Pennsylvania Flex Fuel Modernization Law Now in Effect

Pennsylvania’s updated statutory definition of E85 took effect on September 18, 2026. Senate Bill 1058, sponsored by Senator Judy Ward, updates the Vehicle Code’s definition of “alternative fuels” to recognize E85 as a gasoline-ethanol blend containing between 51% and 85% ethanol. The previous definition required the fuel to contain at least 85% alcohol, which no longer reflected current E85 specifications.

Senate Bill 1058, sponsored by Senator Judy Ward and supported by PPA, updates the Vehicle Code’s definition of “alternative fuels” to recognize E85 as a gasoline-ethanol blend containing between 51% and 85% ethanol. The previous definition required the fuel to contain at least 85% alcohol—an obsolete standard that did not reflect E85 products currently manufactured and sold under ASTM specifications.

The law also permits the Pennsylvania Department of Revenue to recognize future revisions to the ASTM International D5798 standard through regulation. This will allow Pennsylvania’s tax treatment of E85 to remain aligned with evolving national fuel specifications without requiring another statutory amendment each time the standard changes.

The legislation, which was supported by PPA, received unanimous approval in both chambers—49–0 in the Senate and 202–0 in the House. Governor Josh Shapiro signed the bill on July 20 as Act 48 of 2026. The law became effective 60 days later on September 18.