SPONSOR:

Rep. Cathcart & Sen. McDowell ; Reps. Spence Carey DiPinto Ewing Hocker Hudson Lofink Maier Miro Oberle Stone Ulbrich Valihura Wagner ; Sens. Bunting Venables Sorenson Cloutier Connor Sokola

HOUSE OF REPRESENTATIVES

143rd GENERAL ASSEMBLY

HOUSE BILL NO. 105

AN ACT TO AMEND TITLE 6 AND TITLE 7 OF THE DELAWARE CODE RELATING TO METHYL TERTIARY-BUTYL ETHER.

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

Section 1. Amend § 2903, Title 6 of the Delaware Code, by inserting within a new sentence thereof, between the phrase "Office of Retail Gasoline Sales." and the phrase "The provisions of this Section", the sentence "The retail sale or use of gasoline containing more than one-half of one percent by volume of Methyl Tertiary Butyl Ether (MTBE) or MTBE substitutes Methanol, Isopropanol, n-Propanol, n-Butanol, iso-Butanol, tert-Butanol, tert-Pentalol, tert-Amylalohol, Ethyl tert-Butyl known as ETBE, Diisopropylether called DIPE, or Tert-Amylmethylether (TAME) is prohibited after January 1, 2006. Existence of de minimis traces of MTBE does not constitute a violation.”.

Section 2. Amend Chapter 29, Title 6 of the Delaware Code, by adding thereto a new section as follows:

"§ 2913. Methyl Tertiary-Butyl Ether.

No retail dealer or retail fuel outlet shall offer for retail sale or use in this State Methyl Tertiary-Butyl Ether (MTBE) or any motor fuel containing more than one-half of one percent of MTBE or MTBE substitutes Methanol, Isopropanol, n-Propanol, n-Butanol, iso-Butanol, tert-Butanol, tert-Pentalol, tert-Amylalohol, Ethyl tert-Butyl known as ETBE, Diisopropylether called DIPE, or Tert-Amylmethylether (TAME).".

Section 3. Amend § 7423, Title 7 of the Delaware Code, by adding thereto a new subsection as follows:

"(c) No person who receives a loan from the Small Station Fund shall offer for retail sale or use any motor fuel in this State containing more than one-half of one percent of Methyl Tertiary-Butyl Ether (MTBE) or MTBE substitutes Methanol, Isopropanol, n-Propanol, n-Butanol, iso-Butanol, tert-Butanol, tert-Pentalol, tert-Amylalohol, Ethyl tert-Butyl known as ETBE, Diisopropylether called DIPE, or Tert-Amylmethylether (TAME).".

Section 4. This Act shall become effective January 1, 2007.

SYNOPSIS

This Act effectively bans the retail sale or use of Methyl Tertiary-Butyl Ether (MTBE), MTBE chemically like substitutes, or any motor fuel containing MTBE, within the State of Delaware by any retail dealer, retail fuel outlet or person who has received a Small Station Fund.

This Act goes on to prohibit any retail dealer or retail fuel outlet governed by 6 Del. C. Chapter 29 from offering for retail sale or use of MTBE, or any fuel containing MTBE in this State.

This Act then places the same prohibitions on anyone receiving funds through the Small Station Fund in 7 Del. C. Chapter 74.

This Act shall become effective January 1, 2007.