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POL Government Elected Officials Auditor Griffin-Valade Charter, Code & Policies City Code & Charter Online Code & Charter Title 16 Vehicles and Tra Chapter 16.60 Motor Vehicle Fuels
Chapter 16.60 Motor Vehicle Fuels

- Note
 
(Added by Ordinance No. 180313, effective August 11, 2006 .)

16.60.010 Definitions.
 
(Amended by Ordinance No. 180671, effective January 12, 2007.)  As used in this Chapter, the following terms shall be defined as provided in this section:
 
A.  “B5 Fuel” means a fuel mixture consisting of 5% Biodiesel and 95% Diesel Fuel.
 
B.  “B10 Fuel” means a fuel mixture consisting of 10% Biodiesel and 90% Diesel Fuel.
 
C.  “B20 Fuel” means a fuel mixture consisting of 20% Biodiesel and 80% Diesel Fuel.
 
D.  “Biodiesel blend stock” means 100% biodiesel fuel utilized for the purpose of blending with diesel fuel.
 
E.  “Biodiesel fuel” means the monoalkyl esters of long chain fatty acids derived from plant or animal matter that meet the registration requirements for fuels and fuel additives established by the federal Environmental Protection Agency and standards established by the American Society of Testing and Materials (ASTM).
 
F.  “Biofuel” means any fuel that is derived from plant or animal matter that meets the registration requirements for fuels and fuel additives established by the federal Environmental Protection Agency and standards established by the American Society of Testing and Materials (ASTM) as determined by the Director of the Bureau of Development Services under Section 16.60.020.D.  For the purposes of this Chapter, Biofuel shall include Biodiesel and Ethanol.
 
G.  “Diesel” means petroleum based liquid that is suitable for use as a fuel in diesel powered vehicles.
 
H.   “E10” means a fuel mixture of 10% ethanol and 90% gasoline.
 
I.  “Ethanol” means ethyl alcohol, a flammable liquid used or sold for the purpose of blending or mixing with gasoline.
 
J.  “Feedstock” means the plant or animal matter from which a biofuel is derived.
 
K.  “Fuel” means all gasoline or diesel sold within the City of Portland for the purpose of operating motor vehicles on public roadways.
 
L.  “Fuel distributor” means a person that causes the transportation or storage of fuel at any point between a refinery or importer’s facility and any retail outlet or wholesale purchaser-consumer within the City of Portland.
 
M.  “Gasoline” means any fuel sold for use in spark ignition engines.
 
N.   “Motor Vehicle” means every inanimate vehicle which is self-propelled.  For the purposes of this Chapter, the definition of motor vehicle shall not include aircraft, watercraft, or locomotives.
 
O.  “Nonretail dealer” means any person who owns, operates, controls or supervises an establishment at which motor vehicles fuel is dispensed through a car or key-activated fuel dispensing device to nonretail customers.
 
P.   “Reseller” means a person who purchases fuel and resells or transfers it to a retailer or wholesale purchaser-consumer within the City of Portland.
 
Q.   “Retail outlet” means any establishment within the City of Portland at which fuel is sold or offered for sale to the ultimate consumer for use in motor vehicles.
 
R.   “Retailer” means any person who owns, leases, operates, controls or supervises a retail outlet within the City of Portland.
 
S.  “Wholesale purchaser-consumer” means any organization within the City of Portland that is an ultimate consumer of fuel, and which purchases or obtains diesel or gasoline from a fuel distributor or reseller for use in motor vehicles, and receives delivery of that product into a storage tank or directly into a vehicle’s tank.

16.60.020 Biofuel Requirements.
 
(Amended by Ordinance No. 180671, effective January 12, 2007.)
 
A.
1.  On and after July 1, 2007, all diesel fuel sold by fuel distributors or resellers to fuel retailers, nonretail dealers or wholesale purchaser-consumers within the City of Portland shall contain a minimum blend of 5% Biodiesel (B5 fuel).
 
2.  On and after August 15, 2007, all diesel fuel sold by fuel retailers, dispensed by nonretail dealers or purchased by wholesale purchaser-consumers within the City of Portland shall contain a minimum blend of 5% Biodiesel (B5 fuel). 
B.
1.   On and after July 1, 2010, all diesel fuel sold by fuel distributors or resellers to fuel retailers, nonretail dealers or wholesale purchaser-consumers within the City of Portland shall contain a minimum blend of 10% Biodiesel (B10 fuel). 
 
 2.   On and after July 1, 2010, all diesel fuel sold by fuel retailers, dispensed by nonretailer dealers or purchased by wholesale purchaser-consumers within the City of Portland shall contain a minimum blend of 10% Biodiesel (B10 fuel). 
C.
 1.  On and after September 16, 2007, all gasoline sold by fuel distributors or resellers to fuel retailers, nonretail dealers or wholesale purchaser-consumers within City of Portland shall contain a minimum blend of 10% ethanol (E10 fuel).  This requirement shall remain in effect on a year round basis.
 
 2.  On and after November 1, 2007, all gasoline sold by fuel retailers, dispensed by nonretailer dealers or purchased by wholesale purchaser-consumers within City of Portland shall contain a minimum blend of 10% ethanol (E10 fuel).  This requirement shall remain in effect on a year round basis.
D.  The Director of the Bureau of Development Services shall establish, and revise as necessary, standards for biofuels sold in the City of Portland .  The Director shall consult specifications established for biofuels by the American Society for Testing and Materials, the Oregon Department of Agriculture or similar specifications, in forming its standards. 
 
E.  Biodiesel produced from a feedstock of palm oil may not be used to satisfy the requirements of this Chapter.
 
F.  The Bureau of Development Services shall study and monitor biodiesel production, use and sales in Oregon and in the City of Portland .  When the production of biodiesel from Oregon grown feedstock and used cooking oil reaches a level of at least two million five hundred thousand gallons on an annualized basis for at least three months, the Bureau of Development Services shall notify all fuel distributors, resellers, retailers, nonretail dealers and wholesale-purchaser consumers that:
1.  The production of biodiesel from Oregon grown feedstock and used cooking oil has reached the level described above; and
 
2.  That three months from the date of the notice, all biodiesel used for the purposes of satisfying the requirements of this Chapter shall contain a minimum of 50% (by volume) of biodiesel produced from used cooking oil and/or feedstock from the Genera Brassica, Camelina, Helianthus or Carthamus.
G.  Fuel retailers shall be required to conspicuously place signage denoting the type of biofuel mixture available for sale by the fuel retailer in accordance with the labeling guidelines or rules established by the Oregon Department of Agriculture.  For example, B5 fuel shall be labeled “B5 Biodiesel Blend.” 

16.60.025 Additional Regulation in the 122nd Avenue Subdistrict.
 
(Added by Ordinance No. 180372; amended by Ordinance 180671, effective January 12, 2007.)  Effective July 1, 2007, in the 122nd Avenue subdistrict of the East Corridor plan district, all fuel vendors established under the provisions of Subsection 33.521.300. F. of Title 33, Planning and Zoning, must sell a minimum blend of 20% Biodiesel (B20 fuel) at one or more pumps.

16.60.030 Exemptions.
 
(Amended by Ordinance No. 180671, effective January 12, 2007.)
 
A.  Any retailer who offers a biodiesel blend of 20% (B20 fuel) or greater shall be exempt from the requirements of Section 16.60.020 (A) and (B), and may also provide for sale, on the same site or a contiguous site, diesel fuel which does not contain biodiesel. 
 

B.  The Director of the Bureau of Development Services may temporarily suspend or modify the minimum biofuel content requirements of this Chapter based on a determination that such requirements are temporarily infeasible due to economic or technical circumstances.  The Director’s determination shall be made by filing a report with the City Council.
 
C.  The requirements of this Chapter do not apply to fuel used for the operation of railroad locomotives, watercraft or aircraft.
 
D.  Nothing in this Chapter is intended to prohibit the production, sale, or use of motor fuel for use in federally designated flexibly fueled vehicles capable of using up to eighty-five percent ethanol fuel blends.

16.60.040 Enforcement and Notice of Violation.
 
 (Amended by Ordinance No. 180671, effective January 12, 2007.)
 
A.  The Director of the Bureau of Development Services, or designee, upon determining that a violation of this code or regulations duly adopted pursuant to this Chapter has occurred, shall issue a written notice of the violation by certified mail to the fuel distributor, reseller or retailer identifying the violation and applicable penalty.
 
B.  The fuel distributor, reseller or retailer shall, upon receipt of a notice of violation, correct the violation and pay to the City the stated penalty or appeal the finding of a violation to the Code Hearings Officer within 10 days of receipt of the notice.
 
C.  A determination issued pursuant to Section 16.60.040.A may be appealed to the Code Hearings Officer, as provided for in Chapter 22.10 of City Code.

16.60.050 Penalties.
 
Violations of this Chapter may be punishable by fines as follows:
 
A.  A fine of up to $5,000 for the first violation;
 
B.  A fine of up to $10,000 for each subsequent violation.

16.60.060 Disclosure.
 
(Amended by Ordinance No. 180671, effective January 12, 2007.)  For all sales of biofuels blended products by fuel distributors or resellers for the purposes of meeting this Chapter, the distributor or reseller must provide a bill of lading or shipping manifest disclosing biofuel content, stating volume percentage, gallons of biofuel per gallon base stock, or an “Bxx” or “Exx” designation where “xx” denotes the volume percent biofuel included in the blended product, and the feedstock from which the biofuel was derived.

16.60.070 Additional Regulations.
 
(Amended by Ordinance No. 180671, effective January 12, 2007.)
 
A.  The Bureau of Development Services is authorized to promulgate administrative rules and take other actions reasonable and necessary to enforce this Chapter.