SF 4163

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 03/14/2024 09:10am

A bill for an act
relating to commerce; adding an exemption for bulk delivery of certain volumes
of nonoxygenated, unleaded premium grade gasoline; amending Minnesota Statutes
2022, section 239.791, by adding a subdivision; Minnesota Statutes 2023
Supplement, section 239.791, subdivision 8.

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

Section 1.

Minnesota Statutes 2023 Supplement, section 239.791, subdivision 8, is amended
to read:

Subd. 8.

Disclosure; reporting.

(a) A refinery or terminal, shall provide, at the time
gasoline is sold or transferred from the refinery or terminal, a bill of lading or shipping
manifest to the person who receives the gasoline. For oxygenated gasoline, the bill of lading
or shipping manifest must include the identity and the volume percentage or gallons of
oxygenate included in the gasoline, and it must state: "This fuel contains an oxygenate. Do
not blend this fuel with ethanol or with any other oxygenate." For nonoxygenated gasoline,
the bill or manifest must state: "This fuel is not oxygenated. It must not be sold at retail in
Minnesota." This subdivision does not apply to sales or transfers of gasoline between
refineries, between terminals, or between a refinery and a terminal.

(b) A delivery ticket required under section 239.092 for biofuel blended with gasoline
must state the volume percentage of biofuel blended into gasoline delivered through a meter
into a storage tank used for dispensing by persons not exempt under subdivisions 10 to 14
deleted text begin and deleted text end new text begin , new text end 16 new text begin , and 17 new text end .

(c) On or before the 23rd day of each month, a person responsible for the product must
report to the department, in the form prescribed by the commissioner, the gross number of
gallons of intermediate blends sold at retail by the person during the preceding calendar
month. The report must identify the number of gallons by blend type. For purposes of this
subdivision, "intermediate blends" means blends of gasoline and biofuel in which the biofuel
content, exclusive of denaturants and other permitted components, is greater than ten percent
and no more than 50 percent by volume. This paragraph only applies to a person who is
responsible for selling intermediate blends at retail at more than ten locations. A person
responsible for the product at fewer than ten locations is not precluded from reporting the
gross number of intermediate blends if a report is available.

(d) All reports provided pursuant to paragraph (c) are nonpublic data, as defined in
section 13.02, subdivision 9.

Sec. 2.

Minnesota Statutes 2022, section 239.791, is amended by adding a subdivision to
read:

new text begin Subd. 17. new text end

new text begin Bulk delivery of premium grade gasoline; exemption. new text end

new text begin (a) A person
responsible for the product may offer for sale, sell, or deliver a bulk delivery of unleaded
premium grade gasoline, as defined in section 239.751, subdivision 4, that is not oxygenated
in accordance with subdivision 1 if the conditions in paragraphs (b) to (d) are met.
new text end

new text begin (b) Nonoxygenated gas is only for use in vehicles that would qualify for an exemption
under subdivision 12, paragraph (a).
new text end

new text begin (c) No more than one bulk fuel storage tank on the premises may be used for storage of
the nonoxygenated gasoline.
new text end

new text begin (d) The bulk fuel delivery is 500 gallons or less.
new text end