Bolster Our Energy Security for Tomorrow Act - Authorizes the Administrator of the Environmental Protection Agency (EPA), upon state request, to provide financial assistance to facilitate hiring additional personnel with expertise in fields relevant to consideration of federal refinery authorizations.
Directs a federal agency responsible for federal refinery authorization, upon state request, to provide technical, legal, or other nonfinancial assistance to facilitate such consideration.
Directs the President to: (1) appoint a federal coordinator to coordinate refinery authorization procedures; and (2) designate at least three closed military installations, or portions of them, as potentially suitable for the construction of a refinery.
Requires that at least one such site be designated as potentially suitable for construction of a biomass refinery.
Requires the appropriate redevelopment authority to consider the feasibility and practicability of siting a refinery on the closed military installation when preparing or revising the redevelopment plan for it.
Prescribes guidelines for the management and disposal of real property.
Amends the Energy Policy Act of 2005 to repeal its refinery revitalization authority.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3649 Introduced in Senate (IS)]
109th CONGRESS
2d Session
S. 3649
To expedite the consideration of permits for refineries, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 12, 2006
Mr. Allen introduced the following bill; which was read twice and
referred to the Committee on Energy and Natural Resources
_______________________________________________________________________
A BILL
To expedite the consideration of permits for refineries, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bolster Our Energy Security for
Tomorrow Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Applicant.--The term ``applicant'' means a person who
is seeking a Federal refinery authorization.
(3) Base closure law.--The term ``base closure law''
means--
(A) the Defense Base Closure and Realignment Act of
1990 (10 U.S.C. 2687 note; part A of title XXIX of
Public Law 101-510); and
(B) title II of the Defense Authorization
Amendments and Base Closure and Realignment Act (10
U.S.C. 2687 note; Public Law 100-526).
(4) Biomass.--The term ``biomass'' has the meaning given
the term in section 932(a) of the Energy Policy Act of 2005 (42
U.S.C. 16232(a)).
(5) Closed military installation.--The term ``closed
military installation'' means a military installation closed or
approved for closure pursuant to a base closure law.
(6) Federal refinery authorization.--
(A) In general.--The term ``Federal refinery
authorization'' means any authorization required under
Federal law, whether administered by a Federal or State
administrative agency or official, with respect to
siting, construction, expansion, or operation of a
refinery.
(B) Inclusions.--The term ``Federal refinery
authorization'' includes any permit, license, special
use authorization, certification, opinion, or other
approval required under Federal law with respect to
siting, construction, expansion, or operation of a
refinery.
(7) Refinery.--The term ``refinery'' means--
(A) a facility designed and operated to receive,
load, unload, store, transport, process, and refine
crude oil by any chemical or physical process
(including distillation, fluid catalytic cracking,
hydrocracking, coking, alkylation, etherification,
polymerization, catalytic reforming, isomerization,
hydrotreating, blending, or any combination thereof) in
order to produce gasoline or distillate;
(B) a facility designed and operated to receive,
load, unload, store, transport, process, and refine
coal by any chemical or physical process (including
liquefaction) in order to produce gasoline or diesel as
its primary output; or
(C) a facility designed and operated to receive,
load, unload, store, transport, process (including
biochemical, photochemical, and biotechnology
processes), and refine biomass in order to produce
biofuel.
(8) State.--The term ``State'' means--
(A) a State;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico; and
(D) any other territory or possession of the United
States.
SEC. 3. STATE ASSISTANCE.
(a) State Assistance.--At the request of a chief executive officer
of a State, the Administrator may provide financial assistance to the
State to facilitate the hiring of additional personnel to assist the
State with expertise in fields relevant to consideration of Federal
refinery authorizations.
(b) Other Assistance.--At the request of a chief executive officer
of a State, a Federal agency responsible for a Federal refinery
authorization shall provide technical, legal, or other nonfinancial
assistance to the State to facilitate the consideration by the State of
Federal refinery authorizations.
SEC. 4. REFINERY PROCESS COORDINATION AND PROCEDURES.
(a) Appointment of Federal Coordinator.--
(1) In general.--The President shall appoint a Federal
coordinator to perform the responsibilities assigned to the
Federal coordinator under this Act.
(2) Other agencies.--Each Federal or State agency or
official that is responsible for a Federal refinery
authorization shall cooperate with the Federal coordinator.
(b) Federal Refinery Authorizations.--
(1) Meeting participants.--
(A) In general.--Not later than 30 days after
receiving a notification from an applicant that the
applicant is seeking a Federal refinery authorization
pursuant to Federal law, the Federal coordinator
appointed under subsection (a) shall convene a meeting
of representatives from all Federal and State agencies
responsible for a Federal refinery authorization with
respect to the refinery.
(B) State agencies.--The chief executive officer of
a State shall identify each agency of the State that is
responsible for a Federal refinery authorization with
respect to the refinery.
(2) Memorandum of agreement.--
(A) In general.--Not later than 90 days after
receipt of a notification described in paragraph (1),
the Federal coordinator and the other participants at a
meeting convened under paragraph (1) shall enter into a
memorandum of agreement setting forth the most
expeditious coordinated schedule practicable for
completion of all Federal refinery authorizations with
respect to the refinery, consistent with the full
substantive and procedural review required under
Federal law.
(B) Absent agencies.--If a Federal or State agency
responsible for a Federal refinery authorization with
respect to the refinery is not represented at the
meeting, the Federal coordinator shall ensure that the
schedule accommodates the Federal refinery
authorization, consistent with Federal law.
(C) Conflicting requirements.--If a conflict arises
among Federal refinery authorization scheduling
requirements, the requirements of the Environmental
Protection Agency shall be given priority.
(D) Publication.--Not later than 15 days after
completing the memorandum of agreement, the Federal
coordinator shall publish the memorandum of agreement
in the Federal Register.
(E) Administration.--The Federal coordinator shall,
to the maximum extent practicable--
(i) ensure that all parties to the
memorandum of agreement are working in good
faith to carry out the memorandum of agreement;
and
(ii) facilitate the implementation of the
schedule established in the memorandum of
agreement.
(c) Consolidated Record.--
(1) In general.--The Federal coordinator shall, with the
cooperation of Federal and State administrative agencies and
officials, maintain a complete consolidated record of all
decisions made and actions taken by the Federal coordinator or
by a Federal administrative agency or officer (or State
administrative agency or officer acting under delegated Federal
authority) with respect to any Federal refinery authorization.
(2) Judicial record.--
(A) In general.--Subject to subparagraph (B), the
record shall be the record for judicial review under
subsection (d) of a decision made or action taken by a
Federal or State administrative agency or official
under this section.
(B) Remand for further development.--If the court
determines that the record does not contain sufficient
information, the court may remand the proceeding to the
Federal coordinator for further development of the
consolidated record.
(d) Remedies.--
(1) In general.--The United States district court for the
district in which the refinery is located or proposed to be
located shall have exclusive jurisdiction over any civil action
for the review of the failure of an agency or official to act
on a Federal refinery authorization in accordance with the
schedule established pursuant to the memorandum of agreement.
(2) Standing.--If an applicant or a party to a memorandum
of agreement alleges that a failure to act described in
paragraph (1) has occurred and that the failure to act would
jeopardize timely completion of the entire schedule as
established in the memorandum of agreement, the applicant or
other party may bring a cause of action under this subsection.
(3) Court action.--
(A) In general.--If an action is brought under
paragraph (2), the court shall review--
(i) whether the parties to the memorandum
of agreement have been acting in good faith;
(ii) whether the applicant has been
cooperating fully with the agencies that are
responsible for issuing a Federal refinery
authorization; and
(iii) any other relevant materials in the
consolidated record.
(B) New schedule.--Taking into consideration the
factors described in subparagraph (A), if the court
finds that a failure to act described in paragraph (1)
has occurred and that the failure to act would
jeopardize timely completion of the entire schedule as
established in the memorandum of agreement, the court
shall establish a new schedule that is the most
expeditious coordinated schedule practicable for
completion of proceedings, consistent with the full
substantive and procedural review required by Federal
law.
(C) Enforcement.--The court may issue orders to
enforce any schedule the court establishes under this
paragraph.
(4) Filing of consolidated record.--When any civil action
is brought under this subsection, the Federal coordinator shall
immediately file with the court the consolidated record
compiled by the Federal coordinator pursuant to subsection (c).
(5) Expedited review.--The court shall set any civil action
brought under this subsection for expedited consideration.
(e) Applicability.--This section shall only apply to a refinery
sited or proposed to be sited, or expanded or proposed to be expanded,
in--
(1) a State the chief executive officer of which has
submitted a request to the President for the application of
this section to the siting, construction, expansion, or
operation of any refinery in the State; or
(2) all or part of a closed military installation made
available for the siting of a refinery in the manner provided
by the base closure law applicable to the closed military
installation.
SEC. 5. DESIGNATION OF CLOSED MILITARY BASES.
(a) Designation Requirement.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the President shall designate not less
than 3 closed military installations, or portions thereof, as
potentially suitable for the construction of a refinery.
(2) Biomass.--At least 1 site designated under paragraph
(1) shall be designated as potentially suitable for
construction of a refinery to refine biomass in order to
produce biofuel.
(b) Redevelopment Authority.--In preparing or revising the
redevelopment plan for the closed military installation, the
redevelopment authority with jurisdiction over each closed military
installation designated under subsection (a)(1) shall consider the
feasibility and practicability of siting a refinery on the closed
military installation.
(c) Management and Disposal of Real Property.--
(1) In general.--In managing and disposing of real property
at a closed military installation designated under subsection
(a) pursuant to the base closure law applicable to the closed
military installation, the Secretary of Defense shall give
substantial deference to the recommendations of the
redevelopment authority, as contained in the redevelopment plan
for the closed military installation, regarding the siting of a
refinery on the closed military installation.
(2) Real property.--The management and disposal of real
property at all or part of a closed military installation found
to be suitable for the siting of a refinery under subsection
(a) shall be carried out in the manner provided by the base
closure law applicable to the closed military installation.
SEC. 6. RELATIONSHIP TO OTHER LAWS AND ACTIONS.
Nothing in this Act--
(1) affects the application of any environmental or other
law; or
(2) prevents any party from bringing a cause of action
under any environmental or other law, including a citizen suit.
SEC. 7. REPEAL OF REFINERY REVITALIZATION AUTHORITY.
(a) In General.--Subtitle H of title III of the Energy Policy Act
of 2005 (42 U.S.C. 15951 et seq.) is repealed.
(b) Conforming Amendment.--The table of contents in section 1(b) of
the Energy Policy Act of 2005 (Public Law 109-58; 119 Stat. 594) is
amended by striking the items relating to subtitle H of title III.
<all>
Introduced in Senate
Read twice and referred to the Committee on Energy and Natural Resources.
Sponsor introductory remarks on measure. (CR S9242)
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