Bill Text: MI SB0870 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Agriculture: weights and measures; vapor pressure restrictions on gasoline sales; suspend during a declared emergency. Amends secs. 3 & 9k of 1984 PA 44 (MCL 290.643 & 290.649k).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-05-06 - Reassigned To Committee On Agriculture [SB0870 Detail]
Download: Michigan-2019-SB0870-Introduced.html
SENATE BILL NO. 870
April 24, 2020, Introduced by Senator SCHMIDT
and referred to the Committee on Government Operations.
A bill to amend 1984 PA 44, entitled
"Motor fuels quality act,"
by amending sections 3 and 9k (MCL 290.643 and 290.649k), section 3 as amended by 2008 PA 313 and section 9k as added by 2006 PA 104.
the people of the state of michigan enact:
Sec. 3. (1) The director shall establish standards pursuant to under this act to ensure the purity and
quality of gasoline and diesel fuel sold or offered for sale in this state.
(2) The director shall
establish standards for the amount and type of additives allowed to be included
in gasoline and diesel fuel.
(3) The director shall
establish standards for the grading of gasoline, including, but not limited to,
subregular with a minimum 85 AKI, regular with a minimum 87 AKI and a minimum
82 MON, midgrade 88 with a minimum 88 AKI and a minimum 82 MON, midgrade 89 with
a minimum 89 AKI and a minimum 83 MON, premium with a minimum 90 AKI, premium
91 with a minimum 91 AKI, premium 92 with a minimum 92 AKI, premium 93 with a
minimum 93 AKI, and premium 94 with a minimum 94 AKI.
(4) The director shall
establish standards for vapor pressure as specified by the American society Society for testing Testing and materials, Materials International, except as otherwise
required to conform to federal or state law. Notwithstanding anything to the
contrary in section 10d, the director shall establish the vapor pressure as 9.0
pounds per square inch (psi) for retail outlets during the period beginning
June 1 through September 15 of each year, except for dispensing facilities in
counties where the director establishes the vapor pressure as 7.0 psi or 7.8
psi in the year 2007 and thereafter. As used in this act, "vapor
pressure" means the vapor pressure of gasoline or gasoline oxygenate blend
as determined by ASTM test method D6378 or D5191 or an ASTM method approved by
the department.
(5) In establishing
additive and grading standards,
the director shall adopt the latest standards for gasoline established by the
American society Society for testing Testing and materials Materials International and shall adopt the latest
standards for gasoline established by federal law or regulation. The standards
established by the director shall must not prohibit a gasoline blend that
is permitted by a valid waiver granted by the United States environmental protection agency
pursuant to Environmental
Protection Agency under the fuel or fuel additive waiver in
section 211(f)(4) of part A of title II of the clean air act, 42 USC 7545, and
the ethanol waiver of 1.0 psi in section 211(h)(4) of part A of title II of the
clean air act, 42 USC 7545, if the gasoline blend meets all of the conditions
set forth in the waiver. Beginning June 1, 2003, the director shall not permit
the use of the additive methyl tertiary butyl ether (MTBE) in this state.
(6) The director shall
establish standards pursuant to under this act to ensure the purity and
quality of diesel fuel sold or offered for sale in this state. No later than
June 1, 2009, the director shall make available for public comment proposed
standards to ensure the purity and quality of diesel fuel that is biodiesel or
a biodiesel blend, including, but not limited to, a biodiesel blend designated
as B20.
(7) Any firm offering
hydrogen fuel for sale in this state shall first register with and obtain
approval from the department. Registration shall must include
a complete list of the fuel specifications the product is to meet and the sites
where the product is offered for sale to the general public.
(8) Standards established pursuant to under this section shall must be by rules promulgated pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
Sec. 9k. (1) If
the governor declares an emergency under the emergency management act, 1976 PA
390, MCL 30.401 to 30.421, or 1982 PA 191, MCL 10.81 to 10.89, the governor may
exercise his or her discretion to grant a temporary variance suspending the low
vapor pressure fuel provisions of this act or rules promulgated under this act
if the governor concludes it is necessary to avoid disruptions in fuel supply.
Fuel manufactured, sold, distributed, offered for sale or distribution,
dispensed, offered for supply, stored, or transported under the variance shall must be deemed compliant with the low
vapor pressure fuel requirements of this act. The fine described in section 9l does not apply to a variance described in this section. The
variance shall must be granted only
for the minimum period necessary. The allowable vapor pressure under the
variance shall must be the minimum the
governor considers necessary and in no event shall must the variance allow the refiner,
distributor, or terminal to operate with a vapor pressure of greater than 9.0
psi.
