A BILL TO BE ENTITLED
AN ACT to promote energy efficiency by allowing the distribution of e‑blend fuels.
The General Assembly of North Carolina enacts:
SECTION 1.  Article 9 of Chapter 143 of the General Statutes is amended by adding a new section to read:
"§ 143‑143.6.  Distribution of fuels that are a blend of petroleum and ethanol.
(a)	Notwithstanding any other law or rule, E‑blend fuel may be dispensed from equipment that is fully in compliance with all requirements for use in dispensing gasoline or E‑10 if all of the following requirements are met by the entity dispensing the fuel:
(1)	The manufacturer of the dispensing equipment has provided a written statement that the dispensing equipment is, in the opinion of the manufacturer, compatible with E‑blend and does not present a distinct hazard to the public. The written statement shall reference a particular type and model of equipment and shall be signed by a responsible official on behalf of the manufacturer. The written statement shall be retained in the files of the retail outlet or other entity dispensing the fuel and shall be made available to the Office of State Fire Marshal, upon request.
(2)	The dispensing equipment fully complies with the requirements established by State law for dispensing E‑10.
(3)	The manufacturer has initiated the process of applying to an independent testing laboratory to have the equipment listed for use in dispensing E‑blend fuels.
(4)	The dispensing equipment fully discloses in bold type the type of fuel being dispensed by percentage of ethanol included.
(b)	As used in this section:
(1)	"E‑10" means a blend of petroleum and ethanol including no more than  ten percent (10%) ethanol intended for use as a motor vehicle fuel.
(2)	"E‑blend" means a blend of petroleum and ethanol including more than ten percent (10%) ethanol intended for use as a motor vehicle fuel.
(3)	"Listed" means equipment or materials included on a list published by an approved testing laboratory, inspection agency, or other organization concerned with current production evaluation that maintains periodic inspection of production of listed equipment or materials, and whose listing states that equipment or materials comply with approved nationally recognized standards and have been tested or evaluated and found suitable for use in a specified manner."
SECTION 2.  This act is effective when it becomes law and expires July 1, 2009.