,i #aacth ,,congress #ast ,session ,h4 ,r4 #abad ,,in ,,the ,,house ,,of ,,representatives ,march #ae1 #bjac ,mr4 ,shimkus introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce1 and in addition to the ,committee on the ,judiciary1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to provide liability protection for claims based on the design1 manufacture1 sale1 offer for sale1 introduction into commerce1 or use of certain fuels and fuel additives1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,domestic ,fuels ,protection ,act of #bjac4 #b4 ,fuel compatibility 7a7 ,compatibility ,subtitle ,i of the ,solid ,waste ,disposal ,act 7#db ,u4,s4,c4 #fiia et seq47 is amended-- 7#a7 by redesignating section #ijad as section #ijae2 and 7#b7 by inserting after section #ijac the following3 #ijad4 ,compatibility 7a7 ,definitions ,in this section3 7#a7 ,associated dispensing equipment ,the term associated dispensing equipment means equipment1 at a stationary facility1 that is-- 7,a7 used for-- 7i7 the storage of any fuel or fuel additive described in subsection 7b77#c77;,a72 or 7ii7 the dispensing of any fuel or fuel additive described in subsection 7b77#c77;,a7 into any fuel tank of any motor vehicle1 motor vehicle engine1 nonroad vehicle1 nonroad engine1 or nonroad equipment2 and 7,b7 subject to regulation under section #aiaj4ajf or #aibf4aeb of title #bi1 ,code of ,federal ,regulations 7as in effect on the date of enactment of the ,domestic ,fuels ,protection ,act of #bjac74 7#b7 ,compatible ,the term compatible has the meaning given the term in section #bhj4ab of title #dj1 ,code of ,federal ,regulations 7as in effect on the date of enactment of the ,domestic ,fuels ,protection ,act of #bjac74 7#c7 ,motor vehicle ,the term motor vehicle has the meaning given the term in section #baf of the ,clean ,air ,act 7#db ,u4,s4,c4 #geej74 7#d7 ,motor vehicle engine ,the term motor vehicle engine means an engine in a motor vehicle4 7#e7 ,nonroad engine ,the term nonroad engine has the meaning given the term in section #baf of the ,clean ,air ,act 7#db ,u4,s4,c4 #geej74 7#f7 ,nonroad equipment ,the term nonroad equipment means any recreational1 construction1 industrial1 agricultural1 logging1 residential1 commercial lawn and garden1 or other equipment that is powered by a nonroad engine4 7#g7 ,nonroad vehicle ,the term nonroad vehicle has the meaning given the term in section #baf of the ,clean ,air ,act 7#db ,u4,s4,c4 #geej74 7#h7 ,provider of financial assurance ,the term provider of financial assurance has the meaning given the term in section #bhj4ib of title #dj1 ,code of ,federal ,regulations 7as in effect on the date of enactment of the ,domestic ,fuels ,protection ,act of #bjac74 7#i7 ,underground storage tank system ,the term underground storage tank system means an underground storage tank1 connected underground piping1 underground ancillary equipment1 and containment system1 if any4 7b7 ,compatibility with fuels 7#a7 ,liability ,no person shall be liable under any ,federal1 ,state1 or local law 7including common law7 because an underground storage tank1 underground storage tank system1 or associated dispensing equipment is not compatible with a fuel or fuel additive described in paragraph 7#c77;,a7 if the tank1 system1 or equipment has been determined to be compatible with the fuel or fuel additive under the guidelines or regulations described in paragraph 7#c74 7#b7 ,financial assurance ,a provider of financial assurance shall not deny payment for any claim on the basis that an underground storage tank1 underground storage tank system1 or associated dispensing equipment is not compatible with a fuel or fuel additive described in paragraph 7#c77;,a7 if the tank1 system1 or equipment has been determined to be compatible with the fuel or fuel additive under the guidelines or regulations described in paragraph 7#c74 7#c7 ,guidelines and regulations 7,a7 ,in general ,paragraphs 7#a7 and 7#b7 apply to any underground storage tank1 underground storage tank system1 and associated dispensing equipment that meets any guidelines or regulations1 which may be revised under subparagraph 7,b71 issued by the ,administrator and in effect on the date of enactment of the ,domestic ,fuels ,protection ,act of #bjac1 addressing compatibility of such tanks1 systems1 or equipment with any fuel or fuel additive that is authorized and registered1 or for which an updated registration is accepted1 by the ,administrator or under any ,federal law1 for use in a motor vehicle1 motor vehicle engine1 nonroad vehicle1 nonroad engine1 or nonroad equipment4 7,b7 ,regulations 7i7 ,in general ,not later than #a year after the date of enactment of the ,domestic ,fuels ,protection ,act of #bjac1 the ,administrator shall issue1 or if applicable revise1 regulations setting standards for determining whether an underground storage tank1 underground storage tank system1 or associated dispensing equipment is compatible with a fuel or fuel additive described in subparagraph 7,a74 7ii7 ,minimum standards ,the regulations issued under clause 7i7 shall include minimum standards and processes for certification by the ,administrator or by an owner1 operator1 or manufacturer of underground storage tanks1 underground storage tank systems1 or associated dispensing equipment1 to ensure compatibility4 7#d7 ,underground storage tanks1 underground storage tank systems1 and associated dispensing equipment previously listed as compatible ,any underground storage tank1 underground storage tank system1 or associated dispensing equipment that1 on or before the date of enactment of the ,domestic ,fuels ,protection ,act of #bjac1 is listed by a nationally recognized testing laboratory as compatible with a fuel or fuel additive described in paragraph 7#c77;,a7 shall be deemed compatible with such fuel or fuel additive under the regulations issued under this subsection4 7#e7 ,administration ,nothing in this section affects-- 7,a7 any other requirement respecting the introduction into commerce1 offering for sale1 or sale of any fuel or fuel additive2 7,b7 any requirement under section #baa7o7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gede7o772 or 7,c7 any other requirement under this subtitle4 4 7b7 ,conforming amendments ,the ,solid ,waste ,disposal ,act is amended-- 7#a7 in section #ijjc7;h77#ab77;,a7 7#db ,u4,s4,c4 #fiia;b7h77#ab77;,a771 by striking section #ijad7b77;,b7 and inserting section #ijae7b77;,b72 7#b7 in section #ijjd7;f77#a77;,a7 7#db ,u4,s4,c4 #fiia;c7f77#a77;,a771 by striking section #ijad7b77;,a7 and inserting section #ijae7b77;,a72 and 7#c7 in section #ijaa 7#db ,u4,s4,c4 #fiia;j71 by striking section #ijad7b77;,d7 and inserting section #ijae7b77;,d74 7c7 ,table of contents ,the table of contents contained in section #ajja of the ,solid ,waste ,disposal ,act 7#db ,u4,s4,c4 #fija7 is amended by striking the item relating to section #ijad and inserting the following3 ,sec4 #ijad4 ,compatibility4 ,sec4 #ijae4 ,authorization of ,appropriations4 4 #c4 ,misfueling 7a7 ,in general ,section #baa7;g7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gede7;g77 is amended by adding at the end the following3 7#c7 ,limitation on liability 7,a7 ,limitation 7i7 ,in general ,except as provided in clause 7ii71 no person shall be liable under any provision of this ,act or any ,federal1 ,state1 or local law1 including common law1 if-- 7,i7 a self-service purchaser introduces any transportation fuel into any motor vehicle1 motor vehicle engine1 nonroad vehicle1 or nonroad equipment for which the fuel has not been approved under subsection 7f72 or 7,,ii7 the introduction of any transportation fuel voids the warranty of the manufacturer of the motor vehicle1 motor vehicle engine1 nonroad engine1 nonroad vehicle1 or nonroad equipment4 7ii7 ,exception ,clause 7i7 shall not apply to-- 7,i7 a person who sells any transportation fuel and does not comply with the misfueling regulations adopted by the ,administrator under section #hj4aeja of title #dj1 ,code of ,federal ,regulations 7or successor regulations72 or 7,,ii7 a person who intentionally misfuels4 7,b7 ,definitions ,in this paragraph3 7i7 ,nonroad equipment ,the term nonroad equipment means any recreational1 construction1 industrial1 agricultural1 logging1 residential1 commercial lawn and garden1 or other equipment that is powered by a nonroad engine4 7ii7 ,transportation fuel ,the term transportation fuel means any fuel that contains a fuel or a fuel additive1 or a blend of a fuel and fuel additive1 that is authorized after ,january #a1 #bjaj1 by the ,administrator or under any ,federal law1 for use in any motor vehicle1 motor vehicle engine1 nonroad vehicle1 nonroad engine1 or nonroad equipment4 4 7b7 ,penalties ,section #baa7;d7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gede7;d77 is amended-- 7#a7 in paragraph 7#a71 in the first sentence1 by inserting 7g71 after or the regulations prescribed under subsection 7c712 and 7#b7 in paragraph 7#b71 in the first sentence1 by inserting 7g71 after of the regulations prescribed under subsections 7c714 #d4 ,limitation on liability 7a7 ,qualified civil liability actions in federal court and state court 7#a7 ,in general ,no qualified civil liability action shall be filed or maintained in any court of the ,united ,states or any ,state court4 7#b7 ,dismissal of pending actions ,any qualified civil liability action filed or pending in any court of the ,united ,states or any ,state court on or after the date of enactment of this ,act shall be dismissed with prejudice4 7b7 ,safe harbor ,notwithstanding any ,federal1 ,state1 or local law 7including common law71 no qualified product shall be considered to be a defective product1 if the qualified product does not violate a control or prohibition1 respecting any characteristic or component of the qualified product1 imposed by the ,administrator of the ,environmental ,protection ,agency under section #baa of the ,clean ,air ,act 7#db ,u4,s4,c4 #gede74 7c7 ,definitions ,in this section3 7#a7 ,covered entity ,the term covered entity means any entity engaged in the design1 manufacture1 sale1 or distribution of any-- 7,a7 qualified product2 or 7,b7 motor vehicle1 motor vehicle engine1 nonroad vehicle1 nonroad engine1 or nonroad equipment4 7#b7 ,motor vehicle ,the term motor vehicle has the meaning given the term in section #baf of the ,clean ,air ,act 7#db ,u4,s4,c4 #geej74 7#c7 ,motor vehicle engine ,the term motor vehicle engine means an engine in a motor vehicle4 7#d7 ,nonroad engine ,the term nonroad engine has the meaning given the term in section #baf of the ,clean ,air ,act 7#db ,u4,s4,c4 #geej74 7#e7 ,nonroad equipment ,the term nonroad equipment means any recreational1 construction1 industrial1 agricultural1 logging1 residential1 commercial lawn and garden1 or other equipment that incorporates a nonroad engine4 7#f7 ,nonroad vehicle ,the term nonroad vehicle has the meaning given the term in section #baf of the ,clean ,air ,act 7#db ,u4,s4,c4 #geej74 7#g7 ,person ,the term person has the meaning given the term in section #a of title #a1 ,united ,states ,code1 except that the term includes any governmental entity4 7#h7 ,qualified civil liability action ,the term qualified civil liability action means any civil action or proceeding brought by any person against a covered entity for damages1 punitive damages1 injunctive or declaratory relief1 abatement1 restitution1 fines1 penalties1 or other relief1 resulting from the introduction of any qualified product into any motor vehicle1 motor vehicle engine1 nonroad vehicle1 nonroad engine1 or nonroad equipment4 7#i7 ,qualified product ,the term qualified product means-- 7,a7 any fuel or fuel additive for which a registration is in effect under section #baa7;b7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gede7;b77 or any other ,federal law enacted on or after ,october #ac1 #bjaj2 7,b7 a transportation fuel or transportation fuel additive that-- 7i7 contains any renewable fuel 7as defined in section #baa7o77#a7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gede7o77#a7772 and 7ii7 is designated for introduction into interstate commerce by the ,administrator of the ,environmental ,protection ,agency or the ,secretary of ,energy under the ,clean ,air ,act 7#db ,u4,s4,c4 #gdja et seq471 the ,energy ,policy ,act of #aiib 7#db ,u4,s4,c4 #acbja et seq471 or any other ,federal law enacted on or after ,october #ac1 #bjaj2 7,c7 any component of a fuel or fuel additive described in subparagraph 7,a7 or 7,b72 or 7,d7 any blend stock4 7#aj7 ,state ,the term ,state means each of the several ,states of the ,united ,states2 the ,district of ,columbia2 and any territory1 commonwealth1 or possession of the ,united ,states4