It's getting more common in NY now. Almost all Fastrac stations have it on the premium grade, and now a lot of the new renovated Stewart's do as well. It's usually 40-50c more than the regular. I've seen a Sunoco here and there that also have it, the two in the area that do have it on it's own separate pump called "recreation fuel, 91 non ethanol". I've run into a couple smaller stations randomly that carry it as well.
I've seen or heard nothing suggesting that it's not legal for highway use, it's not like the red "farm" diesel or anything.
Honestly I really can't tell a seat of the pants difference between the two even on my carbureted bike, though I'll definitely make sure to fill up with the non-ethanol prior to winter storage.