734 
offer renewable fuel to the public, the grant recipient that 
used grant funds to construct or upgrade such station 
shall notify the Secretary of Energy of such opening. The 
Secretary of Energy shall add each new renewable fuel 
station to the renewable fuel station locator on its Website 
when it receives notification under this subsection. 
(j) INELIGIBILITY.—No person may receive assist-
ance under this section and receive a credit under section 
30C of the Internal Revenue Code of 1986. 
(k) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary of En-
ergy for carrying out this section $200,000,000 for each 
of the fiscal years 2008 through 2014. 
(l) RESTRICTION.—No grant shall be provided under 
this section to a large, vertically integrated oil company. 
SEC. 9302. PROHIBITION ON FRANCHISE AGREEMENT RE-
STRICTIONS RELATED TO RENEWABLE FUEL 
INFRASTRUCTURE. 
(a) IN GENERAL.—Title I of the Petroleum Mar-
keting Practices Act (15 U.S.C. 2801 et seq.) is amended 
by adding at the end the following: 
‘‘SEC. 107. PROHIBITION ON RESTRICTION OF INSTALLA-
TION OF RENEWABLE FUEL PUMPS. 
‘‘(a) DEFINITION.—In this section: 
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735 
‘‘(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 211(o) of the Clean 
Air Act (40 C.F.R., Part 80)), determined with-
out regard to any use of kerosene and con-
taining at least 20 percent biodiesel or renew-
able 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 docu-
ment entered into or renewed on or after the date 
of enactment of this section shall contain any provi-
sion 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 
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736 
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 ei-
ther 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 ap-
pears); 
‘‘(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 
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‘‘(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, mis-
branding, 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.’’. 
(b) ENFORCEMENT.—Section 105 of the Petroleum 
Marketing Practices Act (15 U.S.C. 2805) is amended by 
striking ‘‘102 or 103’’ each place it appears and inserting 
‘‘102, 103, or 107’’. 
(c) CONFORMING AMENDMENTS.— 
(1) IN GENERAL.—Section 101(13) of the Pe-
troleum Marketing Practices Act (15 U.S.C. 
2801(13)) is amended by aligning the margin of 
subparagraph (C) with subparagraph (B). 
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(2) TABLE OF CONTENTS.—The table of con-
tents 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. 9303. RENEWABLE FUEL DISPENSER REQUIREMENTS. 
(a) MARKET PENETRATION REPORTS.—The Sec-
retary of Energy, in consultation with the Secretary of 
Transportation, shall determine and report to Congress 
annually on the market penetration for flexible-fuel vehi-
cles in use within geographic regions to be established by 
the Secretary of Energy. 
(b) DISPENSER
FEASIBILITY
STUDY.—Not later 
than 24 months after the date of enactment of this Act, 
the Secretary of Energy, in consultation with the Depart-
ment of Transportation, shall report to the Congress on 
the feasibility of requiring motor fuel retailers to install 
E–85 compatible dispensers and related systems at retail 
fuel facilities in regions where flexible-fuel vehicle market 
penetration has reached 15 percent of motor vehicles. In 
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