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JJR S02399'25 *_SB1076_INTR_1 di8vmz
SENATE BILL NO. 1076
A bill to amend 1984 PA 44, entitled
"Motor fuels quality act,"
by amending sections 2, 3, 4, 4a, 5, 6, 7, 10a, and 10d (MCL
290.642, 290.643, 290.644, 290.644a, 290.645, 290.646, 290.647,
290.650a, and 290.650d), sections 2, 4a, 5, and 7 as amended by
2006 PA 271, section 3 as amended by 2008 PA 313, section 4 as
amended by 2003 PA 116, section 6 as amended by 2018 PA 308,
section 10a as amended by 2002 PA 13, and section 10d as amended by
2006 PA 104, and by adding sections 4b, 7a, and 7b; and to repeal
acts and parts of acts.
June 24, 2026, Introduced by Senator SHINK and referred to Committee on Energy and
Environment.
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THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2. As used in this act: 1
(a) "Additive" means any substance in gasoline other than 2
gasoline but does not include approved blending components, other 3
than lead, sodium, and phosphate components, introduced at 4
refineries or terminals as octane or product quality enhancers in 5
quantities of less than 1% of volume. 6
(b) "Alcohol" means a volatile, flammable liquid that has the 7
general formula CnH2n+1OH, that is used or sold for the purpose of 8
blending or mixing with gasoline for use in motor vehicles, and 9
that is commonly or commercially known or sold as an alcohol, 10
including ethanol, isobutanol, or methanol. 11
(c) "Antiknock index" or "AKI" means an index number arrived 12
at by adding the motor octane number and the research octane 13
number, then dividing by 2. 14
(d) (b) "American society for testing and materials" "ASTM 15
International" means an the international nonprofit scientific, and 16
educational, society devoted to and technical organization founded 17
for the promotion of knowledge of the materials of engineering and 18
the standardization of specification and methods of testing and 19
formerly known as the American Society for Testing and Materials. 20
(c) "Antiknock index" or "AKI" means an index number arrived 21
at by adding the motor octane number and the research octane 22
number, then dividing by 2. 23
(e) (d) "Biodiesel" means a fuel composed of mono-alkyl esters 24
of long chain fatty acids derived from vegetable oils or animal 25
fats, and, in accordance with standards specified by the American 26
society for testing and materials, ASTM International, designated 27
B100, and meeting the requirements of D-6751, as approved by the 28
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department. 1
(f) (e) "Biodiesel blend" means a fuel comprised of a blend of 2
biodiesel fuel with petroleum-based diesel fuel, suitable for use 3
as a fuel in a compression-ignition internal combustion diesel 4
engine. 5
(f) "Blender" means a person who as an individual or through 6
his or her agent adds an oxygenate to a gasoline. 7
(g) "Biomass-based diesel" means a diesel fuel substitute 8
produced from nonpetroleum renewable resources that meets the 9
registration requirements for fuels and fuel additives established 10
by the E.P.A. under 42 USC 7545, and includes fuel derived from 11
animal wastes, including animal fat and poultry wastes and other 12
waste materials, or from solid waste, sludge, and oils derived from 13
municipal wastewater. Biomass-based diesel includes renewable 14
diesel, but does not include biodiesel. 15
(h) (g) "Bulk purchaser-end user" means a person who is an 16
ultimate consumer of gasoline and receives delivery of gasoline 17
into a storage tank of at least 550-gallon capacity substantially 18
under his or her that person's control. 19
(h) "CARB" means the California air resources board. 20
(i) "Cosolvent" means an alcohol, other than ethanol or 21
methanol, that is blended with either ethanol or methanol, or both, 22
to minimize phase separation in gasoline. 23
(j) (i) "Delivery vessel" means a tank truck, tank equipped 24
trailer, or a similar vessel used for the delivery of gasoline to a 25
dispensing facility. 26
(k) (j) "Department" means the department of agriculture and 27
rural development. 28
(l) (k) "Diesel fuel" means any liquid other than gasoline that 29
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is suitable for use as a fuel or a component of a fuel in a 1
compression-ignition internal combustion diesel engine. 2
(m) (l) "Director" means the director of the department of 3
agriculture or his or her the director's authorized representative. 4
(n) (m) "Dispensing facility" means a site used for gasoline 5
refueling. 6
(o) (n) "Dispensing unit" means a device designed for the 7
delivery of gasoline in which 1 nozzle equates to 1 dispensing 8
unit. 9
(p) (o) "Distributor" means a person who purchases, 10
transports, or stores or causes the transportation or storage of 11
gasoline at any point between a gasoline refinery and a retail 12
outlet or bulk purchaser-end user facility. 13
(q) (p) "E.P.A." means the United States environmental 14
protection agency.Environmental Protection Agency. 15
(r) "Ethanol" means ethyl alcohol, a flammable liquid having 16
the formula C2H5OH that is used or sold for the purpose of blending 17
or mixing with gasoline for use in motor vehicles. 18
(s) "Ethanol flex fuel" means an alcohol-based fuel. 19
(t) (q) "Gasoline" means a volatile mixture of liquid 20
hydrocarbons generally containing small amounts of additives 21
suitable for use in spark-ignition internal combustion engines, and 22
commonly or commercially known or sold as gasoline. 23
(u) (r) "Hydrogen fuel" means a substance containing the 24
chemical formula H-->subscript<--2-->subscript<-- H2 that exists as 25
a colorless, odorless, and highly flammable gas, except at low 26
cryogenic temperatures or when highly compressed, and that is 27
gaseous or liquefied and is suitable for use in a fuel cell or 28
hydrogen fuel vehicle. 29
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(v) (s) "Leak" means liquid or vapor loss from the gasoline 1
dispensing system or stage I vapor-recovery system as determined by 2
visual inspection or functional testing. 3
(w) "Methanol" means methyl alcohol, a flammable liquid having 4
the formula CH3OH that is used or sold for the purpose of blending 5
or mixing with gasoline for use in motor vehicles. 6
(x) (t) "Modification" means any change, removal, or addition, 7
other than an identical replacement, of any component contained 8
within a stage I vapor-recovery system. The resultant modification 9
must constitute an approved vapor-recovery system. 10
(y) "Motor fuel" means a fuel suitable for use in a vehicle 11
that is propelled by an internal combustion engine or motor and is 12
designed to permit the vehicle to operate on public roadways or 13
waterways. Motor fuel includes, but is not limited to, diesel fuel, 14
biomass-based diesel fuel, ethanol flex fuel, gasoline, biodiesel, 15
biodiesel blends, renewable diesel, and hydrogen fuel. 16
(z) "Motor fuel storage tank" means a stationary storage 17
system used for motor fuel. 18
(aa) (u) "Motor octane number" or "MON" means a knock 19
characteristic of gasoline determined by use of standard procedures 20
on a motor engine. 21
(bb) (v) "Operator" means a person who owns, leases, operates, 22
manages, supervises, or controls, directly or indirectly, a 23
gasoline-dispensing facility. 24
(cc) (w) "Oxygenate" means an oxygen-containing, ashless, 25
organic compound, such as alcohol or ether, that may be used as 26
fuel or fuel supplement. 27
(dd) (x) "Person" means an individual, sole proprietorship, 28
partnership, corporation, association, or other legal entity. 29
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(ee) "PSI" means pounds per square inch. 1
(ff) "Recreational gasoline" means an alcohol-free gasoline 2
primarily used in small engines, off-road vehicles, and marine 3
equipment. 4
(gg) (y) "Refiner" means a person who owns, leases, operates, 5
or controls , or supervises a refinery. 6
(hh) (z) "Refinery" means a plant at which gasoline is 7
produced. 8
(ii) "Reformulated gasoline" means gasoline that fully 9
satisfies the federal specifications for reformulated gasoline 10
under 42 USC 7545. 11
(jj) (aa) "Research octane number" or "RON" means a knock 12
characteristic of gasoline determined by use of standard procedures 13
on a research engine. 14
(kk) (bb) "Retail dealer" means a person who owns, leases, 15
operates, controls, or supervises a retail outlet. 16
(ll) (cc) "Retail outlet" means an establishment at which motor 17
fuel is sold or offered for sale to the public. 18
(mm) (dd) "Rule" means a rule promulgated pursuant to the 19
administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 20
24.328. 21
(nn) (ee) "Stage I vapor-recovery system" means a vapor tight 22
collection system that is approved by the department and is 23
designed to capture the gasoline vapors displaced during delivery 24
into a stationary storage tank and to return not less than 90% of 25
the displaced vapors to the delivery vessel. 26
(oo) "Vapor pressure" means the vapor pressure of gasoline or 27
gasoline oxygenate blends, specified by ASTM International standard 28
D4814-25a, "Standard Specification for Automotive Spark-Ignition 29
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Engine Fuel". 1
Sec. 3. (1) The director shall establish standards pursuant to 2
this act to ensure the purity and quality of gasoline and diesel 3
fuel sold or offered for sale in this state.Except as otherwise 4
provided in this section, or until a more recent standard is 5
adopted under subsection (6), the following ASTM International 6
standards apply to gasoline, ethanol flex fuel, diesel fuel, 7
biomass-based diesel fuel, biodiesel, or biodiesel blends, as 8
applicable, that are sold or offered for retail sale in this state: 9
(a) D4806-25a, "Standard Specification for Denatured Fuel 10
Ethanol" (2025). 11
(b) D4814-25, "Standard Specification for Automotive Spark-12
Ignition Engine Fuel" (2025). 13
(c) D5798-21, "Standard Specification for Ethanol Fuel Blends 14
for Flexible-Fuel Automotive Spark-Ignition Engines" (2021). 15
(d) D6751-24, "Standard Specification for Biodiesel Fuel 16
Blend-stock (B100) for Middle Distillate Fuels" (2024). 17
(e) D975-24a, "Standard Specification for Diesel Fuel" (2024). 18
(f) D7467-23, "Standard Specification for Diesel Fuel Oil, 19
Biodiesel Blend (B6 to B20)" (2023). 20
(2) The director shall establish standards for the amount and 21
type of additives allowed to be included in gasoline and diesel 22
fuel.If gasoline is blended with ethanol, the ethanol must meet the 23
requirements of ASTM International standard D4806-25a and the blend 24
must meet the requirements of ASTM International standard D4814-25, 25
except that the maximum vapor pressure may exceed the limits in 26
ASTM International standard D4814-25, by not more than either of 27
the following: 28
(a) 1.0 pound per square inch for blends containing 9% to 10% 29
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ethanol by volume from June 1 through September 15. 1
(b) 1.0 pound per square inch for blends containing 1% or more 2
ethanol by volume for volatility classes A, B, C, D, and E from 3
September 16 through May 31. 4
(3) The director shall establish standards for the grading of 5
gasoline, including, but not limited to, subregular with a minimum 6
85 AKI, all of the following: 7
(a) regular Regular, with a minimum 87 87.0 AKI and a minimum 8
82 82.0 MON. , midgrade 9
(b) Midgrade 88, with a minimum 88 88.0 AKI and a minimum 82 10
82.0 MON. , midgrade 11
(c) Midgrade 89, with a minimum 89 89.0 AKI and a minimum 83 12
83.0 MON. , premium 13
(d) Premium 90, with a minimum 90 90.0 AKI. , premium 14
(e) Premium 91, with a minimum 91 91.0 AKI. , premium 15
(f) Premium 92, with a minimum 92 92.0 AKI. , premium 16
(g) Premium 93, with a minimum 93 93.0 AKI. , and premium 17
(h) Premium 94, with a minimum 94 94.0 AKI. 18
(4) Special grades of motor fuel may be offered for sale if 19
listed with and approved by the department. To apply for listing, 20
the refiner or blender shall provide the department with the motor 21
fuel brand name, the grade specifications, and a copy of the 22
complete test results for all applicable standards specified in 23
this act and others as required by the department. All of the 24
following apply to a listing described in this subsection: 25
(a) All motor fuels that do not meet the ASTM International 26
standards listed in subsection (1) must be registered with the 27
director on forms prescribed by the director not less than 30 days 28
before the registrant engages in sales. The registration form must 29
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include all of the following information for the registrant: 1
(i) Business name and all business addresses in this state. 2
(ii) Mailing address if different from the business address. 3
(iii) The type of legal entity that owns the distributor or 4
retail dealer, including, but not limited to, an individual, 5
partnership, association, trust, corporation, or any other legal 6
entity or combination of legal entities. 7
(iv) An authorized signature, title, and date for each 8
registration. 9
(v) The product brand name and product description. 10
(vi) A product specification form approved by the department. 11
(vii) If the motor fuel is marketed under a waiver granted by 12
the E.P.A., the registration must include the regulatory citation 13
number or other acceptable proof of a valid waiver. 14
(viii) If requested by the department, a complete list of names 15
of businesses to which the product is being delivered or from which 16
the product is being offered for sale. Information provided under 17
this subparagraph is not subject to disclosure under the freedom of 18
information act, 1976 PA 442, MCL 15.231 to 15.246. 19
(b) Registration is subject to annual renewal and expires 1 20
year from the date of issuance. All previous listings and 21
registrations with the department are rescinded 30 days after the 22
effective date of the amendatory act that added this subsection. 23
(c) Reregistration is required not less than 30 days before 24
any changes are made to the information described in subdivision 25
(a). 26
(d) The director may decline to register any product that 27
actually or by implication would deceive or tend to deceive a 28
purchaser as to the product's identity. 29
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(5) (4) The director shall establish standards adopt 1
requirements for vapor pressure as specified by the American 2
society for testing and materials, by adopting the ASTM 3
International standards listed in subsection (1), except as 4
otherwise required to conform to federal or state law. 5
Notwithstanding anything to the contrary in section 10d, the 6
director shall establish the vapor pressure as 9.0 pounds per 7
square inch (psi) for retail outlets during the period beginning 8
June 1 through September 15 of each year, except for dispensing 9
facilities in counties where the director establishes the vapor 10
pressure as 7.0 psi. or 7.8 psi in the year 2007 and thereafter. As 11
used in this act, "vapor pressure" means the vapor pressure of 12
gasoline or gasoline oxygenate blend as determined by ASTM test 13
method D6378 or D5191 or an ASTM method approved by the department. 14
(6) (5) In establishing additive and grading standards the The 15
director shall adopt the latest standards for gasoline established 16
by the American society for testing and materials ASTM 17
International and shall adopt the latest standards for gasoline 18
established by federal law or regulation. The standards established 19
by the director shall not prohibit a gasoline blend that is 20
permitted by a valid waiver granted by the United States 21
environmental protection agency E.P.A. pursuant to the fuel or fuel 22
additive waiver in section 211(f)(4) of part A of title II of the 23
clean air act, 42 USC 7545, and the ethanol waiver of 1.0 psi in 24
section 211(h)(4) of part A of title II of the clean air act, 42 25
USC 7545, if the gasoline blend meets all of the conditions set 26
forth in the waiver. Beginning June 1, 2003, the The director shall 27
not permit the use of the additive methyl tertiary butyl ether 28
(MTBE) in this state. 29
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(6) The director shall establish standards pursuant to this 1
act to ensure the purity and quality of diesel fuel sold or offered 2
for sale in this state. No later than June 1, 2009, the director 3
shall make available for public comment proposed standards to 4
ensure the purity and quality of diesel fuel that is biodiesel or a 5
biodiesel blend, including, but not limited to, a biodiesel blend 6
designated as B20. 7
(7) Any firm offering hydrogen fuel for sale in this state 8
shall must first register with and obtain approval from the 9
department. Registration shall must include a complete list of the 10
fuel specifications the product is to meet and the sites where the 11
product is offered for sale to the general public. 12
(8) Standards established or adopted pursuant to this section 13
shall be by rules promulgated pursuant to the administrative 14
procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328. 15
Sec. 4. (1) A retail dealer shall not transfer, sell, 16
dispense, or offer gasoline for sale in this state unless the pump 17
dispensing the gasoline is posted with a notice, as provided in 18
subsection (2), section 4b, that indicates the grade of gasoline 19
and the additives in the gasoline that are dispensed from the pump. 20
If the gasoline contains at least 1% alcohol by volume, the notice 21
shall state: "Contains (indicate the type of alcohol such as 22
methanol, and if methanol the label shall state "alcohol: 23
methanol", followed, in the same size type, by the concentration to 24
the nearest whole percent)". If the gasoline contains alcohols or 25
ethers that have a molecular weight greater than ethanol and are 26
not mixed with methanol, those alcohols or ethers are not subject 27
to the notice requirement of this section. Gasoline that contains 28
10% or less ethanol by volume is not subject to the notice 29
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requirement of this section. 1
(2) The director shall design a uniform means of providing the 2
notice required by subsection (1). The notice shall be designed in 3
such a manner that the consumer can readily identify the grade of 4
gasoline and the additives in the gasoline. The notice shall 5
include a statement indicating that the gasoline dispensed from the 6
pump meets the quality and purity standards established by the laws 7
of this state and indicating the number of the 24-hour toll free 8
consumer hot line maintained pursuant to section 7(2). 9
(3) The director shall include the design for the uniform 10
notice required by this section in a rule promulgated under the 11
administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 12
24.328. 13
(2) Gasoline containing more than 10% ethanol by volume and 14
15% or less ethanol by volume must be labeled in compliance with 15
the E.P.A. labeling standards for that product. 16
(3) (4) A person who violates this section or rules 17
promulgated pursuant to this section is liable for a civil fine not 18
to exceed $1,000.00 for each day of the continuance of the 19
violation. A civil fine ordered pursuant to this section shall must 20
be submitted to the state treasurer for deposit in the gasoline 21
inspection and testing fund created by section 8. 22
(5) Subsection (1) shall not apply until 90 days after the 23
rule required by subsection (3) is promulgated. 24
Sec. 4a. (1) A storage tank at a retail outlet shall be 25
periodically tested by the retail dealer to insure ensure that the 26
tank does not have water or water-alcohol at the bottom of that 27
tank in an amount greater than 2 inches. If there is more than 2 28
inches of water or water-alcohol at the bottom of the storage tank, 29
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gasoline, diesel fuel, biomass-based diesel fuel, biodiesel, or 1
biodiesel blend, or ethanol flex fuel shall not be sold to a 2
consumer from that tank until the water or water-alcohol level is 3
reduced to a level of less than 2 inches. 4
(2) Beginning 90 days after the effective date of the 5
amendatory act that added this subsection, motor fuel dispensers 6
dispensing gasoline, gasoline-alcohol blends, gasoline-ether 7
blends, ethanol flex fuel, and M85 methanol dispensers must have a 8
10-micron or smaller nominal pore-sized, water detecting filter. 9
(3) Beginning 90 days after the effective date of the 10
amendatory act that added this subsection, motor fuel dispensers 11
dispensing diesel fuel, biomass-based diesel fuel, biodiesel, 12
biodiesel blends, and kerosene must have a 30-micron or smaller 13
nominal pore-sized, water detecting filter. 14
(4) (2) Adequate testing supplies, as determined by the 15
department, shall must be maintained at the retail outlet and shall 16
also be made available to the department to determine the water or 17
water-alcohol level in the storage tank. 18
Sec. 4b. (1) A retail dealer shall not transfer, sell, 19
dispense, or offer gasoline for sale in this state unless every 20
dispenser is posted with a notice that contains all of the 21
following information listed in the following order: 22
(a) The statement: "MEETS MICH. QUALITY & PURITY STANDARDS 23
FOR" or, subject to subsection (4)(b), "MEETS MICH. QUALITY & 24
PURITY STANDARDS". 25
(b) The name of 1 of the 8 uniform gasoline grades established 26
in section 3 or the name of a special grade listed with and 27
approved by the department. As used in this subdivision, "name" 28
means only the following information for each grade: 29
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(i) The type of grade, such as regular, midgrade, or premium. 1
(ii) The AKI for the grade, expressed as a whole number and 2
excluding digits after the decimal point. 3
(c) A statement that the gasoline contains methanol, 4
cosolvent, or any additives in the amount of 1% or more by volume 5
and the information required in subsection (2). If the gasoline 6
does not contain additives in the amount of 1% or more by volume or 7
contains an alcohol or ether that has a molecular weight greater 8
than ethanol and is not mixed with methanol or ethanol, the 9
dispenser is not required to be posted with a list of additives. 10
(d) The statement: "CONSUMER COMPLAINT TOLL-FREE HOTLINE: CALL 11
1-800-MDA-FUEL". 12
(2) If an additive is methanol, the notice must state 13
"CONTAINS ALCOHOL: METHANOL ______%", the blank to be filled in 14
with the concentration to the nearest whole percent. If an additive 15
is another alcohol other than methanol and is used as a cosolvent, 16
the notice must state "CONTAINS __________", the blank to be filled 17
in with the type of alcohol, such as tertiary butyl alcohol, and 18
the concentration to the nearest whole percent. 19
(3) A retail dealer shall not transfer, sell, dispense, or 20
offer diesel, biodiesel, biodiesel blend, biomass-based diesel, 21
biomass-based diesel blend, or ethanol flex fuel for sale in this 22
state unless every dispenser is posted with a notice that contains 23
all of the following information listed in the following order: 24
(a) The statement: "MEETS MICH. QUALITY & PURITY STANDARDS 25
FOR" or, subject to subsection (4)(b), "MEETS MICH. QUALITY & 26
PURITY STANDARDS". 27
(b) The commodity name and content statement as follows: 28
(i) For diesel blended to contain 5%-20% by volume biodiesel, 29
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the statement "BIODIESEL BLEND: CONTAINS BIODIESEL IN QUANTITIES 1
BETWEEN 5 PERCENT AND 20 PERCENT". 2
(ii) For diesel blended to contain more than 20% by volume 3
biodiesel, the statement "B____, BIODIESEL BLEND: CONTAINS MORE 4
THAN 20% BIOMASS-BASED DIESEL OR BIODIESEL", the blank to be filled 5
in with the volume percentage of biodiesel in the diesel fuel 6
blend. 7
(iii) For 100% biodiesel, the statement "B 100 BIODIESEL: 8
CONTAINS 100 PERCENT BIODIESEL". 9
(iv) For diesel blended to contain 5%-20% by volume biomass-10
based diesel or combination of biomass-based diesel and biodiesel, 11
the statement "BIOMASS-BASED DIESEL BLEND: CONTAINS BIOMASS-BASED 12
DIESEL OR BIODIESEL IN QUANTITIES BETWEEN 5 PERCENT AND 20 13
PERCENT". 14
(v) For diesel blended to contain more than 20% by volume 15
biomass-based diesel or combination of biomass-based diesel and 16
biodiesel, the statement "____% BIOMASS-BASED DIESEL BLEND; 17
CONTAINS MORE THAN 20% BIOMASS-BASED DIESEL OR BIODIESEL", the 18
blank to be filled in with the volume percentage of biomass-based 19
diesel in the diesel fuel blend. 20
(vi) For 100% biomass-based diesel, the statement "100% 21
BIOMASS-BASED DIESEL: CONTAINS 100 PERCENT BIOMASS-BASED DIESEL". 22
(vii) For diesel not blended with biodiesel or biomass-based 23
diesel or blended to contain 0%-5% biodiesel or 0%-5% biomass-based 24
diesel or 0%-5% by volume of a combination of biodiesel and 25
biomass-based diesel must be labeled as follows: 26
(A) "ULTRA-LOW SULFUR HIGHWAY DIESEL FUEL" for a diesel fuel 27
containing not more than 15 ppm sulfur. 28
(B) "NON-HIGHWAY DIESEL FUEL" for a diesel fuel containing 29
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more than 15 ppm sulfur. 1
(viii) Ethanol flex fuel with an ethanol concentration of not 2
less than 51% and not more than 83% by volume must be labeled 3
"ETHANOL FLEX FUEL, MINIMUM 51% ETHANOL". 4
(ix) Ethanol flex fuel with an ethanol concentration of 50% by 5
volume or less must be labeled "EXX FLEX FUEL, MINIMUM YY % 6
ETHANOL" where XX is the ethanol concentration in volume percent 7
and YY is XX minus 5. The actual ethanol concentration of the fuel 8
must be XX volume percent plus or minus 5 volume percent. 9
(x) For any ethanol flex fuel, a label must be posted that 10
states "FOR USE IN FLEXIBLE FUEL VEHICLES (FFV) ONLY". This 11
information must be clearly and conspicuously posted on the upper 12
50% of the dispenser front panel in a type at least 12.7 13
millimeters in height by 1.5 millimeters in stroke width. A label 14
must be posted that states, "CHECK OWNER'S MANUAL", and must not be 15
less than 6 millimeters in height by 0.8 millimeters in stroke 16
width. The type must use block style letters and the color must be 17
in definite contrast to the background color to which it is 18
applied. 19
(c) The statement: "CONSUMER COMPLAINT TOLL-FREE HOTLINE: CALL 20
1-800-MDA-FUEL". 21
(4) All of the following apply to notices described in this 22
section: 23
(a) The notices must be located on every side of the dispenser 24
that has a price computation or quantity display panel and must be 25
placed not less than 34 inches and not more than 78 inches above 26
the driveway elevation. 27
(b) If more than 1 grade of motor fuel is offered from a 28
single dispenser, 1 notice on every side of the dispenser that has 29
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a price computation or quantity display panel containing the 1
information required in subsections (1)(a) and (d) and (3)(a) and 2
(c) is acceptable. If 1 notice is used for the information required 3
in subsections (1)(a) and (d) and (3)(a) and (c), the information 4
required in subsections (1)(b) and (c) and (3)(b) must be 5
separately posted for each motor fuel or gasoline grade offered 6
from the dispenser and must be located immediately adjacent to 7
either the associated brand name, the associated pump nozzle, or 8
the unit price for that motor fuel in a manner that clearly 9
connects the required notice with the associated brand name, 10
nozzle, or unit price. 11
(c) The notice must be conspicuous and legible to a customer 12
when viewed from the driver's position of a motor vehicle 13
positioned in front of the dispenser. 14
(5) A notice must be posted on each dispenser that dispenses 15
motor fuel designed for unique equipment or services as provided in 16
subsection (12). The notice must state the common or customary name 17
of the motor fuel and include the statement "THIS MOTOR FUEL IS NOT 18
FOR GENERAL AUTOMOTIVE SERVICE; FOR USE IN ___________", the blank 19
to be filled in with a description of the unique equipment, 20
vehicles, or services with which the motor fuel is compatible. The 21
notice must be located on the dispenser as prescribed by subsection 22
(4). 23
(6) Helvetica medium typeface must be used for all letters and 24
numerals specified by this section. The letters for the statement 25
required in subsections (1)(a) and (3)(a) and the statement "CALL 26
1-800-MDA-FUEL" required in subsections (1)(d) and (3)(c) must be 27
not less than 24-point type size. The letters for the words 28
"CONSUMER COMPLAINT TOLL-FREE HOTLINE" required in subsections 29
18
JJR S02399'25 *_SB1076_INTR_1 di8vmz
(1)(d) and (3)(c) must be not less than 10-point type size. All 1
other letters and numerals required to appear in the notices 2
required by this section must be printed in not less than 48-point 3
type size. Only upper case letters or title case letters of 4
identical color must be used for statements and notices except that 5
variations in color are allowed if the variation conforms with 16 6
CFR part 306 and 40 CFR part 1090. 7
(7) The retailer shall be provided, at the time of delivery of 8
a motor fuel, on an invoice, bill of lading, shipping paper, or 9
other documentation, a declaration of the motor fuel being 10
delivered. If the motor fuel is a gasoline, the AKI of the product 11
being delivered must also be declared. The percent of biodiesel or 12
bio-based diesel must also be declared if present. Any 13
documentation evidencing a delivery of a motor fuel must meet all 14
of the requirements of section 5. 15
(8) Fill boxes and fill covers for motor fuel storage tanks at 16
retail must be clearly identified as to the content by at least 1 17
of the following: 18
(a) Attaching a tag with the motor fuel name to the fill pipe 19
adapter. 20
(b) Screwing a tag with the motor fuel name onto the fill box 21
rim. 22
(c) Fitting a plastic or fiberglass insert with the motor fuel 23
name inside the rim of the fill box. 24
(d) Color coding by painting the cover of the fill box and the 25
surrounding rim or pavement. When utilizing this system, the 26
gasoline storage tank containing the highest octane product must be 27
coded red, the gasoline storage tank with the lowest octane must be 28
coded white, and gasoline with an octane between the highest and 29
19
JJR S02399'25 *_SB1076_INTR_1 di8vmz
lowest must be coded blue. A chart or code designating the color 1
designations for other motor fuel storage tanks and vapor-recovery 2
connections and manholes must be posted on the premises on a sign, 3
placard, or chart measuring a minimum 8.5 inches by 11 inches, in 4
clear view and accessible to a delivery tank driver and made 5
available to the department on request. 6
(9) Storage tanks located at a distribution terminal must be 7
clearly identified as to the content by either of the following: 8
(a) Attaching a label to the tank that states the commodity 9
being stored. 10
(b) Attaching a color or symbol to the tank that designates 11
the commodity being stored. When utilizing a color or symbol 12
system, a chart or code designating the color or symbol 13
designations must be posted on the premises and made available to 14
the department on request. 15
(10) A motor fuel delivery vessel must use for each loading 16
and unloading of motor fuel a system of identification that clearly 17
identifies the motor fuel contained within each compartment by at 18
least 1 of the following: 19
(a) A marking system of tags or placards attached to each 20
compartment or the valves used for each compartment. 21
(b) A chart or diagram that positively identifies each 22
compartment and its contents. 23
(11) 16 CFR part 306, except for 16 CFR 306.12(7) and (8), and 24
40 CFR part 1090 are adopted by reference. 25
(12) Specific use variations or exemptions may be made for 26
motor fuel designed for unique equipment or services if it can be 27
demonstrated to the department that the distribution and sale of 28
that motor fuel will be restricted to that unique equipment or 29
20
JJR S02399'25 *_SB1076_INTR_1 di8vmz
service. 1
(13) For recreational gasoline, terms including, but not 2
limited to, "recreational gasoline", "rec gas", "rec fuel", and 3
"recreational fuel" may be used or displayed for supplemental 4
advertising and marketing purposes, if the labeling on the 5
dispensing unit is in compliance with this act. 6
Sec. 5. (1) Except as provided by federal law or regulation, 7
in the manufacture of gasoline, diesel fuel, biomass-based diesel 8
fuel, biodiesel, biodiesel blend, ethanol flex fuel, or hydrogen 9
fuel at any refinery in this state, a refiner shall not manufacture 10
gasoline, diesel fuel, biomass-based diesel fuel, biodiesel, 11
biodiesel blend, ethanol flex fuel, or hydrogen fuel at a refinery 12
in this state unless the gasoline, diesel fuel, biomass-based 13
diesel fuel, biodiesel, biodiesel blend, ethanol flex fuel, or 14
hydrogen fuel meets the requirements in sections 3 and 10d. Except 15
as provided by federal law or regulation, a blender shall not blend 16
gasoline unless the finished blend meets the requirements in 17
sections 3 and 10d. 18
(2) Except as provided by federal law or regulation, a 19
distributor shall not sell or transfer to any distributor, retail 20
dealer, or bulk purchaser-end user any gasoline, diesel fuel, 21
biomass-based diesel fuel, biodiesel, biodiesel blend, ethanol flex 22
fuel, or hydrogen fuel unless that gasoline, diesel fuel, biomass-23
based diesel fuel, biodiesel, biodiesel blend, ethanol flex fuel, 24
or hydrogen fuel meets the requirements in sections 3 and 10d and 25
is suitable for its intended purpose. 26
(3) A carrier or an employee or agent of a carrier, whether 27
operating under contract or tariff, shall not cause gasoline, 28
diesel fuel, biomass-based diesel fuel, biodiesel, biodiesel blend, 29
21
JJR S02399'25 *_SB1076_INTR_1 di8vmz
ethanol flex fuel, or hydrogen fuel tendered to the carrier for 1
shipment or transfer to another carrier, distributor, or retail 2
dealer to fail to comply, at the time of delivery, with the 3
requirements in sections 3 and 10d. 4
(4) A person shall not knowingly sell, dispense, or offer for 5
sale gasoline, diesel fuel, biomass-based diesel fuel, biodiesel, 6
biodiesel blend, ethanol flex fuel, or hydrogen fuel unless that 7
gasoline, diesel fuel, biomass-based diesel fuel, biodiesel, 8
biodiesel blend, ethanol flex fuel, or hydrogen fuel meets the 9
requirements in sections 3 and 10d. 10
(5) A refiner or distributor shall not transfer, sell, 11
dispense, or offer gasoline, diesel fuel, biomass-based diesel 12
fuel, biodiesel, biodiesel blend, ethanol flex fuel, or hydrogen 13
fuel for sale in this state to a distributor unless the refiner or 14
distributor indicates on each bill, invoice, or other instrument 15
evidencing a delivery of gasoline, diesel fuel, biomass-based 16
diesel fuel, biodiesel, biodiesel blend, ethanol flex fuel, or 17
hydrogen fuel the name of the wholesale distributor who received 18
delivery of the gasoline, diesel fuel, biomass-based diesel fuel, 19
biodiesel, biodiesel blend, ethanol flex fuel, or hydrogen fuel. 20
(6) A distributor or refiner shall not transfer, sell, 21
dispense, or offer gasoline, diesel fuel, biomass-based diesel 22
fuel, biodiesel, biodiesel blend, ethanol flex fuel, or hydrogen 23
fuel for sale in this state to a retail dealer unless the retail 24
dealer has a valid retail gasoline motor fuel outlet license 25
pursuant to this act. 26
(7) A bill, invoice, or other instrument evidencing a delivery 27
of gasoline, diesel fuel, biomass-based diesel fuel, biodiesel, 28
biodiesel blend, ethanol flex fuel, or hydrogen fuel issued by a 29
22
JJR S02399'25 *_SB1076_INTR_1 di8vmz
refiner or distributor for deliveries of gasoline, diesel fuel, 1
biomass-based diesel fuel, biodiesel, biodiesel blend, ethanol flex 2
fuel, or hydrogen fuel to purchasers who are not required to hold a 3
license issued pursuant to the motor fuel tax act, 2000 PA 403, MCL 4
207.1001 to 207.1170, or this act shall clearly indicate the name 5
and address and other information necessary to identify the 6
purchaser of the gasoline, diesel fuel, biomass-based diesel fuel, 7
biodiesel, biodiesel blend, ethanol flex fuel, or hydrogen fuel. 8
(8) A bill, invoice, or other instrument evidencing a delivery 9
of gasoline required by subsection (5) , (6), or (7) shall include 10
a guarantee that the gasoline delivered meets the requirements in 11
sections 3 and 10d and shall indicate the concentration range of 12
alcohol in the gasoline, except for alcohols or ethers that have a 13
molecular weight greater than ethanol and are not mixed with 14
methanol or ethanol, or both, and shall indicate the possible 15
presence, without regard to concentration range, of any alcohols or 16
ethers that have a molecular weight greater than ethanol and are 17
not mixed with methanol or ethanol, or both. 18
(9) A refiner, distributor, bulk purchaser-end user, or retail 19
dealer shall not transfer, sell, dispense, or offer gasoline, 20
diesel fuel, biomass-based diesel fuel, biodiesel, or biodiesel 21
blend, or ethanol flex fuel for sale unless that gasoline, diesel 22
fuel, biomass-based diesel fuel, biodiesel, or biodiesel blend, or 23
ethanol flex fuel is visibly free of undissolved water, sediments, 24
and other suspended matter and the gasoline is clear and bright at 25
an ambient temperature or 70 degrees Fahrenheit, whichever is 26
greater. 27
(10) A person who violates this section or rules promulgated 28
under this section is liable for a civil fine not to exceed 29
23
JJR S02399'25 *_SB1076_INTR_1 di8vmz
$10,000.00 for each day of the continuance of the violation. A 1
civil fine ordered pursuant to this section shall must be submitted 2
to the state treasurer for deposit in the gasoline inspection and 3
testing fund created by section 8. 4
Sec. 6. (1) Before a distributor or retail dealer engages in 5
transferring, selling, dispensing, or offering for sale gasoline, 6
diesel fuel, biomass-based diesel fuel, biodiesel, biodiesel blend, 7
ethanol flex fuel, or hydrogen fuel in this state, the distributor 8
or retail dealer shall obtain a license from the department for 9
each retail outlet operated by that person. In administering the 10
licensing under this section, the department may attempt to 11
coordinate the licensing with the licensing applicable to gasoline 12
administered by the department of treasury pursuant to the motor 13
fuel tax act, 2000 PA 403, MCL 207.1001 to 207.1170, and the 14
general sales tax act, 1933 PA 167, MCL 205.51 to 205.78. This 15
subsection does not apply to a retail outlet engaged in the 16
marketing of gasoline for use only in an aircraft. 17
(2) A license expires annually on November 30 unless renewed 18
before December 1 of each year or unless suspended, denied, or 19
revoked by the department. The following late fees are assessed to 20
a license renewed after December 1: 21
(a) From December 1 through December 10, $100.00. 22
(b) From December 11 through December 20, $250.00. 23
(c) After December 20, $500.00. 24
(3) A license shall not be issued or renewed until any 25
administrative fines imposed under section 10a, late fees imposed 26
under subsection (2), and any fees imposed under section 10a of the 27
weights and measures act, 1964 PA 283, MCL 290.610a, have been 28
paid. A hearing is not required before the refusal to issue or 29
24
JJR S02399'25 *_SB1076_INTR_1 di8vmz
renew a license under this subsection. 1
(4) An application for a license shall must be made to the 2
department upon on a form furnished by the department. The 3
completed form shall must contain the information requested by the 4
department. Both of the following apply to an application for a 5
license: 6
(a) A completed original application must be filed with the 7
department by a distributor or retail dealer for each retail outlet 8
operated by that person not less than 30 days before the date on 9
which the applicant engages in retail sales. If sufficient time is 10
not available to apply 30 days prior to engaging in retail sales 11
and the applicant is a new owner of a retail outlet, the department 12
shall waive the 30-day filing requirement and issue a license on 13
receipt, in person or by mail, of the completed application, 14
applicable fees, and written notice that the applicant is a new 15
owner. The application must include all of the following 16
information: 17
(i) Business name and address. 18
(ii) Mailing address if different than business address. 19
(iii) Type of legal entity that owns the distributor or retail 20
dealer, including, but not limited to, an individual, partnership, 21
association, trust, corporation, or any other legal entity or 22
combination of legal entities. 23
(iv) The name, address, telephone number, and date of birth of 24
the owner of the distributorship or retail dealership. 25
(v) All of the following information: 26
(A) For a partnership, the names, titles, addresses, and dates 27
of birth of all partners who are owners of the distributorship or 28
retail dealership. 29
25
JJR S02399'25 *_SB1076_INTR_1 di8vmz
(B) For a corporation in this state, the name, title, address, 1
and date of birth of the president. 2
(C) For an out-of-state corporation, the name, title, address, 3
and date of birth of the president and the name, title, and address 4
of the corporation's resident agent in this state. 5
(vi) An authorized signature, title, and date for each 6
applicant. 7
(vii) Number of grades of gasoline offered for sale at the 8
retail outlet. 9
(viii) Number of grades of gasoline containing 15% ethanol by 10
volume offered for sale at the retail outlet. 11
(ix) Number of grades of diesel fuel offered for sale at the 12
retail outlet. 13
(x) Whether E-85 or ethanol flex fuels are offered for sale at 14
the retail outlet. 15
(b) A license renewal application must be made on or before 16
November 30 of the year the license expires. The application must 17
include all of the information required in subdivision (a) for an 18
original license application. 19
(5) The director may suspend, deny, or revoke a license issued 20
pursuant to this act for failure to comply with the requirements 21
provided for in section 3, for failure to provide notice as 22
provided in section 4, or for violating section 31 of the weights 23
and measures act, 1964 PA 283, MCL 290.631, if that violation 24
occurs at any of the licensee's retail outlets and involves the 25
transferring, selling, dispensing, or the offering for sale of 26
gasoline in this state, or for otherwise failing to comply with 27
this act or a rule promulgated under this act or an order issued 28
under this act. 29
26
JJR S02399'25 *_SB1076_INTR_1 di8vmz
(6) If a person licensed under this act is convicted of an 1
intentional violation under section 31 of the weights and measures 2
act, 1964 PA 283, MCL 290.631, any license issued pursuant to this 3
act shall be revoked for 2 years. 4
(7) A suspension, revocation, or denial of a license of a 5
person who is an individual results in the suspension, revocation, 6
or denial of any other license held or applied for by that 7
individual under this act. The license of a corporation, 8
partnership, or other association shall must be suspended when a 9
license or license application of a partner, trustee, director, or 10
officer, member, or a person exercising control of the corporation, 11
partnership, or other association is suspended, revoked, or denied. 12
The suspension shall must remain in force until the director 13
determines that the disability created by the suspension, 14
revocation, or denial has been removed. 15
(8) Except as otherwise provided in subsection (3), the 16
department shall issue an initial or renewal license not later than 17
120 days after the applicant files a completed application. If the 18
application is considered incomplete by the department, the 19
department shall notify the applicant in writing or make the 20
notification electronically available within 40 days after receipt 21
of the incomplete application, describing the deficiency and 22
requesting the additional information. The 120-day period is tolled 23
upon on notification by the department of a deficiency until the 24
date all of the information requested during the 40-day period is 25
received by the department. Requests for new or additional 26
information by the department that fall outside the 40-day period 27
do not toll the 120-day period. The determination of the 28
completeness of an application is not an approval of the 29
27
JJR S02399'25 *_SB1076_INTR_1 di8vmz
application for the license and does not confer eligibility to an 1
applicant determined otherwise ineligible for issuance of a 2
license. 3
(9) Before a blender engages in the transferring, selling, 4
dispensing, or offering for sale of blended gasoline in this state, 5
the blender shall register the finished product with the department 6
and provide to the department test results as the department 7
considers necessary. If the product does not comply with the 8
requirements of section 3, the blender shall provide the department 9
with a written list of the business names and addresses to whom the 10
blended product is sold. 11
(10) As used in this section, "completed application" means an 12
application complete on its face and submitted with any other 13
information, records, approval, security, or similar item required 14
by law or rule from a local unit of government, a federal agency, 15
or a private entity but not from another department or agency of 16
this state. 17
Sec. 7. (1) The director shall establish a gasoline, diesel 18
fuel, biomass-based diesel fuel, biodiesel, and biodiesel blend, 19
and ethanol flex fuel inspection, investigation, and testing 20
program. The purpose of the inspection, investigation, and testing 21
program is to determine whether gasoline, diesel fuel, biomass-22
based diesel fuel, biodiesel, and biodiesel blend, and ethanol flex 23
fuel transferred, sold, dispensed, or offered for sale in this 24
state meet the requirements provided in this act, to sample, to 25
investigate allegations of fraud, to inspect and investigate 26
violations of the weights and measures act, 1964 PA 283, MCL 27
290.601 to 290.634, 290.635, and whether notice required by section 28
4 is provided. The program shall provide for a regular system of 29
28
JJR S02399'25 *_SB1076_INTR_1 di8vmz
monitoring gasoline, diesel fuel, biomass-based diesel fuel, 1
biodiesel, and biodiesel blend, and ethanol flex fuel sold or 2
offered for sale in this state. The department shall implement the 3
inspection, investigation, and testing program as provided in 4
subsection (8). (9). The expenses of operating the program shall 5
must be paid from money in the gasoline inspection and testing fund 6
created in section 8. 7
(2) As part of the inspection and testing program the director 8
shall maintain a 24-hour toll free consumer hot line hotline to 9
receive consumer complaints regarding vapor-recovery systems and 10
the purity and quality of gasoline sold or offered for sale in this 11
state. 12
(3) If the director has reason to believe a violation of 13
section 5 or rules promulgated under section 5 has occurred, the 14
director may require a refiner, distributor, storage facility, 15
blender, bulk purchaser-end user, or retail dealer to provide to 16
the department the original documents pertaining to the receipt, 17
transfer, delivery, storage, or sale of gasoline, diesel fuel, 18
biomass-based diesel fuel, biodiesel, biodiesel blend, ethanol flex 19
fuel, or hydrogen fuel and to allow the original documents to 20
remain in the possession of the department. If original documents 21
remain in the possession of the department and the documents are 22
necessary for conducting business, the department shall provide 23
copies of the documents to the refiner, distributor, blender, bulk 24
purchaser-end user, or retail dealer upon request. A refiner, 25
distributor, bulk purchaser-end user, blender, or retail dealer 26
shall preserve information regarding the receipt, transfer, 27
delivery, storage, or sale of gasoline, including loading tickets, 28
bills of lading, drop tickets, meter tickets, invoices, sales 29
29
JJR S02399'25 *_SB1076_INTR_1 di8vmz
reports, and billings, for 3 years. A retail outlet shall retain on 1
its premises the original drop tickets, bills of lading, and 2
invoices for 1 month before transfer to another location. 3
(4) The director, upon presentation of appropriate 4
credentials, may do all of the following: 5
(a) Enter upon or through any retail outlet, bulk purchaser-6
end user facility, dispensing facility, or the premises or property 7
of any refiner or distributor. 8
(b) Make inspections, take samples, and conduct tests during 9
any hours the business is operating. 10
(c) Examine records during normal business hours to determine 11
compliance with this act. 12
(5) In addition to the powers provided in this act, the 13
director has all the powers to enforce this act that the director 14
has under the weights and measures act, 1964 PA 283, MCL 290.601 to 15
290.634.290.635. 16
(6) The director may transmit any information obtained 17
pursuant to the inspection and testing program to any other agency 18
of this state if the information will assist the other agency to 19
carry out any of the agency's regulatory functions or 20
responsibilities related to the transfer, sale, dispensing, or 21
offering of gasoline for sale in this state. 22
(7) All of the following apply to an investigation under this 23
section: 24
(a) The identity of an individual submitting information 25
regarding an alleged violation or threatened violation of this act 26
by a retailer is confidential and is not subject to the disclosure 27
requirements of the freedom of information act, 1976 PA 442, MCL 28
15.231 to 15.246, except that the identity of the individual may be 29
30
JJR S02399'25 *_SB1076_INTR_1 di8vmz
disclosed if the disclosure is made under any of the following 1
circumstances: 2
(i) With the written consent of the individual. 3
(ii) Pursuant to a court proceeding. 4
(iii) To the director or an agent or employee of the department. 5
(iv) To an agent or employee of a state or the federal 6
government authorized by law to see the identity of the individual. 7
(v) To law enforcement agencies. 8
(b) Information furnished under this section that is 9
considered confidential information must not be disclosed by an 10
employee of the department in a manner that divulges the business 11
operations of a licensee required by this section to make a report. 12
Business information furnished under this subsection or collected 13
pursuant to section 9g is confidential business information and is 14
not subject to the freedom of information act, 1976 PA 442, MCL 15
15.231 to 15.246. 16
(c) The director may take photographs of an area or copy 17
records as part of an evaluation or inspection. If a retailer 18
identifies by written document or mark that a certain area or 19
record contains visible trade secrets, the director shall identify 20
any photographs of that area or copies of that record as being 21
confidential and shall diligently protect the confidentiality. 22
(8) (7) The director may promulgate rules for the purpose of 23
implementing and enforcing this act. 24
(9) (8) The department shall implement the inspection and 25
testing program provided in subsection (1) as follows: 26
(a) Inspection and testing for standards regarding lead, 27
alcohol, free water, and sediments within 90 days after the 28
effective date of this act. 29
31
JJR S02399'25 *_SB1076_INTR_1 di8vmz
(b) Inspection and testing for any other standards by March 1
29, 1987. 2
Sec. 7a. Gasoline testing procedures for ethanol and vapor 3
pressure must comply with 40 CFR 1065.710. 4
Sec. 7b. (1) This act does not apply to any of the following: 5
(a) Dispensing facilities at a vehicle manufacturer's proving 6
grounds or other testing facilities, or at the facilities of a 7
manufacturer's agent, that are used exclusively for the testing of 8
vehicles, components, or materials. 9
(b) Vehicle manufacturer's assembly facilities or the fueling 10
of production line vehicles before sale for in-plant relocation or 11
distribution. 12
(c) Reformulated gasoline. 13
(2) Gasoline that exceeds the vapor pressure limits does not 14
violate this act if the gasoline is separately stored, sealed, 15
clearly labeled, and not used until it is in compliance with this 16
act. The label shall state that the gasoline is prohibited by the 17
laws of the state of Michigan from being sold, dispensed, supplied, 18
offered for sale, offered for supply, transported, or exchanged in 19
trade in Michigan until compliance is achieved under this act. 20
Sec. 10a. (1) A person who individually, or by the action of 21
his or her that person's agent or employee, or as the agent or 22
employee of another violates this act or a rule promulgated under 23
this act is subject to an administrative fine. Upon the request of 24
a person to upon whom an administrative fine is issued, imposed, 25
the director shall conduct a hearing conducted pursuant to the 26
administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 27
24.328. A fine authorized by this section shall be as follows: 28
(a) For a first violation, not less than $100.00 or more than 29
32
JJR S02399'25 *_SB1076_INTR_1 di8vmz
$500.00, plus actual costs of the investigation and double the 1
amount of any economic benefit associated with the violation. 2
(b) For a second violation within 5 years after the first 3
violation, not less than $500.00 or more than $1,000.00, plus 4
actual costs of the investigation and double the amount of any 5
economic benefit associated with the violation. 6
(c) For a third violation within 5 years after the date of the 7
first violation, not less than $1,000.00 or more than $2,000.00, 8
plus actual costs of the investigation and double the amount of any 9
economic benefit associated with the violation. 10
(2) A decision of the director under this section is subject 11
to judicial review as provided by law. 12
(3) The director shall advise the attorney general of the 13
failure of any person to pay an administrative fine imposed under 14
this section. The attorney general shall bring an action in court 15
of competent jurisdiction to recover the fine. 16
(4) Any administrative fine, costs, and the recovery of any 17
economic benefit associated with a violation collected under this 18
section shall be paid to the state treasury and deposited into the 19
gasoline inspection and testing fund. 20
Sec. 10d. Beginning June 1 through September 15 of 2007 and 21
for that period of time each subsequent year, the vapor pressure 22
standard shall be 7.0 psi for dispensing facilities in Wayne, 23
Oakland, Macomb, Washtenaw, Livingston, Monroe, St. Clair, and 24
Lenawee counties. Counties. The director retains the authority to 25
implement the vapor pressure 7.0 psi requirement or 7.8 psi 26
requirement in areas where it is determined necessary to attain or 27
maintain national ambient air quality standards. If an area of the 28
state that is required to use a low vapor pressure fuel of 7.8 psi 29
33
Final Page
JJR S02399'25 *_SB1076_INTR_1 di8vmz
or 7.0 psi has been redesignated by the United States environmental 1
protection agency E.P.A. as in attainment of national ambient air 2
quality standards, and the Michigan department of environmental 3
quality environment, Great Lakes, and energy has demonstrated that 4
maintenance of the national ambient air quality standards can be 5
achieved without the use of low vapor pressure fuel, the director 6
may, with the approval of the United States environmental 7
protection agency, E.P.A., terminate the low vapor pressure fuel 8
requirement for that area. The maximum vapor pressure must not 9
exceed the limits in section 10d by more than 1.0 psi for blends 10
containing 9% to 10% ethanol by volume from June 1 through 11
September 15. 12
Enacting section 1. Section 5a of the motor fuels quality act, 13
1984 PA 44, MCL 290.645a, is repealed. 14