SB 80: Allow a county to implement a motor fuel quality testing program

As Introduced

136th General Assembly Regular Session 2025-2026

S. B. No. 80

Senators Ingram, Blackshear

Cosponsor: Senator Craig

A B I L L

To amend section 1327.70 of the Revised Code to 1
authorize a county to implement a motor fuel 2
quality testing program. 3

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

Section 1. That section 1327.70 of the Revised Code be 4
amended to read as follows: 5

Sec. 1327.70. (A) As used in this section: 6

(1) "Biodiesel" and "blended biodiesel" have the same 7
meanings as in section 125.831 of the Revised Code. 8

"Conventional fuel" means gasoline and diesel fuel. 9

"Diesel fuel" has the same meaning as in section 5735.01 10
of the Revised Code. 11
(2) "Ethanol extended fuel" means a mixture of gasoline 12
and ethanol. 13
"Fuel inspector" means a county auditor or any person who 14
is designated by the county auditor to perform motor fuel 15
quality testing under this section. 16

S. B. No. 80 As Introduced

"Motor fuel" means gasoline or diesel any of the following 17
types of fuel that is sold by a retailer retail dealer: 18
(1) Conventional fuel; 19
(2) Biodiesel or blended biodiesel fuel; 20

(3) Ethanol extended fuel. 21

"Retail dealer" has the same meaning as in section 5735.01 22
of the Revised Code. 23
"Retail service station" has the same meaning as in 24
section 5735.01 of the Revised Code. 25
(B) The director of agriculture may adopt rules in 26
accordance with Chapter 119. of the Revised Code establishing a 27
motor fuel quality testing program that is uniform throughout 28
the state. 29
(C)(1) Unless a motor fuel quality testing program is 30
established in rules under division (B) of this section, is 31
funded, and is implemented by the department of agriculture, a 32
county auditor may implement a motor fuel quality testing 33
program in the auditor's county whereby a fuel inspector may 34
test motor fuel quality for octane level, sediment, and water in 35
the fuel. No fuel inspector shall charge any inspection or 36
registration fees to perform motor fuel quality testing. 37
(2) Except as provided in this division, a county auditor 38
who implements a motor fuel quality testing program under this 39
section shall acquire testing equipment or ensure that testing 40
equipment is available for the county's program. The county 41
auditor shall ensure that the testing equipment meets the most 42
recent standards established by the American society for testing 43
and materials (ASTM) international. A county auditor may 44

S. B. No. 80 As Introduced

contract with another county to use that county's testing 45
equipment so long as the contract provides that the testing is 46
performed by a fuel inspector from the county that owns the 47
testing equipment. A county auditor shall not allow the county's 48
testing equipment to be used in any other county for fuel 49
quality testing purposes unless a fuel inspector for the county 50
that owns the equipment is conducting the testing. 51
(D) If a county auditor implements a fuel quality testing 52
program under this section, a retail dealer in the applicable 53
county shall do all of the following when requested by a fuel 54
inspector: 55
(1) Allow the fuel inspector to test the octane level and 56
sediment from the retail dealer's motor fuel pumps; 57
(2) Allow the fuel inspector to test the water and 58
sediment in the retail dealer's motor fuel storage tanks; 59
(3) Allow the fuel inspector to pump a sample of motor 60
fuel, free of charge and in containers provided by the fuel 61
inspector, in an amount required by the fuel inspector for 62
testing. 63
(E) A fuel inspector shall do all of the following when 64
performing motor fuel quality testing: 65
(1) Use testing equipment that meets the most recent 66
standards established by the American society for testing and 67
materials (ASTM) international; 68
(2) Adhere to any standard or guideline set forth by the 69
director of agriculture, in accordance with division (F)(3) of 70
this section, relating to petroleum product quality and sampling 71
and testing methods that are consistent with the ASTM; 72

S. B. No. 80 As Introduced

(3) Except as otherwise provided in division (E)(2) of 73
this section, adhere to the following motor fuel quality testing 74
compliance standards: 75
(a) Fuel storage tanks shall not exceed one-quarter inch 76
of water for ethanol extended fuel and shall not exceed two 77
inches of water for conventional fuel. 78
(b) Gasoline and ethanol extended fuel octane levels 79
tested at the pump shall be within one octane point of the 80
octane level listed on the pump. 81
(c) Gasoline and ethanol extended fuel tested at the pump, 82
per ASTM requirements, shall be visually free of undissolved 83
water, sediment, and suspended matter and shall be clear and 84
bright at either an ambient temperature or seventy degrees 85
Fahrenheit, whichever is higher. 86
(d) Diesel fuel tested at the pump shall meet the 87
standards defined by the ASTM. 88
(F)(1) For a violation of a motor fuel quality standard 89
detected at a retail service station, a fuel inspector shall 90
issue to the applicable retail dealer an order to stop selling 91
fuel until the fuel is in compliance with this section as 92
determined by the fuel inspector. 93
(2) A fuel inspector, when issuing an order to stop 94
selling fuel under division (F)(1) of this section, may impose a 95
civil penalty on the retail dealer in accordance with rules 96
adopted by the director of agriculture under division (F)(3) of 97
this section. If the director does not adopt such rules, the 98
county auditor shall not adopt civil penalties for that county. 99
All civil penalties collected under division (F)(2) of this 100
section shall be deposited into the applicable county general 101

S. B. No. 80 As Introduced

fund. 102
(3) For purposes of a county auditor-implemented motor 103
fuel quality testing program, the director of agriculture may 104
adopt rules in accordance with Chapter 119. of the Revised Code 105
establishing civil penalties for violations of motor fuel 106
quality standards. The rules shall include procedures by which a 107
retail dealer may appeal a civil penalty. 108
(G) A fuel inspector shall transmit data collected from 109
motor fuel quality testing to the director of agriculture. The 110
director shall compile such data, including dates, locations, 111
and results received from fuel inspectors, and make the data 112
accessible to the public via the department of agriculture's web 113
site. 114
(H) Any county that lawfully implemented a motor fuel 115
quality testing program prior to the effective date of this 116
section is exempt from divisions (C) to (F) of this section. 117
Such a county may continue to implement the motor fuel quality 118
testing program as that program existed prior to the effective 119
date of this section. 120
(I) Whenever the department of agriculture is notified of 121
a United States environmental protection agency waiver of 122
standards that applies to federal fuel standards, the department 123
shall notify every county auditor's office. Any auditor 124
participating in a fuel quality testing program under this 125
section, or a fuel quality testing program implemented prior to 126
the effective date of this section, shall only test for water 127
and sediment during the waiver period. 128
Section 2. That existing section 1327.70 of the Revised 129
130

Code is hereby repealed.