Chapter 414 Fuel Regulation and Conservation

414.032 - Requirements, standards, certain fuels — director may inspect fuels, purpose — waiver, when.

Steven Groce, Attorney Advertisement

1.All kerosene, diesel fuel, heating oil, aviation turbine fuel, gasoline, gasoline-alcohol blends and other motor fuels shall meet the requirements in the annual book of ASTM standards and supplements thereto.The director may promulgate rules and regulations on the labeling, standards for, and identity of motor fuels and heating oils.

2.The director may inspect gasoline, gasoline-alcohol blends or other motor fuels to insure that these fuels conform to advertised grade and octane.In no event shall the penalty for a first violation of this section exceed a written reprimand.

3.The director may waive specific requirements in this section and in regulations promulgated according to this section, or may establish temporary alternative requirements for fuels as determined to be necessary in the event of an extreme and unusual fuel supply circumstance as a result of a petroleum pipeline or petroleum refinery equipment failure, emergency, or a natural disaster as determined by the director for a specified period of time.If any action is taken by the director under this section, the director shall:

(1)Advise the U.S. Environmental Protection Agency of such action;

(2)Review the action after thirty days; and

(3)Notify industry stakeholders of such action.

4.Any waiver issued or action taken under subsection 3 of this section shall be as limited in scope and applicability as necessary, and shall apply equally and uniformly to all persons and companies in the impacted petroleum motor fuel supply and distribution system, including but not limited to petroleum producers, terminals, distributors, and retailers.

(L. 1987 S.B. 249, A.L. 2001 S.B. 462, A.L. 2002 H.B. 1348 merged with S.B. 984 & 985, A.L. 2018 H.B. 1355 merged with H.B. 1364 merged with S.B. 627 & 925 merged with S.B. 659)

414.132 - Motor fuel inspectors, deputies, agents, employees, compensation, appointees of department — conflict of interest prohibited.

1.The director shall, within the limits of appropriations, appoint and fix the compensation of a motor fuel inspector who shall make such tests and analyses of oils as may be required by the director in the administration of this chapter.The director shall, within the limits of appropriations, appoint and fix the compensation of such deputies, agents and employees as may be necessary for performance of his duties under this chapter.All such appointees shall be employees of the department and shall in all respects be subject to the laws governing such employees.

2.No such appointee shall, while in office, be interested, directly or indirectly, in the manufacture, distribution or sale of any of the products specified in this chapter nor shall he, for purpose of inspecting, testing or gauging the same, take away or appropriate for his own use, or for the use of others, any part or portion of sampled products.

(L. 1987 S.B. 249)

Effective 1-01-88

414.036 - Financial responsibility to be maintained, when — aboveground storage tank defined — rules.

1.After December 31, 2010, the owner or operator of an aboveground storage tank defined in subsection 2 of this section shall maintain evidence of financial responsibility in an amount equal to or greater than one million dollars per occurrence and two million dollars annual aggregate for the costs of taking corrective action and compensating third parties for bodily injury and property damage caused by sudden and nonsudden accidental releases arising from the operation of the tank.

2.For the purposes of this section, "aboveground storage tank" is defined as any one or a combination of tanks, including pipes connected thereto, used to contain an accumulation of petroleum and the volume of which, including the volume of the aboveground pipes connected thereto, is ninety percent or more above the surface of the ground, which is utilized for the sale of products regulated by this chapter.The term does not include those tanks described in paragraphs (a) to (k) of subdivision (16) of section 319.100, nor does it include aboveground storage tanks at refineries, petroleum pipeline terminals, or marine terminals.

3.Owners and operators may meet the requirements of this section by participating in the petroleum storage tank insurance fund created in section 319.129 or by any other method approved by the department.

4.The department shall promulgate rules to implement the provisions of this section.Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028.This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2008, shall be invalid and void.

5.Except in cases of fraud or misrepresentation on the application for coverage, no owner or operator shall be denied benefits by the petroleum storage tank insurance fund or other provider of financial responsibility required by this section solely because the owner's* or operator's claim arises from a release of motor fuel deemed incompatible with the aboveground storage tank system.

(L. 2008 S.B. 907, A.L. 2016 S.B. 657)

*Word "owner" appears in original rolls.

414.580 - Use of funds, restrictions.

No funds collected by the council shall be used in any manner for influencing legislation or for campaign contributions, except that the council may recommend to the director changes in sections 414.500 to 414.590 or other statutes that would further the purposes of sections 414.500 to 414.590.

(L. 1993 S.B. 178 § 9)

414.590 - Construction.

Nothing in sections 414.500 to 414.590 may be construed to preempt or supersede any other program relating to propane gas education and research organized and operated under the laws of the state of Missouri.

(L. 1993 S.B. 178 § 10)

414.073 - Tank wagons, wholesale or retail sales to be equipped with meters — inspection, when — condemned meters, how marked.

1.Each tank wagon used in the wholesale or retail marketing of gasoline, gasoline-alcohol blend, kerosene, heating oil, diesel fuel, and aviation turbine fuel shall be equipped with meters or other measuring devices for the measurement of the product in terms of gallons or liters and shall not be equipped with a bypass around such meters.

2.The director shall at least once each year test the measuring devices on tank wagons used in the retail or wholesale delivery of motor fuel, aviation turbine fuel, heating oil, diesel fuel, gasoline, gasoline-alcohol blend, or kerosene.When such devices are found to be inaccurate, he shall order the correction, removal or discontinuance of same.

3.Test procedures, specifications, tolerances, and technical requirements shall be governed by the National Bureau of Standards, Handbook 44, and supplements thereto.

4.The director shall condemn all meters which do not meet the requirements contained in National Bureau of Standards Handbook 44, vehicle tank meter section, or its successor publication.

5.No meter which has been condemned shall be used for commercial purposes.All condemned meters shall be conspicuously marked "inaccurate".

(L. 1987 S.B. 249)

Effective 1-01-88

414.122 - Common carriers of fuels, shipment records, contents.

Every person engaged in business in this state as a common carrier or marketer of fuels or petroleum products shall exhibit upon demand by the director of agriculture or the director of revenue, books, papers, and records showing any shipment in, into or out of this state of gasoline, diesel fuel, heating oil, kerosene or aviation turbine fuel and also any books, papers, and records showing the origin or destination of such shipments, including the names and addresses of the consignors and consignees of such shipments.

(L. 1987 S.B. 249, A.L. 1993 S.B. 178)

414.022 - Preemption by the state, political subdivisions may not regulate.

The state of Missouri hereby preempts the field of regulating the inspection of and providing specifications for any substance regulated by sections 414.012 to 414.152 and it shall be unlawful for any political subdivision to impose by ordinance, order, or regulation any restriction on the use or sale of any substance regulated by this chapter.

(L. 1987 S.B. 249)

Effective 1-01-88

414.102 - Payment of fees, when — report to director of revenue, when — credit or refund, when allowed — application of motor fuel tax provisions.

1.Every person importing or removing within this state, as import and removal are defined in section 142.800, any of the petroleum products regulated by this chapter shall file with the director of revenue on forms prescribed by the director of revenue, a report listing thereon the amount of such products imported or removed by said person during the reporting period as defined in chapter 142 and attach thereto remittance in payment of inspection fees due.

2.Fees on all regulated products shall be paid on gallons imported or removed, less all exports .Notwithstanding any other provision to the contrary, the deduction in this subsection shall be the only one allowed.

3.Payment of fees and the report required by this section shall be paid and filed annually if the total fees paid during the previous year amounted to less than twenty-five dollars.The annual report and payment of fees allowed by this subsection shall be due during the month of January.If a business filing annual reports is discontinued at any time, the report and payment of fees shall be due at the time of discontinuance of business.

4.When the inspection fee has been paid on any product regulated by this chapter which is then shipped outside of this state for use, sale or distribution, credit or refund shall be allowed for the amount so paid.

5.All applicable provisions contained in chapter 142 governing administration, collection and enforcement of the state motor fuel tax shall apply to this section, including but not limited to reporting, penalties and interest.

(L. 1987 S.B. 249, A.L. 1998 S.B. 619)

Effective 1-01-99

414.406 - Vehicle fleet plan reviewed — office of administration to purchase only vehicles conforming to plan — annual report, content.

1.The director of the department of economic development shall review each agency's vehicle fleet plan and the vehicular demands of the agency by vehicle class.The office of administration shall only purchase for an agency those vehicles which conform to the agency's plan as outlined in sections 414.400 and 414.403.

2.Each state agency shall annually file a report with the director of the department of economic development on forms provided by the department showing its progress in achieving the requirements and goals of sections 414.400 to 414.417.The director of the department of economic development shall compile such information into an annual report and submit such report to the commissioner of administration, the secretary of the senate, the clerk of the house of representatives and the chairman of each committee of jurisdiction of the general assembly.

3.The director's report shall document progress in achieving the requirements and goals of sections 414.400 to 414.417 and shall include, but not be limited to, annual fuel consumption, number of vehicles, vehicle miles traveled, average fleet fuel economy, estimated cost savings and state use of alternative fuels.

(L. 1991 H.B. 45 § 3, A.L. 2018 S.B. 975 & 1024 Revision)

414.012 - Definitions.

As used in this chapter, the following words mean:

(1)"American Society for Testing and Materials (ASTM)", a scientific and technical organization formed for the development of standards on characteristics and performance of materials, products, systems, and services, and the promotion of related knowledge;

(2)"Aviation turbine fuel (jet fuel)", a refined oil intended for use as a source of energy for jet aircraft, the classification of which shall be defined by the American Society for Testing and Materials (ASTM);

(3)"Barrel", for the purposes of sections 414.012 to 414.152, fifty gallons shall constitute a barrel;

(4)"Closed container", a container so sealed by means of a lid or other device that neither liquid nor vapor will escape from it at ordinary temperatures;

(5)"Combustible liquid", those liquids as defined by the most current issue of Booklet 30 of the National Fire Protection Association entitled Flammable and Combustible Liquid Code;

(6)"Container", any vessel of sixty United States gallons or less capacity used for transporting or storing flammable or combustible liquids;

(7)"Department", the Missouri state department of agriculture;

(8)"Diesel fuel", refined oils commonly used in internal combustion engines where ignited by pressure and not by electric spark, the classification of which shall be defined by the American Society for Testing and Materials (ASTM);

(9)"Director", the director of agriculture of the Missouri state department of agriculture or his delegated representative;

(10)"Flammable liquids", those liquids as defined by the most current issue of Booklet 30 of the National Fire Protection Association entitled Flammable and Combustible Liquid Code;

(11)"Gasoline", a volatile mixture of liquid hydrocarbons generally containing small amounts of additives suitable for use as a fuel in spark-ignition internal combustion engines;

(12)"Gasoline-alcohol blend", a blend consisting primarily of gasoline and a substantial amount of one or more alcohols;

(13)"Heating oil (fuel oil)", a refined oil intended for use as a furnace oil, range oil or fuel oil for heating or cooking purposes;

(14)"Kerosene", a refined oil intended for heating or illuminating use, the classification of which shall be defined by the American Society for Testing and Materials (ASTM);

(15)"Motor fuel", any liquid product used for the generation of power in an internal combustion engine;

(16)"Person", both plural and singular, as the case demands, and includes individuals, partnerships, corporations, companies, firms, societies, and associations.

(L. 1987 S.B. 249)

Effective 1-01-88

414.112 - Deception of customers in sale of fuels as to nature, quality or identity, prohibited — reclaimed motor or lubricating oils — containers, how marked — interference with director, prohibited.

1.No person shall store, sell, expose for sale, or offer for sale, gasoline, diesel fuel, heating oil, kerosene, aviation turbine fuel, gasoline-alcohol blends or other motor fuels, so as to deceive or tend to deceive the purchaser as to the nature, quality, and identity of the product so sold or offered for sale, or under any name whatsoever except the true trade name thereof.

2.No person shall store, sell, expose for sale, or offer for sale, any reclaimed motor or lubricating oils; except that all drums, cans, or other containers, holding such reclaimed motor or lubricating oils before being offered for sale, shall have imprinted thereon, in contrasting color with the other surface of the container, in letters not less than one-half inch in height, wording specifying "reclaimed" motor or lubricating oil.

3.No person shall hinder or obstruct the director, or his delegated representative, in the reasonable performance of his duties.

(L. 1987 S.B. 249)

Effective 1-01-88

414.412 - Alternative use of fuel, waived or percentage reduced by director, certified evidence required — other vehicles, ethanol use required, exceptions.

1.The director may reduce any percentage specified or waive the requirement of subsection 3 of section 414.410 for any state agency upon receipt of certification supported by evidence acceptable to the director that:

(1)The agency's vehicles will be operating primarily in an area in which neither the agency nor a supplier has or can reasonably be expected to have a central refueling station for alternative fuels; or

(2)The agency is unable to acquire or operate vehicles within the cost limitations of section 414.400 or section 414.415; or

(3)The use of alternative fuels would not meet the energy conservation and exhaust emissions reduction criteria of subsection 2 of section 414.410.

2.State agencies shall submit information describing the acquisition and use of vehicles capable of using alternative fuels to the department in a format prescribed by the department.The report shall include for each vehicle model capable of using alternative fuel:

(1)The types of alternative fuels used;

(2)The number of miles traveled using alternative fuels and the ratios to the total numbers of miles traveled;

(3)The number of vehicles owned which are capable of using alternative fuels;

(4)Maintenance costs.

3.Each state-owned vehicle equipped to operate on gasoline, other than vehicles using alternative fuel, shall use a fuel ethanol blend as defined in section 142.028, when available at a competitive price, as its motor fuel, unless the United States Environmental Protection Agency, or the governor by executive order, promulgates rules which prohibit, limit or otherwise regulate the use of ethanol-blended fuels in ozone nonattainment areas, as defined by Section 107 of the federal Clean Air Act, as amended, or in an area designated as a maintenance area for ozone under Section 175A of the federal Clean Air Act, as amended, state-owned vehicles shall not be required to use a fuel ethanol blend.

(L. 1991 H.B. 45 § 4 subsecs. 4, 5, 6, A.L. 1993 H.B. 611, A.L. 1998 S.B. 619, A.L. 2018 S.B. 975 & 1024 Revision)

414.043 - MTBE content limit for gasoline, when.

After July 1*, 2005, no gasoline sold, offered for sale, or stored within this state shall contain more than one-half of one percent by volume of methyl tertiary butyl ether (MTBE).

(L. 2002 H.B. 1348 merged with S.B. 984 & 985)

*Words "July 31" appear in original rolls of S.B. 984 & 985.

414.417 - Criminal law enforcement vehicles and certain other vehicles, law not applicable — demonstration vehicles for alternative fuels authorized.

1.Sections 414.400 to 414.417 shall not apply to the purchase or lease of a vehicle to be used primarily for criminal law enforcement or to the purchase or lease of a motorcycle, all-terrain vehicle, ambulance, or any type of vehicle for which the Environmental Protection Agency has not published fuel economy comparisons.

2.Notwithstanding the provisions of sections 414.400 to 414.417, the department of natural resources and the department of economic development may acquire vehicles which use alternative fuels for the purposes of assessing and demonstrating either or both alternative vehicles and alternative fuels.

(L. 1991 H.B. 45 § 5, A.L. 2018 S.B. 975 & 1024 Revision)

414.142 - Rules, authority, promulgation.

The director of agriculture and the director of revenue may promulgate such rules as shall not be inconsistent with the provisions of this chapter and which in their judgment will best serve to carry out the purpose thereof.No rule or portion of a rule promulgated under the authority of this chapter shall become effective unless it has been promulgated pursuant to the provisions of section 536.024.

(L. 1987 S.B. 249, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3)

414.042 - Fuels, offered for sale, testing required upon request of director — requested samples, director to inspect and test.

1.When offered for sale or when used in this state, kerosene, diesel fuel, heating oil, aviation turbine fuel, gasoline, gasoline-alcohol blends, and other motor fuels shall be tested and meet the requirements as provided in this chapter.Every dealer, distributor, producer or compounder of such oil or fuel shall immediately upon request make available to the director a sample of gasoline, gasoline-alcohol blends, diesel fuel, heating oil, kerosene, aviation turbine fuel, and other motor fuels at his own expense.The director shall inspect and test all requested samples for compliance with the provisions of this chapter.

2.The director shall not be required to make a complete analysis of all samples tested pursuant to subsection 1 of this section.

3.If it is demonstrated that some impurity or imperfection exists in the sampled product to render it unfit for its intended purposes, the director may reject the product for such purposes by issuing a stop-sale order.

(L. 1987 S.B. 249)

Effective 1-01-88

414.052 - Premises utilized for sale of fuels to be safe from fire and explosion — access for inspection, search warrant — stop use order may issue, inspection — appeal of stop use order, hearing.

1.All premises including bulk storage installations, terminals, dispensing or distributing facilities, equipment, appliances or devices utilized for the sale of products regulated by sections 414.012 to 414.152 shall be kept in such condition as to be safe from fire and explosion and not likely to cause injury to adjoining property or to the public.

2.The director shall have access during normal business hours to all places where motor fuels are marketed for the purposes of examination, inspection, taking of samples and investigation.If such access shall be refused by the owner or agent or other persons leasing the same, the director or his agent may obtain an administrative search warrant from a court of competent jurisdiction.

3.At least every six months, the director shall inspect and examine all premises in this state at or on which gasoline, gasoline-alcohol blends, diesel fuel, heating oil, kerosene and aviation turbine fuel is kept and sold at retail, provided that sales at such premises shall aggregate on an average two hundred gallons or more per month, except marine installations, which shall be tested and inspected at least once per year.

4.Failure by any owner or operator of any fuel storage or dispensing system used for the sale of petroleum products to remedy any deficit or condition which is or may constitute a fire or safety hazard to adjoining property or to the public may be reason for the director to issue a stop use order on that portion of the fuel storage or dispensing system which constitutes the fire or safety hazard.The order shall remain in effect until such time as the deficit or condition is corrected.An inspection shall be performed by the director or his authorized representative within one working day of notification that the deficit or condition has been corrected.

5.Any owner or operator of any fuel storage or dispensing system used for the sale of petroleum products aggrieved by a stop use order, may within seventy-two hours after issuance of such order, appeal to the director for an informal hearing to explain the facts.The hearing shall be held within two working days of the receipt of the appeal, with a determination of such findings by the director within twenty-four hours of the hearing.Any owner or operator aggrieved by a determination of the director may appeal to the circuit court of the county in which the owner or operator resides.

(L. 1987 S.B. 249, A.L. 1993 S.B. 178)

414.152 - Violations, penalties — injunction — hearings, procedure.

1.Any person found in violation of any provision of sections 414.012 to 414.152 shall be deemed guilty of a class A misdemeanor.The prosecutor of each county in which a violation occurs shall be empowered to bring an action hereunder.But if a prosecutor declines to bring such action, then the attorney general may bring an action instead, and in so doing shall have all the powers and jurisdiction of such prosecutor.

2.The prosecuting attorney of any county in which a violation of any provision of this chapter occurs or the attorney general is hereby authorized to apply to any court of competent jurisdiction for, and such court shall have jurisdiction upon hearing and for cause shown to grant, a temporary or permanent injunction to restrain any person from violating any provision of this chapter.

3.Any person who is found, upon investigation by the department of agriculture or by the department of revenue, to be in possible violation of any provision of this chapter shall be notified by certified mail of the facts constituting such violation, and shall be afforded an opportunity by the appropriate director to explain such facts at an informal hearing to be conducted within fourteen days of such notification.In the event that such person fails to timely respond to such notification or upon unsuccessful resolution of any issues relating to an alleged violation, such person may be summoned to a formal administrative hearing before a hearing officer conducted in conformance with chapter 536 and if found to have committed one or more violations, may be ordered to cease and desist from such violation, such order to be enforceable in circuit court, and, in addition, may be required to pay a penalty of not more than five hundred dollars per violation and five hundred dollars for each day such violation continues.Any party to such hearing aggrieved by a determination of a hearing officer may appeal to the circuit court of the county in which such party resides, or if the party is the state, in Cole County, in accordance with chapter 536.

(L. 1987 S.B. 249, A.L. 1993 S.B. 178)

414.403 - Vehicle fleet energy conservation plan to be developed by each state agency, purpose of plan, content — plan to be submitted to department of natural resources, when.

1.Each state agency, with assistance from the department, shall develop and implement a vehicle fleet energy conservation plan for the purposes of reducing vehicle fuel consumption.Plans shall be submitted to the director.Such plans shall include:

(1)A timetable by which the agency shall meet minimum guidelines for efficient fleet management established pursuant to section 414.400, or by which fleet vehicles shall be replaced with vehicles which exceed the average fuel economy for their vehicle class as outlined in section 414.400;

(2)Options for the use of demonstrated innovative technologies that promote energy conservation and reduced fuel consumption;

(3)Methods that promote efficient trip planning and state vehicle use; and

(4)Promotion of car pooling and van pooling for agency employees for commuting and job-related travel.

2.The department of conservation and the department of transportation may develop their own vehicle fleet energy conservation plan.Such agencies shall meet the objectives of sections 414.400 to 414.417 and shall comply with the reporting requirements of sections 414.400 to 414.417.

(L. 1991 H.B. 45 § 2, A.L. 1998 S.B. 619)

Effective 1-01-99

414.407 - EPAct credit banking and selling program established — definitions — biodiesel fuel revolving fund created — rulemaking authority — study on the use of alternative fuels in motor vehicles, contents.

1.As used in this section, the following terms mean:

(1)"B-20", a blend of twenty percent by volume biodiesel fuel and eighty percent by volume petroleum-based diesel fuel;

(2)"Biodiesel", fuel as defined in ASTM Standard PS121;

(3)"EPAct", the federal Energy Policy Act, 42 U.S.C. 13201, et seq.;

(4)"EPAct credit", a credit issued pursuant to EPAct;

(5)"Fund", the biodiesel fuel revolving fund;

(6)"Incremental cost", the difference in cost between biodiesel fuel and conventional petroleum-based diesel fuel at the time the biodiesel fuel is purchased.

2.The department, in cooperation with the department of agriculture, shall establish and administer an EPAct credit banking and selling program to allow state agencies to use moneys generated by the sale of EPAct credits to purchase biodiesel fuel for use in state vehicles.Each state agency shall provide the department with all vehicle fleet information necessary to determine the number of EPAct credits generated by the agency.The department may sell credits in any manner pursuant to the provisions of EPAct.

3.There is hereby created in the state treasury the "Biodiesel Fuel Revolving Fund", into which shall be deposited moneys received from the sale of EPAct credits banked by state agencies on August 28, 2001, and in future reporting years, any moneys appropriated to the fund by the general assembly, and any other moneys obtained or accepted by the department for deposit into the fund.The fund shall be managed to maximize benefits to the state in the purchase of biodiesel fuel and, when possible, to accrue those benefits to state agencies in proportion to the number of EPAct credits generated by each respective agency.

4.Moneys deposited into the fund shall be used to pay for the incremental cost of biodiesel fuel with a minimum biodiesel concentration of B-20 for use in state vehicles and for administration of the fund.Not later than January thirty-first of each year, the department shall submit an annual report to the general assembly on the expenditures from the fund during the preceding fiscal year.

5.Notwithstanding the provisions of section 33.080, no portion of the fund shall be transferred to the general revenue fund, and any appropriation made to the fund shall not lapse.The state treasurer shall invest moneys in the fund in the same manner as other funds are invested.Interest and moneys earned on such investments shall be credited to the fund.

6.The department shall promulgate such rules as are necessary to implement this section.No rule or portion of a rule promulgated pursuant to this section shall become effective unless it has been promulgated pursuant to chapter 536.

7.The department shall conduct a study of the use of alternative fuels in motor vehicles in the state and shall report its findings and recommendations to the general assembly no later than January 1, 2002.Such study shall include:

(1)An analysis of the current use of alternative fuels in public and private vehicle fleets in the state;

(2)An assessment of methods that the state may use to increase use of alternative fuels in vehicle fleets, including the sale of credits generated pursuant to the federal Energy Policy Act, 42 U.S.C. 13201, et seq., to pay for the difference in cost between alternative fuels and conventional fuels;

(3)An assessment of the benefits or harm that increased use of alternative fuels may make to the state's economy and environment;

(4)Any other information that the department deems relevant.

(L. 2001 H.B. 453 merged with S.B. 244)

414.072 - Measuring devices, certain fuels, inspection, when — expiration date, effect of — correction or removal, when — public policy regarding devices.

1.At least every six months, the director shall test and inspect the measuring devices used by any person selling an average of two hundred or more gallons of gasoline, gasoline-alcohol blends, diesel fuel, heating oil, kerosene, or aviation turbine fuel per month at either retail or wholesale in this state, except marine installations, which shall be tested and inspected at least once per year.

2.The manufacturer's expiration date on motor fuel pump nozzles, hoses, and hose breakaway equipment shall not be the sole factor in requiring the repair or replacement of such devices and equipment nor in the issuance of any fine, penalty, or punishment by the state or any political subdivision.The manufacturer's expiration date on motor fuel pump nozzles, hoses, and hose breakaway equipment shall not impose any new or additional liability on the state, political subdivisions, motor fuel retailers, wholesalers, suppliers, and distributors, and the retailers and wholesalers of such devices and equipment.

3.When the director finds that any measuring device does not correctly and accurately register and measure the monetary cost, if applicable, or the volume sold, he shall require the correction, removal, or discontinuance of the same.

4.Notwithstanding any other law or rule to the contrary, it has been and continues to be the public policy of this state to prohibit gasoline and diesel motor fuel in a retail sale transaction from being dispensed by any measuring device or equipment that is not approved by the department of agriculture or the National Type Evaluation Program (NTEP).Any automatic volumetric correction device for measuring gasoline, gasoline-alcohol blends, diesel fuel, and diesel fuel-biodiesel blends sold at retail fueling facilities is prohibited by state rule or the automatic adoption or incorporation of national standards or rules unless the device is first specifically authorized and required by state statute.

(L. 1987 S.B. 249, A.L. 2008 S.B. 907, A.L. 2011 S.B. 135)

414.433 - Purchase of biodiesel fuel by school districts — contracts with new generation cooperatives — definitions — rulemaking authority.

1.As used in this section, the following terms mean:

(1)"B-20", a blend of two fuels of twenty percent by volume biodiesel and eighty percent by volume petroleum-based diesel fuel;

(2)"Biodiesel", as defined in ASTM Standard PS121 or its subsequent standard specification for biodiesel fuel (B 100) blend stock for distillate fuels;

(3)"Eligible new generation cooperative", a nonprofit farmer-owned cooperative association formed pursuant to chapter 274, or incorporated pursuant to chapter 357, for the purpose of operating a development facility or a renewable fuel production facility, as defined in section 348.430.

2.Beginning with the 2002-03 school year and lasting through the 2011-12 school year, any school district may contract with an eligible new generation cooperative to purchase biodiesel fuel for its buses of a minimum of B-20 under conditions set out in subsection 3 of this section.

3.Every school district that contracts with an eligible new generation cooperative for biodiesel pursuant to subsection 2 of this section shall receive an additional payment through its state transportation aid payment pursuant to section 163.161 so that the net price to the contracting district for biodiesel will not exceed the rack price of regular diesel.If there is no incremental cost difference between biodiesel above the rack price of regular diesel, then the state school aid program will not make payment for biodiesel purchased during the period where no incremental cost exists.The payment shall be made based on the incremental cost difference incrementally up to seven-tenths percent of the entitlement authorized by section 163.161 for the 1998-99 school year.The payment amount may be increased by four percent each year during the life of the program.No payment shall be authorized pursuant to this subsection or contract required pursuant to subsection 2 of this section if moneys are not appropriated by the general assembly.

4.The department of elementary and secondary education shall promulgate such rules as are necessary to implement this section, including but not limited to a method of calculating the reimbursement of the contracting school districts and waiver procedures if the amount appropriated does not cover the additional costs for the use of biodiesel.Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028.This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2001, shall be invalid and void.

(L. 2001 H.B. 453 merged with S.B. 462, A.L. 2005 S.B. 355)

414.062 - Flammable liquids, containers, colors and markings.

1.Sales or purchases of gasoline or any other class I flammable liquids shall be made only in closed containers, red in color, clearly marked with the name of the product contained therein and constructed of metal or other approved material.

2.Sales or purchases of kerosene, diesel fuel, fuel oil, or any other class II combustible liquids shall be made only in containers clearly marked with the name of the product contained therein and constructed of metal or other approved material with a tight closure.

(L. 1987 S.B. 249)

Effective 1-01-88

414.570 - Assessment, amount — payment — late payment, charges — investment of funds — rulemaking authority.

1.The council shall set the initial assessment at no greater than one-tenth of one cent per gallon.Thereafter, annual assessments shall be sufficient to cover the costs of the plans and programs developed by the council and approved following public comment.The assessment shall not be greater than one-half cent per gallon of odorized propane.The assessment may not be raised by more than one-tenth of one cent per gallon annually.

2.The owner of propane immediately prior to odorization in this state or the owner at the time of import into this state of odorized propane shall be responsible for the payment of the assessment on the volume of propane at the time of import or odorization, whichever is later.Assessments shall be remitted to the council on a monthly basis by the twenty-fifth of the month following the month of collection.Nonodorized propane shall not be subject to assessment until odorized.

3.The council may by regulation establish an alternative means to collect the assessment if another means is found to be more efficient and effective.The council may by regulation establish a late payment charge and rate of interest not to exceed the legal rate for judgments to be imposed on any person who fails to remit to the council any amount due under sections 414.500 to 414.590.

4.Pending disbursement pursuant to a program, plan or project, the council may invest funds collected through assessments and any other funds received by the council only in obligations of the United States or any agency thereof, in general obligations of any state or any political subdivision thereof, in any interest-bearing account or certificate of deposit of a bank that is a member of the Federal Reserve System, or in obligations fully guaranteed as to principal and interest by the United States.

5.Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028.This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2012, shall be invalid and void.

(L. 1993 S.B. 178 § 8, A.L. 2012 H.B. 1251 merged with H.B. 1647)

414.560 - Selection of members — number of members, compensation, terms — chairman, president — budget — programs and projects — records — costs.

1.Upon issuance of an order by the director establishing the Missouri propane education and research council, the director shall select all members of the council from a list of nominees submitted by qualified industry organizations.The council shall make subsequent appointments and fill vacancies in unfinished terms following a public nomination process.The director may reject council appointments.

2.In making nominations and appointments to the council, the qualified industry organizations shall give due regard to selecting a council that is representative of the industry, and the geographic regions of the state.

3.The council shall consist of fifteen members, with nine members representing retail marketers of propane; three members representing wholesalers or resellers of propane; two members representing manufacturers and distributors of gas use equipment, wholesalers or resellers, or transporters; and one public member.Other than the public member, council members shall be full-time employees or owners of businesses in the industry.

4.Council members shall receive no compensation for their services, but shall be reimbursed for reasonable expenses incurred in the performance of their duties.

5.Council members shall serve terms of three years; except that of the initial members appointed, five shall be appointed for terms of one year, five shall be appointed for terms of two years and five shall be appointed for terms of three years.Members may be appointed to a maximum of two consecutive full terms.Members filling unexpired terms will not have any partial term of service count against the two-term limitation.Former members of the council may be reappointed to the council if they have not been members for a period of one year.

6.The council shall select from among its members a chairman and other officers as necessary, establish committees and subcommittees of the council, and adopt rules and bylaws for the conduct of business.The council may establish advisory committees of persons other than council members.

7.The council may employ a president to serve as chief executive officer and such other employees as it deems necessary.The council may enter into contracts with, use facilities and equipment of, or employ personnel of a qualified industry organization in carrying out its responsibilities under sections 414.500 to 414.590.It shall determine the compensation and duties of each, and protect the handling of council funds through fidelity bonds.

8.At least thirty days prior to the beginning of each fiscal period, the council shall prepare and submit for public comment a budget plan including the probable costs of all programs, projects and contracts and a recommended rate of assessment sufficient to cover such costs.The council shall approve or modify the budget following the public comment period.The director may reject the budget plan or modifications.

9.The council shall develop programs and projects and enter into contracts or agreements for implementing the policy of sections 414.500 to 414.590, including programs of research, development, education, and marketing, and for the payment of the costs thereof with funds collected pursuant to sections 414.500 to 414.590.The council shall coordinate its activities with industry trade associations to provide efficient delivery of services and to avoid unnecessary duplication of activities.

10.The council shall keep minutes, books, and records that clearly reflect all of the acts and transactions of the council and regularly report such information to the director.The books of the council shall be audited by a certified public accountant at least once each fiscal year and at such other times as the council may designate.Copies of such audit shall be provided to the director, all members of the council, all qualified industry organizations, and to other members of the industry upon request.

11.From assessments collected, the council shall annually reimburse the director for costs incurred in holding the referendum establishing the council and other expenses directly related to the council.

(L. 1993 S.B. 178 § 7, A.L. 2004 S.B. 1250, A.L. 2012 H.B. 1251 merged with H.B. 1647)

414.035 - Financial responsibility for fuel tank storage and piping — exceptions — rulemaking authority.

1.Any person who manufacturers an aboveground or underground fuel storage tank for use in this state, or piping for such tank, or who installs or repairs such tanks or piping in this state, shall maintain evidence of financial responsibility in an amount equal to or greater than one million dollars per occurrence and two million dollars annual aggregate for the costs of corrective action directly related to releases caused by improper manufacture, installation, or repair of such tank or piping.

2.The requirement set forth in subsection 1 of this section shall not apply to the installation or repairs of fuel tanks or piping by the owner or operator of such fuel tank or piping.

3.Evidence of financial responsibility shall be presented annually to the director of the department of agriculture.

4.The department of agriculture shall promulgate rules to implement the provisions of this section.

5.Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028.This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2006, shall be invalid and void.

(L. 2006 S.B. 1020)

414.540 - Prevention of violations, action of attorney general — civil penalty — cease and desist order — hearing.

1.The state courts are vested with jurisdiction specifically to enforce, and to prevent and restrain any person from violating, any provision of sections 414.500 to 414.590 or any regulation promulgated pursuant to sections 414.500 to 414.590.The facts relating to any civil action that may be brought under sections 414.500 to 414.590 shall be referred to the attorney general for appropriate action, except that nothing shall be construed as requiring the director to refer to the attorney general violations of sections 414.500 to 414.590 whenever the director believes that the administration and enforcement of the regulations would be adequately served by administrative action under subsection 2 of this section or suitable written notice or warning to any person committing the violations.

2.Any person who violates any provisions of sections 414.500 to 414.590 or regulations issued by the director under sections 414.500 to 414.590, or who fails or refuses to pay, collect or remit any assessment or fee required of the person thereunder, may be assessed a civil penalty by the director of not less than five hundred dollars nor more than five thousand dollars for each violation.Each violation shall be a separate offense.In addition, or in lieu of such civil penalty, the director may issue an order requiring the person to cease and desist from continuing the violation.No penalty shall be assessed nor a cease and desist order issued unless the person is given notice and opportunity for a hearing before the director with respect to the violation.The order of the director assessing a penalty or imposing a cease and desist order shall be final and conclusive unless the person affected by the order files a petition for review pursuant to chapter 536.Any person who fails to obey a cease and desist order after it has become final shall be subject to a civil penalty assessed by the director, after an opportunity for hearing before the director, of not more than five hundred dollars for each offense.Each day during which the failure continues shall be deemed a separate offense.If any person fails to pay an assessment of a civil penalty after it has become a final order, the director shall refer the matter to the attorney general for recovery of the amount assessed in any appropriate circuit court of the state.In such action, the validity and appropriateness of the final order imposing the civil penalty shall not be subject to review.

(L. 1993 S.B. 178 § 5)

414.415 - Percentage requirements, how state agencies to comply.

State agencies may meet the percentage requirements of sections 414.410 to 414.415 through purchase of original equipment manufactured alternative fuel vehicles or the conversion of vehicles, in accordance with federal and state requirements and applicable safety laws.Vehicles purchased pursuant to sections 414.410 to 414.415 shall not exceed the cost of conventional fuel vehicles of the same make and model by more than ten percent, using life cycle costing methods calculated pursuant to criteria in subsection 3 of section 414.400, except that vehicles purchased pursuant to sections 414.410 to 414.415 that are based for the life of the vehicle and used primarily in maintenance and nonattainment areas defined with regard to the National Ambient Air Quality Standards of the federal Clean Air Act, as amended, 42 U.S.C. 7401 et seq., shall not exceed such cost of conventional fuel vehicles of the same make and model by more than seventeen percent.The commissioner of administration in purchasing, leasing, maintaining or converting vehicles for alternative fuels use shall comply with all applicable safety standards promulgated by the United States Department of Transportation.

(L. 1991 H.B. 45 § 4 subsec. 7, A.L. 1998 S.B. 619)

Effective 1-01-99

414.550 - Director may conduct investigations — powers of director.

The director may make such investigations as the director deems necessary to carry out effectively the director's responsibilities under sections 414.500 to 414.590 or to determine whether a person has engaged or is engaging in any acts or practices that constitute a violation of any provision of sections 414.500 to 414.590 or of any regulation or plan issued under sections 414.500 to 414.590.For the purpose of any investigation, the director is empowered to administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence, and require the production of any books, papers, and documents which are relevant to the inquiry.Such attendance of witnesses and the production of any such records may be required from any place in the state.In case of contumacy by, or refusal to obey a subpoena issued to, any person, the director may seek enforcement thereof in the circuit court of proper venue.

(L. 1993 S.B. 178 § 6)

414.400 - Definitions — program for state fuel consumption reduction, fleet management and promotion of alternative fuels, University of Missouri, included duties — exceptions for certain vehicles.

1.As used in sections 414.400 to 414.417, the following terms mean:

(1)"Alternative fuel", any fuel, including any alcohol fuel containing eighty-five percent or more by volume of such alcohol or other such percentage not less than seventy percent if determined by the United States Department of Energy by rule to be necessary to provide for the requirements of cold start, safety, or vehicle functions, natural gas, liquefied petroleum gas, any fuel other than alcohol derived from biological materials when designated by the United States Department of Energy as an alternative fuel, and hydrogen, or any power source, including electricity, and any other fuel that the United States Department of Energy determines by final rule is substantially not petroleum and would yield substantial energy security and environmental benefits, used in a vehicle that complies with the standards and requirements applicable to such vehicle pursuant to sections 414.400 to 414.417 when using such fuel or power source;

(2)"CAFE standard", the federal Corporate Average Fuel Economy standard, 15 U.S.C. Section 2002* or 40 CFR Parts 86 and 600 or 49 CFR Part 538 or proposed rule 49 CFR Part 538 until such rule is finalized;

(3)"Department", the department of economic development;

(4)"Director", the director of the department of economic development;

(5)"State agency", the same meaning as such term is defined in section 536.010;

(6)"Vehicle fleet", any fleet comprised of vehicles with a manufacturer's gross vehicle weight rating of not more than eight thousand five hundred pounds registered for operation on the highways of this state pursuant to chapter 301.

2.The department in consultation with the commissioner of administration shall develop and implement a program to manage and progressively reduce state agency vehicle fleet fuel consumption and promote the use of alternative fuels.The program shall require state agencies to meet minimum guidelines for efficient fleet management.Such guidelines shall be updated and revised every two years and shall require the overall vehicle fleet fuel efficiency for each agency to meet or exceed the fuel efficiency that would be achieved if each vehicle in the agency's fleet met the CAFE standard.The department may promulgate rules necessary to implement such guidelines.Further, provided that suppliers or state agencies have or can reasonably be expected to have established alternative fuel refueling stations as needed, the program shall require that at least thirty percent of all motor fuel purchased annually for use in alternative fuel vehicles, calculated in gasoline gallon equivalents, to be alternative fuel by July 1, 2001.Any alternative fuel purchased by a state agency for use in vehicles not included in their vehicle fleet as defined in subsection 1 of this section, calculated in gasoline gallon equivalents, may be credited toward the annual alternative fuel purchase goal.The program shall systematically replace existing state-owned vehicles and vehicles paid for with any state money, including vehicles purchased by the university system, with vehicles manufactured, assembled or produced in the United States, as required by sections 34.350 to 34.359.

3.The commissioner of administration shall identify specific vehicle models within each vehicle procurement class that meet or exceed the CAFE standard.State agencies shall identify specific vehicle models within each vehicle procurement class that have a life cycle cost which is less than or equal to the average life cycle cost of those vehicles in the class which are manufactured, assembled or produced in the United States.Life cycle costs shall include but are not limited to the original cost of the vehicle, conversion cost if applicable, costs associated with vehicle emissions to the extent that such statistics are available, and projected cost of operation, including fuel cost and maintenance and salvage value to the extent that reliable maintenance and salvage value statistics are available.Unless a state agency submits to the department a fleet efficiency plan that complies with the minimum guidelines for energy efficiency established pursuant to subsection 2 of this section, or unless otherwise approved by the office of administration pursuant to subsection 4 of this section, all purchases of vehicles for state agency vehicle fleets shall meet the above standards.

4.The commissioner of administration may waive the CAFE standard requirements of subsection 3 of this section, for only those vehicles which satisfy one or more of the following conditions, for any state agency upon receipt of documentation that has been certified by the director of the state agency as satisfying one or more of the following conditions:

(1)Such vehicles are used primarily in off-road, construction, or road maintenance applications;

(2)Such vehicles are regularly used in the movement of maintenance or construction equipment;

(3)Such vehicles are trucks or utility vehicles as defined by the office of administration that are regularly used to transport trailers for the purpose of moving state equipment; or

(4)Such vehicles are vehicles with manufacturer-stated seating capacity exceeding that for six persons and the director of the agency has certified that the vehicle will be used to transport its rated capacity in persons and/or cargo.Agencies which are granted such waivers shall comply with the planning requirements of section 414.403.

5.The purchase of all class III vehicles, as defined by the office of administration, shall be approved through the appropriations process for all departments except the highway patrol.The provisions of this subsection shall not apply to the purchase of used vehicles from the highway patrol.

(L. 1991 H.B. 45 § 1, A.L. 1998 S.B. 619, A.L. 2018 S.B. 975 & 1024 Revision)

*Section 2002 was repealed July 5, 1994 (P.L. 103-272).

414.500 - Name of law.

Sections 414.500 to 414.590 shall be known and may be cited as the "Missouri Propane Education and Research Act".

(L. 1993 S.B. 178 § 1)

414.104 - Motor fuel vapor recovery fees, department of natural resource to set — preemption of local enforcement.

Notwithstanding any other law or rule to the contrary, only the department of natural resources shall set stage 1 and 2 motor fuel vapor recovery fees, including permit and construction fees, which shall be uniform across the state and which shall not be modified, expanded, or increased by political subdivisions or local enforcement agencies.

(L. 2011 S.B. 135 § 1)

414.300 - Labeling of motor fuel pumps, renewable fuels — rulemaking authority.

1.No later than January 1, 2016, the department of agriculture shall propose a rule regarding renewable fuels and the labeling of motor fuel pumps.

2.Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028.This section and chapter 536 are nonseverable, and if any of the powers vested with the general assembly under chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2015, shall be invalid and void.

(L. 2015 S.B. 12)

414.255 - Definitions — ethanol-blended gasoline required, when — exemptions — rulemaking authority — immunity from liability, when.

1.This section shall be known and may be cited as the "Missouri Renewable Fuel Standard Act".

2.For purposes of this section, the following terms shall mean:

(1)"Aviation fuel", any motor fuel specifically compounded for use in reciprocating aircraft engines;

(2)"Distributor", a person who either produces, refines, blends, compounds or manufactures motor fuel, imports motor fuel into a state or exports motor fuel out of a state, or who is engaged in distribution of motor fuel;

(3)"Fuel ethanol-blended gasoline", a mixture of ninety percent gasoline and ten percent fuel ethanol in which the fuel ethanol meets ASTM International Specification D4806, as amended.The ten percent fuel ethanol portion may be derived from any agricultural source;

(4)"Position holder", the person who holds the inventory position in motor fuel in a terminal, as reflected on the records of the terminal operator.A person holds the inventory position in motor fuel when that person has a contract with the terminal operator for the use of storage facilities and terminating services for motor fuel at the terminal.The term includes a terminal operator who owns motor fuel in the terminal;

(5)"Premium gasoline", gasoline with an antiknock index number of ninety-one or greater;

(6)"Price", the cost of the fuel ethanol plus fuel taxes and transportation expenses less tax credits, if any; or the cost of the fuel ethanol-blended gasoline plus fuel taxes and transportation expenses less tax credits, if any; or the cost of the unblended gasoline plus fuel taxes and transportation expenses less tax credits, if any;

(7)"Qualified terminal", a terminal that has been assigned a terminal control number (tcn) by the Internal Revenue Service;

(8)"Supplier", a person that is:

(a)Registered or required to be registered pursuant to 26 U.S.C. Section 4101, for transactions in motor fuels in the bulk transfer/terminal distribution system; and

(b)One or more of the following:

a.The position holder in a terminal or refinery in this state;

b.Imports motor fuel into this state from a foreign country;

c.Acquires motor fuel from a terminal or refinery in this state from a position holder pursuant to either a two-party exchange or a qualified buy-sell arrangement which is treated as an exchange and appears on the records of the terminal operator; or

d.The position holder in a terminal or refinery outside this state with respect to motor fuel which that person imports into this state.A terminal operator shall not be considered a supplier based solely on the fact that the terminal operator handles motor fuel consigned to it within a terminal.

"Supplier" also means a person that produces fuel grade alcohol or alcohol-derivative substances in this state, produces fuel grade alcohol or alcohol-derivative substances for import to this state into a terminal, or acquires upon import by truck, rail car or barge into a terminal, fuel grade alcohol or alcohol-derivative substances."Supplier" includes a permissive supplier unless specifically provided otherwise;

(9)"Terminal", a bulk storage and distribution facility which includes:

(a)For the purposes of motor fuel, is a qualified terminal;

(b)For the purposes of fuel grade alcohol, is supplied by truck, rail car, boat, barge or pipeline and the products are removed at a rack; and

(10)"Unblended gasoline", gasoline that has not been blended with fuel ethanol.

3.Except as otherwise provided under subsections 4 and 5 of this section, on and after January 1, 2008, all gasoline sold or offered for sale in Missouri at retail shall be fuel ethanol-blended gasoline.

4.If a distributor is unable to obtain fuel ethanol or fuel ethanol-blended gasoline from a position holder or supplier at the terminal at the same or lower price as unblended gasoline, then the purchase of unblended gasoline by the distributor and the sale of the unblended gasoline at retail shall not be deemed a violation of this section.The position holder, supplier, distributor, and ultimate vendor shall, upon request, provide the required documentation regarding the sales transaction and price of fuel ethanol, fuel ethanol-blended gasoline, and unblended gasoline to the department of agriculture and the department of revenue.All information obtained by the departments from such sources shall be confidential and not disclosed except by court order or as otherwise provided by law.

5.The following shall be exempt from the provisions of this section:

(1)Aviation fuel and automotive gasoline used in aircraft;

(2)Premium gasoline;

(3)E75-E85 fuel ethanol;

(4)Any specific exemptions declared by the United States Environmental Protection Agency; and

(5)Bulk transfers between terminals.

The director of the department of agriculture may by rule exempt or rescind additional gasoline uses from the requirements of this section.The governor may by executive order waive the requirements of this section or any part thereof in part or in whole for all or any portion of this state for reasons related to air quality.Any regional waiver shall be issued and implemented in such a way as to minimize putting any region of the state at a competitive advantage or disadvantage with any other region of the state.

6.The provisions of section 414.152 shall apply for purposes of enforcement of this section.

7.The department of agriculture is hereby authorized to promulgate rules to ensure implementation of, and compliance and consistency with, this section.Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028.This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2006, shall be invalid and void.

8.All terminals in Missouri that sell gasoline shall offer for sale, in cooperation with position holders and suppliers, fuel ethanol-blended gasoline, fuel ethanol, and unblended gasoline.Terminals that only offer for sale federal reformulated gasolines, in cooperation with position holders and suppliers, shall not be required to offer for sale unblended gasoline.

9.Notwithstanding any other law to the contrary, all fuel retailers, wholesalers, distributors, and marketers shall be allowed to purchase fuel ethanol from any terminal, position holder, fuel ethanol producer, fuel ethanol wholesaler, or supplier.In the event a court of competent jurisdiction finds that this subsection does not apply to or improperly impairs existing contractual relationships, then this subsection shall only apply to and impact future contractual relationships.

10.No refiner, supplier, terminal, wholesaler, distributor, retailer, or other vendor of motor fuel that contains or is blended with any amount of ethanol, biodiesel, or other renewable fuel or biofuel and that complies with labeling and motor fuel quality laws shall be liable for any property damages related to a customer's purchase of such motor fuel from the vendor so long as the selection of the motor fuel was made by the customer and not the vendor.No motor fuel that contains or is blended with any amount of ethanol, biodiesel, or other renewable fuel or biofuel shall be considered a defective product for the purposes of a claim for property damage if such motor fuel complies with motor fuel quality laws.

11.No motor vehicle manufacturer or motor vehicle dealer, including all dealers required to be licensed under sections 301.550 to 301.580, and no manufacturer or dealer of internal combustion engines or a product powered by an internal combustion engine except in cases of fraud or misrepresentation, shall be liable for any property damages related to a customer's purchase of a motor fuel containing or blended with any amount of ethanol, biodiesel, or other renewable fuel or biofuel from the fuel refiner, supplier, terminal, wholesaler, distributor, retailer, or other vendor of motor fuel if the selection and purchase of the motor fuel was made by the customer and does not comply with specific fuel recommendations found in the vehicle or products owner manual.

(L. 2006 H.B. 1270 & 1027, A.L. 2016 S.B. 657)

414.510 - Definitions.

As used in sections 414.500 to 414.590, the following terms mean:

(1)"Council", the Missouri propane education and research council created pursuant to section 414.530;

(2)"Director", the director of the division of energy of the department of economic development or the director's designee;

(3)"Education", any action to provide information on propane, propane use equipment, mechanical and technical practices, and propane uses to consumers and to members of the propane industry;

(4)"Manufacturers and distributors of LP-gas use equipment", any person or firm engaged in the manufacturing, assembling and marketing of appliances, containers and products used in the LP-gas industry, and those persons and firms in the wholesale marketing of appliances, containers and products used in the LP-gas industry;

(5)"Marketing", any action taken by the council to present positive information about propane to the public, including paid promotional advertising;

(6)"Person", any individual, group of individuals, partnership, association, cooperative, corporation, or any other entity;

(7)"Producer", the owner of the propane at the time it is recovered at a manufacturing facility, irrespective of the state where production occurs;

(8)"Propane" includes propane, butane, mixtures, and liquefied petroleum gas as defined by the National Fire Protection Association Standard 58 for the storage and handling of liquefied petroleum gases;

(9)"Public member", a member of the council selected from among significant users of odorized propane, organizations representing significant users of odorized propane, public safety officials, state propane gas regulatory officials, or voluntary standard-setting organizations;

(10)"Qualified industry organization", the National Propane Gas Association, the Missouri Propane Gas Association, the Gas Processors Association, or a successor association;

(11)"Research", any type of study, investigation or other activity designed to advance the image, desirability, usage, marketability, efficiency and safety of propane and propane use equipment, and to further the development of such information and products;

(12)"Retail marketer", a business engaged primarily in the selling of propane gas, its appliances and equipment to the ultimate consumer or to retail propane dispensers;

(13)"Transporter", any person involved in the commercial transportation of propane by pipeline, truck, rail or water;

(14)"Wholesaler" or "reseller", a seller of propane who is not a producer and who does not sell propane to the ultimate consumer.

(L. 1993 S.B. 178 § 2, A.L. 2018 S.B. 975 & 1024 Revision)

414.410 - Motor vehicle alternative fuel use plan to be developed by department of natural resources — powers and duties — state agency fleets of fifteen or more vehicles, time table for using alternative fuels.

1.The director shall develop a motor vehicle alternative fuel use plan.The director shall cooperate with state agency fleet operators, vehicle manufacturers and converters, fuel distributors and others to identify the types of vehicles which could be converted to alternative fuels.The director shall consider range, specialty uses, fuel availability, vehicle cost, vehicle manufacturing and conversion capability, safety, resale values, and other relevant factors.

2.The department shall recommend alternative fuels which state agencies and state universities may consider when purchasing vehicles.The department shall consider the content of vehicle exhaust emissions, the relative efficiency of the fuel, the relative efficiency of the processes required to produce the fuel and the characteristics of air emissions associated with the production of that fuel.It shall recommend for state use those alternative fuels which best satisfy the goals of energy conservation and emissions reduction.

3.Any state agency which operates a fleet of more than fifteen motor vehicles shall acquire vehicles capable of using alternative fuels as follows:

(1)At least ten percent of the agency's fleet vehicles acquired between July 1, 1994, and July 1, 1996;

(2)At least thirty percent of the agency's fleet vehicles acquired between July 1, 1996, and July 1, 1998; and

(3)At least fifty percent of the agency's fleet vehicles acquired between July 1, 1998, and July 1, 2000, and each biennial period thereafter.

If a state agency exceeds any such biennial acquisition goal, or has purchased vehicles capable of using alternative fuels before July l, 1994, such purchases may be credited to any future biennial acquisition goal.If a state agency has purchased vehicles capable of using alternative fuels but not included in their vehicle fleet as defined in subsection 1 of section 414.400, such purchases may be credited toward any biennial acquisition goal.If a state agency fails to meet a biennial acquisition goal, the commissioner of administration shall not authorize for such agency the purchase of any vehicle not capable of using alternative fuels until such acquisition goal is met, unless the director has reduced or waived the acquisition goal pursuant to subsection 1 of section 414.412.

(L. 1991 H.B. 45 § 4 subsecs. 1, 2, 3, A.L. 1998 S.B. 619)

Effective 1-01-99

414.082 - Inspection fees, rate determined by director of revenue — petroleum inspection fund created, fees deposited, uses, investment of moneys.

1.The fee for the inspection of gasoline, gasoline-alcohol blends, kerosene, diesel fuel, heating oil, aviation turbine fuel, and other motor fuels under this chapter shall be fixed by the director of revenue at a rate per barrel which will approximately yield revenue equal to the expenses of administering this chapter; except that, until December 31, 2016, the rate shall not exceed two and one-half cents per barrel, from January 1, 2017, through December 31, 2021, the rate shall not exceed four cents per barrel, and after January 1, 2022, the rate shall not exceed five cents per barrel.

2.Annually the director of the department of agriculture shall ascertain the total expenses for administering sections 414.012 to 414.152 during the preceding year, and shall forward a copy of such expenses to the director of revenue.The director of revenue shall fix the inspection fee for the ensuing calendar year at such rate per barrel, within the limits established by subsection 1 of this section, as will approximately yield revenue equal to the expenses of administering sections 414.012 to 414.152 during the preceding calendar year and shall collect the fees and deposit them in the state treasury to the credit of the "Petroleum Inspection Fund" which is hereby created.Beginning July 1, 1988, all expenses of administering sections 414.012 to 414.152 shall be paid from appropriations made out of the petroleum inspection fund.

3.The unexpended balance in the fund at the end of each fiscal year shall not be transferred to the general revenue fund of the state, and the provisions of section 33.080 relating to the transfer of funds to the general revenue fund of the state by the state treasurer shall not apply to this fund.

4.The state treasurer shall invest all sums in the petroleum inspection fund not needed for current operating expenses in interest-bearing banking accounts or United States government obligations in the manner provided by law.All yield, increment, gain, interest or income derived from the investment of these sums shall accrue to the benefit of, and be deposited within the state treasury to the credit of, the petroleum inspection fund.

(L. 1987 S.B. 249, A.L. 1993 S.B. 178, A.L. 2016 S.B. 657 merged with S.B. 665)

414.365 - Program established for biodiesel fuel use in MoDOT vehicles, goals, rules.

1.As used in this section, the following terms mean:

(1)"B-20", a blend of twenty percent by volume biodiesel fuel and eighty percent by volume petroleum-based diesel fuel;

(2)"Biodiesel", fuel as defined in ASTM standard PS121;

(3)"Incremental cost", the difference in cost between blended biodiesel fuel and conventional petroleum-based diesel fuel at the time the blended biodiesel fuel is purchased.

2.On or before October 1, 2003, the Missouri department of transportation shall develop a program that provides for the opportunity to use fuel with at least the biodiesel content of B-20 in its vehicle fleet and heavy equipment that use diesel fuel.Such program shall have the following goals, provided that such program and goals do not prohibit the department from generating and selling EPAct credits pursuant to section 414.407:

(1)On or before July 1, 2004, at least fifty percent of the department's vehicle fleet and heavy equipment that use diesel fuel shall use fuel with at least the biodiesel content of B-20, if such fuel is commercially available;

(2)On or before July 1, 2005, at least seventy-five percent of the department's vehicle fleet and heavy equipment that use diesel fuel shall use fuel with at least the biodiesel content of B-20, if such fuel is commercially available.

3.The blended biodiesel fuel shall be presumed to be commercially available if the incremental cost of such fuel is not more than twenty-five cents.

4.Nothing in this section is intended to create a state requirement for biodiesel fuel use in excess of the requirements of the federal National Energy Policy Act of 1992, Pub.L. 102-486; 42 U.S.C. 13251, 13257(o).

5.To the maximum extent practicable, the department shall obtain funding for the incremental cost of the blended biodiesel fuel from the biodiesel fuel revolving fund established in section 414.407.

6.The director of the Missouri department of transportation may promulgate any rules necessary to carry out the provisions of this section.No rule or portion of a rule promulgated pursuant to this section shall take effect unless it has been promulgated pursuant to chapter 536.

(L. 2002 S.B. 984 & 985)

414.530 - Propane education and research council creation, assessment upon odorized propane — procedure.

1.The director shall conduct a referendum as soon as possible among producers and Missouri retail marketers of propane to authorize the creation of the "Missouri Propane Education and Research Council" and the levying of an assessment on odorized propane.Upon approval of those persons representing two-thirds of the total gallonage of odorized propane voted in the retail marketer class and two-thirds of all propane voted in the producer class, meaning propane sold or produced in the previous calendar year or other representative period, the director shall issue an order establishing the council and call for nominations to the council from qualified industry organizations.All persons voting in the referendum shall certify to the director the number of gallons represented by their vote.

2.Upon petition of the council or of producers and marketers representing thirty-five percent of the gallons in each class, the director shall hold a referendum to determine whether the industry favors termination or suspension of the order.The termination or suspension shall not take effect unless it is approved by those persons representing more than one-half of the total gallonage of odorized propane in the marketer class and one-half of all propane in the producer class.

3.The director may require such reports or documentation as is necessary to document the referendum process and shall protect the confidentiality of all such documentation provided by industry members.Information regarding propane produced or marketed by persons voting shall be a closed record.

(L. 1993 S.B. 178 § 4, A.L. 2012 H.B. 1251 merged with H.B. 1647)

414.420 - Commission, created, members — purpose.

1.As used in this section, the term "alternative fuel" shall have the same meaning as in section 414.400.

2.There is hereby created the "Missouri Alternative Fuels Commission" composed of nine members, including two members of the senate of different political parties appointed by the president pro tem of the senate, two members of the house of representatives of different political parties appointed by the speaker of the house, and five other persons appointed by the governor, with the advice and consent of the senate.The members appointed by the governor shall be persons engaged in industries that produce alternative fuels, wholesale alternative fuels, or retail alternative fuels, and no more than two of such members shall represent an alternative fuel producer, retailer, or wholesaler and no more than three of such members shall be of the same political party.The members appointed by the governor shall be appointed for a term of four years.Vacancies in the membership of the commission shall be filled in the same manner as the original appointments.The commission shall elect a member of its own group as chairman at the first meeting, which shall be called by the governor.The commission shall meet at least four times in a calendar year at the call of the chairman.Members of the commission shall serve without compensation but shall be reimbursed for actual and necessary expenses incurred in the performance of their duties.

3.The commission shall:

(1)Make recommendations to the governor and general assembly on changes to state law to facilitate the sale and distribution of alternative fuels and alternative fuel vehicles;

(2)Promote the development, sale, distribution, and consumption of alternative fuels;

(3)Promote the development and use of alternative fuel vehicles and technology that will enhance the use of alternative and renewable transportation fuels;

(4)Educate consumers about alternative fuels, including but not limited to ethanol and biodiesel;

(5)Develop a long-range plan for the state to reduce consumption of petroleum fuels; and

(6)Submit an annual report to the governor and the general assembly.

(L. 1993 H.B. 611 § 1, A.L. 2007 S.B. 54)

Effective 1-01-08

414.520 - Promulgation of regulations.

Within one hundred eighty days after August 28, 1993, the director shall publish proposed regulations in the Missouri Register for implementation of the policies provided for in sections 414.500 to 414.590.After notice and opportunity for public comment as required by law, the director shall issue regulations which shall become effective not later than one hundred eighty days following publication of the proposed regulations.

(L. 1993 S.B. 178 § 3)

414.092 - Inspection fees — records, reports.

The director of revenue shall keep a record of each person paying an inspection fee and the fee record shall be open to inspection by the governor, or any person for him, as well as any other interested person.The director of revenue shall make a detailed report annually to the governor of all business transacted by his office, and shall provide such report to any other interested person.