AI Generated Summary
Purpose
This bill aims to ensure broad access to E15 gasoline (gasoline with 15% ethanol) and to manage its supply and price. It also creates processes for waivers and rulemaking to implement the new requirements in Minnesota law.
Key Provisions
E15 access for existing retailers
- Starting August 1, 2030, retailers with compatible infrastructure must advertise and offer E15 from at least one dispenser that is always capable of dispensing gasoline while it is in operation.
E15 access for new retailers
- Starting January 1, 2028, retailers opening a new fuel station must offer E15 from at least 50% of their dispensers that are always capable of dispensing gasoline while in operation.
Suspension and adjustments (price and availability)
- The Commissioner of Agriculture must regularly check wholesale E15 price and availability and report findings to the governor.
- The governor, after consultation, can adjust the E15 requirements by executive order if there is a price disparity causing economic hardship for retailers or if E15 becomes unavailable. The adjustment applies for a set period and then the original requirements resume after it ends.
Small retailer waiver
- The commissioner can waive E15 requirements for retailers with annual sales not exceeding $300,000.
- Retailers can apply for a waiver with evidence of low sales; applications require honesty affirmations.
- The Department of Revenue may certify a retailer’s site-specific average gasoline gallons for the relevant period to evaluate the waiver.
- Data shared with the Department of Agriculture is treated as nonpublic data and used only to evaluate the waiver.
- Rules may be adopted to run this waiver process.
Incompatible infrastructure waiver
- The commissioner can issue waivers if a retailer’s current storage tanks are old or incompatible (specific tank age and construction criteria) or if upgrading would cost more than $100,000.
- Retailers must provide evidence and may be asked to submit an inspection report from a qualified professional.
- The commissioner will review and decide on the waiver within 120 days of filing.
Terminable events
- Waivers end if the retailer stops selling gasoline or makes certain changes to its tanks or infrastructure.
Waiver publication
- A copy of every waiver order must be posted on the department’s website within 10 days of issue, and the order takes effect on publication unless a later date is stated.
Administration and Enforcement
- Responsible agencies and roles
- Department of Agriculture and its Commissioner administer the E15 requirements and waivers.
- Department of Revenue assists with site-specific gasoline gallonage data for waivers.
- Data and privacy
- Some data used for waivers are treated as nonpublic, but may be shared between departments as needed for evaluating waiver requests.
Timeline and Practical Impact
- New retailers: effect begins Jan 1, 2028
- Existing retailers: effect begins Aug 1, 2030
- Possible temporary adjustments by the governor via executive order if prices or availability create hardship
Significant Changes to Law
- Introduces a mandatory pathway to offer E15 at most fueling sites, with phased timelines for new and existing stations.
- Establishes two waiver pathways (small retailer and incompatible infrastructure) with specific criteria, data sharing, and a defined review period.
- Adds a mechanism for executive intervention to pause or modify requirements during price or supply issues.
- Creates rules and data handling procedures involving the Department of Revenue and the Department of Agriculture.
Relevant Terms E15, ethanol, 15 percent ethanol by volume, gasoline, fuel station, dispenser, retailer, Commissioner of Agriculture, Department of Agriculture, wholesale E15 price, availability, executive order, small retailer waiver, annual sales, Department of Revenue, site-specific gasoline gallonage, nonpublic data, incompatible infrastructure waiver, tank age, tank construction, waiver order, rulemaking, Minnesota Statutes chapter 239.
Bill text versions
- Introduction PDF PDF file
Actions
| Date | Chamber | Where | Type | Name | Committee Name |
|---|---|---|---|---|---|
| March 25, 2026 | Senate | Action | Introduction and first reading | ||
| March 25, 2026 | Senate | Action | Referred to | Commerce and Consumer Protection |
Citations
[
{
"analysis": {
"added": [
"Adds definitions to implement E15 access provisions within Subd.1."
],
"removed": [],
"summary": "Defines terms for E15 Access within the section introduced by the bill.",
"modified": [
"Clarifies the terminology used for E15 access, fueling the subsequent subdivisions."
]
},
"citation": "239.793",
"subdivision": "Subd.1"
},
{
"analysis": {
"added": [
"A new requirement that at least one dispenser must offer E15 for existing retailers after a specified date."
],
"removed": [],
"summary": "Requires existing retailers with compatible infrastructure to advertise for sale and offer E15 from at least one dispenser.",
"modified": [
"Expands the availability of E15 at existing retail sites."
]
},
"citation": "239.793",
"subdivision": "Subd.2"
},
{
"analysis": {
"added": [
"A new requirement that new stations must offer E15 on at least half of dispensers."
],
"removed": [],
"summary": "For new fuel stations, requires offering E15 from at least 50% of dispensers beginning 2028.",
"modified": [
"Implements an initial, higher-access requirement for newly constructed fuel stations."
]
},
"citation": "239.793",
"subdivision": "Subd.3"
},
{
"analysis": {
"added": [
"Adds a mechanism for price/availability monitoring and potential executive order adjustments."
],
"removed": [],
"summary": "Empowers the commissioner to periodically determine wholesale E15 price/availability and allow executive adjustments.",
"modified": [
"Provides a pathway to suspend or modify E15 requirements during price disparities or shortages."
]
},
"citation": "239.793",
"subdivision": "Subd.4"
},
{
"analysis": {
"added": [
"Introduces a waiver pathway for small retailers (sales ≤ $300,000) and data-certification requirements by the Department of Revenue."
],
"removed": [],
"summary": "Creates a small retailer waiver process with criteria tied to annual sales; establishes certification of gasoline gallonage data.",
"modified": [
"Adds data-sharing and privacy provisions related to waiver determinations."
]
},
"citation": "239.793",
"subdivision": "Subd.5"
},
{
"analysis": {
"added": [
"Creates an administrative waiver option for incompatible infrastructure with defined criteria and documentation requirements."
],
"removed": [],
"summary": "Establishes an incompatible infrastructure waiver pathway with specific criteria and application processes.",
"modified": [
"Adds protections and procedures for determining eligibility for infrastructure-based waivers."
]
},
"citation": "239.793",
"subdivision": "Subd.6"
},
{
"analysis": {
"added": [
"Specifies events that terminate waiver orders (e.g., cessation of gasoline advertising/sales; tank changes)."
],
"removed": [],
"summary": "Defines terminable events for waiver orders.",
"modified": [
"Sets the conditions under which waivers can be terminated."
]
},
"citation": "239.793",
"subdivision": "Subd.7"
},
{
"analysis": {
"added": [
"Imposes a publication requirement for waiver orders."
],
"removed": [],
"summary": "Requires publication of waiver orders on the department’s website within ten days.",
"modified": [
"Establishes a timing and disclosure framework for waivers."
]
},
"citation": "239.793",
"subdivision": "Subd.8"
},
{
"analysis": {
"added": [
"Clarifies nonpublic data sharing with the department for waiver determinations."
],
"removed": [],
"summary": "Notwithstanding any other law, data classified as nonpublic under 13.02.8a may be shared with the department on request.",
"modified": [
"Reinforces data-sharing allowances while preserving nonpublic status under 13.02."
]
},
"citation": "13.02",
"subdivision": "Subd.8a"
},
{
"analysis": {
"added": [
"Specifies nonpublic data status and restricted use for waiver-related information."
],
"removed": [],
"summary": "The information maintained under this section is nonpublic data and limited to evaluating waiver applications and issuing waivers.",
"modified": [
"Tightens data handling and privacy protections for waiver processes."
]
},
"citation": "13.02",
"subdivision": "Subd.9"
}
]Progress through the legislative process
In Committee