# 1 Exception to alternative fuel procurement requirement
See References in Text note below.
Section 526(a) [^1] of the Energy Independence and Security Act of 2007 (42 U.S.C. 17142(a)) does not prohibit the Administration from entering into a contract to purchase a generally available fuel that is not an alternative or synthetic fuel or predominantly produced from a nonconventional petroleum source, if—
**(1)** the contract does not specifically require the contractor to provide an alternative or synthetic fuel or fuel from a nonconventional petroleum source;
**(2)** the purpose of the contract is not to obtain an alternative or synthetic fuel or fuel from a nonconventional petroleum source; and
**(3)** the contract does not provide incentives for a refinery upgrade or expansion to allow a refinery to use or increase its use of fuel from a nonconventional petroleum source.
---
**Source Credit**: (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3366.)
| RevisedSection | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 30310 | 42 U.S.C. 17827. | Pub. L. 110–422, title XI, § 1112, Oct. 15, 2008, 122 Stat. 4811. |
## Editorial Notes
### References in Text
Section 526(a) of the Energy Independence and Security Act of 2007, referred to in text, probably means , which is classified to , The Public Health and Welfare, but does not contain subsecs.