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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

                          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 corn-based) 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 gasoline-powered 
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, 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 
Administrator 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.

                       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.


                      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 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.

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.

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.
[Sec. 202. Octane testing and disclosure requirements.]
Sec. 202. Automotive fuel rating testing and disclosure requirements.
     * * * * * * *

                     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 [102 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 [102 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 [102 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 [102 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 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

           *       *       *       *       *       *       *


Part A--Motor Vehicle Emission and Fuel Standards

           *       *       *       *       *       *       *


                          REGULATION OF FUELS

  Sec. 211. (a) * * *

           *       *       *       *       *       *       *

  [(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.
  [(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

           *       *       *       *       *       *       *


  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.
  [(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

Sec. 32901. Definitions

  (a) General.--In this chapter--
          (1) ``alternative fuel'' means--
                  (A) * * *

           *       *       *       *       *       *       *

                  (J) B20 biodiesel blend;
                  [(J)] (K) electricity (including electricity 
                from solar energy); and
                  [(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''.
          [(7)] (9) ``dedicated automobile'' means an 
        automobile that operates only on alternative fuel.
          [(8)] (10) ``dual fueled automobile'' means an 
        automobile that--
                  (A) * * *

           *       *       *       *       *       *       *

          [(9)] (11) ``fuel'' means--
                  (A)  * * *

           *       *       *       *       *       *       *

          [(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.
          [(11)] (13) ``import'' means to import into the 
        customs territory of the United States.
          [(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.
          [(13)] (15) ``manufacturer'' means--
                  (A) * * *

           *       *       *       *       *       *       *

          [(14)] (16) ``model'' means a class of automobiles as 
        decided by regulation by the Administrator after 
        consulting and coordinating with the Secretary.
          [(15)] (17) ``model year'', when referring to a 
        specific calendar year, means--
                  (A) * * *

           *       *       *       *       *       *       *

          [(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--
                  (A)  * * *

           *       *       *       *       *       *       *


 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) 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.