1.1    .................... moves to amend H. F. No. 1300 as follows:
1.2Delete everything after the enacting clause and insert:

1.3    "Section 1. Minnesota Statutes 2006, section 239.75, subdivision 1, is amended to read:
1.4    Subdivision 1. Inspection to be made. The director shall:
1.5    (1) take samples, free of charge, of petroleum products wherever processed, blended,
1.6held, stored, imported, transferred, offered for sale or use, or sold in Minnesota, limiting
1.7each sample to one-half gallon;
1.8    (2) inspect and test petroleum product samples according to the methods of ASTM
1.9or other valid test methods adopted by rule, to determine whether the products comply
1.10with the specifications in section 239.761;
1.11    (3) inspect petroleum product storage tanks to ensure that the products are free
1.12from water and impurities;
1.13    (4) inspect and test samples submitted to the department by a licensed distributor,
1.14making the test results available to the distributor;
1.15    (5) inspect the labeling, price posting, and price advertising of petroleum product
1.16dispensers and advertising signs at businesses or locations where petroleum products are
1.17sold, offered for sale or use, or dispensed into motor vehicles;
1.18    (6) maintain records of all inspections and tests according to the records retention
1.19policies of the Department of Administration;
1.20    (7) delegate to division personnel, at the director's discretion, any or all of the
1.21responsibilities, duties, and powers in sections 239.75 to 239.80;
1.22    (8) publish test data and information to assist persons who use, produce, distribute,
1.23or sell petroleum-based heating and engine fuels;
1.24    (9) audit the records of any person responsible for the product to determine
1.25compliance with sections 239.75 to 239.792;
2.1    (10) after consulting with the commissioner, grant a temporary exemption from the
2.2gasoline-ethanol blending requirements in section 239.791 if the supply of ethanol is
2.3insufficient to produce gasoline-ethanol blends; and
2.4    (11) after consulting with the commissioner, grant a temporary exemption from the
2.5diesel-biodiesel blending requirements in section 239.77, if the supply of biodiesel is
2.6insufficient to produce diesel-biodiesel blends; and
2.7    (11) (12) adopt, as an enforcement policy for the division, reasonable margins of
2.8uncertainty for the tests used to determine compliance with the specifications in section
2.9239.761 , the oxygen percentages in section 239.791, and the octane requirements in
2.10section 239.792 and apply the margins of uncertainty to only tests performed by the
2.11division, not by adding the margins to uncertainties in tests performed by any person
2.12responsible for the product.

2.13    Sec. 2. [239.754] NOTIFICATION OF PRODUCT UNAVAILABILITY;
2.14TERMINAL OPERATORS.
2.15    A person who operates a terminal where petroleum products are loaded into
2.16transport trucks for subsequent distribution, shall notify the director when regular grade
2.17gasoline, number 1 diesel, number 2 diesel, kerosene, heating oil, ethanol, and biodiesel
2.18are physically not available for sale to licensed distributors.

2.19    Sec. 3. Minnesota Statutes 2006, section 239.80, subdivision 1, is amended to read:
2.20    Subdivision 1. Violations; actions of department. (a) The director, or any
2.21delegated employee shall use the methods in section 239.75 to enforce sections 239.10;
2.22239.101, subdivision 3 ; 239.761; 239.77; 239.79; 239.791; and 239.792.
2.23    (b) The director or any delegated employee may waive a penalty for a violation
2.24under section 239.77 or 239.791 on a retailer when ethanol or biodiesel are not available
2.25at a pipeline or refinery to meet the blending requirements of this chapter, and the terminal
2.26has had ethanol or biodiesel blended products available to the licensed distributor for 20 of
2.27the previous 30 days. The director or delegated employee shall use the reports required
2.28in section 239.754 or other available information in making a determination under this
2.29paragraph. The commissioner shall work with the commissioner of agriculture, biodiesel
2.30producers, ethanol producers, pipeline operators, and terminal operators, to ensure that
2.31biodiesel and ethanol are available for blending at pipeline and refinery terminals where
2.32diesel fuel and gasoline are sold and destined for use in Minnesota.

2.33    Sec. 4. Minnesota Statutes 2006, section 239.80, subdivision 2, is amended to read:
3.1    Subd. 2. Penalty. A person who fails to comply with any provision of section
3.2239.10 ; 239.101, subdivision 3; 239.761; 239.77; 239.79; 239.791, subdivisions 1 to 11;
3.3or 239.792, is guilty of a misdemeanor."
3.4Delete the title and insert:
3.6relating to motor fuels; requiring notice for unavailability of motor fuels;
3.7providing for a waiver of the penalty for retailers who do not carry ethanol or
3.8biodiesel blends under certain circumstances;amending Minnesota Statutes
3.92006, sections 239.75, subdivision 1; 239.80, subdivisions 1, 2; proposing coding
3.10for new law in Minnesota Statutes, chapter 239."