratory for motor fuel and biofuels is established at a 13 community college which is engaged in biofuels testing on July 14 1, 2007, and which testing includes but is not limited to The 15 Iowa central fuel testing laboratory at Iowa central community 16 college shall test motor fuels, biofuels, and renewable fuels, 17 including but not limited to B-20 biodiesel fuel testing for 18 use by motor trucks and the ability of biofuels to meet ASTM 19 international standards . The laboratory shall conduct the 20 testing of motor fuel fuels sold in this state and biofuel 21 which is biofuels blended in with motor fuel fuels in this 22 state to ensure that the motor fuel or fuels, biofuels , and 23 renewable fuels meet the requirements departmental standards 24 in section 214A.2 . 25 PART C 26 CODE EDITOR DIRECTIVE 27 Sec. 25. CODE EDITOR DIRECTIVE. 28 1. The Code editor is directed to make the following 29 transfer: 30 Section 214A.16 to section 214A.21A. 31 2. The Code editor shall correct internal references in the 32 Code and in any enacted legislation as necessary due to the 33 enactment of this section. 34 DIVISION IV 35 -10- LSB 1218XD (9) 90 da/ns 10/ 15
S.F. _____ H.F. _____ WATER QUALITY 1 Sec. 26. Section 466B.43, subsection 6, Code 2023, is 2 amended to read as follows: 3 6. By October 1, 2019, and each October 1 thereafter of 4 each year , the division shall submit a report to the governor 5 and the general assembly itemizing expenditures, by hydrologic 6 unit code 8 watershed, under the programs , if any, during the 7 previous fiscal year , if any . 8 Sec. 27. Section 466B.44, subsection 5, Code 2023, is 9 amended to read as follows: 10 5. Notwithstanding any other provision in this section 11 to the contrary, beginning on July 1, 2018, the division 12 may use any amount available to support the water quality 13 urban infrastructure program to instead extend do any of the 14 following: 15 a. Extend and support the three-year data collection of 16 in-field agricultural practices project as enacted in 2015 Iowa 17 Acts, ch. 132, 18 . 18 b. Support water quality agriculture infrastructure programs 19 created in section 466B.43. 20 Sec. 28. Section 466B.44, subsection 7, Code 2023, is 21 amended to read as follows: 22 7. By October 1, 2019, and by October 1 of each year 23 thereafter , the division shall submit a report to the governor 24 and the general assembly itemizing expenditures under the 25 program, if any, during the previous fiscal year. 26 EXPLANATION 27 The inclusion of this explanation does not constitute agreement with 28 the explanations substance by the members of the general assembly. 29 GENERAL. This bill relates to a number of regulations 30 and programs administered and enforced by the department of 31 agriculture and land stewardship (DALS). Specifically, the 32 bill amends provisions regulating commercial establishments 33 including pet shops engaged in the business of purchasing and 34 transferring (by sale or exchange) vertebrate animals (animals) 35 -11- LSB 1218XD (9) 90 da/ns 11/ 15
S.F. _____ H.F. _____ other than agricultural animals (Code chapter 162). The 1 bill regulates grain transactions including by grain dealers 2 (dealers) and warehouse operators (operators) (Code chapters 3 203 and 203C) and the indemnification of losses by sellers or 4 depositors from the grain depositors and sellers indemnity fund 5 (Code chapter 203D). The bill also regulates the commercial 6 use of weights and measures, including motor fuel pumps (fuel 7 pumps) that are part of motor fuel dispensers (dispensers), 8 and types of motor fuel advertised for sale (Code chapters 9 214, 214A, and 215), including diesel fuel for use in certain 10 internal combustion engines. Finally, the bill provides for 11 the expenditure of moneys for surface water quality initiatives 12 (initiatives) in order to assess and reduce nutrients in this 13 states watersheds (Code chapter 466B) in conformance with the 14 Iowa nutrient reduction strategy (Code section 455B.171). 15 COMMERCIAL ESTABLISHMENTS PET SHOPS. Under current law, 16 a business classified as a pet shop is a type of establishment 17 required to be annually licensed (Code section 162.5) and pay 18 an associated fee (Code section 162.2B). A business is not 19 regulated as a pet shop if, during the prior 12-month period, 20 the business either receives less than $500 or transfers 21 less than six animals. The bill doubles the exemption 22 qualifications to less than $1,000 or less than 12 animals 23 (amended Code section 162.2). 24 COMMERCIAL ESTABLISHMENTS PENALTY. A person who operates 25 as a pet shop in violation of licensing requirements is guilty 26 of a simple misdemeanor (Code section 162.13). 27 GRAIN REGULATION BACKGROUND. As part of a grain 28 transaction, an operator issues a prenumbered scale 29 weight ticket to a depositor as evidence of stored grain. 30 Alternatively, the operator may issue a warehouse receipt as a 31 form which may be a document of title and therefore negotiable 32 (Code chapter 554, Art. 7). In order for a seller or depositor 33 to be indemnified for a loss by the fund, the dollar value of 34 a claim for transferred grain is based on either a warehouse 35 -12- LSB 1218XD (9) 90 da/ns 12/ 15
S.F. _____ H.F. _____ receipt or scale weight ticket (Code section 203D.6). 1 GRAIN REGULATION TERMS. Currently, several different 2 terms are used to describe the same item. The bill changes 3 the terms to be uniform, including scale ticket to scale 4 weight ticket and Iowa grain depositors and sellers indemnity 5 fund to grain depositors and sellers indemnity fund, which 6 are both defined (amended Code sections 203.1, 203.5, 203.11, 7 203.17, 203C.5, 203C.6, 203C.17, 203C.36, and 203D.1). 8 GRAIN REGULATION GRAIN MOISTURE CONTENT. A person 9 receiving corn or soybeans as part of a transaction involving 10 storage, processing, or sale may adjust the scale weight to 11 account for moisture content (i.e., reducing the scale weight 12 by a special factor calculated for each 1 percent of moisture 13 content). The bill provides that the adjustment applies to all 14 grain in which there are standards established by the United 15 States department of agriculture (Code sections 203.1 and 16 203C.1 and amended Code sections 203.20 and 203C.25). 17 GRAIN REGULATION OPEN STORAGE. An operator may retain 18 delivered grain in open storage (meaning without issuing a 19 warehouse receipt or making a purchase) subject to certain 20 limitations. Grain subject to a scale weight ticket without 21 having the price fixed and documented by the operator is 22 considered to be retained in open storage. Currently, if 23 grain is retained in open storage, the operator must issue the 24 depositor a warehouse receipt within one year of the grains 25 delivery date, unless the depositor signs a statement refusing 26 it. The bill eliminates this requirement. Upon request, the 27 operator must still issue the depositor a warehouse receipt 28 (amended Code section 203C.17). 29 GRAIN REGULATION PENALTIES. A person who violates Code 30 chapter 203 or 203C is guilty of a simple misdemeanor (Code 31 sections 203.11 and 203C.36). 32 WEIGHTS AND MEASURES. A person who uses or displays a 33 commercial weighing or measuring device (device) must be 34 licensed. The term of the license is 12 months. Generally, 35 -13- LSB 1218XD (9) 90 da/ns 13/ 15
S.F. _____ H.F. _____ the term is on a calendar year basis (January 1 to December 1 31) but for motor fuel pumps the term is on a fiscal year 2 basis (July 1 to June 30). A fee is required for the issuance 3 of the license and an inspection (license inspection fee) 4 first due when the device is placed into service. DALS is 5 expressly required to inspect motor fuel pumps each year. The 6 bill provides that the fee is for the issuance of the license 7 rather than the inspection, the license fee is due when the 8 license is issued, and that DALS must inspect motor fuel pumps 9 on a biennial basis (amended Code sections 214.2, 214.3, and 10 214.11). The bill also eliminates a requirement that persons 11 engaged in repairing scales must file a bond with the state 12 (repealed Code section 215.12). 13 WEIGHTS AND MEASURES MOTOR FUEL STANDARDS AND 14 CLASSIFICATIONS. Motor fuels include fossil (petroleum) based 15 gasoline and diesel fuel as well as certain biofuel components 16 derived from renewable (nonpetroleum) resources such as ethanol 17 classified as E-100 and biodiesel comprised of monoalkyl esters 18 of long-chain fatty acids and classified as B-100. Both types 19 of substances are used to produce renewable fuels (e.g., E-15 20 or B-5) subject to separate departmental standards based on 21 ASTM international (ASTM) specifications. The bill regulates 22 another liquid fuel referred to renewable diesel classified as 23 RD-100 that may be used as a motor fuel or a blending component 24 and classified as RD-xx. RD-100 is produced from nonfossil 25 renewable resources but is not biodiesel due to manufacturing 26 processes. Petroleum-based diesel fuel and RD-100 are subject 27 to the same ASTM specification D975 while B-100 is subject to 28 ASTM specification D6751 (amended Code sections 214A.1 and 29 214A.2). 30 WEIGHTS AND MEASURES TESTING LABORATORY. The bill 31 expressly recognizes the Iowa central fuel testing laboratory 32 at Iowa central community college as the official laboratory 33 for testing motor fuels, biofuels, and renewable fuels (amended 34 Code section 214A.2B). 35 -14- LSB 1218XD (9) 90 da/ns 14/ 15
S.F. _____ H.F. _____ WEIGHTS AND MEASURES CODE EDITOR DIRECTIVE. The bill 1 transfers Code section 214A.16 from subchapter I to subchapter 2 II of Code chapter 214A. The Code section regulates a notice 3 required to be posted for consumers purchasing renewable fuels. 4 In 2022, the general assembly enacted 2022 Iowa Acts, chapter 5 1152, which reorganized Code chapter 214A. Subchapter I 6 regulates general matters such as standards and classifications 7 and subchapter II regulates the advertisement, sale, and use 8 of motor fuel. 9 WEIGHTS AND MEASURES PENALTY. A person who fails to allow 10 for an inspection of a motor fuel pump is guilty of a simple 11 misdemeanor. 12 WATER QUALITY. DALS regulates two water quality 13 initiatives, including water quality agriculture infrastructure 14 programs (amended Code section 466B.43) and the water quality 15 urban infrastructure program (amended Code section 466B.44). 16 The initiative is supported by the water quality initiative 17 fund (Code section 466B.45), the water quality infrastructure 18 fund (Code section 8.57B), and the water quality financial 19 assistance fund (Code section 16.134A). Moneys in the last 20 fund (15 percent) are appropriated to support the water quality 21 urban infrastructure program. The bill provides that DALS 22 may use moneys available to support the water quality urban 23 infrastructure program to instead support the water quality 24 agriculture infrastructure programs. The bill also eliminates 25 dates in several Code sections that are now extraneous. 26 APPLICABLE PENALTIES. A simple misdemeanor is punishable by 27 confinement for no more than 30 days and a fine of at least $105 28 but not more than $855. 29 -15- LSB 1218XD (9) 90 da/ns 15/ 15