State legislative developments

Evidently a new biofuels-related bill was introduced today (HB 2363), sponsored by Representatives Crandall, Reagan, Adams, Driggs and Konopnick. It appears that the focus is on reducing liability risk for E85 ethanol retailers, but it sweeps quite broadly. The bill would amend ARS Section 41-2083 with the following provisions:

THE DIRECTOR SHALL ADOPT RULES RELATING TO BIOFUELS, INCLUDING:
1. STANDARDS AND TEST METHODS FOR INDIVIDUAL BIOFUELS.
2. REGISTRATION AND REPORTING REQUIREMENTS.
3. LABELING REQUIREMENTS.
4. QUALITY ASSURANCE PROGRAMS FOR PRODUCERS AND SUPPLIERS OF BIOFUELS.
5. ROUTINE QUALITY CONTROL SAMPLING AND TESTING REQUIREMENTS FOR BIOFUELS.

IN COMPLIANCE WITH THE REQUIREMENTS OF THIS SECTION AND RULES ADOPTED PURSUANT TO THIS SECTION, A RETAIL SELLER OF THE ETHANOL BLEND E85 IS NOT LIABLE IF A CONSUMER MISFUELS AND PLACES ETHANOL BLEND E85 IN A NONFLEXIBLE FUEL VEHICLE.

Note that ARS Section 41-2083 already includes some requirements applicable to biodiesel producers and distributors:

K. A person shall not sell or offer or expose for sale biodiesel that is not tested or does not meet the specifications established by ASTM D6751 or any blend of biodiesel and diesel fuel that is not tested or does not meet the specifications established by ASTM D975 and that contains sulfur in excess of five hundred parts per million for use in area A as defined in section 49-541.

Plus the statute includes some detailed reporting requirements for biodiesel distributors... presumably these reports would be avilable via a public records act request.

[1/17: post edited to remove the reporting section of the statute; made the post too long and boring!]