Requires the Secretary of Energy to designate at least five brownfield sites (or portions of them) that are appropriate and available for siting a refinery for gasoline or other fuel.
Designates the Department of Energy as the lead agency for coordinating applicable federal refinery authorizations and related environmental reviews with respect to a designated refinery.
Gives the U.S. Court of Appeals for the District of Columbia exclusive jurisdiction over civil actions relating to federal refinery authorizations.
Amends the Internal Revenue Code to extend until January 1, 2017, the election to expense certain refineries.
[Congressional Bills 110th Congress]
[From the U.S. Government Printing Office]
[H.R. 6329 Introduced in House (IH)]
110th CONGRESS
2d Session
H. R. 6329
To expedite the construction of new refining capacity on brownfield
sites in the United States, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 20, 2008
Mrs. Cubin introduced the following bill; which was referred to the
Committee on Energy and Commerce, and in addition to the Committee on
Ways and Means, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To expedite the construction of new refining capacity on brownfield
sites in the United States, 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. DEFINITIONS.
For purposes of this Act--
(1) the term ``brownfield site'' has the meaning given that
term in section 101 of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9601);
(2) the term ``designated refinery'' means a refinery
designated under section 2(a);
(3) the term ``Federal refinery authorization''--
(A) 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; and
(B) includes any permits, special use
authorizations, certifications, opinions, or other
approvals required under Federal law with respect to
siting, construction, expansion, or operation of a
refinery;
(4) 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, and any combination thereof,
in order to produce gasoline or other fuel; or
(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, diesel, or
other liquid fuel as its primary output;
(5) the term ``Secretary'' means the Secretary of Energy;
and
(6) the term ``State'' means a State, the District of
Columbia, the Commonwealth of Puerto Rico, and any other
territory or possession of the United States.
SEC. 2. STATE PARTICIPATION AND SECRETARY'S DESIGNATION.
(a) Designation Requirement.--Not later than 90 days after the date
of enactment of this Act, the Secretary shall designate no less than 5
brownfield sites, or portions thereof, subject to subsection (c)(2),
that are appropriate and available for the purposes of siting a
refinery.
(b) Analysis of Refinery Sites.--In considering any site for
possible designation under subsection (a), the Secretary shall conduct
an analysis of--
(1) the availability of crude oil supplies to the site,
including supplies from domestic production of shale oil and
tar sands and other strategic unconventional fuels;
(2) the distribution of the Nation's refined petroleum
product demand;
(3) whether such site is in close proximity to substantial
pipeline infrastructure, including both crude oil and refined
petroleum product pipelines, and potential infrastructure
feasibility;
(4) the need to diversify the geographical location of the
domestic refining capacity;
(5) the effect that increased refined petroleum products
from a refinery on that site may have on the price and supply
of gasoline to consumers; and
(6) such other factors as the Secretary considers
appropriate.
(c) Making Designated Sites Available.--
(1) Secretary's role.--If a designated site is owned by the
Federal Government, the Secretary shall take appropriate
actions to make the site available for the construction of a
refinery. If the site is not owned by the Federal Government,
the Secretary shall facilitate the necessary transfer of
interest in the site from a willing seller to enable the
construction of a refinery on the site.
(2) Governor's objection.--No site may be used for a
refinery under this Act if, not later than 60 days after
designation of the site under subsection (a), the Governor of
the State in which the site is located transmits to the
Secretary an objection to the designation, unless, not later
than 60 days after the Secretary receives such objection, the
Congress has by law overridden the objection.
SEC. 3. PROCESS COORDINATION AND RULES OF PROCEDURE.
(a) Designation as Lead Agency.--
(1) In general.--The Department of Energy shall act as the
lead agency for the purposes of coordinating all applicable
Federal refinery authorizations and related environmental
reviews with respect to a designated refinery.
(2) Other agencies.--Each Federal and State agency or
official required to provide a Federal refinery authorization
shall cooperate with the Secretary and comply with the
deadlines established by the Secretary.
(b) Schedule.--
(1) Secretary's authority to set schedule.--The Secretary
shall establish a schedule for all Federal refinery
authorizations with respect to a designated refinery. In
establishing the schedule, the Secretary shall--
(A) ensure expeditious completion of all such
proceedings; and
(B) accommodate the applicable schedules
established by Federal law for such proceedings.
(2) Failure to meet schedule.--If a Federal or State
administrative agency or official does not complete a
proceeding for an approval that is required for a Federal
refinery authorization in accordance with the schedule
established by the Secretary under this subsection, the
applicant may pursue remedies under subsection (d).
(c) Consolidated Record.--The Secretary shall, with the cooperation
of Federal and State administrative agencies and officials, maintain a
complete consolidated record of all decisions made or actions taken by
the Secretary 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. Such
record shall be the record for judicial review under subsection (d) of
decisions made or actions taken by Federal and State administrative
agencies and officials, except that, if the Court determines that the
record does not contain sufficient information, the Court may remand
the proceeding to the Secretary for further development of the
consolidated record.
(d) Judicial Review.--
(1) In general.--The United States Court of Appeals for the
District of Columbia shall have original and exclusive
jurisdiction over any civil action for the review of--
(A) an order or action, related to a Federal
refinery authorization, by a Federal or State
administrative agency or official; and
(B) an alleged failure to act by a Federal or State
administrative agency or official acting pursuant to a
Federal refinery authorization.
The failure of an agency or official to act on a Federal
refinery authorization in accordance with the Secretary's
schedule established pursuant to subsection (b) shall be
considered inconsistent with Federal law for the purposes of
paragraph (2) of this subsection.
(2) Court action.--If the Court finds that an order or
action described in paragraph (1)(A) is inconsistent with the
Federal law governing such Federal refinery authorization, or
that a failure to act as described in paragraph (1)(B) has
occurred, and the order, action, or failure to act would
prevent the siting, construction, expansion, or operation of
the designated refinery, the Court shall remand the proceeding
to the agency or official to take appropriate action consistent
with the order of the Court. If the Court remands the order,
action, or failure to act to the Federal or State
administrative agency or official, the Court shall set a
reasonable schedule and deadline for the agency or official to
act on remand.
(3) Secretary's action.--For any civil action brought under
this subsection, the Secretary shall promptly file with the
Court the consolidated record compiled by the Secretary
pursuant to subsection (c).
(4) Expedited review.--The Court shall set any civil action
brought under this subsection for expedited consideration.
(5) Attorney's fees.--In any action challenging a Federal
refinery authorization that has been granted, reasonable
attorney's fees and other expenses of litigation shall be
awarded to the prevailing party. This paragraph shall not apply
to any action seeking remedies for denial of a Federal refinery
authorization or failure to act on an application for a Federal
refinery authorization.
SEC. 4. 5-YEAR EXTENSION OF ELECTION TO EXPENSE CERTAIN REFINERIES.
(a) In General.--Paragraph (1) of section 179C(c) of the Internal
Revenue Code of 1986 (defining qualified refinery property) is
amended--
(1) by striking ``January 1, 2012'' in subparagraph (B) and
inserting ``January 1, 2017'', and
(2) by striking ``January 1, 2008'' each place it appears
in subparagraph (F) and inserting ``January 1, 2013''.
(b) Implementation Through Secretarial Guidance.--
(1) Guidance.--Paragraph (1) of section 179C(b) of such
Code (relating to general rule for election) is amended by
inserting ``or other guidance'' after ``regulations''.
(2) Reporting.--Subsection (h) of section 179C of such Code
(relating to reporting) is amended by striking ``shall
require'' and inserting ``may, through guidance, require''.
(c) Effective Date.--The amendments made by this Act shall apply to
property placed in service after December 31, 2007.
(d) Requirement for Issuance of Guidance.--Not later than 90 days
after the date of the enactment of this Act, the Secretary of the
Treasury shall issue regulations or other guidance to carry out section
179C of the Internal Revenue Code of 1986 (as amended by this section).
<all>
Introduced in House
Introduced in House
Referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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