SENATE, No. 149
STATE OF NEW JERSEY
Introduced Pending Technical Review by Legislative Counsel
PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION
By Senators LaROSSA and CARDINALE
An Act concerning the sale and distribution of gasoline containing additives, amending P.L.1993, c.69 and supplementing P.L.1954, c.212 (C.26:2C-1 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) For the purposes of this act:
"Additive" means any substance added to gasoline to enhance any of its properties or reduce emissions from motor vehicles released during the combustion of the gasoline.
"Clinically and statistically proven" means that clinical or animal studies of possible health effects in humans have been conducted, and statistics have been gathered and documented from clinical trials, experiments or experimental analysis, which support and prove, within reasonable medical and scientific parameters, that human exposure to the substance being studied and analyzed, in the form that humans would be exposed to it, does not appear to have harmful health effects in humans.
"Harmful health effects" mean increased incidents of cancer, heart disease or stroke, or bleeding, asthmatic reactions and other negative side effects that may impair an individual's ability to safely operate a motor vehicle including, but not limited to, chronic headaches, nausea, and dizziness.
2. (New section) a. It shall be unlawful to sell or distribute for use in motor vehicles any gasoline, reformulated gasoline or other motor fuel containing an additive that has not been approved by the Department of Health pursuant to subsection b. of this section. The Department of Health shall not approve the use of any additive in any gasoline or motor fuel for use in motor vehicles unless the additive has been clinically and statistically proven to be not harmful to human health.
b. The Department of Health, in consultation with the Department of Environmental Protection, shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations establishing methods and procedures for the assessment of gasoline additives as clinically and statistically proven to be not harmful to human health, and for the approval of the additive's use in gasoline and motor fuel sold and distributed in the State. These procedures shall include, but not be limited to, the gathering and recording of studies, statistics and other documentation that indicates the additive has been clinically and statistically proven to be not harmful to human health.
3. Section 5 of P.L.1993, c.69 (C.26:2C-8.10) is amended to read as follows:
5. The department shall not adopt rules and regulations requiring, for gasoline-fueled motor vehicles, the sale and use of reformulated gasoline other than that certified therefor by the United States Environmental Protection Agency pursuant to subsection (k) of 42 U.S.C.§7545 for sale and use in states other than the State of California. If the sale and use of reformulated gasoline other than that so certified is required by federal law, rule, regulation, agency ruling, order, opinion, or other action or court order to be sold for use, and used, in gasoline-fueled motor vehicles in New Jersey because the State has implemented a low emission vehicle program, the low emission vehicle program in New Jersey shall expire 180 days from the date of enactment of the federal law, adoption of the federal rule or regulation, issuance of the agency ruling, order, opinion, or other action, or issuance of the court order, as the case may be. No reformulated gasoline, gasoline or any other type of motor fuel for use in motor vehicles shall be sold or distributed in the State for any reason unless the content and components of the gasoline or motor fuel have been approved pursuant to section 2 of P.L. , c. (C. )(now before the Legislature as this bill).
(cf:P.L.1993,c.69,s.5.)
4. This act shall take effect on the 90th day following the date of enactment.
STATEMENT
This bill prohibits the sale or distribution of gasoline and motor fuel for use in motor vehicles that contain additives, unless the additive has been clinically and statistically proven to not have harmful health effects in humans. The bill authorizes the Department of Health, in consultation with the Department of Environmental Protection, to adopt rules and regulations to establish methods and procedures for the approval of gasoline and motor fuel additives.
Prohibits sale of gasoline containing additives until clinically and statistically proven to have no harmful health effects.