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        PRIOR PRINTER'S NOS. 770, 1976                PRINTER'S NO. 2133

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 684 Session of 2007


        INTRODUCED BY MARKOSEK, CARROLL, LONGIETTI, PAYTON, WAGNER,
           BENNINGTON, CALTAGIRONE, FABRIZIO, FRANKEL, FREEMAN, GEIST,
           GIBBONS, HENNESSEY, JAMES, JOSEPHS, KORTZ, KOTIK, LEVDANSKY,
           MAHONEY, MANN, MYERS, PICKETT, PRESTON, SABATINA, SANTONI,
           STAIRS, SURRA, TANGRETTI, THOMAS, WALKO, WATSON, KULA,
           HORNAMAN, SIPTROTH, RAMALEY, SCAVELLO, COSTA, MAHER, GERGELY,
           GRUCELA, GOODMAN AND PAYNE, MARCH 9, 2007

        AS RE-REPORTED FROM COMMITTEE ON TRANSPORTATION, HOUSE OF
           REPRESENTATIVES, AS AMENDED, JUNE 27, 2007

                                     AN ACT

     1  Providing for the establishment of an automotive fuel testing
     2     and disclosure program, for standards for automotive fuel and
     3     for inspection, sampling and testing of automotive fuel;
     4     imposing powers and conferring duties on the Department of
     5     Agriculture; ESTABLISHING THE OCTANE TESTING ACCOUNT; and      <--
     6     providing for penalties.

     7     The General Assembly of the Commonwealth of Pennsylvania
     8  hereby enacts as follows:
     9  Section 1.  Short title.
    10     This act shall be known and may be cited as the Automotive
    11  Fuel Testing Act.
    12  Section 2.  Definitions.
    13     The following words and phrases when used in this act shall
    14  have the meanings given to them in this section unless the
    15  context clearly indicates otherwise:
    16     "American Society for Testing and Materials" or "ASTM."  An
    17  organization which develops quality standards and test methods

     1  for petroleum products.
     2     "Antiknock characteristics."  The number assigned to an
     3  automotive fuel which designates the antiknock quality of such
     4  fuel.
     5     "Antiknock quality."  The distinctive properties or
     6  components of a grade or type of automotive fuel which enhance
     7  the performance of such fuel.
     8     "Automotive fuel."  A liquid fuel of a type distributed for
     9  use as a fuel in any motor vehicle. The term shall include, but
    10  is not limited to:
    11         (1)  Automotive spark-ignition engine fuel, which
    12     includes, but is not limited to:
    13             (i)  Gasoline.
    14             (ii)  Gasohol, a mixture of unleaded gasoline and at
    15         least 10% denatured ethanol.
    16             (iii)  Fuels developed to comply with the Clean Air
    17         Act (Public Law 95-95, 42 U.S.C. § 7401 et seq.), such as
    18         reformulated gasoline and oxygenated gasoline.
    19         (2)  Alternative liquid automotive fuels, including, but
    20     not limited to:
    21             (i)  Methanol, denatured ethanol and other alcohols.
    22             (ii)  Mixtures of gasoline containing 85% or more by
    23         volume of methanol, denatured ethanol and other alcohols.
    24     "Automotive fuel rating."  For automotive spark-ignition
    25  engine fuel, the octane rating or, for alternative liquid
    26  automotive fuel, the commonly used name of the fuel with a
    27  disclosure of the amount, expressed as a minimum percent by
    28  volume, of the principal components of the fuel.
    29     "Consumer."  A person who purchases automotive fuel for
    30  purposes other than resale.
    20070H0684B2133                  - 2 -     

     1     "Department."  The Department of Agriculture of the
     2  Commonwealth.
     3     "Dispenser" or "dispensing system."  A device designed to
     4  measure and deliver automotive fuel into the fuel supply tank of
     5  a motor vehicle.
     6     "Distributor."  A person who receives automotive fuel in this
     7  Commonwealth for storage and subsequent distribution to another
     8  person other than the consumer.
     9     "EPA."  The United States Environmental Protection Agency.
    10     "FTC."  The United States Federal Trade Commission.
    11     "Fueling dispensers."  Individual fueling points, recognized
    12  by price and/or volume displays for the devices' points of sale.
    13     "Load rack terminals."  A location where the commercial
    14  transfer of petroleum products at the wholesale level is
    15  conducted utilizing meters employed in the measurement of
    16  product delivered to the seller by the buyer.
    17     "Octane rating" or "octane number."  The rating of the
    18  antiknock characteristics of a grade or type of automotive fuel,
    19  as determined by dividing by two the sum of the research octane
    20  number plus the motor octane number, unless another procedure is
    21  determined by the Department of Agriculture to be more
    22  appropriate for the purposes of this act.
    23     "Oxygenate."  A substance which, when added to gasoline,
    24  increases the amount of oxygen in that gasoline blend.
    25     "Oxygenate blender."  A person who owns, leases, operates,
    26  controls or supervises an oxygenate blending facility.
    27     "Oxygenate blending facility."  A refinery, bulk terminal,
    28  bulk plant, other facility or truck or another place at which
    29  oxygenated gasoline is produced.
    30     "Oxygenated gasoline."  Gasoline which contains at least 2%
    20070H0684B2133                  - 3 -     

     1  oxygen by weight.
     2     "Person."  A natural person, corporation, partnership,
     3  association or other legal entity.
     4     "Producer."  A person who purchases component elements and
     5  blends them to produce automotive fuel.
     6     "Refiner."  A person engaged in the manufacture, production
     7  or importation of automotive fuel.
     8     "Reformulated gasoline."  Any gasoline which is certified by
     9  the Environmental Protection Agency as complying with the
    10  requirements of section 211 of the Clean Air Act (Public Law 95-
    11  95, 42 U.S.C. § 7401 et seq.) and any regulations promulgated
    12  pursuant to the Clean Air Act.
    13     "Research octane number" and "motor octane number."  The
    14  terms shall have the meanings given these terms in the
    15  specifications of the American Society for Testing and Materials
    16  entitled "Standard Specifications for Automotive Spark Ignition
    17  Engine Fuel," designated D4814, and, with respect to any grade
    18  or type of automotive fuel, are determined in accordance with
    19  the test methods set forth in American Society for Testing and
    20  Materials standard test methods, designated D2699, "Standard
    21  Test Method for Knock Characteristics of Motor Fuels by the
    22  Research Method," and ASTM D2700, "Standard Test Method for
    23  Knock Characteristics of Motor and Aviation Fuels by the Motor
    24  Method."
    25     "Retailer."  A person who sells automotive fuel to the
    26  consumer.
    27     "Secretary."  The Secretary of Agriculture of the
    28  Commonwealth.
    29  Section 3.  Automotive Fuel Testing and Disclosure Program.
    30     (a)  Establishment.--The department shall establish and
    20070H0684B2133                  - 4 -     

     1  implement the Automotive Fuel Testing and Disclosure Program.
     2     (b)  Program requirements.--The Automotive Fuel Testing and
     3  Disclosure Program shall provide for the testing of automotive
     4  fuel on a random, unannounced basis and otherwise as determined
     5  necessary by the department.
     6     (c)  Duties of department.--The department shall enforce the
     7  provisions of this act and shall:
     8         (1)  Appoint or employ such inspectors as may be
     9     necessary to carry out the provisions of this act.
    10         (2)  Take samples of automotive fuel wherever it is
    11     processed, produced, blended, held, stored, imported,
    12     transferred, offered or exposed for sale or use or sold in
    13     this Commonwealth. The samples shall be taken in accordance
    14     with procedures and standards prescribed by ASTM.
    15         (3)  Inspect and test automotive fuel samples in
    16     accordance with the methods of the ASTM or other test methods
    17     adopted by the FTC pursuant to the Petroleum Marketing
    18     Practices Act (Public Law 95-297, 15 U.S.C. § 2801 et seq.)
    19     or by regulation of the department to determine whether such
    20     automotive fuel complies with the requirements of this act.
    21         (4)  Maintain records of all inspections.
    22         (5)  Inspect and test samples submitted to the department
    23     by a distributor or retailer. The department may by
    24     regulation establish and collect fees from any distributor or
    25     retailer who submits automotive fuel samples to the
    26     department for testing.
    27         (6)  Inspect the labeling of automotive fuel dispensers
    28     and storage tanks at retail businesses or locations where
    29     such products are sold or offered or exposed for sale or use.
    30         (7)  Enter into contractual agreements with qualified
    20070H0684B2133                  - 5 -     

     1     laboratories for the purpose of analyzing automotive fuel
     2     samples.
     3         (8)  Promulgate such regulations as necessary for the
     4     enforcement and administration of this act.
     5     (d)  Sealers of weight and measures.--The department may
     6  enter into agreements with any city or county for which a sealer
     7  has been appointed for the enforcement of provisions of this act
     8  and rules or regulations promulgated under this act. The sealer
     9  of a city or county shall have the same authority and shall
    10  perform the same duties within the city or county as are granted
    11  to and imposed upon the department with respect to the
    12  inspection, testing and taking of automotive fuel samples.
    13  Section 4.  Standards for automotive fuel.
    14     (a)  Adoption of standards.--The department shall adopt
    15  standards for automotive spark-ignition engine fuels. The
    16  department shall adopt the latest standards of the ASTM or other
    17  standards as determined by the FTC.
    18     (b)  Automotive fuel.--Gasoline sold, offered or exposed for
    19  sale, stored or held for distribution in this Commonwealth shall
    20  comply with ASTM specification D4814 and with the volatility
    21  requirements promulgated by the EPA under 40 CFR Part 80 PT. 80   <--
    22  (RELATING TO REGULATION OF FUELS AND FUEL ADDITIVES). Gasoline
    23  may be blended with an agriculturally derived ethanol or with a
    24  detergent additive, antiknock additive or any other additive
    25  approved and registered by the EPA. After gasoline is sold,
    26  transferred or otherwise removed from a refinery, the gasoline
    27  shall not be sold, offered or exposed for sale or stored or held
    28  for distribution to a consumer in this Commonwealth if it has
    29  been:
    30         (1)  Blended with any other petroleum product which is
    20070H0684B2133                  - 6 -     

     1     not gasoline unless the blended product conforms with ASTM
     2     standards.
     3         (2)  Blended with products commonly and commercially
     4     known as casinghead gasoline, absorption gasoline,
     5     condensation gasoline, drip gasoline or natural gasoline.
     6         (3)  Blended with any contaminant.
     7     (c)  Records and audits.--Each distributor, producer or
     8  retailer who distributes, produces, transports, stores, sells or
     9  offers or exposes for sale automotive fuel in this Commonwealth
    10  shall maintain for one year original copies of all bills,
    11  manifests, delivery tickets, invoices and any other information
    12  the department may by regulation require for the purpose of
    13  audits by the department.
    14  Section 5.  Automotive fuel rating; disclosure and labeling
    15                 requirements.
    16     (a)  Disclosure requirements.--Each distributor, producer or
    17  refiner who sells or offers or exposes for sale, delivers,
    18  distributes or produces automotive fuel in this Commonwealth
    19  shall provide, at the time of delivery, a bill, shipping
    20  manifest or other type of written invoice to the person who
    21  receives the automotive fuel. The bill, shipping manifest or
    22  other written invoice shall state the automotive fuel rating.
    23     (b)  Posting and labeling requirements.--Each retailer of
    24  automotive fuel in this Commonwealth shall label in a clear and
    25  conspicuous manner each automotive fuel dispenser which is used
    26  to sell or offer or expose for sale automotive fuel, with the
    27  automotive fuel rating of such fuel, which shall be consistent
    28  with the automotive fuel rating certified to such retailer by
    29  the refiner or distributor, as the case may be. In the case of
    30  gasoline which is blended with other gasoline by the retailer,
    20070H0684B2133                  - 7 -     

     1  the automotive fuel rating shall be the average, weighted by
     2  volume, of the octane rating certified to the retailer by the
     3  distributor or refiner for each gasoline in the blend, or
     4  consistent with the lowest octane rating for any gasoline in the
     5  blend as certified to the retailer by a refiner or distributor.
     6     (c)  Oxygenated gasoline labeling requirements.--Whenever
     7  oxygenated gasoline is sold, a person who sells or offers or
     8  exposes such gasoline for sale shall clearly and conspicuously
     9  label the dispenser which is used to sell oxygenated gasoline at
    10  retail or to dispense oxygenated gasoline into the fuel supply
    11  tanks of motor vehicles with a notice stating that the gasoline
    12  is oxygenated and will reduce the carbon monoxide emissions from
    13  the motor vehicle.
    14     (d)  Reformulated gasoline labeling requirements.--Whenever
    15  reformulated gasoline is required to be sold, a person who sells
    16  or offers or exposes such gasoline for sale shall clearly and
    17  conspicuously label the dispenser which is used to sell
    18  reformulated gasoline at retail or to dispense reformulated
    19  gasoline into the fuel supply tanks of motor vehicles with a
    20  notice stating that the gasoline is reformulated.
    21     (e)  Representation of antiknock characteristics of
    22  automotive fuel.--No distributor of automotive fuel in this
    23  Commonwealth shall make any representation of the antiknock
    24  characteristics of automotive fuel unless the representation
    25  discloses the minimum antiknock index requirements of the fuel
    26  as adopted by the National Conference of Weights and Measures
    27  and published in Handbook 130, and supplements thereto, or in
    28  any publication revising or superseding Handbook 130.
    29     (f)  Storage tank labels; retail locations.--Each retailer of
    30  automotive fuel shall attach an identification device on the
    20070H0684B2133                  - 8 -     

     1  inlet end of the fill pipe of an automotive fuel storage tank at
     2  retail locations where automotive fuel is sold or offered or
     3  exposed for sale. The identification device shall clearly
     4  display the automotive fuel rating of the automotive fuel held
     5  in the storage tank. The automotive fuel rating displayed on the
     6  identification device shall be consistent with the automotive
     7  fuel rating displayed on the dispensing system through which the
     8  fuel is dispensed.
     9     (g)  Labeling tolerance.--In accordance with specifications
    10  of the ASTM entitled "Specifications for Automotive Spark
    11  Ignition-Engine Fuel," designated D4814, in the case of
    12  gasoline, tolerance allowed shall be limited to 0.7 for 87
    13  octane and under and 0.6 for all other octane grades.
    14     (h)  Federal regulations.--All regulations and supplements
    15  thereto or revisions thereof adopted by the FTC pursuant to the
    16  Petroleum Marketing Practices Act (Public Law 95-297, 15 U.S.C.
    17  § 2801 et seq.) to govern the certification, disclosure, posting
    18  and labeling of automotive fuel before, on or after the
    19  effective date of this act are hereby adopted as regulations in
    20  this Commonwealth and shall remain in effect unless subsequently
    21  modified by regulations promulgated by the department.
    22  Section 6.  Investigations.
    23     (a)  General rule.--The department may conduct investigations
    24  to determine compliance with this act or any regulation
    25  promulgated pursuant to this act. Inspections shall be performed
    26  during normal business hours and shall include the collection
    27  and removal of samples for laboratory testing.
    28     (b)  Entry upon premises.--The department shall have the
    29  right of access to the premises and records of any establishment
    30  where automotive fuel is stored, held, processed, distributed,
    20070H0684B2133                  - 9 -     

     1  offered or exposed for sale or sold in this Commonwealth to:
     2         (1)  Inspect the automotive fuel in storage tanks and
     3     take samples from such tanks and the dispensing system
     4     connected to the storage tanks. The retailer or distributor
     5     may request a second sample to be taken by the inspector at
     6     the same time the initial sample is drawn. All costs of the
     7     second sample shall be paid by the retailer or distributor,
     8     as the case may be, making the request. If the request for a
     9     second sample is made by the retailer in accordance with
    10     procedures established through an agreement with the
    11     distributor, producer or refiner, all costs of drawing,
    12     handling and shipping the sample shall be borne by the
    13     distributor, producer or refiner who supplied the automotive
    14     fuel to the retailer. If the request for a second sample is
    15     made by the distributor in accordance with procedures
    16     established through an agreement with the producer or
    17     refiner, all costs of drawing, handling and shipping the
    18     sample shall be borne by the producer or refiner who supplied
    19     the automotive fuel to the distributor.
    20         (2)  Inspect automotive fuel dispensing systems and
    21     related equipment, oxygenate labels, reformulated labels and
    22     octane labels.
    23         (3)  Audit and make copies of automotive fuel shipping,
    24     receiving and invoice documents and records to determine
    25     compliance with sections 4 and 5.
    26  The department shall limit such inspections, auditing and
    27  copying to information and data relating to product quantity,
    28  quality, oxygen content, octane, source and other information as
    29  may be reasonably requested.
    30     (c)  Remedies.--Whenever the department determines that an
    20070H0684B2133                 - 10 -     

     1  automotive fuel sample does not conform with the standards set
     2  forth in section 4 or that a label displayed on a dispensing
     3  system, storage tank or other dispensing device does not conform
     4  with the requirements of section 5, the department may initiate
     5  any or all of the following actions to prohibit sale of the
     6  nonconforming automotive fuel or to prohibit the use of the
     7  nonconforming dispensing system, storage tank or other
     8  dispensing device:
     9         (1)  Reject and mark as rejected the dispensing system,
    10     storage tank or other dispensing device from which the sample
    11     was obtained or on which the nonconforming label is attached.
    12         (2)  Seal and mark as sealed the storage tanks from which
    13     the sample was drawn or the nonconforming label attached.
    14         (3)  Initiate criminal proceedings under section 7(d).
    15         (4)  Issue a citation.
    16         (5)  Issue a stop sale notice under subsection (d).
    17         (6)  Advise the retailer or distributor that the
    18     automotive fuel must be blended with another automotive fuel
    19     to bring it into compliance, provided that the product does
    20     not endanger public health or safety or adversely affect the
    21     emissions characteristics of the motor vehicles in which it
    22     is used.
    23         (7)  Issue a written warning directing the retailer or
    24     distributor to correct the nonconforming label.
    25     (d)  Stop sale notice.--The department shall have the
    26  authority to immediately seize and seal, in order to prevent
    27  further sales, any dispensing system, storage tank or other
    28  dispensing device from which automotive fuel is sold or offered
    29  or exposed for sale in violation of the provisions of this act
    30  and to issue a stop sale notice to the retailer or distributor,
    20070H0684B2133                 - 11 -     

     1  if the department has reason to believe the retailer or
     2  distributor willfully or intentionally violated this act or the
     3  regulations promulgated in accordance with this act. Any
     4  automotive fuel subject to a stop sale notice shall not be sold
     5  or exposed or offered for sale or transported unless the
     6  retailer or distributor has received approval from the
     7  department. Automotive fuel which has been seized and sealed by
     8  the department for violation of section 4 or 5 shall not be
     9  offered or exposed for sale until the department has been fully
    10  satisfied that the automotive fuel has been blended or refined
    11  or properly labeled to meet the requirements of this act, and
    12  the retailer or distributor has been notified of the
    13  department's decision to permit the sale or relabeling of the
    14  fuel.
    15     (e)  Posting of stop sale notice.--The department shall cause
    16  to be posted in a conspicuous place on the premises where a
    17  dispensing system, storage tank or other dispensing device has
    18  been sealed a notice stating that sealing has taken place and
    19  giving warning that it shall be unlawful to break, mutilate or
    20  destroy the seal or to remove the contents of the dispensing
    21  system, storage tank or other dispensing device without the
    22  approval of the department.
    23     (f)  Notice required to remove seal.--Any retailer,
    24  distributor or producer who owns an automotive fuel dispensing
    25  system, storage tank or other dispensing device which has been
    26  sealed by the department shall obtain the approval of the
    27  department before the fuel is removed or a proper label
    28  attached. A written notice of any corrective action taken shall
    29  be submitted to the department within three working days. The
    30  department may reinspect the automotive fuel dispensing system,
    20070H0684B2133                 - 12 -     

     1  storage tank or other dispensing device to determine compliance.
     2  The retailer, distributor, producer or refiner who owns the
     3  system or device which has been sealed shall provide
     4  documentation of the corrective action taken, including any
     5  applicable shipping papers or bills of lading showing the
     6  disposal or final disposition of the automotive fuel and such
     7  other information necessary to permit the department to audit
     8  and confirm that the corrective action was as previously
     9  approved by the department. A retailer, distributor, producer or
    10  refiner shall not remove a seal except when given specific
    11  approval by the department.
    12  Section 7.  Violations and penalties.
    13     (a)  Retail violations.--The department may assess a civil
    14  penalty of not more than $5,000 upon a retailer who sells or
    15  offers or exposes for sale automotive fuel from any dispensing
    16  system, storage tank or other dispensing device which has not
    17  been labeled in accordance with the provisions of this act, or
    18  who sells or offers or exposes for sale any automotive fuel
    19  which does not meet the required standards for automotive fuel
    20  rating displayed on the label attached to the dispensing system,
    21  storage tank or other dispensing device, or who sells or offers
    22  or exposes for sale automotive fuel which has been contaminated.
    23     (b)  Distributor, producer or refiner violations.--The
    24  department may assess a civil penalty of not more than $5,000
    25  upon a distributor, producer or refiner who sells or offers or
    26  exposes for sale automotive fuel which does not meet the
    27  automotive fuel rating certified by the distributor, producer or
    28  refiner or who sells or offers or exposes for sale automotive
    29  fuel which does not meet the requirements of section 4.
    30     (c)  Knowledge of deceptive practice.--In addition to any
    20070H0684B2133                 - 13 -     

     1  civil penalty imposed for violations of subsection (a) or (b),
     2  the department may assess a distributor, producer, refiner or
     3  retailer with an additional civil penalty equal to the
     4  difference between the price per gallon charged to the consumer
     5  for the automotive fuel in question and the price per gallon
     6  charged to the consumer for the lowest octane grade at the
     7  retail dispensing facility at the time of the violation,
     8  multiplied by the capacity of the storage tank from which the
     9  product in question was dispensed, if the distributor, producer,
    10  refiner or retailer violates any provisions of this act or any
    11  regulations promulgated pursuant to this act with actual
    12  knowledge that the act or practice underlying the violation is
    13  unfair or deceptive.
    14     (d)  Repeat violations.--In addition to any civil penalty
    15  assessed in accordance with the provisions of this section, the
    16  department may initiate criminal proceedings for a second or
    17  subsequent violation of sections 4 and 5 or any regulations
    18  promulgated pursuant to such sections. Such a second or
    19  subsequent violation shall constitute a misdemeanor of the third
    20  degree.
    21     (e)  Removal of seals.--The department may assess a civil
    22  penalty of not less than $1,000 nor more than $5,000 on any
    23  person, other than a person designated by the department, who
    24  breaks, mutilates or destroys any seal placed upon a dispensing
    25  system, storage tank or other dispensing device used to deliver
    26  or store automotive fuel, or who removes automotive fuel from a
    27  dispensing system, storage tank or other dispensing device which
    28  has been sealed, or who defaces or removes a posted notice of
    29  sealing.
    30     (f)  Hearings.--No civil penalty shall be assessed under this
    20070H0684B2133                 - 14 -     

     1  section unless the person charged has been given notice and
     2  opportunity for hearing in accordance with 2 Pa.C.S. (relating
     3  to administrative law and procedure).
     4     (g)  Innocent sellers exemption.--The department shall not
     5  impose a civil penalty for a violation of subsection (a)
     6  regarding labeling if the retailer labeled the dispensing
     7  system, storage tank or other dispensing device in reasonable
     8  reliance on documentation provided by the distributor, producer
     9  or refiner certifying the standards for automotive fuel rating.
    10     (h)  Private action by retailer.--Whenever a retailer
    11  unknowingly and without deception sells or offers or exposes for
    12  sale automotive fuel which does not conform with the provisions
    13  of this act, the distributor, producer, oxygenate blender or
    14  refiner, as the case may be, of the nonconforming automotive
    15  fuel shall be liable in damages to the retailer for any
    16  ascertainable loss of money or property.
    17     (i)  Acts or practices constituting unfair trade.--It shall
    18  be an unfair method of competition and an unfair or deceptive
    19  act or practice in or affecting trade and commerce in this
    20  Commonwealth within the meaning of section 3 of the act of
    21  December 17, 1968 (P.L.1224, No.387), known as the Unfair Trade
    22  Practices and Consumer Protection Law, for any retailer,
    23  producer, distributor, oxygenate blender or refiner to violate
    24  the provisions of this act or any regulations promulgated
    25  pursuant to this act.
    26  Section 8.  Annual report.
    27     The department shall file an annual report with the
    28  Transportation Committee of the Senate and the Transportation
    29  Committee of the House of Representatives. The report shall
    30  summarize the details and impact of the Automotive Fuel Testing
    20070H0684B2133                 - 15 -     

     1  and Disclosure Program for the year being reported. The
     2  department shall file the report no later than May 1 of the
     3  following year.
     4  Section 9.  Octane Testing Account.
     5     (a)  Establishment.--There is established in a restricted      <--
     6  revenue account in the General Fund an account to be known as
     7  the Octane Testing Account. THE OCTANE TESTING ACCOUNT IS         <--
     8  ESTABLISHED AS A RESTRICTED REVENUE ACCOUNT IN THE GENERAL FUND.
     9  The following are the sources of money for the Octane Testing
    10  Account:
    11         (1)  Fees per year as follows:
    12            1-9 FUELING dispensers   - $100 per year                <--
    13           10-19 FUELING dispensers  - $200 per year                <--
    14           20 or more FUELING dispensers - $300 per year            <--
    15         (2)  Fees per load rack terminal as follows:
    16            1-9 meters               -   $500 per year
    17           10 or more meters         - $1,000 per year
    18  The department reserves the right to MAY adjust the fees as       <--
    19  necessary. Notice of any fee adjustment shall be published in
    20  the Pennsylvania Bulletin.
    21     (b)  Appropriations from account.--Money in the Octane
    22  Testing Account is hereby appropriated, upon approval by the
    23  Governor, to be used exclusively for the implementation and
    24  administration of this act.
    25  Section 10.  Effective date.
    26     This act shall take effect July 1, 2007.



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