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Sub. H. B. No. 425As Passed by the House
As Passed by the House

124th General Assembly
Regular Session
2001-2002
Sub. H. B. No. 425


REPRESENTATIVES Reinhard, Faber, Grendell, Manning, Husted, Gilb, Core, Hagan, Womer Benjamin, Young, Webster, Cates, Fessler, Trakas, Carmichael, Buehrer, Clancy, Flowers, Perry, Damschroder, Lendrum, Seitz, Carey, Peterson, Seaver, Patton, Redfern, Allen, Ogg, D. Miller, Wilson, Cirelli, Coates, Roman, Barrett, Carano, Latell, Britton, McGregor, Aslanides, Hartnett, Collier, Boccieri, Otterman, Hoops, Hughes, Reidelbach, G. Smith, Widowfield, Salerno, Sulzer


A BILL
To enact section 3704.12 of the Revised Code to generally prohibit the sale of motor vehicle fuel containing methyl tertiary butyl ether (MTBE) in certain quantities.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 3704.12 of the Revised Code be enacted to read as follows:
Sec. 3704.12. (A) Subject to division (C) of this section, on or after July 1, 2005, no person shall sell or deliver to any distributor within this state, or import into this state for sale in this state, any motor vehicle fuel containing methyl tertiary butyl ether (MTBE) in quantities greater than one-half of one per cent by volume.
(B) The attorney general, upon the request of the director of environmental protection, shall commence an action for injunctive relief in any court of competent jurisdiction against any person violating or threatening to violate division (A) of this section. The court may grant temporary as well as permanent injunctive relief.
(C) The prohibitions of this section shall not operate unless the United States environmental protection agency grants a waiver allowing this state to control or prohibit the use of MTBE in motor vehicle fuels. The director of environmental protection shall apply for this waiver in a timely manner in order to obtain it before July 1, 2005.
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