Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Technology, Energy & Communications Committee

HB 1903

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Brief Description: Regarding marine and aviation fuel.

Sponsors: Representatives Crouse, McCoy, Eddy, Armstrong and McCune.

Brief Summary of Bill

  • Requires all fuel distribution terminals to make available conventional unleaded gasoline in sufficient quantities for end-use in marine and aviation applications.

Hearing Date: 2/12/09

Staff: Scott Richards (786-7156)

Background:

Minimum Renewable Fuel Content Requirement

In 2006 the Legislature enacted minimum renewable fuel content requirements for biodiesel and ethanol. Beginning on December 1, 2008, certain fuel licensees must provide evidence to the Department of Licensing that at least 2 percent of the total annual diesel and gasoline sold in Washington is biodiesel and ethanol.

Approximately 70 percent of Washington's refinery output is consumed in-state. The remainder is consumed mostly in California and Oregon. Due to regional and national renewable fuel content requirements, gasoline sold in Washington may contain up to 10 percent ethanol.

Summary of Bill:

Conventional unleaded gasoline must be made available at all distribution terminals in quantities sufficient in Washington for end-use in marine and aviation applications. The Director of Licensing is responsible for determining the appropriate amount of conventional unleaded gasoline to be made available.

"Conventional unleaded gasoline" means gasoline with an octane rating of not less than 87 that has not been blended or otherwise combined with ethanol or denatured alcohol.

Retailers and distributors of marine and aviation fuel are held harmless and have an absolute defense in any action brought by an end-user if the fuel delivered to the end-user contains ethanol or denatured alcohol and the retailer or distributor did not have direct access to conventional unleaded gasoline when taking delivery from the fuel supplier.

Appropriation: None.

Fiscal Note: Requested on February 5, 2009.

Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.