59–006 

110TH CONGRESS REPT. 110–306 " ! HOUSE OF REPRESENTATIVES 1st Session Part 1 

RENEWABLE FUELS INFRASTRUCTURE 

AUGUST 3, 2007.—Ordered to be printed 

Mr. DINGELL, from the Committee on Energy and Commerce, 

submitted the following 

R E P O R T 

together with 

DISSENTING VIEWS 

[To accompany H.R. 3238] 

The Committee on Energy and Commerce, to whom was referred 

the bill (H.R. 3238) to promote the development of renewable fuels 

infrastructure, and for other purposes, having considered the same, 

report favorably thereon without amendment and recommend that 

the bill do pass. 

CONTENTS 

Page 

Purpose and Summary ............................................................................................ 2 

Background and Need for Legislation .................................................................... 2 

Hearings ................................................................................................................... 4 

Subcommittee Consideration .................................................................................. 5 

Committee Consideration ........................................................................................ 5 

Committee Votes ...................................................................................................... 5 

Committee Oversight Findings ............................................................................... 9 

Statement of General Performance Goals and Objectives .................................... 9 

New Budget Authority, Entitlement Authority, and Tax Expenditures ............. 9 

Earmarks and Tax and Tariff Benefits .................................................................. 9 

Committee Cost Estimate ....................................................................................... 9 

Congressional Budget Office Estimate ................................................................... 9 

Federal Mandates Statement ................................................................................. 9 

Advisory Committee Statement .............................................................................. 9 

Constitutional Authority Statement ...................................................................... 9 

Applicability to Legislative Branch ........................................................................ 10 

Section-by-Section Analysis of the Legislation ...................................................... 10 

Changes in Existing Law Made by the Bill, as Reported ..................................... 12 

Dissenting Views ..................................................................................................... 19 


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PURPOSE AND SUMMARY

The purpose of H.R. 3238 is to encourage the development, deployment, and use of renewable fuels within the United States 

motor fuel market. The bill achieves these purposes by establishing 

a grant program to increase renewable fuel infrastructure and assist in the marketing of such fuels; removing potential restrictions 

in petroleum marketing agreements that could hinder the deployment of renewable fuels; increasing grant funding for the production of cellulosic ethanol; requiring the establishment of standard 

specifications for biodiesel; and authorizing several studies on 

issues affecting the increased use of renewable fuels. 

The bill also includes the United States-Israel Energy Cooperation Act that aims to extend cooperation between the two nations 

on the research and development of alternative renewable energy 

resources. 

BACKGROUND AND NEED FOR LEGISLATION

Renewable fuels production in the United States has been increasing over the past several years through a combination of public policies and market forces. According to the U.S. Environmental 

Protection Agency (EPA), U.S. production of ethanol (largely cornbased) steadily increased from approximately 250 million gallons in 

1980 to 1.6 billion gallons in 2000. From 2000 forward, growth in 

ethanol production increased rapidly, reaching approximately 4 billion gallons in 2005. 

Section 1501 of the Energy Policy Act of 2005 included a mandate for the production of ethanol with minimum volume requirements growing from 4 billion gallons in 2006 to 7.5 billion gallons 

in 2012. Actual production has exceeded these minimum requirements, with 2006 production reaching 4.7 billion gallons and 2007 

production on track to reach 5.2 billion gallons. EPA now forecasts 

2012 production numbers to reach as much as 14 billion gallons, 

well in excess of the 7.5 billion gallons required by current law. According to the Renewable Fuels Association, ethanol can now be 

found in approximately 50 percent of the Nation’s gasoline. 

As production has increased, more attention has been paid to the 

deployability of these fuels in terms of their transportation to market; their compatibility with the current motor fuel infrastructure, 

including automobiles; and the pace of their market penetration. 

According to the National Ethanol Vehicle Coalition, an organization that testified twice before the Subcommittee on Energy and 

Air Quality, of the approximately 170,000 retail outlets that sell 

motor fuel, serving some 230 million automobiles, only 1,133 sell 

E85. With approximately 6 million flexible fuel vehicles (FFVs) on 

the road (capable of running on up to 85 percent ethanol and 15 

percent gasoline), that translates into 1 E85 pump for every 5,000 

FFVs, as opposed to 1 station for every 1,300 conventional gasolinepowered vehicles. 

This disparity is one that H.R. 3238 seeks to address through a 

variety of policies, including the establishment of a grant program 

to assist in the installation, replacement, or conversion of motor 

fuel storage and dispensing infrastructure that will be used for renewable fuels such as E85 or B20. This program, to be managed 

by the Department of Energy (DOE), is meant to complement and, 


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as appropriate, hasten the activities of the private sector. For example, in addition to funding infrastructure, the program also authorizes funds for technical and marketing assistance to help retailers market to and educate the public on the value of such fuels. 

In addition, H.R. 3238 commissions a number of studies to explore 

infrastructure-related issues in areas where concerns have been 

identified, but no clear Federal policy has emerged, including the 

establishment of dedicated ethanol pipelines; the effects of higher 

ethanol blends in conventional gasoline; and the adequacy of rail 

transportation for transporting ethanol. 

The bill extends the grant program for cellulosic ethanol production first established in the Energy Policy Act of 2005 (EPAct) and 

increases the authorized amount of the program. It also calls for 

the establishment of a standard specification for B20 blends of biodiesel in order to facilitate greater use of that fuel. 

In amending the Petroleum Marketing Practices Act (PMPA), the 

Committee was sensitive to maintaining the balance between the 

policy objective of increasing the availability and distribution of renewable fuels, and the need to protect the brand, logos, and trademarks of the franchisor who may or may not be the producer of 

that fuel. H.R. 3238 makes clear that actions taken to sell and 

market renewable fuels cannot be restricted in franchise agreements, so long as such activities do not constitute mislabeling, misbranding, willful adulteration, or other trademark violations by the 

franchisee. 

In cases where the franchisor has no control over, or interest in, 

the manufacture, sale, transportation, storage, or marketing of the 

renewable fuels in question, and where these facts are not in dispute, it is not the intent of the Committee that the franchisor be 

held responsible for actions taken by the franchisee pursuant to 

Section 107. Therefore, the Committee added a savings provision to 

continue to allow a franchisor to require the franchisee to obtain 

reasonable indemnification and insurance policies. 

Nothing in the new Section 107 to Title I of the PMPA may be 

construed to affect or limit the application of or obligation to comply with any environmental law, including the Solid Waste Disposal Act and the Comprehensive Environmental Response, Compensation, and Liability Act of 1980. In particular, the liability provisions of Section 9003 of Solid Waste Disposal Act shall continue 

to apply to any owner or operator of any underground storage tank, 

and for renewable fuels a franchisee must comply with the compatibility requirements for underground storage systems found in 40 

CFR Section 280.32. 

Section 110 modifies the procedures for obtaining any waiver 

under section 211(f)(4) of the Clean Air Act related to renewable 

fuels and renewable fuel additives. Under existing law, a waiver is 

deemed granted if the Administrator of the Environmental Protection Agency does not act within 180 days of receiving an application for the waiver. The new section requires the Administrator to 

take final action on a waiver application within 270 days of receiving the application. An application will not be considered granted 

unless and until the Administrator takes final action granting the 

waiver. This section changes neither the circumstances requiring a 

waiver nor the substantive criteria or standards that the AdminisVerDate Aug 31 2005 02:02 Aug 08, 2007 Jkt 059006 PO 00000 Frm 00003 Fmt 6659 Sfmt 6602 E:\HR\OC\HR306P1.XXX HR306P1

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trator shall use in deciding whether to grant or deny a waiver for 

any fuels or fuel additives. 

HEARINGS

There were two oversight hearings and one legislative hearing 

held by the Subcommittee on Energy and Air Quality, Committee 

on Energy and Commerce, in connection with the bill reported by 

the Committee. 

The Subcommittee on Energy and Air Quality held a hearing entitled, ‘‘Alternative Transportation Fuels: An Overview,’’ on 

Wednesday, April 18, 2007. The Subcommittee received testimony 

from the following witnesses: Mr. Brian Foody, Chief Executive Officer, Iogen Corporation; Mr. Donald W. Maley, Jr., Vice President, 

Leucadia International Corporation; Mr. John Ward, Vice President, Headwaters Incorporated; Dr. Alexander E. Farrell, Assistant 

Professor of Energy and Resources, Director, Transportation Sustainability Research Center, University of California Berkeley; Mr. 

Phil Lambert, Executive Director, National Ethanol Vehicle Coalition; and Mr. Scott Hughes, Director, Government Affairs, National 

Biodiesel Board. 

The Subcommittee on Energy and Air Quality held a hearing entitled, ‘‘Alternative Fuels: Current Status, Proposals for New 

Standards, and Related Infrastructure Issues,’’ on Tuesday, May 8, 

2007. The Subcommittee received testimony from the following witnesses: Mr. Robert J. Meyers, Associate Assistant Administrator, 

Environmental Protection Agency; The Honorable Alexander A. 

Karsner, Assistant Secretary, Energy Efficiency and Renewable 

Energy, U.S. Department of Energy; Mr. Robert Greco, Group Director, Downstream and Industry Operations, American Petroleum 

Institute; Mr. Warren I. Mitchell, Chairman of the Board, Clean 

Energy; Daniel A. Lashof, Ph.D., Climate Center Science Director, 

Natural Resources Defense Council; Mr. Bob Dinneen, President, 

Renewable Fuels Association; Mr. Paul D. Reid, President and 

CEO, Reid Petroleum Corporation; Mr. Charles T. Drevna, Executive Vice President, National Petrochemical and Refiners Association; and Ms. Elizabeth A. Lowery, Vice President for Environment, 

Energy and Safety, General Motors Public Policy Center. 

The Subcommittee on Energy and Air Quality held a hearing entitled ‘‘Legislative Hearing on Discussion Draft Concerning Alternative Fuels, Infrastructure, and Vehicles,’’ on Thursday, June 7, 

2007. The Subcommittee received testimony from the following witnesses: Mr. Bob Dinneen, President and CEO, Renewable Fuels Association; Mr. Charles T. Drevna, Executive Vice President, National Petrochemical and Refiners Association; Mr. Phillip J. 

Lampert, Executive Director, National Ethanol Vehicle Coalition; 

Ms. Sonja Hubbard, Chief Executive Officer, E–Z Mart Stores, Inc.; 

Mr. John DeCicco, Senior Automotive Fellow, Environmental Defense; Mr. Alan Reuther, Legislative Director, International Union, 

United Automobile, Aerospace & Agricultural Implement Workers 

of America; The Honorable Dave McCurdy, President and CEO, Alliance of Automobile Manufacturers; The Honorable Alexander A. 

Karsner, Assistant Secretary, Energy Efficiency and Renewable 

Energy, U.S. Department of Energy; and Mr. Robert J. Meyers, 

Acting Assistant Administrator, Office of Air and Radiation, Environmental Protection Agency. 


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SUBCOMITTEE CONSIDERATION

Prior to the introduction of H.R. 3238, its text was considered in 

the Committee as a Committee Print. 

On Wednesday, June 20, 2007 the Subcommittee on Energy and 

Air Quality met in open markup session and considered a Committee Print to promote the development of renewable fuels infrastructure, and for other purposes. The Committee Print was favorably forwarded to the full Committee, amended, by a recorded vote 

of 17–14. The Committee Print forwarded by the Subcommittee 

was subsequently designated Committee Print #4 for full Committee consideration. 

COMMITTEE CONSIDERATION

On Thursday, June 28, 2007, the full Committee met in open 

markup session and considered the Committee Print, which was 

then ordered favorably reported to the House, amended, by a recorded vote of 33–21. On July 31, 2007, a clean bill, H.R. 3238, was 

introduced with the approved language of the Committee Print, 

and was referred to the full Committee to be reported to the House 

without further consideration. 

COMMITTEE VOTES

Clause 3(b) of rule XIII of the Rules of the House of Representatives requires the Committee to list the record votes on the motion 

to report legislation and amendments thereto. Mr. Dingell moved 

that the Committee favorably report the Committee Print, amended, to the House. The motion to report Committee Print favorably 

to the House was agreed to a recorded vote of 33–21. The following 

are the recorded votes taken on the motion and on amendments, 

including the names of those Members voting for and against. 


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COMMITTEE OVERSIGHT FINDINGS

Regarding clause 3(c)(1) of rule XIII of the Rules of the House 

of Representatives, the oversight findings of the Committee on the 

bill are reflected in this report. 

STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

The goals and objectives of H.R. 3238 are to promote the deployment of renewable fuels by removing barriers to the availability of 

such fuels and to encourage investment in renewable fuels through 

grants for infrastructure. 

NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX

EXPENDITURES

Regarding compliance with clause 3(c)(2) of rule XIII of the Rules 

of the House of Representatives, the Committee finds that H.R. 

3238 would result in no new or increased budget authority, entitlement authority, or tax expenditures or revenues. 

EARMARKS AND TAX AND TARIFF BENEFITS

Regarding compliance with clause 9 of rule XXI of the Rules of 

the House of Representatives, H.R. 3238 does not contain any congressional earmarks, limited tax benefits, or limited tariff benefits 

as defined in clause 9(d), 9(e), or 9(f) of rule XXI. 

COMMITTEE COST ESTIMATE

The Committee will adopt as its own the cost estimate prepared 

by the Director of the Congressional Budget Office pursuant to section 402 of the Congressional Budget Act of 1974. 

CONGRESSIONAL BUDGET OFFICE ESTIMATE

Regarding clause 3(c)(3) of rule XIII of the Rules of the House 

of Representatives, a cost estimate on H.R. 3238 by the Congressional Budget Office pursuant to section 402 of the Congressional 

Budget Act of 1974 was not available as of the time of the filing 

of this report by the Committee. 

FEDERAL MANDATES STATEMENT

The Committee will adopt as its own the estimate of Federal 

mandates prepared by the Director of the Congressional Budget Office pursuant to section 423 of the Unfunded Mandates Reform Act. 

ADVISORY COMMITTEE STATEMENT

Regarding section 5(b) of the Federal Advisory Committee Act, 

section 204 the bill establishes an advisory committee. The Committee finds that establishing the advisory committee is the most 

efficient way of carrying out the policies involved. 

CONSTITUTIONAL AUTHORITY STATEMENT

Pursuant to clause 3(d)(1) of rule XIII of the Rules of the House 

of Representatives, the Committee finds that the Constitutional authority for this legislation is provided in Article I, section 8, clause 


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3, which grants Congress the power to regulate commerce with foreign nations, among the several States, and with the Indian tribes, 

and in the provisions of Article I, section 8, clause 1, that relate 

to expending funds to provide for the general welfare of the United 

States. 

APPLICABILITY TO LEGISLATIVE BRANCH

The Committee finds that the legislation does not relate to the 

terms and conditions of employment or access to public services or 

accommodations within the meaning of section 102(b)(3) of the Congressional Accountability Act. 

SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION

Title I—Renewable Fuel Infrastructure 

Section 101. Renewable fuels infrastructure development 

Requires DOE to establish a grant program to assist with the installation, replacement, or conversion of existing infrastructure to 

allow it to be used with renewable fuel, including E85. Also provides for technical assistance and marketing grants. Authorizes 

$200 million annually to DOE for purposes of carrying out this section. Prohibits the awarding of any grant to a large, vertically integrated oil company. 

Section 102. Prohibition of franchise agreement restrictions on renewable fuel infrastructure 

Amends the Petroleum Marketing Practices Act (PMPA) to prohibit a franchise agreement from restricting the franchisee’s ability 

to install renewable fuel infrastructure, convert existing infrastructure to renewable fuel use, advertise the availability of renewable 

fuel, or sell renewable fuel in any specified area of the marketing 

premises. 

Section 103. Renewable fuel dispenser requirements 

DOE, in consultation with the Department of Transportation 

(DOT), shall report to Congress on the market penetration of FFVs 

and on the feasibility of requiring motor fuel retailers to install 

E85 compatible dispensers. 

Section 104. Pipeline feasibility study 

Requires DOE, in consultation with DOT, to conduct a study on 

the feasibility of the construction of dedicated ethanol pipelines. 

Section 105. Study of ethanol-blended gasoline with greater levels of 

ethanol 

Requires EPA, in consultation with DOE and DOT, to conduct a 

study of the feasibility of widespread use of ethanol blended gasoline with levels of ethanol greater that 10 percent. 

Section 106. Study of the adequacy of railroad transportation of domestically-produced renewable fuel 

Requires DOE, in consultation with DOT, to study and report to 

Congress on the adequacy of railroad infrastructure for the delivery 

of ethanol. 


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Section 107. Standard specification for biodiesel 

Requires EPA to promulgate regulations establishing uniform 

per gallon fuel standards for categories of biodiesel fuel so that engine manufacturers are able to design engines for biodiesel fuel 

that meets such standards. 

Section 108. Grants for cellulosic ethanol production 

Amends EPACT to increase the authorized amount of cellulosic 

ethanol production grants and establish criteria to promote geographical dispersion of grant recipients and feedstock diversity. 

Section 109. Consumer education campaign relating to flexible-fuel 

vehicles 

Requires DOT, in consultation with DOE, to engage in a public 

education campaign to make consumers aware of the availability of 

flexible-fuel vehicles and the locations where renewable fuels can 

be purchased. 

Section 110. Review of new renewable fuels or new renewable fuel 

additives 

Modifies the procedures for obtaining any waiver under section 

211(f)(4) of the Clean Air Act related to renewable fuels and renewable fuel additives. This section requires the Administrator to take 

final action on a waiver application within 270 days of receiving 

the application. An application will not be considered granted unless and until the Administrator takes final action granting the 

Waiver. 

Section 111. Domestic manufacturing conversion grant program 

Creates a grant program to support the domestic development 

and production of flexible-fuel vehicles. 

Section 112. Cellulosic ethanol and biofuels research 

Authorizes $50 million for cellulosic ethanol grants to 10 entities 

from 1890 land grant colleges, Historically Black Colleges or Universities, Tribal serving institutions or Hispanic serving institutions. 

Section 113. Federal fleet fueling centers 

Requires each Federal agency to install renewable fuel pumps at 

their fleet fueling centers and requires an annual report on 

progress towards complying with this section. 

Section 114. Study of the impact of increased renewable fuel use 

Requires DOE, EPA, EIA, and USDA to conduct a study of various impacts of increased renewable fuel use including energy security, public health and the environment, and job creation. 

Section 115. Grants for renewable fuel production research and development in certain states 

Requires DOE to provide grants for eligible entities for research 

into renewable fuel production technologies in States with low 

rates of ethanol production. 


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Section 116. Study of effect of oil prices 

Requires DOE to conduct a study on the effect on renewable 

fuels production if oil is priced no lower than $40 per barrel. 

Section 117. Biodiesel as alternative fuel for CAFE purposes 

Amends Section 32901(a) of Title 49, United States Code, to designate B20 biodiesel blend as an alternative fuel for the purposes 

of Corporate Average Fuel Economy. 

Title II—United States-Israel Energy Cooperation 

Section 201. Short title 

Section 202. Findings 

Section 203. Grant program 

Requires DOE to award grants to eligible entities. 

Section 204. International Advisory Board 

Establishes an International Advisory Board within DOE to advise the Secretary of Energy on the awarding of grants under Section 203. 

Section 205. Definitions 

Section 206. Termination 

Terminates the Section 203 grant program after 7 years. 

Section 207. Authorization of appropriations 

Authorizes $20 million for fiscal years 2008 to 2014. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, 

existing law in which no change is proposed is shown in roman): 

PETROLEUM MARKETING PRACTICES ACT 

Be it enacted by the Senate and House of Representatives of the 

United States of America in Congress assembled, That this Act may 

be cited as the ‘‘Petroleum Marketing Practices Act’’. 

TABLE OF CONTENTS 

TITLE I—FRANCHISE PROTECTION 

Sec. 101. Definitions. 

* * * * * * * 

Sec. 107. Prohibition on restriction of installation of renewable fuel pumps. 

TITLE II—OCTANE DISCLOSURE 

Sec. 201. Definitions. 

øSec. 202. Octane testing and disclosure requirements.¿ 

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

* * * * * * * 


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TITLE I—FRANCHISE PROTECTION 

DEFINITIONS

SEC. 101. As used in this title: 

(1) * * * 

* * * * * * * 

(13) The term ‘‘failure’’ does not include— (A) * * * 

* * * * * * * 

(C) any failure based on a provision of the franchise which 

is illegal or unenforceable under the law of any State (or subdivision thereof). 

* * * * * * * 

ENFORCEMENT

SEC. 105. (a) If a franchisor fails to comply with the requirements of section ø102 or 103¿ 102, 103, or 107, the franchisee may 

maintain a civil action against such franchisor. Such action may be 

brought, without regard to the amount in controversy, in the district court of the United States in any judicial district in which the 

principal place of business of such franchisor is located or in which 

such franchisee is doing business, except that no such action may 

be maintained unless commenced within 1 year after the later of— (1) the date of termination of the franchise or nonrenewal of 

the franchise relationship; or 

(2) the date the franchisor fails to comply with the requirements of section ø102 or 103¿ 102, 103, or 107. 

(b)(1) In any action under subsection (a), the court shall grant 

such equitable relief as the court determines is necessary to remedy the effects of any failure to comply with the requirements of 

section ø102 or 103¿ 102, 103, or 107, including declaratory judgment, mandatory or prohibitive injunctive relief, and interim equitable relief. 

* * * * * * * 

(d)(1) If the franchisee prevails in any action under subsection 

(a), such franchisee shall be entitled— (A) * * * 

(B) in the case of any such action which is based upon conduct of the franchisor which was in willful disregard of the requirements of section ø102 or 103¿ 102, 103, or 107, or the 

rights of the franchisee thereunder, to exemplary damages, 

where appropriate; and 

* * * * * * * 

SEC. 107. PROHIBITION ON RESTRICTION OF INSTALLATION OF RENEWABLE FUEL PUMPS. 

(a) DEFINITION.—In this section: 

(1) RENEWABLE FUEL.—The term ‘‘renewable fuel’’ means any 

fuel— 

(A) at least 85 percent of the volume of which consists of 

ethanol; or 

(B) any mixture of biodiesel and diesel or renewable diesel (as defined in regulations adopted pursuant to section 


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211(o) of the Clean Air Act (40 C.F.R., Part 80)), determined without regard to any use of kerosene and containing at least 20 percent biodiesel or renewable diesel. 

(2) FRANCHISE-RELATED DOCUMENT.—The term ‘‘franchise-related document’’ means— (A) a franchise under this Act; and 

(B) 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.—No franchise-related document entered into 

or renewed on or after the date of enactment of this section 

shall contain any provision allowing a franchisor to restrict the 

franchisee or any affiliate of the franchisee from—

(A) installing on the marketing premises of the franchisee 

a renewable fuel pump or tank, except that the franchisee’s 

franchisor may restrict the installation of a tank on leased 

marketing premises of such franchisor; 

(B) converting an existing tank or pump on the marketing premises of the franchisee for renewable fuel use, so 

long as such tank or pump and the piping connecting them 

are either warranted by the manufacturer or certified by a 

recognized standards setting organization to be suitable for 

use with such renewable fuel; 

(C) advertising (including through the use of signage) the 

sale of any renewable fuel; 

(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); 

(E) purchasing renewable fuel from sources other than 

the franchisor if the franchisor does not offer its own renewable fuel for sale by the franchisee; 

(F) listing renewable fuel availability or prices, including 

on service station signs, fuel dispensers, or light poles; or 

(G) allowing for payment of renewable fuel with a credit 

card, 

so long as such activities described in subparagraphs (A) 

through (G) do not constitute mislabeling, misbranding, willful 

adulteration, or other trademark violations by the franchisee. 

(2) EFFECT OF PROVISION.—Nothing in this section shall be 

construed to preclude a franchisor from requiring the franchisee 

to obtain reasonable indemnification and insurance policies. 

(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 an renewable fuel in lieu of 1, and only 1, grade of gasoline. 

* * * * * * * 

CLEAN AIR ACT 

* * * * * * * 

TITLE II—EMISSION STANDARDS FOR MOVING SOURCES 

* * * * * * * 


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PART A—MOTOR VEHICLE EMISSION AND FUEL STANDARDS

* * * * * * * 

REGULATION OF FUELS

SEC. 211. (a) * * * 

* * * * * * * 

ø(r)¿ (s) CONVERSION ASSISTANCE FOR CELLULOSIC BIOMASS, 

WASTE-DERIVED ETHANOL, APPROVED RENEWABLE FUELS.—

(1) * * * 

* * * * * * * 

(3) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated the following amounts to carry out this 

subsection: 

(A) * * * 

* * * * * * * 

(D) $500,000,000 for fiscal year 2009. 

(E) $500,000,000 for fiscal year 2010. 

* * * * * * * 

(5) CRITERIA.—In awarding grants under this section, the 

Secretary shall give priority to applications that promote feedstock diversity and the geographic dispersion of production facilities. 

ø(s)¿ (t) BLENDING OF COMPLIANT REFORMULATED GASOLINES.—

(1) * * * 

* * * * * * * 

(u) STANDARD SPECIFICATIONS FOR BIODIESEL.—Unless the American Society for Testing and Materials has adopted a standard for 

diesel fuel containing 20 percent biodiesel, not later than 1 year 

after the date of enactment of this subsection, the Administrator 

shall initiate a rulemaking establishing a series of uniform per gallon fuel standards for categories of fuels that contain biodiesel, including one standard for fuel containing 20 percent biodiesel, and 

designate an identification number for fuel meeting each standard 

in each such category so that vehicle manufacturers are able to design engines to use fuel meeting one or more of such standards. The 

Administrator shall finalize the standards under this subsection 18 

months after the date of the enactment of this subsection. 

* * * * * * * 

ENERGY POLICY ACT OF 2005 

* * * * * * * 

TITLE VII—VEHICLES AND FUELS 

* * * * * * * 


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Subtitle B—Hybrid Vehicles, Advanced 

Vehicles, and Fuel Cell Buses 

PART 1—HYBRID VEHICLES 

* * * * * * * 

SEC. 712. EFFICIENT HYBRID AND ADVANCED DIESEL VEHICLES. 

(a) PROGRAM.—The Secretary shall establish a program to encourage domestic production and sales of efficient hybrid and advanced diesel vehicles. The program shall include grants to automobile manufacturers to encourage domestic production of efficient 

hybrid, flexible-fuel, and advanced diesel vehicles. Priority shall be 

given to the refurbishment or retooling of manufacturing facilities 

that have recently ceased operation or will cease operation in the 

near future. 

ø(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to the Secretary for carrying out this section 

such sums as may be necessary for each of the fiscal years 2006 

through 2015.¿ 

(b) COORDINATION WITH STATE AND LOCAL PROGRAMS.—The Secretary may coordinate implementation of this section with State and 

local programs designed to accomplish similar goals, including the 

retention and retraining of skilled workers from the such manufacturing facilities, including by establishing matching grant arrangements. 

(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 

be appropriated to the Secretary such sums as may be necessary to 

carry out this section. 

* * * * * * * 

TITLE 49, UNITED STATES CODE 

* * * * * * * 

Subtitle VI—Motor Vehicle and Driver 

Programs 

* * * * * * * 

PART C—INFORMATION, STANDARDS, AND 

REQUIREMENTS 

* * * * * * * 

CHAPTER 329—AUTOMOBILE FUEL ECONOMY 

§ 32901. Definitions 

(a) GENERAL.—In this chapter—

(1) ‘‘alternative fuel’’ means—

(A) * * * 

* * * * * * * 


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(J) B20 biodiesel blend; 

ø(J)¿ (K) electricity (including electricity from solar energy); and 

ø(K)¿ (L) any other fuel the Secretary of Transportation 

prescribes by regulation that is not substantially petroleum and that would yield substantial energy security and 

environmental benefits. 

* * * * * * * 

(7) ‘‘biodiesel’’ means the monoalkyl esters of long chain fatty 

acids derived from plant or animal matter which meet—

(A) the registration requirements for fuels and fuel additives established by the Environmental Protection Agency 

under section 211 of the Clean Air Act (42 U.S.C. 7545); 

and 

(B) the requirements of the American Society of Testing 

and Materials D6751. 

(8) ‘‘B20 biodiesel blend’’ means a mixture of biodiesel and 

diesel fuel approximately 20 percent of the content of which is 

biodiesel, and commonly known as ‘‘B20’’. 

ø(7)¿ (9) ‘‘dedicated automobile’’ means an automobile that 

operates only on alternative fuel. 

ø(8)¿ (10) ‘‘dual fueled automobile’’ means an automobile 

that—

(A) * * * 

* * * * * * * 

ø(9)¿ (11) ‘‘fuel’’ means—

(A) * * * 

* * * * * * * 

ø(10)¿ (12) ‘‘fuel economy’’ means the average number of 

miles traveled by an automobile for each gallon of gasoline (or 

equivalent amount of other fuel) used, as determined by the 

Administrator under section 32904(c) of this title. 

ø(11)¿ (13) ‘‘import’’ means to import into the customs territory of the United States. 

ø(12)¿ (14) ‘‘manufacture’’ (except under section 32902(d) of 

this title) means to produce or assemble in the customs territory of the United States or to import. 

ø(13)¿ (15) ‘‘manufacturer’’ means—

(A) * * * 

* * * * * * * 

ø(14)¿ (16) ‘‘model’’ means a class of automobiles as decided 

by regulation by the Administrator after consulting and coordinating with the Secretary. 

ø(15)¿ (17) ‘‘model year’’, when referring to a specific calendar year, means—

(A) * * * 

* * * * * * * 

ø(16)¿ (18) ‘‘passenger automobile’’ means an automobile 

that the Secretary decides by regulation is manufactured primarily for transporting not more than 10 individuals, but does 

not include an automobile capable of off-highway operation 

that the Secretary decides by regulation—


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(A) * * * 

* * * * * * * 


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(19) 

DISSENTING VIEWS OF REPRESENTATIVES JOE BARTON, 

RALPH M. HALL, DENNIS HASTERT, ED WHITFIELD, BARBARA CUBIN, JOHN SHADEGG, JOSEPH R. PITTS, SUE 

MYRICK, AND JOHN SULLIVAN 

MINORITY VIEWS ON COMMITTEE PRINT 4—JUNE 28, 2007 

More than ever, Americans are demanding action by Congress to 

achieve energy security. Despite two significant attempts during 

Committee mark-up of Print 4 to advance energy security, the bill 

as reported fails any test of serious energy policy. 

The first attempt was an amendment to modernize the Corporate 

Average Fuel Economy (CAFE) program. Americans understand too 

well that a large component of the record high automotive fuel 

costs they have faced this summer is traced to demand-side pressures caused by vehicles that consume fuel at rates far in excess 

of world fleet averages. The time to face this issue squarely has arrived. 

CAFE action in June by the other body of Congress has the support of several interest groups but is so aggressive that it directly 

threatens three core values: 

1. consumer choice; 

2. jobs in the domestic vehicle manufacturing sector; and 

3. a future role for the domestic vehicle industry in the U.S. 

economy. 

With that in mind, we offered an amendment that takes a serious approach to CAFE, but which most of the auto industry (including organized auto workers) said was achievable without sacrificing our shared core values. It would provide a 35 mile per gallon 

equivalent minimum fuel standard by 2022, while taking into account vehicle attributes that consumers require. 

That offer was rejected out of hand on a straight party line vote, 

leaving the bill silent on automotive fuel standards, despite the 

clear wishes of a majority of Americans, pressure from the other 

body to take even more radical action, and the desire of the industry itself, to squarely face the issue. 

The second attempt was an amendment to address the supply 

side of the energy security question by putting in place a fuel 

standard that would assure diversity of fuel supply and reduce dependence on unstable, foreign sources of oil. The amendment provided for a percentage of our transportation fuel supply to be derived from sources other than crude oil, among others domestic coal 

and advanced biofuels, both of which are potentially plentiful from 

domestic sources. This amendment was also rejected by the Majority. Again, the American people demand action and Congress does 

nothing. 

What was left standing in Print 4 was so inconsequential (a few 

studies and subsidy programs, mostly targeted for special interests) 


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that we could not in good conscience approve it, lest our constituents think that we regard it as remotely responsive to their needs. 

The people we are privileged to serve sent us to Congress to tackle 

these problems on their behalf. Each time we in the Minority try, 

we are stiff-armed by the Majority, who insist on running away 

from the issues instead of facing them head-on. 

JOE BARTON. RALPH M. HALL. J. DENNIS HASTERT. ED WHITFIELD. BARBARA CUBIN. JOHN SHADEGG. 

JOSEPH R. PITTS. 

SUE MYRICK. 

JOHN SULLIVAN. 

Æ 


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