Iowa Code § 214A.1

Current through March 29, 2024

Section 214A.1 - Definitions

The following definitions shall apply to the various terms used in this chapter:

1."Advertise" means to present a commercial message in any medium, including but not limited to print, radio, television, sign, display, label, tag, or articulation.

2."ASTM international" means a nonprofit organization, previously named the American society for testing and materials international.

3."B-20 biodiesel fuel" or "B-20" means a classification of biodiesel blended fuel formulated with a percentage of twenty percent by volume of biodiesel, if the formulation meets the standards provided in section 214A.2.

4."Biobutanol" means isobutyl or n-butyl alcohol that is to be blended with gasoline if it meets the standards provided in section 214A.2.

5."Biobutanol blended gasoline" means a formulation of gasoline which is a liquid petroleum product blended with biobutanol, if the formulation meets the standards provided in section 214A.2.

6."Biodiesel" means a renewable fuel comprised of mono-alkyl esters of long-chain fatty acids derived from vegetable oils or animal fats, which is manufactured by the use of a transesterification reaction, and which meets the standards provided in section 214A.2.

7."Biodiesel blended fuel" means a blend of biodiesel with petroleum-based diesel fuel which meets the standards, including separately the standard for its biodiesel component, provided in section 214A.2.

8."Biodiesel fuel" means biodiesel or biodiesel blended fuel.

9."Biofuel" means ethanol, biobutanol, or biodiesel.

10."Coprocess" means to simultaneously process a renewable biomass or a biointermediate with a fossil fuel or other nonrenewable feedstock in the same unit or units to produce a fuel that is partially derived from a renewable biomass or biointermediate.

11."Dealer" means a wholesale dealer or retail dealer.

12."Department" means the department of agriculture and land stewardship.

13."Determination period" means any twelve-month period beginning on January 1 and ending on December 31 in which a retail dealer who owns or operates a retail motor fuel site sells and dispenses gasoline or diesel fuel from that retail motor fuel site as calculated by the department of revenue in chapter 452A, subchapter II.

14."Diesel fuel" means any liquid, other than gasoline, which is suitable for use as a fuel in a diesel fuel powered engine, including but not limited to a motor vehicle, equipment as defined in section 322F.1, or a train. Diesel fuel includes a liquid product prepared, advertised, offered for sale, or sold for use as, or commonly and commercially used as, motor fuel for use in an internal combustion engine and ignited by pressure without the presence of an electric spark. Diesel fuel must meet the standards provided in section 214A.2.

15."Distributor" means the same as defined in section 452A.2.

16."E-15 gasoline" or "E-15" means a classification of ethanol blended gasoline formulated with a percentage of fifteen percent by volume of ethanol, if the formulation meets the standards provided in section 214A.2.

17."E-85 gasoline" or "E-85" means ethanol blended gasoline formulated with a percentage of between sixty-eight and eighty-three percent by volume of ethanol, if the formulation excludes a denaturant, and which meets the standards provided in section 214A.2.

18."Ethanol" means ethyl alcohol that is to be blended with gasoline if it meets the standards provided in section 214A.2.

19."Ethanol blended gasoline" means a formulation of gasoline which is a liquid petroleum product blended with ethanol, if the formulation meets the standards provided in section 214A.2.

20."Gasoline" means any liquid product prepared, advertised, offered for sale or sold for use as, or commonly and commercially used as, motor fuel for use in a spark-ignition, internal combustion engine, and which meets the specifications provided in section 214A.2.

21."Gasoline dispenser" means a type of motor fuel dispenser that is part of gasoline storage and dispensing infrastructure.

22."Gasoline storage and dispensing infrastructure" or "gasoline infrastructure" means motor fuel storage and dispensing infrastructure used to do any of the following:

a. Store and dispense gasoline, including ethanol blended gasoline or biobutanol blended gasoline.

b. Store, blend, and dispense gasoline, including ethanol blended gasoline or biobutanol blended gasoline.

23."Gasoline storage tank" means a type of motor fuel storage tank used to store an accumulation of gasoline.

24."Marketer" means a dealer, distributor, nonrefiner biofuel manufacturer, or supplier.

25."Motor fuel" means a substance or combination of substances which is intended to be or is capable of being used for the purpose of operating an internal combustion engine, including but not limited to a motor vehicle, and is kept for sale or sold for that purpose.

26."Motor fuel dispenser" or "dispenser" means the same as defined in section 214.1.

27."Motor fuel pump" and "motor fuel blender pump" or "blender pump" means the same as defined in section 214.1.

28."Motor fuel storage and dispensing infrastructure" or "infrastructure" means the same as defined in section 214.1.

29."Motor fuel storage tank" means the same as defined in section 214.1.

30."MTBE" means methyl tertiary butyl ether.

31."Nonrefiner biofuel manufacturer" means the same as defined in section 452A.2.

32."Oxygenate" means oxygen-containing compounds, including but not limited to alcohols, ethers, or ethanol.

33."Pipeline company" means the same as defined in section 479B.2.

34."Refiner" means a person engaged in the refining of crude oil to produce motor fuel, and includes any affiliate of such person.

35.

a."Renewable diesel" means a motor fuel for use in an internal combustion engine and ignited by pressure without the presence of an electric spark, which is produced from nonfossil renewable resources, including agricultural plants, animal fats, residue, and waste generated from the production, processing, and marketing of agricultural products, and other renewable resources.

b."Renewable diesel" must meet the standards provided in section 214A.2.

c."Renewable diesel" does not include any of the following:

(1) Biodiesel.

(2) A fuel that has been coprocessed.

36."Renewable diesel blended fuel" means a blend of renewable diesel with petroleum-based diesel fuel, biodiesel, or a combination of petroleum-based diesel fuel and biodiesel, which meets the standards, including separately the standard for its renewable diesel component, provided in section 214A.2.

37."Renewable fuel" means a combustible liquid derived from grain starch, oilseed, animal fat, or other biomass; or produced from a biogas source, including any nonfossilized decaying organic matter which is capable of powering machinery, including but not limited to an engine or power plant. Renewable fuel includes but is not limited to biofuel, ethanol blended gasoline, biobutanol blended gasoline, or biodiesel blended fuel meeting the standards provided in section 214A.2.

38."Retail dealer" means a person engaged in the business of storing and dispensing motor fuel from a motor fuel pump for sale on a retail basis, regardless of whether the motor fuel pump is located at a retail motor fuel site including a permanent or mobile location.

39."Retail motor fuel site" means a geographic location in this state where a retail dealer sells and dispenses motor fuel on a retail basis.

40."Sell" means to sell or to offer for sale.

41."Standard ethanol blended gasoline" means ethanol blended gasoline for use in gasoline-powered vehicles not required to be flexible fuel vehicles, that meets the requirements of section 214A.2.

42."Supplier" means the same as defined in section 452A.2.

43."Terminal" means the same as defined in section 452A.2.

44."Terminal operator" means the same as defined in section 452A.2.

45."Terminal owner" means the same as defined in section 452A.2.

46."Unleaded gasoline" means gasoline, including ethanol blended gasoline or biobutanol blended gasoline, if all of the following applies:

a. It has an octane number of not less than eighty-seven as provided in section 214A.2.

b. Lead or phosphorus compounds have not been intentionally added to it.

c. It does not contain more than thirteen thousandths grams of lead per liter and not more than thirteen ten-thousandths grams of phosphorus per liter.

47."Wholesale dealer" means a person, other than a retail dealer, who operates a place of business where motor fuel is stored and dispensed for sale in this state, including a permanent or mobile location.

Iowa Code § 214A.1

85 Acts, ch 76, §1; 86 Acts, ch 1146, §1; 86 Acts, ch 1245, §644; 89 Acts, ch 75, §1; 2000 Acts, ch 1224, §27; 2004 Acts, ch 1086, §106; 2006 Acts, ch 1142, §3-5, 83; 2008 Acts, ch 1169, §14 - 16, 30; 2010 Acts, ch 1031, § 245, 246; 2013 Acts, ch 15, §3; 2013 Acts, ch 90, § 40; 2013 Acts, ch 127, §2; 2014 Acts, ch 1104, §6-8; 2015 Acts, ch 103, § 20; 2019 Acts, ch 128, §6; 2022 Acts, ch 1067, § 14; 2022 Acts, ch 1152, § 12; 2023 Acts, ch 154, §27, 28

Amended by 2023 Iowa, ch 154, s 28, eff. 7/1/2023.

Amended by 2023 Iowa, ch 154, s 27, eff. 7/1/2023.

Amended by 2022 Iowa, ch 1152, s 12, eff. 7/1/2022.

Amended by 2022 Iowa, ch 1067, s 14, eff. 7/1/2022.

Amended by 2019 Iowa, ch 128, s 6, eff. 7/1/2019.

Amended by 2015 Iowa, ch 103,s 20, eff. 7/1/2015.

Amended by 2014 Iowa, ch 1104, s 8, eff. 7/1/2014.

Amended by 2014 Iowa, ch 1104, s 7, eff. 7/1/2014.

Amended by 2014 Iowa, ch 1104, s 6, eff. 7/1/2014.

Amended by 2013 Iowa, ch 127, s 2, eff. 7/1/2013.

Amended by 2013 Iowa, ch 90, s 40, eff. 7/1/2013.

Amended by 2013 Iowa, ch 15, s 3, eff. 7/1/2013.

C31, 35, §5093-d1; C39, §5095.01; C46, 50, 54, 58, 62, 66, 71, § 323.1; C73, 75, 77, 79, 81, §214A.1
85 Acts, ch 76, §1; 86 Acts, ch 1146, §1; 86 Acts, ch 1245, §644; 89 Acts, ch 75, §1; 2000 Acts, ch 1224, §27; 2004 Acts, ch 1086, §106; 2006 Acts, ch 1142, §3 - 5, 83; 2008 Acts, ch 1169, §14 - 16, 30; 2010 Acts, ch 1031, §245, 246

Referred to in §8A.360, 159A.2, 159A.3, 159A.11, 203.1, 214.1, 260C.19A, 279.34, 307.20, 323.1, 323A.1, 331.908, 364.20, 422.11O, 422.11P, 422.11Y, 423.3, 452A.2, 452A.6, 452A.32, 455G.30, 714.7D

Further definitions, see §189.1

Subsection 2 amended

NEW subsection 10 and former subsections 10 - 33 renumbered as 11 - 34

NEW subsections 35 and 36 and former subsections 34 - 44 renumbered as 37 - 47