SENATE, No. 1821

STATE OF NEW JERSEY

215th LEGISLATURE

 

INTRODUCED MARCH 15, 2012

 


 

Sponsored by:

Senator  STEPHEN M. SWEENEY

District 3 (Cumberland, Gloucester and Salem)

 

 

 

 

SYNOPSIS

     Requires toll road authorities to award contracts for motor fuel services on toll roads to retail dealers who dispense motor fuel provided by suppliers with refineries located in this State.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning the toll road authorities and supplementing P.L.1948, c.454 (C.27:23-1 et seq.) and P.L. 1991, c.252 (C.27:25A-1 et seq.).

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    a.  As used in this section:

     “Blended fuel” means a mixture composed of motor fuel and another liquid, including blend stock other than a de minimis amount of a product such as carburetor detergent or oxidation inhibitor, that can be used as a fuel in a highway vehicle.  "Blended fuel" includes but is not limited to gasohol, biodiesel, ethanol, methanol, fuel grade alcohol, diesel fuel enhancers, and resulting blends.

     “Branded motor fuel” means that motor fuel which a retail dealer sells using the trade name of the refiner or supplier.

     “Diesel fuel” means a liquid that is commonly or commercially known or sold as a fuel that is suitable for use in a diesel-powered highway vehicle.  A liquid meets this requirement if, without further processing or blending, the liquid has practical and commercial fitness for use in the propulsion engine of a diesel-powered highway vehicle.  "Diesel fuel" includes biodiesel, number 1 and number 2 diesel.

     “Distributor” or “refiner” or “supplier” means and includes every person, wherever resident or located, who imports or causes to be imported into this State motor fuels for distribution or sale after the same shall reach this State, whether in the original packages or containers in which it is imported or otherwise; and also any person who produces, refines, manufactures, blends or compounds or causes to be produced, refined, manufactured, blended or compounded fuels and distributes or sells the same within this State.

     “Gasoline” means all products commonly or commercially known or sold as gasoline that are suitable for use as a motor fuel. Gasoline does not include products that have an ASTM octane number of less than 75 as determined by the “motor method,” ASTM D2700-92.  The term does not include racing gasoline or aviation gasoline, but for administrative purposes does include fuel grade alcohol.

     “Kerosene” means the petroleum fraction containing hydrocarbons that are slightly heavier than those found in gasoline and naphtha, with a boiling range of 149 to 300 degrees Celsius.

     “Motor fuel” means gasoline, diesel fuel, kerosene and blended fuel.

     “Refinery” means a facility used to produce motor fuel from crude oil, unfinished oils, natural gas liquids, or other hydrocarbons and from which motor fuel may be removed by pipeline, by ship or barge, or at a rack.

     “Retail dealer” means a person that engages in the business of selling or dispensing motor fuel to the consumer within this State.

     b.    Following the effective date of this act, the New Jersey Turnpike Authority shall not enter into any contract with a retail dealer, distributor, refiner, or supplier for the right to sell branded motor fuel on the New Jersey Turnpike or the Garden State Parkway unless that branded motor fuel is provided by a distributor, refiner, or supplier that operates a refinery in the State.

 

     2.    a.  As used in this section:

     “Blended fuel” means a mixture composed of motor fuel and another liquid, including blend stock other than a de minimis amount of a product such as carburetor detergent or oxidation inhibitor, that can be used as a fuel in a highway vehicle.  "Blended fuel" includes but is not limited to gasohol, biodiesel, ethanol, methanol, fuel grade alcohol, diesel fuel enhancers, and resulting blends.

     “Branded motor fuel” means that motor fuel which a retail dealer sells using the trade name of the refiner or supplier.

     “Diesel fuel” means a liquid that is commonly or commercially known or sold as a fuel that is suitable for use in a diesel-powered highway vehicle.  A liquid meets this requirement if, without further processing or blending, the liquid has practical and commercial fitness for use in the propulsion engine of a diesel-powered highway vehicle.  "Diesel fuel" includes biodiesel, number 1 and number 2 diesel.

     “Distributor” or “refiner” or “supplier” means and includes every  person, wherever resident or located, who imports or causes to be imported into this State motor fuels for distribution or sale after the same shall reach this  State, whether in the original packages or containers in which it is imported or otherwise; and also any person who produces, refines, manufactures, blends or compounds or causes to be produced, refined, manufactured, blended or  compounded fuels and distributes or sells the same within this State.

     “Gasoline” means all products commonly or commercially known or sold as gasoline that are suitable for use as a motor fuel. Gasoline does not include products that have an ASTM octane number of less than 75 as determined by the “motor method,” ASTM D2700-92.  The term does not include racing gasoline or aviation gasoline, but for administrative purposes does include fuel grade alcohol.

     “Kerosene” means the petroleum fraction containing hydrocarbons that are slightly heavier than those found in gasoline and naphtha, with a boiling range of 149 to 300 degrees Celsius.

     “Motor fuel” means gasoline, diesel fuel, kerosene, and blended fuel.

     “Refinery” means a facility used to produce motor fuel from crude oil, unfinished oils, natural gas liquids, or other hydrocarbons and from which motor fuel may be removed by pipeline, by ship or barge, or at a rack.

     “Retail dealer” means a person that engages in the business of selling or dispensing motor fuel to the consumer within this State.

     b.    Following the effective date of this act, the South Jersey Transportation Authority shall not enter into any contract with a retail dealer, distributor, refiner, or supplier for the right to sell branded motor fuel on the Atlantic City Expressway unless that branded motor fuel is provided by a distributor, refiner, or supplier that operates a refinery in the State.

 

     3.    This act shall take effect immediately.

 

 

STATEMENT

 

     This bill prohibits the New Jersey Turnpike Authority and the South Jersey Transportation Authority from entering into a contract with a retail dealer, distributor, refiner, or supplier of motor fuel for the right to sell branded motor fuel on the State’s toll roads unless that that branded motor fuel is provided by a distributor, refiner, or supplier that operates a refinery in the State.