U.S. Legislative Updates

Congress has adjourned for August recess and will reconvene on September 10. When lawmakers return, they will first tackle a six-month continuing resolution (CR) to keep the government running through March 31, 2013. With the exception of the government spending bill (CR), there is little expectation that Congress will act on other major pieces of legislation before the November election. Much of the legislative work will take place after the November elections in a lame-duck session.

NAFA will plan to work with Congress during the lame duck session to extend the biodiesel tax credit. NAFA also will closely follow the "Domestic Fuels Act of 2012" if it moves forward. The bill limits a retailer or marketer’s liability for misfueling with E15. Neither the retailer nor marketer would be liable under any Federal, State, or local law if the use of E15 voids the warranty of the manufacturer of the motor vehicle, motor vehicle engine, nonroad engine, nonroad vehicle, or nonroad equipment. The only exception is where the person that sells the fuel, retailer or marketer, does not comply with EPA’s regulations for labeling of E15 pumps.

NAFA is working closely with the House and Senate sponsors of the legislation on amendment language to ensure that the liability protection does not extend to a marketer who mistakenly delivers E15 to a fleet’s central fueling facility.


The Massachusetts Legislature has unanimously passed and Governor Deval Patrick has signed a compromise "right to repair" bill. Supporters of the legislation, which was approved in the waning hours of the legislative session, say it could serve as a model for a national policy. 

The bill was approved by the Massachusetts House and Senate after a compromise was struck between automakers, dealers, and advocates for a requirement that car manufacturers make available to independent mechanics all repair codes and other diagnostic information. Automaker are given until 2018 to satisfy a mandate that all new cars sold in the state include an onboard diagnostic and repair information system that can easily be accessed with any typical laptop computer. The new law does not apply to medium and heavy-duty trucks above 10,000 pound GVW.

The legislation will not stop a ballot question that will go before Massachusetts voters in November. The ballot question calls for a similar requirement in new cars as of 2015. The campaign over the ballot issue had been expected to be costly and divisive. Both sides are pledging to join forces to urge voters to vote down the question so the compromise will stand. Should the ballot question pass anyway, the Legislature could still move to reinstate the new language when it reconvenes in January.