ARC 6804C

ARC 6804C

AGRICULTURE AND LAND STEWARDSHIP DEPARTMENT[21]

Notice of Intended Action

Proposing rule making related to biodiesel blended fuel between B-20 and B-99

and providing an opportunity for public comment

The Agriculture and Land Stewardship Department (Department) hereby proposes to amend Chapter 85, "Weights and Measures," Iowa Administrative Code.

Legal Authority for Rule Making

This rule making is proposed under the authority provided in Iowa Code section 214A.2.

State or Federal Law Implemented

This rule making implements, in whole or in part, Iowa Code section 214A.2.

Purpose and Summary

This proposed rule making adds an Iowa-specific standard for biodiesel blended fuel classified as higher than B-20 but less than B-99 using ASTM International standards by reference. As a result of establishing the standard, at the beginning of 2023, the Department of Revenue will be enabled to offer two new tax credits that were established by the Legislature in 2022.

Currently, the Department relies on standards from ASTM; however, none currently exist for biodiesel blends between B-20 and B-99. This proposed rule making adopts existing ASTM standards by reference for both biodiesel and diesel.

Fiscal Impact

This rule making has no fiscal impact to the State of Iowa.

Jobs Impact

After analysis and review of this rule making, no impact on jobs has been found.

Waivers

Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to 21—Chapter 8.

Public Comment

Any interested person may submit written or oral comments concerning this proposed rule making. Written or oral comments in response to this rule making must be received by the Department no later than 4:30 p.m.on January 31, 2023. Comments should be directed to:

Public Hearing

No public hearing is scheduled at this time. As provided in Iowa Code section 17A.4(1)"b," an oral presentation regarding this rule making may be demanded by 25 interested persons, a governmental subdivision, the Administrative Rules Review Committee, an agency, or an association having 25 or more members.

Review by Administrative Rules Review Committee

The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee's meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).

Emergency Rule Making Adopted by Reference

This proposed rule making is also published herein as an Adopted and Filed Emergency rule making (see ARC 6805C, IAB 1/11/23). The purpose of this Notice of Intended Action is to solicit public comment on that emergency rule making, whose subject matter is hereby adopted by reference.