S.Amdt. 4737
What it does: Adds SEC. __. RENEWABLE FUELS PROMOTION wherever appropriateWhat it changes
1 change to S. 3711
Adds SEC. __. RENEWABLE FUELS PROMOTION wherever appropriate
Adds a sectionInserted: SEC. __. RENEWABLE FUELS PROMOTION.
Inserted: (a) Prohibition on Restriction of Installation of Renewable Fuel Pumps.--
Inserted: (1) In general.--Title I of the Petroleum Marketing Practices Act (15 U.S.C. 2801 et seq.) is amended by adding at the end the following:
Inserted: "SEC. 107. PROHIBITION ON RESTRICTION OF INSTALLATION OF RENEWABLE FUEL PUMPS.
Inserted: "(a) Definition of Franchise-Related Document.--In this section, the term 'franchise-related document' means--
Inserted: "(1) a franchise under this Act; and
Inserted: "(2) any other contract or directive of a franchisor relating to terms or conditions of the sale of fuel by a franchisee.
Inserted: "(b) Prohibitions.--
Inserted: "(1) In general.--Notwithstanding any provision of a franchise-related document in effect on the date of enactment of this section, no franchisee or affiliate of a franchisee shall be restricted from--
Inserted: "(A) installing on the marketing premises of the franchisee a renewable fuel pump;
Inserted: "(B) converting an existing tank and pump on the marketing premises of the franchisee for renewable fuel use;
Inserted: "(C) advertising (including through the use of signage or logos) the sale of any renewable fuel; or
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Inserted: "(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).
Inserted: "(2) Enforcement.--Any restriction described in paragraph (1) that is contained in a franchise-related document and in effect on the date of enactment of this section--
Inserted: "(A) shall be considered to be null and void as of that date; and
Inserted: "(B) shall not be enforced under section 105.
Inserted: "(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 a renewable fuel in lieu of 1 grade of gasoline.".
Inserted: (2) Conforming amendments.--
Inserted: (A) In general.--Section 101(13) of the Petroleum Marketing Practices Act (15 U.S.C. 2801(13)) is amended by adjusting the indentation of subparagraph (C) appropriately.
Inserted: (B) Table of contents.--The table of contents of the Petroleum Marketing Practices Act (15 U.S.C. 2801 note) is amended--
Inserted: (i) by inserting after the item relating to section 106 the following:
Inserted: "Sec. 107. Prohibition on restriction of installation of renewable fuel pumps."; and
Inserted: (ii) by striking the item relating to section 202 and inserting the following:
Inserted: "Sec. 202. Automotive fuel rating testing and disclosure requirements.".
Inserted: (b) Refueling.--The Energy Policy Act of 1992 is amended by inserting after section 304 (42 U.S.C. 13213) the following:
Inserted: "SEC. 304A. FEDERAL FLEET FUELING CENTERS.
Inserted: "(a) In General.--Not later than January 1, 2008, the appropriate Federal agency shall install not less than 1 renewable fuel pump at every Federal fleet fueling center in the United States.
Inserted: "(b) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section.".
Inserted: (c) Report.--Not later than October 31 of each year beginning after the date of enactment of this Act, the President shall submit to Congress a report that describes the progress of the agencies of the Federal government (including the Executive Office of the President) in complying with--
Inserted: (1) the Energy Policy Act of 1992 (42 U.S.C. 13201 et seq.);
Inserted: (2) Executive Order 13149 (65 Fed. Reg. 24595; relating to greening the government through Federal fleet and transportation efficiency); and
Inserted: (3) the Federal fleet fueling center requirement under section 304A of the Energy Policy Act of 1992 (as added by subsection (b)).
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Original wording
At the appropriate place, insert the following:
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As printed
SA 4737. Mr. DAYTON submitted an amendment intended to be proposed by him to the bill S. 3711, to enhance the energy independence and security of the United States by providing for exploration, development, and production activities for mineral resources in the Gulf of Mexico, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. RENEWABLE FUELS PROMOTION.
(a) Prohibition on Restriction of Installation of Renewable Fuel Pumps.--
(1) In general.--Title I of the Petroleum Marketing Practices Act (15 U.S.C. 2801 et seq.) is amended by adding at the end the following:
“SEC. 107. PROHIBITION ON RESTRICTION OF INSTALLATION OF RENEWABLE FUEL PUMPS.
“(a) Definition of Franchise-Related Document.--In this section, the term ‘franchise-related document' means--
“(1) a franchise under this Act; and
“(2) 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.--Notwithstanding any provision of a franchise-related document in effect on the date of enactment of this section, no franchisee or affiliate of a franchisee shall be restricted from--
“(A) installing on the marketing premises of the franchisee a renewable fuel pump;
“(B) converting an existing tank and pump on the marketing premises of the franchisee for renewable fuel use;
“(C) advertising (including through the use of signage or logos) the sale of any renewable fuel; or
“(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).
“(2) Enforcement.--Any restriction described in paragraph (1) that is contained in a franchise-related document and in effect on the date of enactment of this section--
“(A) shall be considered to be null and void as of that date; and
“(B) shall not be enforced under section 105.
“(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 a renewable fuel in lieu of 1 grade of gasoline.”.
(2) Conforming amendments.--
(A) In general.--Section 101(13) of the Petroleum Marketing Practices Act (15 U.S.C. 2801(13)) is amended by adjusting the indentation of subparagraph (C) appropriately.
(B) Table of contents.--The table of contents of the Petroleum Marketing Practices Act (15 U.S.C. 2801 note) is amended--
(i) by inserting after the item relating to section 106 the following:
“Sec. 107. Prohibition on restriction of installation of renewable fuel pumps.”; and
(ii) by striking the item relating to section 202 and inserting the following:
“Sec. 202. Automotive fuel rating testing and disclosure requirements.”.
(b) Refueling.--The Energy Policy Act of 1992 is amended by inserting after section 304 (42 U.S.C. 13213) the following:
“SEC. 304A. FEDERAL FLEET FUELING CENTERS.
“(a) In General.--Not later than January 1, 2008, the appropriate Federal agency shall install not less than 1 renewable fuel pump at every Federal fleet fueling center in the United States.
“(b) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section.”.
(c) Report.--Not later than October 31 of each year beginning after the date of enactment of this Act, the President shall submit to Congress a report that describes the progress of the agencies of the Federal government (including the Executive Office of the President) in complying with--
(1) the Energy Policy Act of 1992 (42 U.S.C. 13201 et seq.);
(2) Executive Order 13149 (65 Fed. Reg. 24595; relating to greening the government through Federal fleet and transportation efficiency); and
(3) the Federal fleet fueling center requirement under section 304A of the Energy Policy Act of 1992 (as added by subsection (b)).
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Senate amendment submitted
July 27, 2006