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ACT OF THE GENERAL ASSEMBLY 2007-2008

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NO. 55.  AN ACT RELATING TO AUTHORIZING THE USE OF RACING FUEL CONTAINING THE ADDITIVE MTBE OR OTHER GASOLINE ETHERS.

(S.143)

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1.  10 V.S.A. § 577 is amended to read:

§ 577.  PROHIBITION ON ADDITION OF GASOLINE ETHERS TO FUEL
PRODUCTS

(a)  Effective January 1, 2007, no person shall knowingly sell at retail in this state, sell for use in this state, or store in an underground or aboveground storage tank in this state any fuel product that contains a gasoline ether in a quantity greater than one‑half of one percent per volume unless authorized under subsection (c) of this section.  Nothing in this subsection shall be interpreted to prohibit the transshipment of a fuel product containing a gasoline ether in a quantity greater than one‑half of one percent per volume through the state for disposition outside the state.  Transshipment does not include the storage of a fuel product coincident to shipment.

(b)  As used in this section:

(1)  “Ether” means an organic compound formed by the treatment of an alcohol with a dehydrating agent resulting in two organic radicals joined by an oxygen atom.

(2)  “Fuel product” means gasoline, reformulated gasoline, benzene, benzol, diesel fuel, kerosene, or any other volatile and inflammable liquid that is produced, compounded, offered for sale, or used to generate power in an internal combustion engine.

(3)  “Gasoline ether” means any ether added to a fuel product, including methyl tertiary butyl ether (MTBE), tertiary amyl methyl ether (TAME), di‑isopropyl ether (DIPE), and ethyl butyl ether (ETBE).  “Gasoline ether” shall not include prepackaged goods intended for retail use, including starting fluid and octane booster.

(4)  “Motor vehicle” means all vehicles propelled or drawn by power other than muscular power, except farm tractors, vehicles running only upon stationary rails or tracks, motorized highway building equipment, road‑making appliances, snowmobiles, motorcycles, all‑terrain vehicles, tracked vehicles, or electric personal assistive mobility devices.

(5)  “Race” means a race or contest on an oval track permitted under section 4802 of Title 26 involving a motor vehicle at which prizes or other consideration is awarded to participants or admission is charged to spectators.  However, this subdivision shall not apply to sports car events as that term is defined in section 4801 of Title 26.

(c)  A fuel product used by a motor vehicle in a race may contain a gasoline ether and may be sold at retail or sold at wholesale for use in a race in the state, provided that it is sold in prepackaged drums, pails, or containers.

Sec. 2.  10 V.S.A. § 579 is added to read:

§ 579.  VEHICLE EMISSIONS LABELING PROGRAM FOR NEW
MOTOR VEHICLES

(a)  The secretary of natural resources, in consultation with the commissioner of motor vehicles, shall establish, by rule, a vehicle emissions labeling program for new motor vehicles sold or leased in the state with a model year of 2010 or later.  The rules adopted under this section shall require automobile manufacturers to install the labels.

(b)  Vehicle emissions labels under this program shall include the vehicle’s emissions score.  The label required by subsection (a) of this section and the vehicle score included in the label shall be consistent with the labels and information required by other states, including the California motor vehicle greenhouse gas and smog index label and any revisions thereto.  A label that complies with the requirements of the California vehicle labeling program shall be deemed to meet the requirements of this section and the rules adopted thereunder for the content of labels.

(c)  The vehicle emissions label shall be affixed to the vehicle in a clearly visible location, as set forth by the secretary of natural resources in rule.

(d)  On or after the effective date of the rules adopted under subsection (a) of this section, no new motor vehicle shall be sold or leased in the state unless a vehicle emissions label that meets the requirements of this section and the rules adopted thereunder is affixed to the vehicle except in the case of a trade of a new motor vehicle by a Vermont dealer, as that term is defined in 23 V.S.A. § 4(8), with a dealer from another state that does not have a similar labeling law, provided that the motor vehicle involved in the trade is sold within 30 days of the trade.

(e)  As used in this section, “motor vehicle” means all passenger cars, light duty trucks with a gross vehicle weight of 8500 pounds or less, and medium duty passenger vehicles with a gross vehicle weight of less than 10,000 pounds that are designed primarily for the transportation of persons. 

Sec. 3.  EFFECTIVE DATE

(a)  This section and Secs. 1 (MTBE in racing fuel) and 2 (vehicle emissions labeling program) of this act shall take effect upon passage.

(b)  The rules required by 10 V.S.A. § 579 shall take effect for new motor vehicles with model year 2010 or at such time as the California motor vehicle greenhouse gas labeling specifications are implemented, whichever is later.

Approved:  May 29, 2007



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us