SSB 3095

DALS may register the logo as a mark with the secretary of state. DALS may also register the logo as a trademark with the United States patent and trademark office or as a copyright with the United States copyright office.30). CHOOSE IOWA PROMOTIONAL PROGRAM —— LICENSING AGREEMENTS AND FEES. _____ with a person who applies to use the logo. An agreement cannot be for more than five years. DALS must evaluate and approve or disapprove applications based on criteria established by rule. DALS may also establish application and license fees by rule. CHOOSE IOWA FUND. A choose Iowa fund (fund) is established in the state treasury under DALS’ management and control. The fund includes moneys that DALS collects in fees or otherwise receives, including by appropriation or gift. DALS must use the moneys exclusively to carry out the provisions of the bill. PESTICIDE REGULATION.1) which in part regulates commercial and private applicators.6).5).19). The Act provided that the amount for each violation committed by a commercial applicator or private applicator cannot exceed $500 for each violation. The bill amends the provision by changing the term from “violation” back to “offense”. MOTOR FUEL REGULATION —— BACKGROUND. DALS regulates persons advertising for sale or selling motor fuel on a wholesale or retail basis (Code chapter 214A) as well as motor fuel infrastructure used to store and dispense motor fuel at a retail motor fuel site owned or operated by a retail dealer and, in particular, metered motor fuel pumps located at a retail motor fuel site (Code chapter 214).2A) as well as their respective components. A biofuel is a component used to formulate a motor fuel and is closely associated with formulations of both gasoline and diesel fuel. A renewable fuel is a term which refers to either a biofuel or a motor fuel blended with a biofuel., derived from soybeans) used to produce biodiesel blended fuel. DALS establishes standards for these motor fuels and their components based on two outside sources of authority: (1) specifications recommended by ASTM international, a private globally recognized organization, and (2) requirements adopted by the United States environmental protection agency (EPA).1501(a)). DALS’ regulation of a renewable fuel depends upon its classification expressed as an abbreviation identifying the renewable fuel according to type followed by a number representing the biofuel percentage by volume usually measured by gallon.11Y). One special exception is E-85 gasoline which is based on a percentage range of between and percent by volume of ethanol. MOTOR FUEL REGULATION —— REVISION OF TERMS.1).2).31).16). MOTOR FUEL REGULATION —— DEPARTMENTAL STANDARDS.2(2)). For all three types of motor fuel, departmental standards may be based in part or in whole on ASTM international specifications, and may include successor specifications.2(3)).2(4)). MOTOR FUEL REGULATION —— CLASSIFICATIONS. The bill adds subclassifications for biofuels including for ethanol classified as E-100, biobutanol classified as Bu-100, and biodiesel classified as B-100. The bill also recognizes E-85 according to its revised percentage range, which is to percent. MOTOR FUEL REGULATION —— ADVERTISING.3). _____ The bill replaces a provision that prohibits a person from falsely advertising that a motor fuel is or is not a renewable fuel with a provision that prohibits a person from falsely advertising the classification of a renewable fuel., E-10), that identifies ethanol blended gasoline classified from E-11 to E-15, or that identifies dispensed diesel fuel as biodiesel blended fuel., E-85) or any classification of biobutanol blended gasoline. The bill does not affect federal labeling requirements. APPLICABLE PENALTIES. A person who violates a provision of Code chapter 214A is guilty of a serious misdemeanor. A serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $430 but not more than $2,560. However, the state may initiative a substitute civil enforcement action as an administrative action by DALS or as a judicial proceeding by the attorney general upon referral by DALS.11).