Section 1. (1) Beginning January 1, 2001, one-half of all gasoline sold for use as motor fuel in Nebraska shall contain an oxygen content equal to or greater than two and seven-tenth percent by weight except as provided in subsections (3) AND (4) of this section. Sales of oxygenated gasoline in Nebraska shall be reported by sellers to the Motor Fuel Tax Enforcement and Collection Division of the Department of Revenue monthly on a for prescribed by the division. The division shall prepare a report on oxygenated gasoline sales and submit the report to the Clerk of the Legislature no later than September 1, 2001. If the report concludes that less than one-half of all gasoline sold for use as motor fuel during the preceding two calendar quarters met the oxygen requirement in this subsection, then all gasoline sold for use as motor fuel in Nebraska shall meet the in this subsection beginning January 1, 2002, except as provided in subsections (3) and (4) of this section.

and submit the report to the Clerk of the Legislature no later than April 1 of each year. If the report concludes that less than one-half of all gasoline sold for use as motor fuel during the preceding year met the oxygen requirement in subsection (1) of this section, then all gasoline sold for use as motor fuel in Nebraska shall meet the oxygen requirement in such subsections (3) and (4) of this section.

(3) Gasoline that does not have the oxygen content required by this section may be offered for sale, sold, or dispensed at a retail gasoline station for use in historical vehicles, vehicles eligible to be licensed as historical vehicles, off-road vehicles, motorcycles, boats, or snowmobiles or small engines if:

(a) The nonoxygenated gasoline is dispensed into a can with a capacity of six or fewer gallons if it is for use in a small engine;

(b) The nonoxygenated gasoline is unleaded premium grade;

(c) No more than one storage tank on the premises of the retail gasoline station is used for storage of the nonoxygenated gasoline offered

for sale, sold, or dispensed by the station; and

(d) the pump stands are posted with permanent notice stating: NONOXYGENATED GASOLINE. FOR USE IN HISTORICAL VEHICLES, VEHICLES ELIGIBLE TO BE LICENSED AS HISTORICAL VEHICLES, OFF-ROAD VEHICLES, MOTORCYCLES, BOATS, OR SNOWMOBILES OR SMALL ENGINES ONLY.

(4) Gasoline that does not have the oxygen content required by this section may be offered for sale, sold, or dispensed at an airport for use in aircraft.

Section 2. If any report submitted pursuant to Section 1 of this act concludes that less than one-half of all gasoline sold for use as a motor fuel during the applicable period met the oxygen requirement is such section, then the Nebraska Ethanol Board shall develop a plan of public education on the benefits of requiring oxygenated gasoline. The plan shall be developed in cooperation with the State Energy Office and shall be submitted to the Natural Resources Committee of the Legislature no later than June 1