II 

109TH CONGRESS 

2D SESSION S. 2812 

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 

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 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Renewable Fuels Pro5 motion Act’’. 

6 SEC. 2. PROHIBITION ON RESTRICTION OF INSTALLATION 

7 OF RENEWABLE FUEL PUMPS. 

8 (a) IN GENERAL.—Title I of the Petroleum Mar9 keting Practices Act (15 U.S.C. 2801 et seq.) is amended 

10 by adding at the end the following: 


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1 ‘‘SEC. 107. PROHIBITION ON RESTRICTION OF INSTALLA2 TION OF RENEWABLE FUEL PUMPS. 

3 ‘‘(a) DEFINITION OF FRANCHISE-RELATED DOCU4 MENT.—In this section, the term ‘franchise-related docu5 ment’ means— 

6 ‘‘(1) a franchise under this Act; and 

7 ‘‘(2) any other contract or directive of a 

8 franchisor relating to terms or conditions of the sale 

9 of fuel by a franchisee. 

10 ‘‘(b) PROHIBITION.—No franchise-related document 

11 shall contain a provision under which a franchisor restricts 

12 a franchisee (or an affiliate of a franchisee) from installing 

13 on the marketing premises of the franchisee a renewable 

14 fuel pump. 

15 ‘‘(c) ENFORCEMENT.—Any provision described in 

16 subsection (b) that is contained in a franchise-related doc17 ument and in effect on the date of enactment of this Act— 

18 ‘‘(1) shall be considered to be null and void as 

19 of that date; and 

20 ‘‘(2) shall not be enforced under section 105.’’. 

21 (b) CONFORMING AMENDMENTS.— 

22 (1) IN GENERAL.—Section 101(13) of the Pe23 troleum Marketing Practices Act (15 U.S.C. 

24 2801(13)) is amended by adjusting the indentation 

25 of subparagraph (C) appropriately. 


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1 (2) TABLE OF CONTENTS.—The table of con2 tents of the Petroleum Marketing Practices Act (15 

3 U.S.C. 2801 note) is amended— 

4 (A) by inserting after the item relating to 

5 section 106 the following: 

‘‘Sec. 107. Prohibition on restriction of installation of renewable fuel pumps.’’; 

6 and 

7 (B) by striking the item relating to section 

8 202 and inserting the following: 

‘‘Sec. 202. Automotive fuel rating testing and disclosure requirements.’’. 

9 SEC. 3. REFUELING. 

10 The Energy Policy Act of 1992 is amended by insert11 ing after section 304 (42 U.S.C. 13213) the following: 

12 ‘‘SEC. 304A. FEDERAL FLEET FUELING CENTERS. 

13 ‘‘(a) IN GENERAL.—Not later than January 1, 2008, 

14 the appropriate Federal agency shall install not less than 

15 1 renewable fuel pump at every Federal fleet fueling cen16 ter in the United States. 

17 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There 

18 are authorized to be appropriated such sums as are nec19 essary to carry out this section.’’. 

20 SEC. 4. REPORT. 

21 Not later than October 31 of each year beginning 

22 after the date of enactment of this Act, the President shall 

23 submit to Congress a report that describes the progress 


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1 of the agencies of the Federal government (including the 

2 Executive Office of the President) in complying with— 

3 (1) the Energy Policy Act of 1992 (42 U.S.C. 

4 13201 et seq.); 

5 (2) Executive Order 13149 (65 Fed. Reg. 

6 24595; relating to greening the government through 

7 Federal fleet and transportation efficiency); and 

8 (3) the Federal fleet fueling center requirement 

9 under section 304A of the Energy Policy Act of 

10 1992 (as added by section 3). 

Æ 


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