2003 - 2004 LEGISLATURE
January 28, 2003 - Introduced by Senators Schultz, A. Lasee, Risser and
Harsdorf, cosponsored by Representatives Freese, Gronemus, Loeffelholz,
Hahn, Musser, Bies, M. Lehman, Owens, Hines, Albers and Petrowski.
Referred to Committee on Agriculture, Financial Institutions and Insurance.
1An Act to renumber and amend
168.04; and to create
168.04 (2), 168.04 (3) 2
and 168.04 (4) of the statutes; relating to: requiring ethanol in automotive
3gasoline, granting rule-making authority, and providing a penalty.
Analysis by the Legislative Reference Bureau
Current law requires the Department of Commerce (Commerce) to set
minimum specifications for gasoline, reformulated gasoline, and kerosene and
authorizes Commerce to set minimum specifications for other types of fuel.
This bill requires Commerce to set, by rule, minimum specifications for
automotive gasoline that require automotive gasoline, with certain exceptions, to
contain a specified minimum percentage of ethanol produced in the United States.
The amount of required ethanol is gradually increased from July 1, 2004, to July 1,
2008, by which date automotive gasoline generally must contain at least 10%
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB13, s. 1
168.04 of the statutes is renumbered 168.04 (1) and amended to 5
The department by rule shall prescribe minimum product grade 2
specifications for gasoline, automotive gasoline,
reformulated gasoline, as defined in 3
s. 285.37 (1), and kerosene and may prescribe product grade specifications for 4automotive gasoline,
gasoline-alcohol fuel blends, aviation gasoline, fuel oils,
diesel fuels. Automotive gasoline specifications shall include lead content. The rules
6shall, to the extent feasible, be in conformity with nationally recognized standards,
7specifications and classifications, such as those published by the American society
8for testing and materials, the society of automotive engineers and the U.S.
9environmental protection agency. The department may not promulgate or enforce
10a rule prohibiting additional information from placement on the dispensing device.
SB13, s. 2
168.04 (2) of the statutes is created to read:
(a) In this subsection:
1. "Domestic ethanol" means ethanol that is manufactured or produced in the 14
United States from grain or feedstock grown in the United States.
2. "Nonattainment area" has the meaning given in s. 285.01 (30).
(b) Except as provided in pars. (c) and (d), the rule promulgated by the 17
department under sub. (1) to set standards for automotive gasoline shall require 18
automotive gasoline to meet the following minimum ethanol fuel blend 19
1. Beginning on July 1, 2004, automotive gasoline shall contain at least 3% 21
2. Beginning on July 1, 2006, automotive gasoline shall contain at least 6% 23
3. Beginning on July 1, 2008, automotive gasoline shall contain at least 10% 25
(c) The standards established under par. (b) do not apply to automotive gasoline 2
sold or used in a nonattainment area for ozone.
(d) The standards established under par. (b) do not apply to automotive 4
gasoline sold as fuel for tractors, farm machinery, aircraft, small engines, boat 5
motors, motorcycles, and antique motor vehicles specified by the department, by 6
rule. In determining which tractors, farm machinery, aircraft, small engines, boat 7
motors, motorcycles, and antique motor vehicles to specify, the department shall 8
consider whether the use of an ethanol-gasoline fuel blend will cause engine damage 9
to or significantly reduce the efficiency of the tractor, farm machinery, aircraft, small 10
engine, boat motor, motorcycle, or antique motor vehicle.
SB13, s. 3
168.04 (3) of the statutes is created to read:
Except as otherwise provided in this section, rules promulgated 13
under this section shall be in conformity with nationally recognized standards, 14
specifications, and classifications, such as those published by the American Society 15
for Testing and Materials, the Society of Automotive Engineers, and the U.S. 16
Environmental Protection Agency. The department may not promulgate or enforce 17
a rule prohibiting the placement of additional information on the dispensing device.
SB13, s. 4
168.04 (4) of the statutes is created to read:
A person who sells or dispenses automotive gasoline that violates 20
any rule promulgated under sub. (1) or (2) shall forfeit not less than $10 nor more 21
than $100. Each day on which a violation occurs is a separate violation.