Sections 66-2208 to 66-2218 shall be known and may be cited as the E-15 Access Standard Act.

The purpose of the E-15 Access Standard Act is to increase consumer access to E-15 gasoline through the establishment of an access standard.

For purposes of the E-15 Access Standard Act, unless the context otherwise requires:

(1) Department means the Department of Agriculture;

(2) Director means the Director of Agriculture;

(3) E-15 access standard means the requirements described in subsections (1) and (2) of section 66-2211;

(4) E-15 gasoline means a classification of ethanol blended gasoline formulated with a percentage of more than ten percent but no more than fifteen percent by volume of ethanol;

(5) Ethanol has the same meaning as agricultural ethyl alcohol as defined in section 66-482;

(6) Motor fuel means all products and fuel commonly or commercially known as gasoline, including ethanol and the various ethanol and gasoline blends;

(7) Motor fuel dispenser means equipment that is the part of motor fuel storage and dispensing infrastructure that includes mechanical or electrical systems that operate a motor fuel pump dispensing motor fuel from a motor fuel storage tank to the end point of the equipment's nozzle;

(8) Motor fuel pump means the part of motor fuel storage and dispensing infrastructure that is a meter or similar commercial weighing and measuring device used to measure and dispense motor fuel originating from a motor fuel storage tank, on a retail basis;

(9)(a) Motor fuel storage and dispensing infrastructure means equipment used to:

(i) Store and dispense motor fuel; or

(ii) Store, blend, and dispense motor fuel.

(b) Motor fuel storage and dispensing infrastructure includes, but is not limited to, motor fuel storage tanks, motor fuel pumps, and motor fuel dispensers. Motor fuel storage and dispensing infrastructure does not include signage not located on the motor fuel dispenser or motor fuel pump;

(10) Motor fuel storage tank means the part of motor fuel storage and dispensing infrastructure that includes an aboveground or belowground container constituting a fixture used to store an accumulation of motor fuel;

(11) Nonqualifying motor fuel dispenser means:

(a) A dispenser that exclusively dispenses any of the following:

(i) Aviation fuel;

(ii) Diesel fuel;

(iii) Kerosene; or

(iv) Diesel exhaust fluid;

(b) A dispenser that is part of a tank vehicle as defined in section 60-4,131 that is not used to dispense motor fuel on the premises of the retail motor fuel site; or

(c) A dispenser that is part of a commercial marina;

(12) Qualifying motor fuel dispenser means a motor fuel dispenser that is capable of dispensing motor fuel at all times that it is in operation. The term does not include nonqualifying motor fuel dispensers;

(13) Retail dealer means a person engaged in the business of storing and dispensing motor fuel from a motor fuel pump for sale on a retail basis; and

(14) Retail motor fuel site means a geographic location in this state where a retail dealer sells and dispenses motor fuel on a retail basis.

(1) Beginning January 1, 2024, if a retail dealer constructs a new retail motor fuel site or cumulatively from such date replaces more than eighty percent of the motor fuel storage and dispensing infrastructure located at an existing retail motor fuel site, the retail dealer shall advertise for sale and sell E-15 gasoline from at least fifty percent of all qualifying motor fuel dispensers located at such retail motor fuel site unless the retail dealer has filed a statement with the department under section 66-2215 in which the retail dealer swears or affirms that the retail motor fuel site qualifies as a small retail motor fuel site.

(2) If the statewide ethanol blend rate for 2027 is below fourteen percent as determined pursuant to section 66-2216 and the retail motor fuel site is not a retail motor fuel site described in subsection (1) of this section, then beginning January 1, 2028, the retail dealer shall advertise for sale and sell E-15 gasoline from at least one qualifying motor fuel dispenser located at such retail motor fuel site unless:

(a) A waiver has been issued under section 66-2213 because the motor fuel storage and dispensing infrastructure located at the retail motor fuel site is not compatible with the use of E-15 gasoline;

(b) The retail motor fuel site is exempt under section 66-2214 because all of the motor fuel storage tanks located at such site are listed with the State Fire Marshal as described in section 66-2214; or

(c) The retail dealer has filed a statement with the department under section 66-2215 in which the retail dealer swears or affirms that the retail motor fuel site qualifies as a small retail motor fuel site.

(3) A retail dealer owning or operating a retail motor fuel site is not prohibited from advertising for sale and selling motor fuel from any number of nonqualifying motor fuel dispensers.

(4) It is not a violation of this section if a retail dealer is out of compliance with this section while (a) temporarily maintaining, repairing, or reconditioning motor fuel storage and dispensing infrastructure or (b) temporarily installing, expanding, replacing, or converting motor fuel storage and dispensing infrastructure. The department may require that a retail dealer notify the department in advance of such actions, and the department may inspect the retail motor fuel site to determine if a violation occurred.

The Governor may issue or renew an executive order that temporarily suspends the E-15 access standard if there is an inadequate supply of E-15 gasoline or the market price of E-15 gasoline may cause consumers to suffer economic hardship.

(1) The director shall issue an administrative order that waives the requirement that a retail dealer comply with subsection (2) of section 66-2211 at a retail motor fuel site owned or operated by the retail dealer if the retail motor fuel site qualifies under this section based on the fact that the motor fuel storage and dispensing infrastructure located at such site is not compatible with the use of E-15 gasoline.

(2) A retail dealer may apply for a waiver under this section by submitting an application to the department in a manner prescribed by the department.

(3) The application shall be supported by credible evidence that the retail dealer is unable to comply with subsection (2) of section 66-2211 because the motor fuel storage and dispensing infrastructure located at the retail motor fuel site is not compatible with the use of E-15 gasoline and the cost to replace the motor fuel storage and dispensing infrastructure would exceed fifteen thousand dollars as determined by a person certified by the department as a professional retail motor fuel site installer. For purposes of this section, motor fuel storage and dispensing infrastructure is compatible with E-15 gasoline if the equipment is included in a list published by an independent testing laboratory for use with E-15 gasoline or the manufacturer of the equipment has issued a written statement of compatibility with E-15 gasoline.

(4) The application shall include an inventory and description of the motor fuel storage and dispensing infrastructure located at the retail motor fuel site.

(5) The department may require a retail dealer to attach any supporting documentation to the application, which may include an inspection report completed by a person certified by the department as a professional retail motor fuel site installer. The certified professional retail motor fuel site installer may be a licensed engineer or other person who the department determines is qualified by education, testing, or experience to oversee a project involving the installation, replacement, or conversion of motor fuel storage and dispensing infrastructure.

(6) The department, in consultation with the State Fire Marshal, shall review and evaluate an application to determine whether it is supported by credible evidence sufficient for the director to issue an order granting a waiver under this section. The department shall approve or disapprove a completed application within one hundred twenty days following the date that the application was submitted to the department.

(7) The retail dealer shall sign the application, which shall include a statement that the retail dealer swears or affirms that all information in the application completed by the retail dealer is true and correct. If a certified professional retail motor fuel site installer completes an inspection report to support an application, the installer shall sign a statement that the installer swears or affirms that all information in the inspection report completed by the installer is true and correct.

(8) The department may inspect the premises of a retail motor fuel site during normal business hours to administer and enforce the provisions of this section.

(9) The department shall publish a copy of each administrative order granting a waiver under this section on the department's website within ten days after the issuance of the order. The order shall take effect on its date of publication, unless the order specifies a later date.

(10)(a) The director shall terminate an administrative order issued under this section if a terminable event has occurred. A terminable event includes any of the following:

(i) The failure of a retail dealer to maintain a valid permit as required under section 89-187.01;

(ii) The cessation of the retail dealer's business of advertising for sale or selling motor fuel at the retail motor fuel site; or

(iii) The installation, replacement, or conversion of a motor fuel storage tank located at the retail motor fuel site.

(b) The department may require that a retail dealer notify the department that a terminable event as described in subdivision (10)(a) of this section is planned to occur, is occurring, or has occurred.

Subsection (2) of section 66-2211 shall not apply to a retail motor fuel site if all of the motor fuel storage tanks located at such site are listed with the State Fire Marshal as falling within one of the following categories:

(1) Each motor fuel storage tank not constructed of fiberglass was installed during or prior to 1985; or

(2) Each motor fuel storage tank constructed of fiberglass was installed during or prior to:

(a) For a double-wall fiberglass underground motor fuel storage tank, 1991; or

(b) For a single-wall fiberglass underground motor fuel storage tank, 1996.

(1) The E-15 access standard shall not apply to a retail motor fuel site if the retail dealer provides a statement to the Department of Agriculture in which the retail dealer swears or affirms that the retail motor fuel site qualifies under this section as a small retail motor fuel site. A retail dealer may include multiple retail motor fuel sites in one statement.

(2) For purposes of this section, a retail motor fuel site shall qualify as a small retail motor fuel site if:

(a) The retail motor fuel site has only one qualifying motor fuel dispenser; or

(b) The retail motor fuel site's average annual gasoline gallonage was three hundred thousand gallons or less for the most recent three-year period.

(3) Upon request by the Department of Agriculture, the Department of Revenue shall determine whether or not a particular retail motor fuel site met the average annual gasoline gallonage requirement described in subdivision (2)(b) of this section and shall inform the Department of Agriculture of such determination. The determination shall be based on information for the retail motor fuel site in motor fuel tax returns required to be filed by the retail dealer with the Department of Revenue.

(4) The information received by the Department of Agriculture from the Department of Revenue under subsection (3) of this section shall be confidential and shall be used by the Department of Agriculture for the limited purposes of evaluating a retail dealer's compliance with this section.

(5) The Department of Revenue may adopt and promulgate rules and regulations as needed to carry out this section.

(6) The Department of Agriculture shall publish on its website the number of statements filed with the department under this section and the total number of retail motor fuel sites qualifying as small retail motor fuel sites.

(7) The Department of Agriculture may inspect the premises of a retail motor fuel site during normal business hours to administer and enforce the provisions of this section.

Beginning in 2025, the Department of Revenue and the Department of Environment and Energy shall annually issue a joint report that identifies the statewide ethanol blend rate. The statewide ethanol blend rate shall be equal to the average percentage of ethanol contained in each gallon of motor fuel sold in this state. Retail dealers shall provide a quarterly report of the number of gallons of each type of motor fuel sold and the percentage of ethanol in each gallon to the Department of Revenue. Reports to the Department of Revenue shall be submitted on a form and in the manner prescribed by the Department of Revenue.

(1) Beginning January 1, 2024, the department may suspend or revoke a permit issued to a retail dealer pursuant to section 89-187.01 if the retail dealer fails to comply with subsection (1) of section 66-2211.

(2) Beginning April 1, 2028, the department may suspend or revoke a permit issued to a retail dealer pursuant to section 89-187.01 if the retail dealer fails to comply with subsection (2) of section 66-2211.

The department may adopt and promulgate rules and regulations to carry out the E-15 Access Standard Act.