DELAWARE STATE SENATE

151st GENERAL ASSEMBLY

SENATE BILL NO. 18

AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO THE SALE OF FUELS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Chapter 29, Title 6 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 2915. Motor fuel sales; watercraft.

(a) For purposes of this section, “watercraft” means a vessel, other than a seaplane on the water, used or capable of being used as a means of transportation on the water.

(b) In Sussex County, a retail dealer may sell any of the following motor fuel into the service tank of a watercraft:

(1) Nonoxygenated gasoline, including gasoline that does not contain ethanol.

(2) Oxygenated gasoline, including gasoline that contains isobutanol.

(c) The Department of Agriculture shall adopt regulations necessary to administer and enforce this section.

Section 2. This Act is effective immediately and is to be implemented the earlier of the following:

(1) 1 year from the date of the Act’s enactment.

(2) Notice by the Secretary of the Department of Agriculture published in the Register of Regulations that final regulations to implement this Act have been promulgated.

SYNOPSIS

This Act allows retail dealers in Sussex County to sell gasoline that does not contain ethanol if the gasoline is being used in watercraft. Sussex County comfortably meets the National Ambient Air Quality Standard for ground level ozone and removing ethanol from marine fuel will have no significant impact on ambient ozone levels.

The State of Maryland now allows the sale of non-ethanol gasoline in certain counties that are adjacent to Sussex County. Delaware currently suffers a competitive business disadvantage by not being allowed to sell non-ethanol fuel for vessels.

Author: Senator Hocker