II
109th CONGRESS
2d Session
S. 4020
IN THE SENATE OF THE UNITED STATES
September 29, 2006
Mr. Dayton (for himself, Mr. Obama, Mr. Durbin, Ms. Stabenow, Mr. Dorgan, and Mr. Harkin) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources
A BILL
To amend the Petroleum Marketing Practices Act to prohibit restrictions on the installation of renewable fuel pumps, and for other purposes.
Short title
This Act may be cited as
the Renewable Fuels Promotion
Act
.
Prohibition on restriction of installation of renewable fuel pumps
In general
Title I of the Petroleum Marketing Practices Act (15 U.S.C. 2801 et seq.) is amended by adding at the end the following:
Prohibition on restriction of installation of renewable fuel pumps
Definition of franchise-related document
In this section, the term franchise-related document means—
a franchise under this Act; and
any other contract or directive of a franchisor relating to terms or conditions of the sale of fuel by a franchisee.
Prohibitions
In general
Notwithstanding any provision of a franchise-related document in effect on the date of enactment of this section, no franchisee or affiliate of a franchisee shall be restricted from—
installing on the marketing premises of the franchisee a renewable fuel pump;
converting an existing tank and pump on the marketing premises of the franchisee for renewable fuel use;
advertising (including through the use of signage or logos) the sale of any renewable fuel; or
selling renewable fuel in any specified area on the marketing premises of the franchisee (including any area in which a name or logo of a franchisor or any other entity appears).
Enforcement
Any restriction described in paragraph (1) that is contained in a franchise-related document and in effect on the date of enactment of this section—
shall be considered to be null and void as of that date; and
shall not be enforced under section 105.
Exception to 3-grade requirement
No franchise-related document that requires that 3 grades of gasoline be sold by the applicable franchisee shall prevent the franchisee from selling a renewable fuel in lieu of 1 grade of gasoline.
.
Conforming amendments
In general
Section 101(13) of the Petroleum Marketing Practices Act (15 U.S.C. 2801(13)) is amended by adjusting the indentation of subparagraph (C) appropriately.
Table of contents
The table of contents of the Petroleum Marketing Practices Act (15 U.S.C. 2801 note) is amended—
by inserting after the item relating to section 106 the following:
Sec. 107. Prohibition on restriction of installation of renewable fuel pumps.
;
by striking the item relating to section 202 and inserting the following:
Sec. 202. Automotive fuel rating testing and disclosure requirements.
.
Refueling
The Energy Policy Act of 1992 is amended by inserting after section 304 (42 U.S.C. 13213) the following:
Federal fleet fueling centers
In general
Not later than January 1, 2008, the appropriate Federal agency shall install not less than 1 renewable fuel pump at every Federal fleet fueling center in the United States.
Authorization of appropriations
There are authorized to be appropriated such sums as are necessary to carry out this section.
.
Report
Not later than October 31 of each year beginning after the date of enactment of this Act, the President shall submit to Congress a report that describes the progress of the agencies of the Federal government (including the Executive Office of the President) in complying with—
the Energy Policy Act of 1992 (42 U.S.C. 13201 et seq.);
Executive Order 13149 (65 Fed. Reg. 24595; relating to greening the government through Federal fleet and transportation efficiency); and
the Federal fleet fueling center requirement under section 304A of the Energy Policy Act of 1992 (as added by section 3).
