[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1476 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 1476

    To require all new and upgraded fuel pumps to be equipped with 
 automatic temperature compensation equipment, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 21, 2009

Mrs. McCaskill introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
    To require all new and upgraded fuel pumps to be equipped with 
 automatic temperature compensation equipment, 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 ``Future Accountability in Retail Fuel 
Act'' or the ``FAIR Fuel Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Automatic temperature compensation equipment.--The term 
        ``automatic temperature compensation equipment'' has the 
        meaning given the term in the National Institute of Standards 
        and Technology Handbook 44.
            (2) Equivalent standard.--The term ``equivalent standard'' 
        means any standard that prohibits the retail sale of gasoline 
        with energy content per gallon that is different than the 
        energy content of 1 gallon of gasoline stored at 60 degrees 
        Fahrenheit.
            (3) Rural area.--The term ``rural area'' means any area 
        other than--
                    (A) a city, town, or unincorporated area that has a 
                population of greater than 50,000 inhabitants; or
                    (B) the urbanized area that is contiguous and 
                adjacent to such a city, town, or unincorporated area.
            (4) Small-volume station.--The term ``small-volume 
        station'' means any retail fuel establishment that dispenses 
        fewer than 360,000 gallons of gasoline and diesel fuel per 
        year.

SEC. 3. AUTOMATIC TEMPERATURE COMPENSATION EQUIPMENT.

    (a) In General.--
            (1) New motor fuel dispensers.--Beginning 180 days after 
        the issuance of final regulations under subsection (c), all 
        motor fuel dispensers that are newly installed or upgraded at 
        any retail fuel establishment in the United States shall be 
        equipped with automatic temperature compensation equipment to 
        ensure that any volume of gasoline or diesel fuel measured by 
        such dispenser for retail sale is equal to the volume that such 
        quantity of fuel would equal at the time of such sale if the 
        temperature of the fuel was 60 degrees Fahrenheit.
            (2) Existing motor fuel dispensers.--
                    (A) In general.--Except as provided in subparagraph 
                (B), not later than 5 years after the issuance of final 
                regulations under subsection (c), all motor fuel 
                dispensers at any retail fuel establishment in the 
                United States shall be equipped with the automatic 
                temperature compensation equipment described in 
                paragraph (1).
                    (B) Small-volume stations.--Small-volume stations 
                located in rural areas shall not be subject to the 
                requirement under subparagraph (A).
    (b) Inspections.--
            (1) Annual inspection.--Beginning on the date described in 
        subsection (a), State inspectors conducting an initial or 
        annual inspection of motor fuel dispensers are authorized to 
        determine if such dispensers are equipped with the automatic 
        temperature compensation equipment required under subsection 
        (a).
            (2) Notification.--If the State inspector determines that a 
        motor fuel dispenser does not comply with the requirement under 
        subsection (a), the State inspector is authorized to notify the 
        Federal Trade Commission, through an electronic notification 
        system developed by the Commission, of such noncompliance.
            (3) Follow-up inspection.--Not earlier than 180 days after 
        a motor fuel dispenser is found to be out of compliance with 
        the requirement under subsection (a), the Federal Trade 
        Commission shall coordinate a follow-up inspection of such 
        motor fuel dispenser.
            (4) Fine.--
                    (A) In general.--The owner or operator of any 
                retail fuel establishment with a motor fuel dispenser 
                subject to the requirement under subsection (a) that is 
                determined to be out of compliance with such 
                requirement shall be subject to a fine equal to $5,000 
                for each noncompliant motor fuel dispenser.
                    (B) Additional fine.--If a motor fuel dispenser is 
                determined to be out of compliance during a follow-up 
                inspection, the owner or operator of the retail fuel 
                establishment at which such motor fuel dispenser is 
                located shall be subject to an additional fine equal to 
                $5,000.
            (5) Use of fines.--Any amounts collected under paragraph 
        (4) shall be deposited into the trust fund established under 
        section 4.
    (c) Rulemaking.--
            (1) Commencement.--Not later than 90 days after the date of 
        the enactment of this Act, the Federal Trade Commission, in 
        consultation with the National Institute of Standards and 
        Technology, shall commence a rulemaking procedure to implement 
        the requirement under subsection (a).
            (2) Final regulations.--Not later than 1 year after the 
        date of the enactment of this Act, the Federal Trade Commission 
        shall issue final regulations to implement the requirement 
        under subsection (a), including specifying which volume 
        correction factor tables shall be used for the range of 
        gasoline and diesel fuel products that are sold to retail 
        customers in the United States.

SEC. 4. AUTOMATIC TEMPERATURE COMPENSATION EQUIPMENT GRANT PROGRAM.

    (a) Establishment of Trust Fund.--
            (1) In general.--There is established in the Treasury of 
        the United States a trust fund to be known as the ``Automatic 
        Temperature Compensation Equipment Trust Fund'' (referred to in 
        this section as the ``Trust Fund'').
            (2) Transfers.--The Secretary of the Treasury shall 
        transfer to the Trust Fund out of the general fund of the 
        Treasury an amount equal to the amount collected as fines under 
        section 3(b)(4).
            (3) Investment.--The Secretary of the Treasury shall invest 
        such portion of the Trust Fund as is not required to meet 
        current withdrawals. Such investments may be made only in 
        interest-bearing obligations of the United States.
    (b) Grants Authorized.--
            (1) In general.--The Secretary of Commerce is authorized to 
        use amounts in the Trust Fund for grants to owners and 
        operators of retail fuel establishments to offset the costs 
        associated with the installation of automatic temperature 
        compensation equipment on motor fuel dispensers.
            (2) Maximum amount.--The Secretary may not award a grant 
        under this subsection in excess of--
                    (A) $1,000 per motor fuel dispenser; or
                    (B) $10,000 per grant recipient.
            (3) Eligible recipients.--An owner or operator of not more 
        than 5 retail fuel establishments is eligible to receive a 
        grant under this subsection.
            (4) Use of grant funds.--Grant funds received under this 
        subsection may be used to offset the costs incurred by owners 
        and operators of retail establishments to acquire and install 
        automatic temperature compensation equipment in accordance with 
        the requirement under section 3(a).
            (5) Authorization of appropriations.--There are authorized 
        to be appropriated such sums as may be necessary to carry out 
        this subsection.
    (c) Reimbursement of State Inspection Costs.--The Secretary of 
Commerce is authorized to use amounts in the Trust Fund to reimburse 
States for the costs incurred by the States to--
            (1) inspect motor fuel dispensers for compliance with the 
        requirement under section 3(a); and
            (2) notify the Secretary of Commerce of any noncompliance 
        with such requirement.

SEC. 5. SAVINGS PROVISION.

    Nothing in this Act may be construed to preempt a State from 
enacting a law that imposes an equivalent standard or a more stringent 
standard concerning the retail sale of gasoline at certain 
temperatures.
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