2007 Montana Legislature

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HOUSE BILL NO. 318

INTRODUCED BY D. HIMMELBERGER

 

A BILL FOR AN ACT ENTITLED: "AN ACT ESTABLISHING A MINIMUM ANTIKNOCK INDEX OF 87 FOR GASOLINE SOLD IN MONTANA AS UNLEADED OR REGULAR UNLEADED; AND AMENDING SECTIONS 82-15-103 AND 82-15-110, MCA."

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

 

     Section 1.  Section 82-15-103, MCA, is amended to read:

     "82-15-103.  Standards and specifications for petroleum products. (1) The standards, and specifications, and official tests for petroleum products, including but not limited to gasoline, ethanol-blended gasoline, fuel oils, diesel fuel, kerosene, and liquefied petroleum gases, must be determined and established by the department by rule and, subject to the provisions of 82-15-121(1), must be based upon nationally recognized standards and specifications such as the standards and specifications that are published by the American society for testing and materials. The standards and specifications adopted by rule by the department are the standards and specifications for products sold in this state, and official tests of the products must be based upon the adopted standards and specifications.

     (2) The department may not adopt by rule a minimum antiknock index number of less than 87 for gasoline labeled as "unleaded" or "regular unleaded"."

 

     Section 2.  Section 82-15-110, MCA, is amended to read:

     "82-15-110.  Unlawful acts. It is unlawful to:

     (1)  use any meter or mechanical device for the measurement of gasoline or liquid fuels unless the meter or mechanical device has been approved by the department and sealed as correct;

     (2)  change or in any way tamper with the department's seal without written consent from the department;

     (3)  make delivery from petroleum vehicle tanks through a hose unless the tanks have been calibrated by the department under 82-15-108;

     (4)  sell or deliver liquefied petroleum to a consumer as a liquid or vapor except as provided by 82-15-109;

     (5)  sell or offer for sale or deliver liquefied petroleum to a consumer as a liquid or vapor, the measurement of which has not been temperature corrected to 60 degrees F by means of an automatic compensating device that has been approved, calibrated, and sealed by the department, unless otherwise provided by the department;

     (6)  sell, offer, or expose for sale any petroleum product for which standards or minimum specifications have been set by the department unless the fuel product meets in all respects the tests and standards prescribed;

     (7)  sell or offer or expose for sale any petroleum product that is adulterated, mislabeled, or misrepresented with respect to the use for which it is reasonably intended; or

     (8)  import into the state, store, distribute, sell, offer or expose for sale, or dispense any gasoline that contains methyl tertiary butyl ether in amounts that exceed the trace level or levels allowed by the rules adopted pursuant to 82-15-102(3)(a).; or

     (9) sell, offer, or expose for sale gasoline labeled as "unleaded" or "regular unleaded" that has a minimum antiknock index number that is less than 87."

- END -

 


Latest Version of HB 318 (HB0318.01)
Processed for the Web on January 12, 2007 (4:32pm)

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