Read the full stored bill text
As Introduced
136th
General Assembly
Regular
Session
S. B. No. 80
2025-2026
Senators Ingram, Blackshear
Cosponsor: Senator Craig
A
BILL
To
amend section 1327.70 of the Revised Code to
authorize
a county to implement a motor fuel quality testing program.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
section 1327.70 of the Revised Code be amended to read as follows:
Sec.
1327.70.
(A)
As used in this section:
(1)
"Biodiesel"
and "blended biodiesel" have the same meanings as in
section 125.831 of the Revised Code.
"Conventional
fuel" means gasoline and diesel fuel.
"Diesel
fuel" has the same meaning as in section 5735.01 of the Revised
Code.
(2)
"Ethanol
extended fuel" means a mixture of gasoline and ethanol.
"Fuel
inspector" means a county auditor or any person who is
designated by the county auditor to perform motor fuel quality
testing under this section.
"Motor
fuel" means
gasoline
or diesel
any
of the following types of
fuel
that is sold by a
retailer
retail dealer:
(1)
Conventional fuel;
(2)
Biodiesel or blended biodiesel fuel;
(3)
Ethanol extended fuel.
"Retail
dealer" has the same meaning as in section 5735.01 of the
Revised Code.
"Retail
service station" has the same meaning as in section 5735.01 of
the Revised Code
.
(B)
The director of agriculture may adopt rules in accordance with
Chapter 119. of the Revised Code establishing a motor fuel quality
testing program that is uniform throughout the state.
(C)(1)
Unless a motor fuel quality testing program is established in rules
under division (B) of this section, is funded, and is implemented by
the department of agriculture, a county auditor may implement a motor
fuel quality testing program in the auditor's county whereby a fuel
inspector may test motor fuel quality for octane level, sediment, and
water in the fuel. No fuel inspector shall charge any inspection or
registration fees to perform motor fuel quality testing.
(2)
Except as provided in this division, a county auditor who implements
a motor fuel quality testing program under this section shall acquire
testing equipment or ensure that testing equipment is available for
the county's program. The county auditor shall ensure that the
testing equipment meets the most recent standards established by the
American society for testing and materials (ASTM) international. A
county auditor may contract with another county to use that county's
testing equipment so long as the contract provides that the testing
is performed by a fuel inspector from the county that owns the
testing equipment. A county auditor shall not allow the county's
testing equipment to be used in any other county for fuel quality
testing purposes unless a fuel inspector for the county that owns the
equipment is conducting the testing.
(D)
If a county auditor implements a fuel quality testing program under
this section, a retail dealer in the applicable county shall do all
of the following when requested by a fuel inspector:
(1)
Allow the fuel inspector to test the octane level and sediment from
the retail dealer's motor fuel pumps;
(2)
Allow the fuel inspector to test the water and sediment in the retail
dealer's motor fuel storage tanks;
(3)
Allow the fuel inspector to pump a sample of motor fuel, free of
charge and in containers provided by the fuel inspector, in an amount
required by the fuel inspector for testing.
(E)
A fuel inspector shall do all of the following when performing motor
fuel quality testing:
(1)
Use testing equipment that meets the most recent standards
established by the American society for testing and materials (ASTM)
international;
(2)
Adhere to any standard or guideline set forth by the director of
agriculture, in accordance with division (F)(3) of this section,
relating to petroleum product quality and sampling and testing
methods that are consistent with the ASTM;
(3)
Except as otherwise provided in division (E)(2) of this section,
adhere to the following motor fuel quality testing compliance
standards:
(a)
Fuel storage tanks shall not exceed one-quarter inch of water for
ethanol extended fuel and shall not exceed two inches of water for
conventional fuel.
(b)
Gasoline and ethanol extended fuel octane levels tested at the pump
shall be within one octane point of the octane level listed on the
pump.
(c)
Gasoline and ethanol extended fuel tested at the pump, per ASTM
requirements, shall be visually free of undissolved water, sediment,
and suspended matter and shall be clear and bright at either an
ambient temperature or seventy degrees Fahrenheit, whichever is
higher.
(d)
Diesel fuel tested at the pump shall meet the standards defined by
the ASTM.
(F)(1)
For a violation of a motor fuel quality standard detected at a retail
service station, a fuel inspector shall issue to the applicable
retail dealer an order to stop selling fuel until the fuel is in
compliance with this section as determined by the fuel inspector.
(2)
A fuel inspector, when issuing an order to stop selling fuel under
division (F)(1) of this section, may impose a civil penalty on the
retail dealer in accordance with rules adopted by the director of
agriculture under division (F)(3) of this section. If the director
does not adopt such rules, the county auditor shall not adopt civil
penalties for that county. All civil penalties collected under
division (F)(2) of this section shall be deposited into the
applicable county general fund.
(3)
For purposes of a county auditor-implemented motor fuel quality
testing program, the director of agriculture may adopt rules in
accordance with Chapter 119. of the Revised Code establishing civil
penalties for violations of motor fuel quality standards. The rules
shall include procedures by which a retail dealer may appeal a civil
penalty.
(G)
A fuel inspector shall transmit data collected from motor fuel
quality testing to the director of agriculture. The director shall
compile such data, including dates, locations, and results received
from fuel inspectors, and make the data accessible to the public via
the department of agriculture's web site.
(H)
Any county that lawfully implemented a motor fuel quality testing
program prior to the effective date of this section is exempt from
divisions (C) to (F) of this section. Such a county may continue to
implement the motor fuel quality testing program as that program
existed prior to the effective date of this section.
(I)
Whenever the department of agriculture is notified of a United States
environmental protection agency waiver of standards that applies to
federal fuel standards, the department shall notify every county
auditor's office. Any auditor participating in a fuel quality testing
program under this section, or a fuel quality testing program
implemented prior to the effective date of this section, shall only
test for water and sediment during the waiver period.
Section
2.
That
existing section 1327.70 of the Revised Code is hereby repealed.