The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
|
H. B. No. 297 As Introduced
As Introduced
129th General Assembly | Regular Session | 2011-2012 |
| |
Representatives Weddington, Fende
Cosponsors:
Representatives Hagan, R., Foley, Antonio, Murray, Driehaus, Ashford, Patmon
A BILL
To amend section 1327.99, to enact new section
1327.70 and section 319.56, and to repeal section
1327.70 of the Revised Code to require the
Department of Agriculture to establish a motor
fuel quality testing program under which county
auditors may conduct such testing.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 1327.99 be amended and new section
1327.70 and section 319.56 of the Revised Code be enacted to read
as follows:
Sec. 319.56. (A) As used in this section, "motor fuel" has
the same meaning as in section 1327.70 of the Revised Code.
(B) In accordance with the motor fuel quality testing program
established under section 1327.70 of the Revised Code and rules
adopted under it, a county auditor, or a person who is designated
by the county auditor to act as a motor fuel inspector, may
inspect and test motor fuel that is sold in the auditor's county,
sediment from motor fuel pumps, and water in motor fuel storage
tanks that are located in the auditor's county. If a county
auditor or a person who is designated by the county auditor to act
as a motor fuel inspector inspects and tests motor fuel that is
sold in the auditor's county, sediment from motor fuel pumps, or
water in motor fuel storage tanks that are located in the
auditor's county, the auditor or the person who is designated to
act as a motor fuel inspector shall determine the frequency of
inspections of retailers that sell or offer for sale motor fuel in
the auditor's county. A county auditor may terminate motor fuel
testing in the auditor's county by sending written notice of the
termination to the director of agriculture.
Sec. 1327.70. (A) As used in this section:
(1) "Authorized testing equipment" means any type of testing
equipment that is authorized for use in the motor fuel quality
testing program in rules adopted under division (B) of this
section.
(2) "Diesel fuel" has the same meaning as in section 5735.01
of the Revised Code.
(3) "Motor fuel" means gasoline or diesel fuel that is sold
by a retailer.
(B) The director of agriculture shall establish a motor fuel
quality testing program. In establishing the program, the director
shall adopt rules in accordance with Chapter 119. of the Revised
Code that do all of the following:
(1)(a) Establish requirements that are modeled on the uniform
laws and regulations of the national institute of standards and
technology published in handbook 130 and that incorporate
standards for motor fuel based on standards developed by the
American society for testing and materials committee D02 on
petroleum products and lubricants;
(b) Specify the types of testing equipment that may be used
in the motor fuel quality testing program, which shall include
portable scanning devices.
(2) Authorize a county auditor, or a person who is designated
by the county auditor to act as a motor fuel inspector, to do any
or all of the following:
(a) Inspect and test motor fuel that is sold in the auditor's
county;
(b) Inspect each location at which a retailer sells or offers
for sale motor fuel in the auditor's county to determine whether
the retailer is in compliance with the program;
(c) Upon the county auditor's own initiative or upon a
complaint made by a person, inspect any location where a retailer
sells or offers for sale motor fuel;
(d) Determine the frequency of inspections of retailers that
sell or offer for sale motor fuel in the auditor's county;
(e) Terminate motor fuel testing in the auditor's county by
sending written notice of the termination to the director.
(3) Require a person who is designated by a county auditor to
act as a motor fuel inspector to successfully complete training
that is provided by the director, another state, an institution of
higher education that has received a certificate of authorization
from the Ohio board of regents under section 1713.02 of the
Revised Code, a state institution of higher education as defined
in section 3345.011 of the Revised Code, or a private firm that is
approved and monitored by the director;
(4) Require a retailer, upon the request of a county auditor
or a county auditor's designated inspector, immediately to provide
to the auditor or inspector, free of charge and in containers
provided by the auditor or inspector, an amount of motor fuel as
required by the auditor or inspector for testing. The rules shall
require that each motor fuel sample that is provided for purposes
of the motor fuel quality testing program be pumped by the county
auditor or the county auditor's designated inspector.
(5)(a) Require a county auditor or a county auditor's
designated inspector to test a sample that is provided in
accordance with rules adopted under division (B)(4) of this
section using authorized testing equipment to determine whether
the motor fuel complies with the standards established for motor
fuel by the American society for testing and materials committee
D02 on petroleum products and lubricants. In addition, the rules
shall require the auditor or inspector to provide the results of
the testing to the retailer.
(b) Specify that motor fuel is in compliance with standards
if it is within one octane point of the applicable octane
certification using authorized testing equipment or within
six-tenths of one octane point of the applicable octane
certification when tested by a certified laboratory.
(6)(a) Allow a retailer, if the results of the motor fuel
quality testing using authorized testing equipment indicate that
the motor fuel is not in compliance with the standards established
for octane certification, to challenge the results by immediately
submitting a written statement, on a form prescribed by the
director, to the county auditor or inspector before the auditor or
inspector leaves the retailer's location indicating that the
retailer disagrees with the results of the testing. The rules
shall require the county auditor or the designated inspector, if
the retailer challenges the results of the testing, to submit a
sample of the motor fuel, which shall be provided in accordance
with rules adopted under division (B)(6)(b) of this section, to a
laboratory that is certified by the American society for testing
and materials to determine whether the motor fuel is in compliance
with the standards.
(b) Require a retailer who challenges the results of the
motor fuel quality testing using authorized testing equipment
immediately to provide the auditor or inspector, free of charge
and in containers provided by the auditor or inspector, an
additional amount of motor fuel that is from the same fuel from
which the original sample was provided and that is necessary to
submit a sample of the motor fuel to a certified laboratory.
(7) Require a retailer to take actions to ensure that motor
fuel is brought into compliance with the standards established for
octane certification if the results of the motor fuel quality
testing conducted by a county auditor or a designated inspector
indicate that the motor fuel is not in compliance with the
standards and the retailer has not challenged the results that
were obtained using authorized testing equipment or if the results
of any testing conducted by a certified laboratory indicate that
the motor fuel is not in compliance with those standards;
(8) Require a county auditor or a designated inspector to
issue a warning to a retailer if the results of the motor fuel
quality testing indicate that the motor fuel is not in compliance
with the standards established for octane certification. In
addition, the rules shall require that not later than five days
after a test indicates that the motor fuel is not in compliance
with the standards for octane certification, a county auditor or a
designated inspector retest the motor fuel using a new sample
pumped from the same source from which the original sample of
motor fuel was obtained that was not in compliance with the
standards.
(9) Require county auditors to maintain records that are
determined necessary to ascertain compliance with this section and
the rules adopted under it. At a minimum, the rules shall require
a county auditor to retain, for not less than two years after the
date on which the results from motor fuel quality testing were
obtained, all records of testing that indicate that the motor fuel
was not in compliance with the standards established for octane
certification.
(10) Establish requirements and procedures under which the
director may examine records of county auditors to ascertain
compliance with this section and the rules adopted under it;
(11) Prescribe all forms that are necessary for the motor
fuel quality testing program;
(12)(a) Establish guidelines and standards in accordance with
which a county auditor may test sediment from the motor fuel pumps
and water in the motor fuel storage tanks of a retailer located in
the auditor's county. The guidelines and standards shall be
modeled on the uniform laws and regulations of the national
institute of standards and technology published in handbook 130.
The rules shall allow a county auditor to establish additional
guidelines and standards for the testing of water and sediment,
provided that the guidelines and standards do not conflict with
state or federal laws and regulations. Further, the rules shall
allow a county auditor to establish penalties for a violation of
the guidelines and standards established by the director or the
county auditor, if applicable.
(b) Authorize a county auditor or an inspector designated by
the auditor to test the sediment from the motor fuel pumps and
water in the motor fuel storage tanks of a retailer located in the
auditor's county;
(c) Require a retailer to allow an auditor or an auditor's
designated inspector to test the sediment from the retailer's
motor fuel pumps and water in the retailer's motor fuel storage
tanks upon the request of the auditor or designated inspector;
(d) Require a county auditor or a designated inspector to
issue a warning to a retailer if the results of the testing of
sediment from the motor fuel pumps or the testing of water in the
motor fuel storage tanks conducted by the auditor or inspector
indicate that the amount of sediment from a motor fuel pump or the
amount of water in a storage tank is not in compliance with the
guidelines and standards established in rules adopted under this
section. In addition, the rules shall require that not later than
five days after a test indicates that the amount of sediment from
a motor fuel pump or the amount of water in a storage tank is not
in compliance with the guidelines and standards, a county auditor
or a designated inspector retest the sediment or water from the
same motor fuel pump or in the same motor fuel storage tank.
(e) Require a retailer to take actions to ensure that the
motor fuel pump is brought into compliance with the guidelines or
standards established in rules adopted under this section if the
results of the sediment testing from the motor fuel pumps
conducted by the county auditor or the designated inspector
indicate that the amount of sediment from the motor fuel pump is
not in compliance with the guidelines and standards;
(f) Require a retailer to take actions to ensure that the
storage tank is brought into compliance with the guidelines or
standards established in rules adopted under this section if the
results of the water testing of the motor fuel storage tanks
conducted by the county auditor or the designated inspector
indicate that the storage tank is not in compliance with the
guidelines and standards.
(13) Establish other procedures, criteria, and requirements
that are necessary to implement or administer this section.
(C)(1) No retailer shall sell or offer for sale motor fuel
that fails to comply with the standards for motor fuel that are
established in rules adopted under this section.
(2) Notwithstanding any other section of the Revised Code
governing the crediting of money from fines, money that is
collected from fines pursuant to division (B) of section 1327.99
of the Revised Code as a result of a violation of division (C)(1)
of this section shall be credited to a special fund that shall be
created in the county in which the violation occurred. The county
auditor of that county shall use the money in the fund to
administer the motor fuel quality testing program in the county.
(D) A record of or document concerning test results is a
public record under section 149.43 of the Revised Code only if the
record or document substantiates a fine that is levied under
division (B) of section 1327.99 of the Revised Code.
Sec. 1327.99. (A) Whoever violates section 1327.54 or
division (A), (B), (C), or (D) of section 1327.61 of the Revised
Code is guilty of a misdemeanor of the second degree on a first
offense; on each subsequent offense within seven years after the
first offense, such person is guilty of a misdemeanor of the first
degree.
(B)(1) Whoever violates division (C)(1) of section 1327.70 of
the Revised Code shall be issued a warning. If the violator
challenges the results of authorized testing equipment under rules
adopted under that section and subsequent testing of the motor
fuel in a certified laboratory in accordance with those rules
indicates that the fuel violates the motor fuel standards
established in those rules, the violator shall pay an amount that
is equal to laboratory costs.
(2) A violator who commits a second offense within two years
after committing the first offense shall be fined two hundred
fifty dollars. If the violator challenges the results of
authorized testing equipment under rules adopted under section
1327.70 of the Revised Code and subsequent testing of the motor
fuel in a certified laboratory in accordance with those rules
indicates that the fuel violates the motor fuel standards
established in those rules, the violator also shall pay an amount
that is equal to laboratory costs.
(3) A violator who commits a third offense within two years
after committing the first offense shall be fined five hundred
dollars. If the violator challenges the results of authorized
testing equipment under rules adopted under section 1327.70 of the
Revised Code and subsequent testing of the motor fuel in a
certified laboratory in accordance with those rules indicates that
the fuel violates the motor fuel standards established in those
rules, the violator also shall pay an amount that is equal to
laboratory costs.
(4) A violator who commits a fourth offense within two years
after committing the first offense shall be fined one thousand
dollars. If the violator challenges the results of authorized
testing equipment under rules adopted under section 1327.70 of the
Revised Code and subsequent testing of the motor fuel in a
certified laboratory in accordance with those rules indicates that
the fuel violates the motor fuel standards established in those
rules, the violator also shall pay an amount that is equal to
laboratory costs.
(5) A violator who commits a fifth offense within two years
after committing the first offense shall be fined two thousand
dollars. If the violator challenges the results of authorized
testing equipment under rules adopted under section 1327.70 of the
Revised Code and subsequent testing of the motor fuel in a
certified laboratory in accordance with those rules indicates that
the fuel violates the motor fuel standards established in those
rules, the violator also shall pay an amount that is equal to
laboratory costs.
(6) A violator who commits a sixth or subsequent offense
within two years after committing the first offense shall be fined
an amount that is equal to twice the amount of the most recent
fine that was imposed on the violator. If the violator challenges
the results of authorized testing equipment under rules adopted
under section 1327.70 of the Revised Code and subsequent testing
of the motor fuel in a certified laboratory in accordance with
those rules indicates that the fuel violates the motor fuel
standards established in those rules, the violator also shall pay
an amount that is equal to laboratory costs.
(C) As used in division (B) of this section:
(1) "Authorized testing equipment" has the same meaning as in
section 1327.70 of the Revised Code.
(2) "Laboratory costs" means all costs associated with
testing the octane of a sample of motor fuel at a certified
laboratory for purposes of the motor fuel quality testing program
established under section 1327.70 of the Revised Code and rules
adopted under it. "Laboratory costs" includes, but is not limited
to, shipping costs of a sample of motor fuel, fees charged by a
certified laboratory for the testing of a sample of motor fuel,
taxes, and other similar costs.
Section 2. That existing section 1327.99 and section 1327.70
of the Revised Code are hereby repealed.
|
|