Senate Bill 0922c1

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    Florida Senate - 2000                            CS for SB 922

    By the Committee on Agriculture and Consumer Services; and
    Senator Hargrett




    303-2041-00

  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.

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

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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  necessary to protect the air quality and public health for

22  residents of and visitors to this state, consistent with

23  national primary and secondary ambient air quality standards.

24  This comprehensive approach may include regulation and

25  permitting of major stationary sources of air pollution;

26  regulation of mobile sources of air pollution, including

27  vehicle inspection programs; and requirements to use

28  clean-burning low-sulphur fuels.

29         526.41  Definitions.--As used in ss. 526.40, 526.41,

30  and 526.42, the term:

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    Florida Senate - 2000                            CS for SB 922
    303-2041-00




  1         (1)  "Gasoline" means any motor fuel that is sold for

  2  use in spark ignition engines and that is commonly or

  3  commercially known or sold as gasoline, including oxygenated

  4  gasoline.

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

  6  gasoline from another state or a foreign country into this

  7  state.

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

  9  gasoline in this state.

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

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

12  to an ultimate consumer.

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

14  or obtains motor fuel for direct consumption in a motor

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

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

17         526.42  Requirements for sale of low-sulfur gasoline.--

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

19  all gasoline supplied by each producer or importer and

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

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

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

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

24  supplied by the producer or importer in accordance with this

25  subsection.

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

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

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

29  gasoline that does not meet the limits specified in this

30  section when tested in accordance with the test methods

31  authorized and specified in rules adopted by the Department of

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    Florida Senate - 2000                            CS for SB 922
    303-2041-00




  1  Agriculture and Consumer Services, unless the gasoline is

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

  3  an ultimate consumer in this state.

  4         (3)  The provisions of subsections (1) and (2) shall

  5  become effective immediately upon approval by the U.S.

  6  Environmental Protection Agency to amend Florida's State

  7  Implementation Plan consistent herewith.

  8         (4)  The Department of Agriculture and Consumer

  9  Services may adopt rules under chapter 120 to provide

10  appropriate testing of gasoline products to determine

11  compliance with this section and to require appropriate

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

13  products to determine compliance with this section. The

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

15  2003, and submit them to the Legislature for review during the

16  2003 Regular Session before the rules become effective on

17  January 1, 2004.

18         (5)  The Department of Agriculture and Consumer

19  Services shall submit a report to the Legislature by December

20  1, 2002, describing the progress in administering this section

21  and recommending any additional changes in law needed to

22  administer this section.

23         (6)  The Department of Environmental Protection, after

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

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

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

27  establishing maximum and average allowable sulfur

28  concentrations for gasoline which are lower than the

29  concentration limitations specified in this section.

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

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    Florida Senate - 2000                            CS for SB 922
    303-2041-00




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         Senate Bill 922

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  4  Committee Substitute for Senate Bill 922 is different from
    Senate Bill 922 in that it:
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    *     Clarifies legislative intent that a comprehensive
  6        approach is necessary to protect the air quality and
          public health for residents and visitors of this state
  7        consistent with national primary and secondary ambient
          air quality standards; and
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    *     Specifies that the bill's requirements for the sale of
  9        low-sulfur gasoline are to become effective immediately
          upon the United States Environmental Protection Agency's
10        approval to amend Florida's State Implementation Plan.

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