[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 4020 Introduced in Senate (IS)]








109th CONGRESS
  2d Session
                                S. 4020

To amend the Petroleum Marketing Practices Act to prohibit restrictions 
  on the installation of renewable fuel pumps, and for other purposes.


_______________________________________________________________________


                   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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

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

SEC. 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:

``SEC. 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) Prohibitions.--
            ``(1) 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--
                    ``(A) installing on the marketing premises of the 
                franchisee a renewable fuel pump;
                    ``(B) converting an existing tank and pump on the 
                marketing premises of the franchisee for renewable fuel 
                use;
                    ``(C) advertising (including through the use of 
                signage or logos) the sale of any renewable fuel; or
                    ``(D) 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).
            ``(2) 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--
                    ``(A) shall be considered to be null and void as of 
                that date; and
                    ``(B) shall not be enforced under section 105.
    ``(c) 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.''.
    (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.''.

SEC. 3. REFUELING.

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

``SEC. 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.''.

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