CHAPTER 202
(SB 39)
Biodiesel fuels testing, quality and labeling.
ENTITLED, An Act to
revise certain provisions regarding petroleum and motor fuels testing,
quality, and labeling.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section
1.
That
§
37-2-5
be amended to read as follows:
37-2-5.
Terms used throughout §§ 37-2-5 to 37-2-24, inclusive, mean:
(1)
"Alcohol," a colorless volatile flammable liquid containing no more than 1.25 percent
of water used for the purpose of blending or mixing with gasoline for use in motor
vehicles and commonly known as alcohol, ethanol or methanol;
(2)
"ASTM," the American Society for Testing and Materials;
(3)
"Aviation gasoline," a volatile hydrocarbon fuel free from suspended water and
sediment matter and that is suitable for use as a fuel in an
aviation spark ignition
internal combustion engine designed for use in an aircraft;
(3A) "Biodiesel," a fuel comprised of mono-alkyl esters of long chain fatty acids derived
from vegetable oils or animal fats, designated B100, and meeting the requirements of
the American Society of Testing and Materials D 6751 as of January 1, 2005, and is
registered with the United States Environmental Protection Agency as a fuel and fuel
additive under section 211(b) of the Clean Air Act in effect on January 1, 2006;
(3B) "Biodiesel blend," a special blended fuel comprised of at least two percent by volume
of biodiesel blended with petroleum-based diesel fuel, designated BXX. In the
abbreviation BXX, the XX represents the volume percentage of biodiesel fuel in the
blend;
(4)
"Department," the Department of Public Safety;
(5)
"Diesel fuel," a
refined middle distillate
hydrocarbon fuel free from suspended water
and sediment matter that is suitable for use as a fuel in a
diesel
compression-ignition
(diesel) internal combustion
engine;
(5A)
"Ether," methyl tertiary butyl ether;
(6)
"Flash test" and "flash point," the flash point as determined by the method of the
American Society for Testing Materials, using the instrument known as the Tagliabue
closed cup tester;
(7)
"Gasoline," a volatile hydrocarbon fuel free from suspended water and sediment matter
that is practicable and suitable used as fuel in a spark ignition internal combustion
engine;
(8)
"Inspector," the secretary of the Department of Public Safety or any deputy or assistant
appointed by the secretary for the purpose of enforcing the provisions of this chapter;
(9)
"Kerosene," a hydrocarbon fuel intended for use in heating and illumination and having
an American Petroleum Institute gravity of not less than forty degrees. Kerosene shall
also include coal oil and burner oil;
(9A) "NIST," the National Institute of Standards and Technology;
(10)
"Petroleum products," gasoline, alcohol blended fuels, kerosene, diesel fuel, aviation
gasoline, burner oil, naphtha and lubricating oils.
Section
2.
That
§
37-2-6
be amended to read as follows:
37-2-6.
The secretary of the Department of Public Safety may, pursuant to chapter 1-26, and
in general conformity with ASTM
and NIST
standards
in effect on January 1, 2005
, promulgate
rules:
(1)
Establishing standards for the maximum volume percentages of ethanol, methanol,
ether, and cosolvents in alcohol blended fuels;
(2)
Establishing a program for and prescribing the methods to be used for the inspection
and testing of alcohol blended fuels
and
,
petroleum products
, biodiesel, and biodiesel
blends
;
(3)
Requiring labeling of devices dispensing alcohol blended fuels
, biodiesel, and biodiesel
blends
;
(4)
Establishing standards setting the specifications and tolerance requirements for
petroleum products
, biodiesel, and biodiesel blends
; and
(5)
Regulating the filtering system to be used on devices dispensing alcohol blended fuels.
Section
3.
That
§
37-2-7
be amended to read as follows:
37-2-7.
Specifications and methods for the examination and test of petroleum products shall
be jointly determined by the Division of Commercial Inspection and Licensing and the director of
laboratories
the State Health Laboratory
and shall be based upon
nationally recognized
standards
from the American Society for Testing and Materials and the National Institute for Standards and
Technology as of January 1, 2005
.
When so determined, and
If
adopted
and published
as rules
and
regulations
of the division in accordance with the provisions of chapter 1-26,
such
the
specifications shall be the specifications for such petroleum products sold in this state and official
tests of
such
the
petroleum products shall be based upon test specifications so determined, adopted,
and promulgated.
Section
4.
That
§
37-2-8
be amended to read as follows:
37-2-8.
The director of
laboratories
the State Health Laboratory, or other qualified laboratory,
shall make
such
an
analysis as may be requested by the secretary of the Department of Public
Safety. Distillation tests shall be made in accordance with the methods for
such
the
tests adopted
by the American Society for Testing
and
Materials.
Section
5.
That
§
37-2-23
be repealed.
Signed February 21, 2006