AB29 - Revises provisions relating to motor vehicle fuel. (BDR 51-271)

- 83rd Session (2025) Assembly Bill No. 29–Committee on Natural Resources CHAPTER.......... AN ACT relating to motor vehicle fuel; establishing certain requirements for the display and labeling of pumps and dispensers for motor vehicle fuel at a motor vehicle fuel dispensing site; requiring certain types of motor vehicle fuel to be identified and labeled in a certain manner; revising requirements relating to the advertisement of prices of motor vehicle fuel; revising certain requirements relating to the letters, words, figures and numerals used on an advertising medium for motor vehicle fuel; repealing requirements for certain letters and numerals used on advertising mediums; providing penalties; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law sets forth certain requirements for the advertisement of motor vehicle fuel and petroleum products. (NRS 590.160-590.330) Section 2 of this bill requires the owner or operator of a motor vehicle fuel dispensing site to ensure that each pump or dispenser displays or is labeled with certain information. Section 2 also requires the owner or operator to post a sign or label containing certain information at a motor vehicle fuel dispensing site that is unattended. Section 3 of this bill requires, with certain exceptions, an advertising medium, pump or dispenser for ethanol flex fuel, biodiesel or a biodiesel blend to: (1) identify the fuels in a certain manner; and (2) be labeled with the automotive fuel rating in accordance with the requirements of federal law. Section 3 also authorizes the State Board of Agriculture to adopt regulations to establish alternative identifications for ethanol flex fuel, biodiesel or a biodiesel blend to be used on an advertising medium, pump or dispenser. Section 4 of this bill applies the definitions in existing law governing motor vehicle fuel to the provisions of sections 2 and 3. Existing law requires advertising mediums for motor vehicle fuel to display the actual price per unit of measure of motor vehicle fuel, including taxes, together with the brand name and the individual grade or grades of the motor vehicle fuel being advertised. (NRS 590.170) Section 5 of this bill requires an advertising medium that advertises motor vehicle fuel prices using gallons to display the same total price per gallon on the advertising medium and the pump or dispenser. Section 5 requires that, if the price of the fuel: (1) increases from the advertised price, the price on the advertising medium must be changed before or at the same time the price is changed on the pump or dispenser; and (2) decreases from the advertised price, the price on the pump or dispenser must be changed before or at the same time the price is changed on the advertising medium. Section 5 also requires any roadside sign that advertises or displays the price of motor vehicle fuel but is not connected to a pump or dispenser for motor vehicle fuel to state certain information relating to the price and unit of measure of the fuel. Existing law authorizes the advertisement of the price of diesel fuel excluding state tax if the sign contains certain wording in a size not less than 4 inches in height. (NRS 590.170) Section 5 instead requires that the wording be not less than one-third of the height of the numerals used to indicate the price of the diesel fuel. – 2 – - 83rd Session (2025) Existing law requires that all letters, words, figures or numerals used on an advertising medium to indicate the price of motor vehicle fuel be uniform in size, at least 6 inches in height and the height must not be more than twice the width. (NRS 590.180, 590.200) Section 6 of this bill removes a reference to this requirement, but does not eliminate the requirement. Section 7 of this bill clarifies that if a fraction is used on a price sign to indicate the price of motor vehicle fuel, the combined height of the numerator and denominator must be of the same height and design as the other numerals indicating price. Existing law requires that if the price of a brand name or grade of motor vehicle fuel is advertised by means of a price sign and is sold at different prices, the sign or signs advertising the prices must include notice of the conditions under which the brand name or grade is sold. (NRS 590.230) Section 8 of this bill requires that if a brand or grade of motor vehicle fuel is sold at different prices based on whether a customer meets a condition, the price must be available to all customers who meet the condition. Section 8 also provides that if a sign or signs advertise different prices based on: (1) whether the fuel is purchased with cash or credit, the sign or signs must state both the cash and credit price or the highest of either the cash or credit price; (2) whether the grade of fuel is alcohol-free, the sign or signs may state the lowest of the two prices; and (3) a customer loyalty program or similar program, the sign or signs must state both the highest price that may be charged if a customer does not qualify and the discounted price or may state only the highest price. Existing law requires that all letters, words, figures or numerals used on an advertising medium be plainly visible and of such colors or tints to contrast with the remaining parts of the advertising medium. (NRS 590.260) Section 9 of this bill additionally requires that the letters, words, figures or numerals appearing on an electronic sign meet such requirements and be clearly visible during the day and at night. Section 10 of this bill reorganizes requirements that certain words, letters, figures or numerals on an advertising medium be of like color or tint. Sections 11 and 12 of this bill make the civil and criminal penalties of the existing law governing the advertisement of motor vehicle fuel and petroleum products apply to a person who violates the provisions of sections 2 and 3. Section 13 of this bill repeals an exemption for the numeral “1” and the letter “l” from certain advertising requirements for motor vehicle fuel and petroleum products. EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. Chapter 590 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act. Sec. 2. 1. The owner or operator of a motor vehicle fuel dispensing site shall ensure that each pump or dispenser at a motor vehicle fuel dispensing site is labeled in accordance with the requirements of this section. 2. Each pump or dispenser at a motor vehicle fuel dispensing site must: – 3 – - 83rd Session (2025) (a) Display the price, grade and octane rating, if applicable, of each motor vehicle fuel available at the pump or dispenser; (b) Include a label that complies with the applicable requirements of 16 C.F.R. Part 306 for each motor vehicle fuel available at the pump or dispenser; (c) If a reduced price is available for a motor vehicle fuel, including, without limitation, a difference in price based on the method of payment or a discount conditioned upon the sale of another product or service, display a sign or label explaining the conditions of the reduced price; (d) If the pump or dispenser is capable of dispensing and computing the price of motor vehicle fuel at more than one price, display the highest price of each grade of motor vehicle fuel available at the pump or dispenser before a customer takes any deliberate action that results in a reduced price being shown; and (e) If the pump or dispenser dispenses gasoline: (1) With an ethanol content that is: (I) Less than or equal to 10 percent by volume, include a label with the statement “May contain up to 10% ethanol,” which must be printed in block letters that are not less than one-fourth of an inch in height on a background that contrasts with the color of the letters; or (II) More than 10 percent by volume but not more than 15 percent by volume, include a label that complies with the requirements of 40 C.F.R. § 1090.1510. (2) Containing an oxygenate other than ethanol, include a label that: (I) Indicates the type and maximum percent by volume of oxygenate contained in the gasoline; and (II) Includes a statement in substantially the following form: “May contain up to (number)% (type of oxygenate).” 3. If a pump or dispenser at a motor vehicle fuel dispensing site is unattended, the owner or operator shall post for public viewing at the site a sign or label that in a clear and conspicuous manner lists the name, address and telephone number of the owner or operator. 4. If a motor vehicle fuel dispensing site has a separate pump or dispenser for credit and cash transactions, each pump or dispenser must clearly indicate which form of payment is required to use the pump or dispenser. 5. If a pump or dispenser at a motor vehicle fuel dispensing site may be used for both credit and cash transactions, each pump or dispenser must: – 4 – - 83rd Session (2025) (a) Be labeled to indicate whether debit transactions are treated as a credit or cash transaction. Such a label may include, without limitation, “cash/debit,” “debit=cash,” “credit/debit” or “debit=credit.” (b) If the pump or dispenser is capable of computing: (1) Only one price, display the highest unit price and per unit discount rate. (2) Both a credit and cash price, display the credit surcharge rate or the cash discount rate. 6. Any label or information that is required by this section to be displayed on a pump or dispenser must be: (a) Posted on the top half of the front panel of each pump or dispenser; and (b) Clean, legible and visible to the public at all times. Sec. 3. 1. Except as otherwise provided in subsections 2 and 4, any advertising medium, pump or dispenser that advertises or dispenses ethanol flex fuel, biodiesel or a biodiesel blend must identify on the advertising medium, pump or dispenser, as applicable: (a) Ethanol flex fuel as “Ethanol Flex Fuel” or “EXX Flex Fuel.” (b) Biodiesel as “Biodiesel” with the designation “B100” or “B99.” (c) A biodiesel blend as “Biodiesel Blend.” 2. The State Board of Agriculture may adopt regulations to establish alternative identifications for ethanol flex fuel, biodiesel or a biodiesel blend to be used on an advertising medium, pump or dispenser. Such identifications may be used in lieu of the identifications set forth in subsection 1. 3. Each pump or dispenser for ethanol flex fuel, biodiesel or a biodiesel blend must post the automotive fuel rating of the ethanol flex fuel, biodiesel or biodiesel blend in accordance with the requirements of 16 C.F.R. Part 306. 4. The provisions of this section do not apply to a biodiesel blend that contains less than or equal to 5 percent by volume of biodiesel that is sold or offered for sale as diesel fuel. Sec. 4. NRS 590.020 is hereby amended to read as follows: 590.020 As used in NRS 590.010 to 590.330, inclusive, and sections 2 and 3 of this act, unless the context otherwise requires: 1. “Additives” means a substance to be added to a motor vehicle fuel, petroleum heating product, motor oil or lubricating oil to impart or improve desirable properties or to suppress undesirable properties. – 5 – - 83rd Session (2025) 2. “Advertising medium” means any sign, printed or written matter, or device for oral or visual communication. 3. “Alternative fuel” includes, without limitation: (a) Any M-85 or M-100 fuel methanol that meets the specifications for motor vehicle fuel adopted by regulation pursuant to NRS 590.070; (b) Any E-85 or E-100 fuel ethanol that meets the specifications for motor vehicle fuel adopted by regulation pursuant to NRS 590.070; (c) Liquefied petroleum gas; (d) Natural gas; (e) Any hydrogen that meets the specifications for motor vehicle fuel adopted by regulation pursuant to NRS 590.070; (f) Electricity; (g) Any biodiesel fuel that contains: (1) Diesel that meets the specifications for motor vehicle fuel adopted by regulation pursuant to NRS 590.070; and (2) At least 5 percent by volume biodiesel fuel blend stock for distillate fuels; (h) Any blend of ethanol and diesel fuel: (1) That contains: (I) Any amount of diesel fuel that meets the specifications for motor vehicle fuel adopted by regulation pursuant to NRS 590.070; and (II) At least 5 percent by volume ethanol; and (2) That may contain a proprietary additive; and (i) Any renewable diesel fuel that: (1) Contains at least 20 percent by volume renewable diesel blend stock for distillate fuels; and (2) If a part of a blend stock, contains diesel that meets the specifications for motor vehicle fuel adopted by regulation pursuant to NRS 590.070.  The term does not include a fuel that is required for use in this State pursuant to a state implementation plan adopted by this State pursuant to 42 U.S.C. § 7410. 4. “Brand name” means a name or logo that is used to identify a business or company. 5. “Diesel exhaust fluid” means an aqueous urea solution that: (a) Contains, by mass, 32.5 percent technically pure urea and 67.5 percent pure water; (b) Is used in selective catalytic reduction to lower oxides of nitrogen concentration in the exhaust emissions of diesel engines; and – 6 – - 83rd Session (2025) (c) Meets the standards set forth in the latest version of ISO 22241, “Diesel engines —NOx reduction agent AUS 32” of the International Organization for Standardization. 6. “Grade” means: (a) “Regular,” “midgrade,” “plus,” “super,” “premium” or words of similar meaning when describing a grade designation for gasoline. (b) “Diesel” or words of similar meaning, including, without limitation, any specific type of diesel, when describing a grade designation for diesel motor fuel. (c) “M-85,” “M-100,” “E-85,” “E-100” or words of similar meaning when describing a grade designation for alternative fuel. (d) “Propane,” “liquefied petroleum gas,” “compressed natural gas,” “liquefied natural gas” or words of similar meaning when describing pressurized gases. 7. “Motor vehicle fuel” means a petroleum product or alternative fuel used for internal combustion engines in motor vehicles. The term does not include motor vehicle fuel additives. 8. “Performance rating” means the system adopted by the American Petroleum Institute for the classification of uses for which an oil is designed. 9. “Petroleum heating pro [Text truncated for display. Full text available on LegiScan.]