LB 562 - E15 Access Standard Act


The E-15 Access Standard Act (Act), Neb. Rev. Stat. §§66-2208 to 66-2218, was adopted by LB562 of 2023. E-15 Access Standard Act

Section 66-2211 of the Act provides that beginning January 1, 2024, if a retail dealer constructs a new retail motor fuel site or 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 Nebraska Department of Agriculture under §66-2215 of the Act in which the retail dealer swears or affirms that the retail motor fuel site qualifies as a small retail motor fuel site.

  • A qualifying motor fuel dispenser means a motor fuel dispenser that is capable of dispensing motor fuel at all times that it is in operation.

Non-qualifying motor fuel dispensers are dispensers that exclusively dispense any of the following:

  • Aviation fuel
  • Diesel fuel
  • Diesel Exhaust Fluid
  • Kerosene
  • Vehicle tank meters which do not dispense motor fuel on the premises of a retail motor fuel site
  • Dispensers operated as part of a commercial marinas

Section 66-2211 further provides that 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 and it is not a violation 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.

Section 66-2212 provides that 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.