(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)
Refinery Permit Process Schedule Act - Authorizes the Administrator of the Environmental Protection Agency (EPA), upon the request of a state governor, to provide financial assistance to hire additional personnel to assist the state with expertise in fields relevant to consideration of federal refinery authorizations.
Requires a federal agency responsible for refinery authorization to provide, upon the request of a state governor, technical, legal, or other nonfinancial assistance to facilitate state consideration of such authorizations.
Directs the President to appoint a federal coordinator to facilitate such authorizations.
Requires the coordinator, upon the request of an applicant seeking a federal refinery authorization, to establish a memorandum of agreement, executed by relevant federal and state agencies, setting forth the most expeditious coordinated schedule possible for completion of all such authorizations.
Grants the U.S. District Court for the district in which the proposed refinery is located 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. Requires expedited review of the civil action.
Instructs the President to designate at least three closed military installations 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 refinery to refine biomass in order to produce biofuel.
Requires the redevelopment authority, in preparing or revising the redevelopment plan for each such installation, to consider the feasibility and practicability of siting a refinery on it.
Amends the Energy Policy Act of 2005 to repeal its requirements for refinery revitalization.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5254 Introduced in House (IH)]
109th CONGRESS
2d Session
H. R. 5254
To set schedules for the consideration of permits for refineries.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 2, 2006
Mr. Bass (for himself, Mr. Barton of Texas, Mr. Kirk, Mrs. Bono, Mr.
Shimkus, Mr. Deal of Georgia, Mr. Hall, Mr. Pitts, Mr. Norwood, Mr.
Sullivan, Mr. Burgess, Mr. Chabot, Mr. Buyer, Mr. Chocola, Mr.
Pickering, Mrs. Cubin, Mr. Upton, Mr. Johnson of Illinois, Mr. Gerlach,
and Mr. Porter) introduced the following bill; which was referred to
the Committee on Energy and Commerce, and in addition to the Committee
on Armed Services, 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 set schedules for the consideration of permits for refineries.
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 ``Refinery Permit Process Schedule
Act''.
SEC. 2. DEFINITIONS.
For purposes of this Act--
(1) the term ``Administrator'' means the Administrator of
the Environmental Protection Agency;
(2) the term ``applicant'' means a person who is seeking a
Federal refinery authorization;
(3) the term ``biomass'' has the meaning given that term in
section 932(a)(1) of the Energy Policy Act of 2005;
(4) 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, licenses, special use
authorizations, certifications, opinions, or other
approvals required under Federal law with respect to
siting, construction, expansion, or operation of a
refinery;
(5) 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 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; 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. 3. STATE ASSISTANCE.
(a) State Assistance.--At the request of a governor of a State, the
Administrator is authorized to provide financial assistance to that
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 governor of a State, a
Federal agency responsible for a Federal refinery authorization shall
provide technical, legal, or other nonfinancial assistance to that
State to facilitate its consideration 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 and State agency or
official required to provide a Federal refinery authorization
shall cooperate with the Federal coordinator.
(b) Federal Refinery Authorizations.--
(1) Meeting participants.--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. The governor of a State shall
identify each agency of that State that is responsible for a
Federal refinery authorization with respect to that refinery.
(2) Memorandum of agreement.--(A) 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 establish a memorandum of
agreement setting forth the most expeditious coordinated
schedule possible for completion of all Federal refinery
authorizations with respect to the refinery, consistent with
the full substantive and procedural review required by Federal
law. If a Federal or State agency responsible for a Federal
refinery authorization with respect to the refinery is not
represented at such meeting, the Federal coordinator shall
ensure that the schedule accommodates those Federal refinery
authorizations, consistent with Federal law. In the event of
conflict among Federal refinery authorization scheduling
requirements, the requirements of the Environmental Protection
Agency shall be given priority.
(B) Not later than 15 days after completing the memorandum
of agreement, the Federal coordinator shall publish the
memorandum of agreement in the Federal Register.
(C) The Federal coordinator shall ensure that all parties
to the memorandum of agreement are working in good faith to
carry out the memorandum of agreement, and shall facilitate the
maintenance of the schedule established therein.
(c) Consolidated Record.--The Federal coordinator 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 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. 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 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 proposed refinery is 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 such failure to act would
jeopardize timely completion of the entire schedule as
established in the memorandum of agreement, such applicant or
other party may bring a cause of action under this subsection.
(3) Court action.--If an action is brought under paragraph
(2), the Court shall review whether the parties to the
memorandum of agreement have been acting in good faith, whether
the applicant has been cooperating fully with the agencies that
are responsible for issuing a Federal refinery authorization,
and any other relevant materials in the consolidated record.
Taking into consideration those factors, if the Court finds
that a failure to act described in paragraph (1) has occurred,
and that such 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 possible for completion
of preceedings, consistent with the full substantive and
procedural review required by Federal law. The court may issue
orders to enforce any schedule it establishes under this
paragraph.
(4) Federal coordinator's action.--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.
SEC. 5. DESIGNATION OF CLOSED MILITARY BASES.
(a) Designation Requirement.--Not later than 90 days after the date
of enactment of this Act, the President shall designate no less than 3
closed military installations, or portions thereof, as potentially
suitable for the construction of a refinery. At least 1 such site shall
be designated as potentially suitable for construction of a refinery to
refine biomass in order to produce biofuel.
(b) Redevelopment Authority.--The redevelopment authority for each
installation designated under subsection (a), in preparing or revising
the redevelopment plan for the installation, shall consider the
feasibility and practicability of siting a refinery on the
installation.
(c) Management and Disposal of Real Property.--The Secretary of
Defense, in managing and disposing of real property at an installation
designated under subsection (a) pursuant to the base closure law
applicable to the installation, shall give substantial deference to the
recommendations of the redevelopment authority, as contained in the
redevelopment plan for the installation, regarding the siting of a
refinery on the installation. The management and disposal of real
property at a closed military installation or portion thereof 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 installation.
(d) Definitions.--For purposes of this section--
(1) the term ``base closure law'' means the Defense Base
Closure and Realignment Act of 1990 (part A of title XXIX of
Public Law 101-510; 10 U.S.C. 2687 note) and title II of the
Defense Authorization Amendments and Base Closure and
Realignment Act (Public Law 100-526; 10 U.S.C. 2687 note); and
(2) the term ``closed military installation'' means a
military installation closed or approved for closure pursuant
to a base closure law.
SEC. 6. SAVINGS CLAUSE.
Nothing in this Act shall be construed to affect the application of
any environmental or other law, or to prevent any party from bringing a
cause of action under any environmental or other law, including citizen
suits.
SEC. 7. REFINERY REVITALIZATION REPEAL.
Subtitle H of title III of the Energy Policy Act of 2005 and the
items relating thereto in the table of contents of such Act are
repealed.
<all>
At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
Considered as unfinished business. (consideration: CR H2031-2032)
Failed of passage/not agreed to in House: On motion to suspend the rules and pass the bill Failed by the Yeas and Nays: (2/3 required): 237 - 188 (Roll no. 116).
Roll Call #116 (House)On motion to suspend the rules and pass the bill Failed by the Yeas and Nays: (2/3 required): 237 - 188 (Roll no. 116).
Roll Call #116 (House)Motion to reconsider laid on the table Agreed to without objection.
Rules Committee Resolution H. Res. 842 Reported to House. Rule provides for consideration of H.R. 5254 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit. Measure will be considered read. Bill is closed to amendments.
Referred to the Subcommittee on Readiness.
Rule H. Res. 842 passed House.
Considered under the provisions of rule H. Res. 842. (consideration: CR H3467-3479)
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Rule provides for consideration of H.R. 5254 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit. Measure will be considered read. Bill is closed to amendments.
DEBATE - The House proceeded with one hour of debate on H.R. 5254.
The previous question was ordered pursuant to the rule. (consideration: CR H3478)
Mr. Boucher moved to recommit with instructions to Energy and Commerce.
DEBATE - The House proceeded with 10 minutes of debate on the Boucher motion to recommit with instructions. The motion seeks to strike all after the enacting clause and insert a section titled "Strategic Refinery Reserve", and a section titled "Refinery Closing Reports."
On motion to recommit with instructions Failed by recorded vote: 195 - 223 (Roll no. 231). (consideration: CR H3476-3478; text: CR H3477)
Roll Call #231 (House)Passed/agreed to in House: On passage Passed by recorded vote: 238 - 179 (Roll no. 232).(text: CR H3467-3468)
Roll Call #232 (House)Motion to reconsider laid on the table Agreed to without objection.
On passage Passed by recorded vote: 238 - 179 (Roll no. 232). (text: CR H3467-3468)
Roll Call #232 (House)Received in the Senate and Read twice and referred to the Committee on Energy and Natural Resources.
Committee on Energy and Natural Resources. Hearings held.