PRINTER'S NO. 468
No. 451 Session of 2003
INTRODUCED BY GREENLEAF, MUSTO, LEMMOND, O'PAKE, RAFFERTY, TARTAGLIONE, COSTA, STACK AND KASUNIC, MARCH 11, 2003
REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, MARCH 11, 2003
AN ACT
1 Amending the act of July 1, 1987 (P.L.187, No.24), entitled "An
2 act requiring retail gasoline dealers to post gasoline
3 additive information; and imposing penalties," requiring the
4 Department of Agriculture to establish standards relating to
5 octane levels and additives, to develop a testing program and
6 to enforce the standards established; establishing the
7 Automotive Fuel Testing Account; and making an appropriation.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. The definitions of "gasoline" and "gasoline
11 additive" in section 1 of the act of July 1, 1987 (P.L.187,
12 No.24), entitled "An act requiring retail gasoline dealers to
13 post gasoline additive information; and imposing penalties," are
14 amended and the section is amended by adding definitions to
15 read:
16 Section 1. Definitions.
17 The following words and phrases when used in this act shall
18 have the meanings given to them in this section unless the
19 context clearly indicates otherwise:
20 "American Society for Testing and Materials" or "ASTM." An
1 organization which develops quality standards and test methods 2 for petroleum products. 3 * * * 4 "Department." The Department of Agriculture of the 5 Commonwealth. 6 "Distributor." A person who receives automotive fuel in this 7 Commonwealth for storage and subsequent distribution to another 8 person other than the consumer. 9 * * * 10 "Gasoline." Any liquid prepared, advertised, offered for 11 sale, sold for use as or used for the generation of power for 12 the propulsion of motor vehicles, boats, motorboats or 13 watercraft, including any product obtained by blending together 14 any one or more products of petroleum with or without other 15 products, including oxygenate, if the resultant product is 16 capable of the same use. 17 "Gasoline additives." Methanol, ethanol, oxygenate or co- 18 solvent in concentrations above 1% by volume. 19 * * * 20 "Octane rating." The numerical rating of the antiknock 21 characteristics of a grade or type of gasoline as defined by the 22 specifications of the American Society for Testing and 23 Materials, entitled "Standard Specifications for Automotive 24 Spark Ignition Engine Fuel" and designated D4814. 25 "Oxygenated fuel." Gasoline containing oxygen-bearing 26 compounds with a total of 0.40% or more oxygen by volume. 27 "Refiner." A person engaged in the manufacture, production 28 or importation of automotive fuel. 29 * * * 30 Section 2. Sections 2 and 3 of the act are amended to read: 20030S0451B0468 - 2 -
1 Section 2. Posting of gasoline additive or blending 2 information. 3 (a) Requirement.--All retail service station dealers shall 4 conspicuously post on each pump from which gasoline [containing 5 gasoline additives] is dispensed a sign clearly indicating 6 [that] the octane rating and whether the gasoline contains 7 gasoline additives, the type or types of gasoline additives 8 contained in the gasoline and the maximum percentage by volume, 9 to the nearest whole percent, of each gasoline additive. 10 (b) Size of sign.--The information required by subsection 11 (a) shall be conveyed in bold block lettering [at least one- 12 quarter inch in size.] as adopted by the department by 13 regulation. 14 (c) Visibility.--If a pump is used to dispense gasoline on 15 more than one driveway, the sign or signs required by subsection 16 (a) shall be placed on both [sides] faces of the pump so that a 17 sign shall be clearly visible from each driveway. 18 Section 3. Notification [by manufacturers] of octane and 19 gasoline additive information. 20 (a) General rule.--[Manufacturers of gasoline which contains 21 gasoline additives shall notify gasoline purchasers, in writing, 22 as to the presence of the additives. This requirement shall 23 continue for each seller until the product is resold to the 24 public. 25 (b) Pump signs.--] A refiner, distributor or reseller may 26 not transfer, sell or dispense gasoline or oxygenated fuel for 27 sale in this Commonwealth without delivering to the purchaser a 28 bill, invoice or other instrument evidencing the transaction 29 which shall indicate: 30 (1) the presence of methanol and co-solvent, each as a 20030S0451B0468 - 3 -
1 percentage of the total volume, if the quantity of methanol 2 exceeds 0.3%; 3 (2) the presence of ethanol, as a percentage of the 4 total volume, if such quantity exceeds 1% of the total 5 volume; 6 (3) the presence of lead additive, expressed in terms of 7 a part per gallon, if the quantity of lead additive is in 8 excess of the threshold adopted by the commissioner; 9 (4) the minimum octane rating; and 10 (5) whether the material is gasoline or oxygenated fuel. 11 (b) Form.--For the purpose of this section, the instrument 12 evidencing the transaction shall be on the form required by the 13 department. The department shall consult with the Department of 14 Revenue and, to the extent practicable, the form used for 15 certification of prepayment of the sales tax and payment of 16 motor fuel tax shall be modified and adapted for this purpose, 17 such that the form shall indicate the brand, type and quality of 18 each product delivered. 19 [(1) The manufacturers] 20 (c) Pump signs.--The manufacturer, refiner, distributor or 21 reseller also shall provide anyone who purchases the gasoline 22 for resale to the public or to retail service station dealers 23 with an adequate number of pump signs [meeting] to meet the 24 posting requirements of this act and which meet the following 25 criteria: 26 [(i)] (1) The pump sign shall indicate [that] the octane 27 rating and whether the gasoline dispensed from that pump 28 contains gasoline additives and shall set forth the maximum 29 percentage by volume, to the nearest whole percent, of each 30 gasoline additive. 20030S0451B0468 - 4 -
1 [(ii)] (2) This information shall be set forth in block 2 lettering [which is at least one-quarter inch in size.] as 3 required by regulations of the department. 4 [(2) When providing pump signs to purchasers of its 5 gasoline who intend to resell the gasoline to the public or 6 to retail service station dealers, the manufacturer shall 7 provide an adequate number of the signs for the purchaser or 8 retail service stations to whom the purchaser sells, to meet 9 the requirements of this act.] 10 (d) Representations.--No person who distributes gasoline may 11 make a representation respecting the antiknock characteristics 12 of the gasoline unless the representation discloses the minimum 13 Antiknock Index Requirements of the fuel as adopted by the 14 National Conference of Weights and Measures and published in 15 Handbook 130, and supplements thereto, or in any publication 16 revising or superseding Handbook 130. 17 (e) Requirements.--For purposes of this section, the octane 18 rating of a gasoline shall be considered to be certified, 19 displayed or represented: 20 (1) in the case of gasoline which consists of a blend of 21 two or more quantities of gasoline of differing octane 22 ratings, only if the rating certified, displayed or 23 represented is the average octane ratings of the quantities, 24 weighted by volume; or 25 (2) in the case of gasoline which does not consist of a 26 blend of two or more quantities of gasoline of differing 27 octane ratings, only if the octane rating certified, 28 displayed or represented is the same as the actual octane 29 rating of the gasoline. 30 Section 3. The act is amended by adding sections to read: 20030S0451B0468 - 5 -
1 Section 3.1. Powers and duties of department. 2 (a) Powers and duties.--The department shall have the power 3 and its duty shall be: 4 (1) To adopt regulations relating to petroleum product 5 quality, definitions, octane levels and additives, alcohol 6 content, technical specifications and sampling and testing, 7 consistent with standards established by the ASTM and 8 published in the latest ASTM annual book. All regulations 9 promulgated by the department under this act shall be subject 10 to the act of June 25, 1982 (P.L.633, No.181), known as the 11 Regulatory Review Act. 12 (2) To conduct random testing, inspection and sampling 13 of petroleum products kept, offered for sale or dispensed, or 14 in the process of delivery or transport and inspect all 15 documents and records necessary to enforce this act. 16 (3) Upon the complaint of a refiner, distributor, 17 consumer or retailer, to test or cause to be tested gasoline 18 on the premises of the person, firm or corporation alleged to 19 have violated this act. 20 (4) To enter into agreements as deemed appropriate to 21 enforce standards established under this act and to issue 22 off-sale, stop-use, stop-removal and hold orders. 23 (b) Right-of-entry.--The department shall have a right-of- 24 entry upon or access to any premises or property during normal 25 business hours to conduct tests, inspections or sampling 26 authorized under this act. 27 Section 3.2. Prohibitions. 28 (a) Incorrect octane number.--No person may sell, transfer, 29 offer for sale or dispense a grade of gasoline represented as 30 having a particular octane number or blend unless the gasoline 20030S0451B0468 - 6 -
1 in fact has the octane number or blend represented. 2 (b) Failure to meet standards.--No person may sell, offer 3 for sale or dispense gasoline or oxygenated fuel in this 4 Commonwealth which does not meet or exceed applicable standards 5 established under this act. 6 Section 4. Section 5 of the act is amended to read: 7 Section 5. Penalties. 8 [Any] (a) Misdemeanor.--A manufacturer, refiner, 9 distributor, retail service station dealer or other person who 10 fails to comply with the provisions of this act [after being 11 notified by the manufacturer under section 3, and a manufacturer 12 who fails to comply with the provisions of this act,] commits a 13 [summary offense] misdemeanor of the third degree and shall, 14 upon conviction, for the first offense, be sentenced to pay a 15 fine not exceeding [$100] $1,000 and, for a second and each 16 subsequent offense, be sentenced to pay a fine not exceeding 17 [$200.] $2,500. For purposes of this act, each sale or 18 distribution of gasoline in violation of this act shall 19 constitute a separate offense. 20 (b) Unfair trade practices.--A violation of this act shall 21 also constitute a violation of the act of December 17, 1968 22 (P.L.1224, No.387), known as the Unfair Trade Practices and 23 Consumer Protection Law, and shall be subject to the enforcement 24 provisions, civil penalties and private rights of action 25 contained in that act. 26 (c) Innocent seller exemption.--The department shall not 27 impose a civil penalty for a violation of this act if the 28 retailer labeled the dispensing system, storage tank or other 29 dispensing device in reasonable reliance on documentation 30 provided by the distributor, producer or refiner certifying the 20030S0451B0468 - 7 -
1 standards for automotive fuel rating. 2 (d) Innocent distributor exemption.--The department shall 3 not impose a civil penalty for a violation of this act if the 4 distributor acted in reasonable reliance on documentation 5 provided by the producer or refiner certifying the standards for 6 automotive fuel rating. 7 Section 5. The act is amended by adding a section to read: 8 Section 5.1. Disposition of funds. 9 Penalties collected under section 5, as well as moneys 10 derived from the imposition of any fees, shall be paid into a 11 special restricted account in the State Treasury, to be known as 12 the Automotive Fuel Testing Account, for use by the department 13 in administering the provisions of this act. All moneys placed 14 in the Automotive Fuel Testing Account under the provisions of 15 this section are hereby made available immediately and are 16 hereby specifically appropriated to the department for the 17 purposes specified in this act. 18 Section 6. The sum of $1,800,000, or as much thereof as may 19 be necessary, is hereby appropriated from the General Fund to 20 the Department of Agriculture to implement this act. 21 Section 7. This act shall take effect in 30 days. B20L12JS/20030S0451B0468 - 8 -