130th Ohio General Assembly
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H. B. No. 297  As Introduced
As Introduced

129th General Assembly
Regular Session
2011-2012
H. B. No. 297


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.
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