SB 109 – AS INTRODUCED

2013 SESSION

13-0956

08/10

SENATE BILL 109

AN ACT relative to liability for the use of ethanol-enhanced motor fuel.

SPONSORS: Sen. Sanborn, Dist 9; Sen. Boutin, Dist 16; Sen. Bradley, Dist 3; Sen. Carson, Dist 14; Sen. Cataldo, Dist 6; Sen. Fuller Clark, Dist 21; Sen. Odell, Dist 8; Sen. Reagan, Dist 17; Sen. Watters, Dist 4

COMMITTEE: Judiciary

ANALYSIS

This bill protects gasoline distributors and dealers from certain liabilities so long as they are selling fuel blended according to federal requirements.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

13-0956

08/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Thirteen

AN ACT relative to liability for the use of ethanol-enhanced motor fuel.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Section; Liability; Ethanol-Enhanced Motor Fuel. Amend RSA 339-B by inserting after section 8 the following new section:

339-B:8-a Liability; Ethanol-Enhanced Motor Fuel.

I. “Blender” means any person who blends blend stock with gasoline or who sells or distributes blend stock for the purpose of being blended with gasoline.

II. “Blend stock” means ethanol, methanol or any other products blended with gasoline to produce motor fuel.

III. A distributor, blender, or retail dealer shall not be liable for damages caused by the use of motor fuel containing more than 10 percent ethanol sold, consigned or distributed by that distributor, blender, or retail dealer if the sale, consignment, or distribution of that motor fuel is in accordance with federal law and the fuel is a transportation fuel or fuel additive that has received a waiver for introduction into interstate commerce by the Administrator of the United States Environmental Protection Agency pursuant to 42 United States Code, section 7545(f)(4).

2 Effective Date. This act shall take effect 60 days after its passage.