S-1101               _______________________________________________


                                                   SENATE BILL NO. 5496



State of Washington                               51st Legislature                              1989 Regular Session


By Senators Bender, Madsen, McMullen, Hansen, Conner and DeJarnatt



Read first time 1/26/89 and referred to Committee on   Transportation.



AN ACT Relating to motor fuel inspections; adding a new chapter to Title 19 RCW; prescribing penalties; making an appropriation; and providing an effective date.




          NEW SECTION.  Sec. 1.  It is desired that there should be uniformity among the requirements of the several states.  This chapter provides for the establishment of quality specifications for all liquid motor fuels, except aviation fuel and liquefied petroleum gases, and establishes a sampling, testing, and enforcement program.


          NEW SECTION.  Sec. 2.     As used in this chapter:

          (1) "Motor fuel" means any liquid product used for the generation of power in an internal combustion engine.

          (2) "Director" means the director of agriculture.


          NEW SECTION.  Sec. 3.     This chapter shall be administered by the director or his or her authorized agent.  For the purpose of administering this chapter, the standards set forth in the Annual Book of ASTM Standards and supplements thereto, and revisions thereof, are adopted except as amended or modified by the director.  The director may adopt rules on the advertising, posting of prices, labeling, standards for, and identity of motor fuels and may establish a testing laboratory.


          NEW SECTION.  Sec. 4.     The director may:

          (1) Enforce and administer this chapter by inspections, analyses, and other appropriate actions;

          (2) Have access during normal business hours to all places where motor fuels are marketed for the purpose of examination, inspection, taking of samples, and investigation.  If access is refused by the owner or agent or other persons leasing the same, the director or his or her agent may obtain an administrative search warrant from a court of competent jurisdiction;

          (3) Collect or cause to be collected, samples of motor fuels marketed in this state, and cause such samples to be tested or analyzed for compliance with this chapter;

          (4) Issue a stop-sale order for any motor fuel found not to be in compliance and  rescind the stop-sale order if the motor fuel is brought into compliance with this chapter;

          (5) Refuse, revoke, or suspend the registration of a motor fuel;

          (6) Delegate to authorized agents any of the responsibilities for the proper administration of this chapter;

          (7) Establish a motor fuel testing laboratory.


          NEW SECTION.  Sec. 5.     All motor fuel shall be registered by the name, brand, or trademark under which it will be sold.  Registration shall include:

          (1) The name and address of the person registering the motor fuel;

          (2) The antiknock index or cetane number, as appropriate, at which the motor fuel is to be marketed;

          (3) A certification, declaration, or affidavit that each individual grade or type of motor fuel shall conform to this chapter.


          NEW SECTION.  Sec. 6.     It is unlawful to:

          (1) Market motor fuels in any manner that may deceive or tend to deceive the purchaser as to the nature, price, quantity, and quality of a motor fuel;

          (2) Fail to register a motor fuel;

          (3) Submit incorrect, misleading, or false information regarding the registration of a motor fuel;

          (4) Hinder or obstruct the director, or his or her authorized agent, in the performance of his or her duties;

          (5) Market a motor fuel that is contrary to this chapter.


          NEW SECTION.  Sec. 7.     Any person who violates any provision of this chapter or rules adopted under it is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than one thousand dollars or imprisonment for not more than one year, or both.


          NEW SECTION.  Sec. 8.     The director may apply to any court of competent jurisdiction for a temporary or permanent injunction restraining any person from violating any provision of this chapter.


          NEW SECTION.  Sec. 9.     This chapter is in addition to any requirements under chapter 19.94 RCW.


          NEW SECTION.  Sec. 10.    If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.


          NEW SECTION.  Sec. 11.    Sections 1 through 9 of this act shall constitute a new chapter in Title 19 RCW and may be cited as the Motor Fuel Quality Act.


          NEW SECTION.  Sec. 12.    The sum of two million dollars, or so much thereof as may be necessary, is appropriated from the general fund to the department of agriculture for the fiscal biennium ending June 30, 1991, to establish a motor fuel quality testing and enforcement program and a testing laboratory.


          NEW SECTION.  Sec. 13.    This act shall take effect July 1, 1990.