II 109th CONGRESS 2d Session S. 2812 IN THE SENATE OF THE UNITED STATES May 16, 2006 Mr. Dayton 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.

1.

Short title

This Act may be cited as the Renewable Fuels Promotion Act.

2.

Prohibition on restriction of installation of renewable fuel pumps

(a)

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:

107.

Prohibition on restriction of installation of renewable fuel pumps

(a)

Definition of franchise-related document

In this section, the term franchise-related document means— (1)a franchise under this Act; and (2)any other contract or directive of a franchisor relating to terms or conditions of the sale of fuel by a franchisee. (b)

Prohibition

No franchise-related document shall contain a provision under which a franchisor restricts a franchisee (or an affiliate of a franchisee) from installing on the marketing premises of the franchisee a renewable fuel pump. (c)

Enforcement

Any provision described in subsection (b) that is contained in a franchise-related document and in effect on the date of enactment of this Act— (1)shall be considered to be null and void as of that date; and (2)shall not be enforced under section 105.

. (b)

Conforming amendments

(1)

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. (2)

Table of contents

The table of contents of the Petroleum Marketing Practices Act (15 U.S.C. 2801 note) is amended— (A)by inserting after the item relating to section 106 the following: Sec. 107. Prohibition on restriction of installation of renewable fuel pumps. ; and(B)by striking the item relating to section 202 and inserting the following: Sec. 202. Automotive fuel rating testing and disclosure requirements. .

3.

Refueling

The Energy Policy Act of 1992 is amended by inserting after section 304 (42 U.S.C. 13213) the following:

304A.

Federal fleet fueling centers

(a)

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. (b)

Authorization of appropriations

There are authorized to be appropriated such sums as are necessary to carry out this section.

.

4.

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— (1)the Energy Policy Act of 1992 (42 U.S.C. 13201 et seq.); (2)Executive Order 13149 (65 Fed. Reg. 24595; relating to greening the government through Federal fleet and transportation efficiency); and (3)the Federal fleet fueling center requirement under section 304A of the Energy Policy Act of 1992 (as added by section 3).