ND SB2245

Suppliers and terminal operators may not prevent gasoline distributors from removing nonoxygenated gasoline of all octanes from refinery or terminal racks for blending purposes or from operating as blenders.

Suppliers must offer gasoline distributors unblended gasoline suitable for blending with fuel alcohol through marketing agreements, regardless of other products offered.

Suppliers may not prevent or inhibit gasoline distributors from being blenders or from qualifying for any federal or state tax credits offered to blenders.

Gasoline distributors must indemnify and hold harmless suppliers against losses, damages, costs, expenses, and reasonable attorney's fees arising from claims or judgments related to the blending of gasoline.

Defines key terms: "rack" as a fuel delivery mechanism, "terminal" as a storage and distribution facility with an IRS terminal control number, and "terminal operator" as a person who owns, operates, or controls a terminal.