Amendment SSA1-SB87

LRBs0053/1

RCT:kmg:aj

1995 - 1996 LEGISLATURE

SENATE SUBSTITUTE AMENDMENT 1, To 1995 SENATE BILL 87

March 9, 1995 - Offered by Committee on Environment and Energy.

SB87-SSA1,1,3 An Act to renumber and amend 168.11 (1) (b); and to create 78.77 (2m), 168.11 (1) (b) 1. and 168.11 (1) (b) 3. of the statutes; relating to: the labeling of certain gasoline, manifests for certain gasoline and granting rule-making authority.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB87-SSA1, s. 1 Section 1. 78.77 (2m) of the statutes is created to read:

SB87-SSA1,1,10 78.77 (2m) The manifest under sub. (2) for gasoline that contains an oxygenate other than ethanol and that contains at least 1% by volume of an oxygenate or combination of oxygenates shall show the identity and the percentage by volume of each oxygenate. The quantity and identity of oxgenates shall be determined without regard to the content of any residual gasoline present in any facility or tank in which the gasoline is stored or transported prior to delivery.

SB87-SSA1, s. 2 Section 2. 168.11 (1) (b) of the statutes is renumbered 168.11 (1) (b) 2. and amended to read:

SB87-SSA1,2,2 168.11 (1) (b) 2. A device that dispenses a gasoline-ethanol fuel blend for sale at retail shall be marked or labeled with the percentage of ethanol, using one-half inch high letters with a stroke of not less than one-eighth inch in width, at all times when the product is offered for sale. The

SB87-SSA1,2,7 4. A label under this paragraph shall be on the front or side of the upper half of the dispensing device and shall be conspicuous and legible to a customer when viewed from the driver's seat of a motor vehicle that is located within 6 feet of the dispensing device. The device may also be marked or labeled with any product grade specifications prescribed under s. 168.04.

SB87-SSA1, s. 3 Section 3. 168.11 (1) (b) 1. of the statutes is created to read:

SB87-SSA1,2,10 168.11 (1) (b) 1. In this paragraph, "primary oxygenate" means the oxygenate that is present in gasoline in the greatest volume.

SB87-SSA1, s. 4 Section 4. 168.11 (1) (b) 3. of the statutes is created to read:

SB87-SSA1,2,24 168.11 (1) (b) 3. A device that dispenses, for sale at retail, gasoline that contains an oxygenate other than ethanol and that contains at least 1% by volume of an oxygenate or combination of oxygenates shall be marked or labeled with the identity of the primary oxygenate at all times when the product is offered for sale. The quantity and identity of oxygenates shall be determined using the information provided under s. 78.77 (2m) and, if the storage tank that supplies the dispensing device contains gasoline from deliveries with different quantities or identities of oxygenates, estimates of the relative proportions of gasoline from those deliveries that are contained in the storage tank. The label shall identify the primary oxygenate as "MTBE", if the primary oxygenate is methyl tertiary butyl ether, or "ETBE", if the primary oxygenate is ethyl tertiary butyl ether, or, if the gasoline contains another primary oxygenate, the label shall identify the primary oxygenate in the manner specified by the department by rule.

SB87-SSA1, s. 5 Section 5. Initial applicability.

SB87-SSA1,3,2 (1)  The treatment of section 168.11 (1) (b) 3. of the statutes first applies to gasoline delivered to a retail station on the effective date of this subsection.

SB87-SSA1, s. 6 Section 6. Effective date.

SB87-SSA1,3,4 (1)  This act takes effect on the 60th day after the day of publication.

SB87-SSA1,3,5 (End)