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.
SB13,1,3 1An Act to renumber and amend 168.04; and to create 168.04 (2), 168.04 (3)
2and 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%
ethanol.
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 4Section 1. 168.04 of the statutes is renumbered 168.04 (1) and amended to
5read:
SB13,2,10
1168.04 (1) The department by rule shall prescribe minimum product grade
2specifications for gasoline, automotive gasoline, reformulated gasoline, as defined in
3s. 285.37 (1), and kerosene and may prescribe product grade specifications for
4automotive gasoline, gasoline-alcohol fuel blends, aviation gasoline, fuel oils, and
5diesel 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 11Section 2. 168.04 (2) of the statutes is created to read:
SB13,2,1212 168.04 (2) (a) In this subsection:
SB13,2,1413 1. "Domestic ethanol" means ethanol that is manufactured or produced in the
14United States from grain or feedstock grown in the United States.
SB13,2,1515 2. "Nonattainment area" has the meaning given in s. 285.01 (30).
SB13,2,1916 (b) Except as provided in pars. (c) and (d), the rule promulgated by the
17department under sub. (1) to set standards for automotive gasoline shall require
18automotive gasoline to meet the following minimum ethanol fuel blend
19requirements:
SB13,2,2120 1. Beginning on July 1, 2004, automotive gasoline shall contain at least 3%
21domestic ethanol.
SB13,2,2322 2. Beginning on July 1, 2006, automotive gasoline shall contain at least 6%
23domestic ethanol.
SB13,2,2524 3. Beginning on July 1, 2008, automotive gasoline shall contain at least 10%
25domestic ethanol.
SB13,3,2
1(c) The standards established under par. (b) do not apply to automotive gasoline
2sold or used in a nonattainment area for ozone.
SB13,3,103 (d) The standards established under par. (b) do not apply to automotive
4gasoline sold as fuel for tractors, farm machinery, aircraft, small engines, boat
5motors, motorcycles, and antique motor vehicles specified by the department, by
6rule. In determining which tractors, farm machinery, aircraft, small engines, boat
7motors, motorcycles, and antique motor vehicles to specify, the department shall
8consider whether the use of an ethanol-gasoline fuel blend will cause engine damage
9to or significantly reduce the efficiency of the tractor, farm machinery, aircraft, small
10engine, boat motor, motorcycle, or antique motor vehicle.
SB13, s. 3 11Section 3. 168.04 (3) of the statutes is created to read:
SB13,3,1712 168.04 (3) Except as otherwise provided in this section, rules promulgated
13under this section shall be in conformity with nationally recognized standards,
14specifications, and classifications, such as those published by the American Society
15for Testing and Materials, the Society of Automotive Engineers, and the U.S.
16Environmental Protection Agency. The department may not promulgate or enforce
17a rule prohibiting the placement of additional information on the dispensing device.
SB13, s. 4 18Section 4. 168.04 (4) of the statutes is created to read:
SB13,3,2119 168.04 (4) A person who sells or dispenses automotive gasoline that violates
20any rule promulgated under sub. (1) or (2) shall forfeit not less than $10 nor more
21than $100. Each day on which a violation occurs is a separate violation.
SB13,3,2222 (End)
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