SF 4808
Introduction - 94th Legislature (2025 - 2026)
Posted on 03/26/2026 09:17 a.m.
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A bill for an act
relating to commerce; requiring access to E-15 gasoline; requiring the Department
of Agriculture to monitor E-15 supply and prices; requiring the Department of
Agriculture to issue waivers; requiring the Department of Revenue to certify
application information; authorizing rulemaking; proposing coding for new law
in Minnesota Statutes, chapter 239.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
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[239.793] E-15 ACCESS.
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new text begin Subdivision 1. new text end
new text begin Definitions. new text end
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(a) For purposes of this section, the following terms have
the meanings given.
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(b) "Commissioner" means the commissioner of agriculture.
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(c) "Department" means the Department of Agriculture.
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(d) "E-15" means gasoline containing 15 percent ethanol by volume.
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(e) "Fuel station" means a location where a retailer offers for sale, sells, or dispenses
gasoline.
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(f) "Retailer" means a person who offers for sale, sells, or dispenses gasoline.
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new text begin Subd. 2. new text end
new text begin Existing retailers. new text end
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Beginning on August 1, 2030, a retailer with compatible
infrastructure must advertise for sale and offer E-15 from at least one dispenser that must
always be capable of dispensing gasoline while the dispenser is in operation.
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new text begin Subd. 3. new text end
new text begin New retailers. new text end
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Beginning on January 1, 2028, a retailer opening a new fuel
station must offer E-15 from at least 50 percent of dispensers that must always be capable
of dispensing gasoline while the dispensers are in operation.
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new text begin Subd. 4. new text end
new text begin Suspension of E-15 requirements. new text end
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The commissioner must periodically
determine the wholesale E-15 gasoline price and availability. The commissioner must report
wholesale E-15 price differences and the availability of E-15 to the governor who, after
consultation with the commissioner and commissioner of commerce, may adjust the E-15
requirements in this section by executive order if a price disparity reported by the
commissioner causes economic hardship to retailers or if E-15 becomes unavailable. An
adjustment must be made for a specified period of time. After the executive order expires,
the requirements in this section apply.
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new text begin Subd. 5. new text end
new text begin Small retailer waiver. new text end
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(a) The commissioner may waive the requirement for
a retailer to comply with this section if the retailer reports the fuel station has annual sales
that do not exceed $300,000.
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(b) A retailer may apply for a small retailer waiver order by submitting an application
to the department in a manner and according to procedures required by the department.
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(c) The retailer's application must be supported by credible evidence that the retailer's
fuel station had sales that did not exceed $300,000 during the calendar year immediately
preceding the year in which the request for the waiver is made. The retailer must sign the
application, which must include a statement that the retailer swears and affirms that the
information in the application is true and correct.
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(d) Upon request by the commissioner, the commissioner of revenue must certify the
average total gasoline gallonage for the retailer's fuel station for a specified determination
period. The total gasoline gallonage must be based on site-specific information for the
retailer's fuel station as reported by the retailer in required reports submitted to the
Department of Revenue. If the Department of Revenue is unable to determine site-specific
information for the retailer's fuel station from the reports, the Department of Revenue may
use other methods to calculate the total gasoline gallonage for the fuel station.
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(e) Notwithstanding any other law classifying the data as nonpublic data, as defined in
section 13.02, subdivision 8a, the commissioner of revenue must share data classified as
nonpublic data with the department upon a request submitted under paragraph (d). The
information maintained by the department under this section is nonpublic data, as defined
in section 13.02, subdivision 9, and must be used by the department only to: (1) evaluate
the retail dealer's application for waiver approval; and (2) issue a waiver order under this
subdivision.
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(f) The Department of Revenue and the department may adopt rules to administer this
subdivision.
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new text begin Subd. 6. new text end
new text begin Incompatible infrastructure waiver. new text end
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(a) The commissioner may issue an
administrative order that waives the requirements for a retailer to comply with this section
if:
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(1) the retailer's fuel station has gasoline tanks in use that were installed prior to 1985;
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(2) the retailer's fuel station has gasoline tanks in use constructed with double-wall
fiberglass prior to 1991;
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(3) the retailer's fuel station has gasoline tanks in use constructed with single-wall
fiberglass prior to 1996; or
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(4) the retailer's fuel stations require upgrades that exceed $100,000 to make the fuel
station infrastructure compatible to sell E-15.
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(b) A retailer may apply for an incompatible infrastructure waiver order by submitting
an application to the department in a manner and according to procedures required by the
commissioner.
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(c) The retailer's application must be supported by credible evidence that the retailer is
unable to comply with this section because the gasoline storage infrastructure located at the
retailer's fuel station is incompatible with this section.
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(d) The application must require the retailer to provide information, including an inventory
and description of gasoline storage infrastructure located at the retailer's fuel station. The
retailer must sign the application, including a statement that the retailer swears and affirms
that the information in the application is true and correct.
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(e) The commissioner may require the retailer to attach supporting documentation to
the application, including an inspection report completed by a person certified by the
department as a professional retail motor fuel site installer. The commissioner may inspect
the premises of a fuel station during normal business hours to administer and enforce this
section.
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(f) The commissioner must review and evaluate an application to determine whether the
application is supported by credible evidence sufficient for the commissioner to issue an
order granting a waiver under this section. The commissioner must approve or disapprove
a completed application within 120 days after the date the application was delivered to the
department for filing.
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new text begin Subd. 7. new text end
new text begin Terminable events. new text end
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The commissioner must terminate waiver orders issued
under this section if a terminable event occurs. A terminable event occurs on the date:
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(1) the retailer ceases to engage in the business of advertising for sale or selling gasoline
at the retailer's fuel station; or
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(2) a gasoline tank located at the fuel station is installed, replaced, or converted.
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new text begin Subd. 8. new text end
new text begin Waiver order publication. new text end
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The commissioner must publish a copy of a waiver
order issued under this section on the department's website within ten days after the date
the order was issued. The order is effective on the date the order is published, unless the
order specifies a later effective date.
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new text begin EFFECTIVE DATE. new text end
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This section is effective the day following final enactment.
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