5.5. SR 10-09-2006
City of Elk River Item Number
REQUEST FOR COUNCIL ACTION 5.5.
Agenda Section I Meeting Date Prepared by
\\1 orksession October 9, 2006 Lori J oIllson, City j-\.dministrator
Item Description Reviewed by
Gas Station Ordinance
Introduction
COUllcihneinber NIacin requested tllat discussion take place regarclitlg an ordinance requiring alternativ.e
fuels at city gas stations.
Discussion
I believ-e Cauncilmelnber 1!Iotin's intent at tlle \varksession is to see if tlle Council is interested in
pursuing such an ordinance. If the Council is interested, staff \vill research the issue and report to the
Council. If possible, a representati\7e frain Energy City \v~ill be present at 1\landay's meeting to pro\:ide
additional inforlnation on tllls issue. .L~ttaclled for your revie\1l are sev"eral statutes regarding tlle
production and sale of alternativ-e fuels in :tvlinnesota.
Financial Impact
N 01le
Attachments
· :NIN Statutes relating to tlle production and sale of etllanol in ~vlinnesota
Action Requested
This is a discussion itelTI onl~y. No action is requested.
Council Action
}\Iotion by
Second by
"'late
Follow Up
S: \ Council \LoI"i \ 2006 \ Gas Station 0 rdinance.doc
Mi1U1esota Statutes 2005, 216C.Ol
Page 1 of2
,Minnesota
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Minnesota Statutes 2005, 216C.01
Copyright 2005 by the Office of Revisor of Statutes, State of Minnesota.
~ 4 matches for Ethanol ~
Minnesota Statutes 2005, Table of Chapters
Table of contents for Chapter 216C
216C.Ol Definitions.
Subdivision 1. Applicability. The definitions in
this section apply to this chapter.
Subd. la. Alternative fuel. "Alternative fuel" means
natural gas; liquefied petroleum gas; hydrogen; coal-derived
liquefied fuels; electricity; m~ethanol~, denatured~ethanolp.., and
other alcohols; mixtures containing 85 percent or more, or other
percentage as may be set by regulation by the Secretary of the
United States Department or Energy, by volume of m~ ethanol" ,
denatured .~ ethanol ~, and other alcohols wi th gasoline or other
fuels; fuels other than alcohol that are derived from biological
materials; and other fuel that the Secretary of the United
States Department of Energy determines by regulation to be an
alternative fuel within the meaning of section 301(2) of the
National Energy Policy Act of 1992 and intended for use in motor
vehicles.
Subd. lb. Alternative fuel vehicle.
fuel vehicle" means a dedicated, flexible,
operated primarily on an alternative fuel.
"Alternative
or dual-fuel vehicle
Subd. 2. Commissioner. "Commissioner" means the
commissioner of co~merce.
Subd. 2a. Dedicated fuel vehicle. "Dedicated fuel
vehicle" means a vehicle that operates solely on alternative
fuels.
Subd. 3. Department. "Department" means the
Department of Commerce.
Subd. 4. Dual-fuel vehicle. "Dual-fuel vehicle"
means a vehicle that is capable of operating on an alternative
fuel and is capable of operating on gasoline or diesel fuel.
HIST: 1987 c 186 s 15; 1987 c 312 art 1 s 7; 1993 c 254 s 2-5;
1995 c 264 art 2 s 5,6; 1998 c 254 art 1 s 65; lSp2001 c 4 art 6
s 47-49
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Minnesota Statutes 2005,239.791
Page 1 of 5
'M:innesota
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Minnesota Statutes 2005, 239.791
Copyright 2005 by the Office of Revisor of Statutes, State of Minnesota.
~ 14 matches for Ethanol ~
Minnesota Statutes 2005, Table of Chapters
Table of contents for Chapter 239
239.791 Oxygenated gasoline.
Subdivision 1. Minimum ~ethanoltr content required. (a)
Except as provided in subdivisions 10 to 14, a person
responsible for the product shall ensure that all gasoline sold
or offered for sale in Minnesota must contain at least 10.0
percent denatured~ ethanol ~ by volume.
(b) For purposes of enforcing the minimum ~ethanol~
requirement of paragraph (a), a gasoline/ethanol blend will be
construed to be in compliance if the~ethanol~ content, exclusive
of denaturants and permitted contaminants, comprises not less
than 9.2 percent by volume and not more than 10.0 percent by
volume of the blend as determined by an appropriate United
States Environmental Protection Agency or American Society of
Testing Materials standard method of analysis of alcohol/ether
content in engine fuels.
(c) The provisions of this subdivision are suspended during
any period of time that subdivision la, paragraph (a), is in
effect.
Subd. 1 a . Minimum'~ ethanol ~ con ten t required . (a)
Except as provided in subdivisions 10 to 14/ on August 30, 2013,
and thereafter, a person responsible for the product shall
ensure that all gasoline sold or offered for sale in Minnesota
must contain at least 20 percent denatured ~ethanol~ by volume.
(b) For purposes of enforcing the minimum ~ ethanol ~
requirement or paragraph (a), a gasoline/ethanol blend will be
construed to be in compliance if the ~ ethanol~ content / exclusive
of denaturants and permitted contaminants, comprises not less
than 18.4 percent by volume and not more than 20 percent by
volume of the blend as determined by an appropriate United
States Environmental Protection Agency or American Society of
Testing Materials standard method of analysis or alcohol content
in motor fuels.
(c) No motor fuel shall be deemed to be a defective product
by virtue of the fact that the motor fuel is formulated or
blended pursuant to the requirements of paragraph (a) under any
theory of liability except for simple or willful negligence or
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Minnesota Statutes 2005,239.791
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fraud. This paragraph does not preclude an action for
negligent, fraudulent, or willful acts. This paragraph does not
affect a person whose liability arises under chapter 115, water
pollution control; lISA, waste management; 115B, environmental
response and liability; llSC, leaking underground storage tanks;
or 299J, pipeline safety; under public nuisance law for damage
to the environment or the public health; under any other
environmental or public health law; or under any environmental
or public health ordinance or program of a municipality as
defined in section 466.01.
(d) This subdivision expires on December 31, 2010, if by
that date:
(1) the commissioner of agriculture certifies and publishes
the certification in the State Register that at least 20 percent
of the volume of gasoline sold in the state is denatured
~ ethanol ~; or
(2) federal approval has not been granted for the use of
E20 as gasoline. The United States Environmental Protection
Agency's failure to act on an application shall not be deemed
approval of the use of E20, or a waiver under section 211(f) (4)
or the Clean Air Act, United States Code, title 42, section
7545, subsection (f), paragraph (4).
Subd. 2. Repealed, 1993 c 250 s 3
Subd. 3. Blending restriction. When gasoline
contains an oxygenate, a person responsible for the product
shall not blend the product wi th ~ ethanol ~ or wi th any other
oxygenate after it is transferred or otherwise removed from a
refinery or terminal.
Subd. 4. Repealed, 1995 c 220 s 141
Subd. 5. Repealed, 1995 c 220 s 141
Subd. 6. Repealed, 1995 c 220 s 141
Subd. 7. ~Ethanol~ records; state audit. The director
shall audi t the records of registered .~ ethanol~, blenders to ensure
that each blender has met all requirements in this chapter.
Specific information or data relating to sales figures or to
processes or methods of production unique to the blender or that
would tend to adversely affect the competitive position of the
blender must be only for the confidential use of the director,
unless otherwise specifically authorized by the registered
blender.
Subd. 8. Disclosure. A refinery or terminal, shall
provide, at the time gasoline is sold or transferred from the
reIlnery or terminal, a bill of lading or shipping manifest to
the person who receives the gasoline. For oxygenated gasoline,
the bill of lading or shipping manifest must include the
identity and the volume percentage or gallons of oxygenate
included in the gasoline, and it must state: "This fuel
contains an oxygenate. Do not blend this fuel wi th .~ ethanol.rr or
with any other oxygenate." For nonoxygenated gasoline sold or
transferred after September 30, 1997, the bill or manifest must
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Minnesota Statutes 2005, 239.791
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state: "This fuel is not oxygenated. It must not be sold at
retail in Minnesota." This subdivision does not apply to sales
or transfers of gasoline between refineries, between terminals,
or between a refinery and a terminal.
Subd. 9. Repealed, 1995 c 220 s 141
Subd. 10. Exemption for airport, marina, mooring
facility, and resort. A person responsible for the product
may offer for sale, sell, or dispense at an airport, marina,
mooring facility, or resort, for use in airplanes or for
purposes listed under subdivision 12, paragraph (a), gasoline
that is not oxygenated in accordance with subdivision 1 if the
gasoline is unleaded premiQm grade as defined in section
239.751, subdivision 4.
Subd. 11. Exemption for motor sports racing. A
person responsible for the product may offer for sale, sell, or
dispense at a public or private racecourse, gasoline that is not
oxygenated in accordance with subdivision 1 if the gasoline is
intended to be used exclusively as a fuel for off-highway motor
sports racing events.
Subd. 12. Exemption for collector vehicle and off-road
use. (a) A person responsible for the product may offer for
sale, sell, or dispense at a retail gasoline station for use in
collector vehicles or vehicles eligible to be licensed as
collector vehicles, off-road vehicles, motorcycles, boats,
sno\VIDobiles, or small engines, gasoline that is not oxygenated
in accordance with subdivision 1 if the person meets the
conditions in paragraphs (b) to (e). If the nonoxygenated
gasoline is for use in a small engine, it must be dispensed into
a can with a capacity or six or fewer gallons.
(b) The nonoxygenated gasoline must be unleaded premium
grade as defined in section 239.751, subdivision 4.
(c) No more than one storage tank on the premises of the
retail gasoline station may be used for storage of the
nonoxygenated gasoline offered for sale, sold, or dispensed by
the station.
(d) The pump stands must be posted with a permanent notice
stating: "NONOXYGENATED GASOLINE. FOR USE IN COLLECTOR
VEHICLES OR VEHICLES ELIGIBLE TO BE LICENSED AS COLLECTOR
VEHICLES, OFF-ROAD VEHICLES, MOTORCYCLES, BOATS, SNOWMOBILES, OR
SMALL ENGINES ONLY."
This notice must be posted at least two feet above the
ground. A retail gasoline station that sells nonoxygenated
premium gasoline as defined in section 239.791, subdivision 15,
must register every two years with the director, or an entity
appointed by the director, on forms approved by the director,
the total amount of nonoxygenated premium gasoline sold annually.
Subd. 13. Exemption for certain riparian landowners.
(a) A person responsible for the product may offer for sale,
sell, and deliver directly to a bulk fuel storage tank gasoline
that is not oxygenated in accordance with subdivision 1 if the
conditions in paragraphs (b) to (e) are met.
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Minnesota Statutes 2005, 239.791
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(b) The nonoxygenated gasoline must be unleaded premium
grade as defined in section 239.751, subdivision 4a
(c) The bulk fuel storage tank must be stationary or
permanent.
(d) The bulk fuel storage tank must be under the control of
an owner of littoral or riparian property and located on that
littoral or riparian property.
(e) The nonoxygenated gasoline must be purchased for use in
vehicles that would qualify for an exemption under subdivision
12, paragraph (a).
Subd. 14. Exemption for aircraft operator. A person
responsible for the product may offer for sale, sell, and
deliver directly to a bulk fuel storage tank gasoline that is
not oxygenated in accordance with subdivision 1 for use in
aircraft if the nonoxygenated gasoline is unleaded premium grade
as defined in section 239.751, subdivision 4.
Subd. 15. Exemption for certain blend pumps. (a) A
person responsible for the product, who offers for sale, sells,
or dispenses nonoxygenated premium gasoline under one or more of
the exemptions in subdivisions 10 to 14, may sell, offer for
sale, or dispense oxygenated gasoline that contains less than
the minimum amount of .~ ethanol ~ required under subdi vision 1 if
all of the following conditions are met:
(1) the blended gasoline has an octane rating of 88 or
greater;
(2) the gasoline is a blend of oxygenated gasoline meeting
the requirements of subdivision 1 with nonoxygenated premium
gasoline;
(3) the blended gasoline contains not more than ten percent
nonoxygenated premium gasoline;
(4) the blending of oxygenated gasoline with nonoxygenated
gasoline occurs within the gasoline dispenser; and
(5) the gasoline station at which the gasoline is sold,
offered for sale, or delivered is equipped to store gasoline in
not more than two storage tanks.
(b) This subdivision applies only to those persons who met
the conditions in paragraph (a), clauses (1) through (5), on
August 1, 2004, and registered with the director by November I,
2004.
HIST: 1992 c 575 s 29; 1993 c 250 s 1; 1993 c 369 s 73,74;
1995 c 220 s 116; 1996 c 354 s 8-11; 1999 c 231 s 174-177; 2000
c 434 s 2; 2003 c 107 s 30; 2004 c 189 s 3,4; 2005 c 10 art 1 s
39; 2005 c 52 s 1,2; lSp2005 c 1 art 4 s 69-72
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Minnesota Statutes 2005, 216B.812
Page 1 of 3
;'Ninnesota
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Minnesota Statutes 2005, 2168.812
Copyright 2005 by the Office of Revisor of Statutes, State of Minnesota.
~ 1 matches for Ethanol ,....
Minnesota Statutes 2005, Table of Chapters
Table of contents for Chapter 216B
216B.812 Fostering use of hydrogen energy.
Subdivision 1. Early purchase and deployment of
hydrogen, fuel cells, and related technologies by the state.
(a) The Department of Co~merce in conjuction with the Department
of AQministration shall identify opportunities for demonstrating
the use of hydrogen, fuel cells, and related technologies within
state-owned facilities, vehicle fleets, and operations.
(b) The Department of Commerce shall reco~mend to the
Department of Administration, when feasible, the purchase and
demonstration of hydrogen, fuel cells, and related technologies
in ways that strategically contribute to realizing Minnesota's
hydrogen economy goal as set forth in section 216B.013, and
which contribute to the following nonexclusive list of
objectives:
(1) provide needed performance data to the marketplace;
(2) identify code and regulatory issues to be resolved;
(3) roster economic development and job creation in the
state;
(4) raise public awareness of hydrogen, fuel cells, and
related technologies; or
(5) reduce emissions of carbon dioxide and other pollutants.
Subd. 2. Pilot projects. (a) In consultation with
appropriate representatives from state agencies, local
governments, universities, businesses, and other interested
parties, the Department of Commerce shall report back to the
legislature by November 1, 2005, and every two years thereafter,
with a slate of proposed pilot projects that contribute to
realizing Minnesota's hydrogen economy goal as set forth in
section 216B.013. The Department of Commerce must consider the
following nonexclusive list of priorities in developing the
proposed slate of pilot projects:
(1) demonstrate "bridge" technologies such as
hybrid-electric, off-road, and fleet vehicles running on
hydrogen or fuels blended with hydrogen;
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Minnesota Statutes 2005~ 216B.812
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(2) develop cost-competitive, on-site hydrogen production
technologies;
(3) demonstrate nonvehicle applications for hydrogen;
(4) improve the cost and efficiency of hydrogen from
renewable energy sources; and
(5) improve the cost and efficiency of hydrogen production
using direct solar energy without electricity generation as an
intermediate step.
(b) For all demonstrations, individual system components of
the technology must meet commercial performance standards and
systems modeling must be completed to predict co~mercial
performance, risk, and synergies. In addition, the proposed
pilots should meet as many of the following criteria as possible:
(1) advance energy security;
(2) capitalize on the state's native resources;
(3) result in economically competitive infrastructure being
put in place;
(4) be located where it will link well with existing and
related projects and be accessible to the public, now or in the
future;
(5) demonstrate multiple, integrated aspects of hydrogen
infrastructure;
(6) include an explicit public education and awareness
component;
(7) be scalable to respond to changing circumstances and
market demands;
(8) draw on firms and expertise within the state where
possible;
(9) include an assessment of its economic, environmental,
and social impact; and
(10) serve other needs beyond hydrogen development.
Subd. 3. Establishing multifuel hydrogen fueling
stations. The co~missioner of commerce may accept federal
funds, expend funds, and participate in projects to design,
site, and construct multifuel hydrogen fueling stations that
eventually link urban centers along key trade corridors across
the jurisdictions of Manitoba, the Dakotas, Minnesota, Iowa, and
Wisconsin.
These energy stations must serve the priorities listed in
subdivision 2 and, as transition infrastructure, should
accommodate a wide variety of vehicle technologies and fueling
platforms, including hybrid, flexible-fuel, and fuel cell
vehicles. They may offer, but not be limited to, gasoline,
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Minnesota Statutes 2005, 216B.812
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diesel, ~ethanol~ (E-85), biodiesel, and hydrogen, and may
simultaneously test the integration of on-site combined heat and
power technologies with the existing energy infrastructure.
The hydrogen portion of the stations may initially serve
local, dedicated on or off-road vehicles, but should eventually
support long-haul transport.
HIST: 2005 c 97 art 13 s 2; lSp2005 c 1 art 4 s 120
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