Senate Bill 2373

AN ACT TO PROVIDE LIABILITY PROTECTIONS FOR REFINERS, SUPPLIERS, WHOLESALERS AND RETAILERS FROM DAMAGES CAUSED BY THE USE OF INCOMPATIBLE MOTOR FUEL DISPENSED AT A RETAIL SITE IF CERTAIN CONDITIONS ARE MET; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) A refiner, supplier, wholesaler or retailer is not liable for damages caused by the use of incompatible motor fuel dispensed at a retail site if all of the following apply:

(a) The incompatible fuel meets the standards promulgated by the Commissioner of Agriculture and Commerce;

(b) The incompatible fuel is selected by a person other than the retailer, including an employee or agent of the retailer; and

For the purposes of this section, a motor fuel is incompatible with a motor according to the manufacturer of the motor.

(2) For purposes of this section, the following terms shall have the meanings ascribed in this subsection, unless the context clearly indicates otherwise:

(a) "Motor fuel" means gasoline, diesel fuel, substitute fuel, renewable fuel and blended fuel.

(b) "Refiner" means a person who owns, operates or otherwise controls a refinery within the United States.

(c) "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 vessel, or at a rack.

(d) "Retailer" means a person who engages in the business of selling or distributing to the end user within this state.

(e) "Supplier" means a person who meets all the following conditions:

(i) Is subject to the general taxing jurisdiction of this state;

(ii) Is registered under Section 4101 of the Internal Revenue Code for transactions in taxable motor fuels in the bulk transfer/terminal distribution system; and

(iii) Is one (1) of the following:

1. Is the "position holder" in a terminal or refinery in this state;

2. Imports motor fuel into this state from a foreign country;

3. Acquires motor fuel from a terminal or refinery in this state from a position holder pursuant to a "two-party exchange";

4. Is the position holder in a terminal or refinery outside this state with respect to motor fuel which that person imports into this state on his account.

A terminal operator is not considered a supplier merely because the terminal operator handles motor fuel consigned to it within a terminal.

(f) "Terminal operator" is a person who owns, operates or otherwise controls a terminal and does not use a substantial portion of the motor fuel that is transferred through or stored in the terminal for its own use. "For its own use" means for its own consumption or in the manufacture of products other than motor fuel.

(g) "Wholesaler" means a person who acquires motor fuel from a supplier or from another wholesaler for subsequent sale and distribution at wholesale by tank cars, motor vehicles or both.

SECTION 2. This act shall take effect and be in force from and after July 1, 2021.