Senate Bill 0922

CODING: Words stricken are deletions; words underlined are additions.



    Florida Senate - 2000                                   SB 922

    By Senator Hargrett





    21-712-00

  1                      A bill to be entitled

  2         An act relating to the sale of low-sulfur

  3         gasoline; creating ss. 526.40, 526.41, 526.42,

  4         F.S.; providing legislative findings and

  5         intent; providing definitions; providing

  6         requirements for sale of low-sulfur gasoline;

  7         authorizing the Department of Agriculture and

  8         Consumer Services to adopt certain rules;

  9         requiring the Department of Agriculture and

10         Consumer Services and the Department of

11         Environmental Protection to submit certain

12         reports to the Legislature; providing an

13         effective date.

14

15  Be It Enacted by the Legislature of the State of Florida:

16

17         Section 1.  Sections 526.40, 526.41, and 526.42,

18  Florida Statutes, are created to read:

19         526.40  Legislative findings and intent.--The

20  Legislature has determined that a comprehensive approach is

21  needed to protect the air quality and public health for

22  residents of this state and visitors to this state. This

23  comprehensive approach may include regulation and permitting

24  of major stationary sources of air pollution, regulation of

25  mobile sources of air pollution, including vehicle inspection

26  programs, and requirements to use clean-burning low-sulphur

27  fuels.

28         526.41  Definitions.--As used in ss. 526.40, 526.41,

29  and 526.42, the term:

30

31

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                                   SB 922
    21-712-00




  1         (1)  "Gasoline" means any motor fuel sold for use in

  2  spark ignition engines and which is commonly or commercially

  3  known or sold as gasoline, including oxygenated gasoline.

  4         (2)  "Importer" means any person who transports

  5  gasoline from another state or a foreign country into this

  6  state.

  7         (3)  "Producer" means any person who manufactures

  8  gasoline in this state.

  9         (4)  "Retailer" means a person operating an

10  establishment at which motor fuel is sold or offered for sale

11  to an ultimate consumer.

12         (5)  "Ultimate consumer" means a person who purchases

13  or obtains motor fuel for direct consumption in a motor

14  vehicle and who does not transfer or offer to transfer the

15  motor fuel to any other person after purchase or receipt.

16         526.42  Requirements for sale of low-sulfur gasoline.--

17         (1)  Beginning January 1, 2004, the sulfur content of

18  all gasoline supplied by each producer or importer and

19  designated for use in this state may not exceed an annual

20  average of 30 ppm by weight and a per-gallon cap of 150 ppm by

21  weight. For each calendar year, the sulfur content must be

22  averaged on a volume-weighted basis over the pool of gasoline

23  supplied by the producer or importer in accordance with this

24  subsection.

25         (2)  Beginning January 1, 2004, a person may not

26  produce, store, transport, supply, offer to supply, transfer

27  or otherwise handle, sell, offer for sale, or dispense

28  gasoline that does not meet the limits specified in this

29  section when tested in accordance with the test methods

30  authorized and specified in rules adopted by the Department of

31  Agriculture and Consumer Services, unless the gasoline is

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                                   SB 922
    21-712-00




  1  segregated and clearly documented as not for sale or supply to

  2  an ultimate consumer in this state.

  3         (3)  The Department of Agriculture and Consumer

  4  Services may adopt rules under chapter 120 to provide

  5  appropriate testing of gasoline products to determine

  6  compliance with this section and to require appropriate

  7  documentation on the transport, storage, and sale of gasoline

  8  products to determine compliance with this section. The

  9  department shall prepare and adopt those rules by January 1,

10  2003, and submit them to the Legislature for review during the

11  2003 Regular Session before the rules become effective on

12  January 1, 2004.

13         (4)  The Department of Agriculture and Consumer

14  Services shall submit a report to the Legislature by December

15  1, 2002, describing the progress in administering this section

16  and recommending any additional changes in law needed to

17  administer this section.

18         (5)  The Department of Environmental Protection, after

19  consultation with the U.S. Environmental Protection Agency,

20  shall submit a report to the Legislature by December 1, 2002,

21  on the potential benefits to urban and regional air quality of

22  establishing maximum and average allowable sulfur

23  concentrations for gasoline which are lower than the

24  concentration limitations specified in this section.

25         Section 2.  This act shall take effect July 1, 2000.

26

27            *****************************************

28                          SENATE SUMMARY

29    Provides for the regulation of the sale of low-sulphur
      gasoline in this state. Authorizes rulemaking by the
30    Department of Agriculture and Consumer Services. Requires
      reports to the Legislature by the Department of
31    Agriculture and Consumer Services and the Department of
      Environmental Protection.
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