II 

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. 

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’’. 


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1 SEC. 2. PROHIBITION ON RESTRICTION OF INSTALLATION 

2 OF RENEWABLE FUEL PUMPS. 

3 (a) IN GENERAL.—Title I of the Petroleum Mar4 keting Practices Act (15 U.S.C. 2801 et seq.) is amended 

5 by adding at the end the following: 

6 ‘‘SEC. 107. PROHIBITION ON RESTRICTION OF INSTALLA7 TION OF RENEWABLE FUEL PUMPS. 

8 ‘‘(a) DEFINITION OF FRANCHISE-RELATED DOCU9 MENT.—In this section, the term ‘franchise-related docu10 ment’ means— 

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

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

13 franchisor relating to terms or conditions of the sale 

14 of fuel by a franchisee. 

15 ‘‘(b) PROHIBITIONS.— 

16 ‘‘(1) IN GENERAL.—Notwithstanding any provi17 sion of a franchise-related document in effect on the 

18 date of enactment of this section, no franchisee or 

19 affiliate of a franchisee shall be restricted from— 

20 ‘‘(A) installing on the marketing premises 

21 of the franchisee a renewable fuel pump; 

22 ‘‘(B) converting an existing tank and 

23 pump on the marketing premises of the 

24 franchisee for renewable fuel use; 


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1 ‘‘(C) advertising (including through the 

2 use of signage or logos) the sale of any renew3 able fuel; or 

4 ‘‘(D) selling renewable fuel in any specified 

5 area on the marketing premises of the 

6 franchisee (including any area in which a name 

7 or logo of a franchisor or any other entity ap8 pears). 

9 ‘‘(2) ENFORCEMENT.—Any restriction de10 scribed in paragraph (1) that is contained in a fran11 chise-related document and in effect on the date of 

12 enactment of this section— 

13 ‘‘(A) shall be considered to be null and 

14 void as of that date; and 

15 ‘‘(B) shall not be enforced under section 

16 105. 

17 ‘‘(c) EXCEPTION TO 3-GRADE REQUIREMENT.—No 

18 franchise-related document that requires that 3 grades of 

19 gasoline be sold by the applicable franchisee shall prevent 

20 the franchisee from selling a renewable fuel in lieu of 1 

21 grade of gasoline.’’. 

22 (b) CONFORMING AMENDMENTS.— 

23 (1) IN GENERAL.—Section 101(13) of the Pe24 troleum Marketing Practices Act (15 U.S.C. 


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1 2801(13)) is amended by adjusting the indentation 

2 of subparagraph (C) appropriately. 

3 (2) TABLE OF CONTENTS.—The table of con4 tents of the Petroleum Marketing Practices Act (15 

5 U.S.C. 2801 note) is amended— 

6 (A) by inserting after the item relating to 

7 section 106 the following: 

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

8 and 

9 (B) by striking the item relating to section 

10 202 and inserting the following: 

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

11 SEC. 3. REFUELING. 

12 The Energy Policy Act of 1992 is amended by insert13 ing after section 304 (42 U.S.C. 13213) the following: 

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

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

16 the appropriate Federal agency shall install not less than 

17 1 renewable fuel pump at every Federal fleet fueling cen18 ter in the United States. 

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

20 are authorized to be appropriated such sums as are nec21 essary to carry out this section.’’. 

22 SEC. 4. REPORT. 

23 Not later than October 31 of each year beginning 

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


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1 submit to Congress a report that describes the progress 

2 of the agencies of the Federal government (including the 

3 Executive Office of the President) in complying with— 

4 (a) the Energy Policy Act of 1992 (42 U.S.C. 13201 

5 et seq.); 

6 (b) Executive Order 13149 (65 Fed. Reg. 24595; re7 lating to greening the government through Federal fleet 

8 and transportation efficiency); and 

9 (c) the Federal fleet fueling center requirement under 

10 section 304A of the Energy Policy Act of 1992 (as added 

11 by section 3). 

Æ 


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