109th CONGRESS
2d Session
H. R. 5346
To amend the Solid Waste Disposal Act to establish a program to
provide reimbursement for the installation of alternative energy refueling
systems.
IN THE HOUSE OF REPRESENTATIVES
May 10, 2006
Mr. MORAN of Kansas (for himself, Mr. UDALL of Colorado, and Mr. FORTENBERRY)
introduced the following bill; which was referred to the Committee on Energy
and Commerce
A BILL
To amend the Solid Waste Disposal Act to establish a program to
provide reimbursement for the installation of alternative energy refueling
systems.
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 `Alternative Energy Refueling System Act of
2006'.
SEC. 2. ALTERNATIVE ENERGY REFUELING SYSTEMS.
(a) In General- Section 9003(h) of the Solid Waste Disposal Act (42 U.S.C.
6991b(h)) is amended by adding at the end the following:
`(13) ALTERNATIVE ENERGY REFUELING SYSTEMS-
`(A) DEFINITIONS- In this paragraph:
`(i) ALTERNATIVE ENERGY REFUELING SYSTEM- The term `alternative energy
refueling system' means a system composed of 1 or more underground
storage tanks, pumps, and pump fittings or other related infrastructure
that is used to refuel motor vehicles with--
`(I) compressed natural gas;
`(III) a fuel described in section 30C(c)(1) of the Internal Revenue
Code of 1986; or
`(IV) any other alternative fuel, as determined by the Administrator.
`(ii) ELIGIBLE ENTITY- The term `eligible entity' means a refueling
vendor or other person that is an owner or operator of a service station
or other facility at which an alternative energy refueling system
is located or proposed to be located.
`(B) REIMBURSEMENT PROGRAM-
`(i) ESTABLISHMENT- The Administrator shall establish a program to
provide to eligible entities, for each of the fiscal years 2007 through
2011, reimbursement from the Trust Fund of a portion of the costs
of purchasing and installing 1 or more alternative energy refueling
systems, including any alternative energy refueling system intended
to replace a petroleum refueling tank or system.
`(ii) APPLICATION- An eligible entity that seeks to receive reimbursement
described in clause (i) shall submit to the Administrator an application
by such time, in such form, and containing such information as the
Administrator shall prescribe.
`(iii) TIMING OF REIMBURSEMENT- Not later than 30 days after the date
on which the Administrator, in consultation with the appropriate State
agency, verifies that an alternative energy refueling system for which
reimbursement is requested by an eligible entity under this paragraph
has been installed and is operational, the Administrator shall provide
the reimbursement to the eligible entity.
`(I) PROHIBITION ON RECEIPT OF DUAL BENEFITS- An eligible entity
that receives a tax credit under section 30C of the Internal Revenue
Code of 1986 for placing in service a qualified alternative fuel
vehicle refueling property (as defined in that section) may not
receive any reimbursement under this paragraph for an alternative
energy refueling system on the property if the cost of the alternative
energy refueling system was taken into consideration in calculating
the tax credit.
`(II) NUMBER OF SYSTEMS- An eligible entity may not receive reimbursement
under this paragraph for more than 2 alternative energy refueling
systems for each facility owned or operated by the eligible entity.
`(III) AMOUNT- The amount of reimbursement provided for an alternative
energy refueling system under this paragraph shall not exceed the
lesser of--
`(aa) the amount that is 30 percent of the cost of the alternative
energy refueling system; or
`(bb) $30,000.
`(IV) AGGREGATE AMOUNT FROM TRUST FUND- The Administrator shall
use to provide reimbursements under this paragraph an aggregate
amount from the Trust Fund for a fiscal year that does not exceed
the lesser of--
`(aa) $70,000,000; or
`(bb) the amount of interest generated on amounts in the Trust
Fund for the fiscal year.
`(V) FURTHER APPROPRIATION- Reimbursement authorized under this
paragraph shall be provided by the Administrator without further
appropriation.
`(C) NO EFFECT ON OTHER TRUST FUND PROJECTS, ACTIVITIES, OR RESPONSIBILITIES-
`(i) OTHER TRUST FUND PROJECTS AND ACTIVITIES- In carrying out this
paragraph, the Administrator shall not use funds from the Trust Fund
that are obligated for, or otherwise required to carry out, other
projects and activities under this subsection.
`(ii) RESPONSIBILITIES- Nothing in this paragraph affects any obligation
of an owner or operator to comply with other provisions of this subtitle.'.
(b) Conforming Amendment- Section 9508(c) of the Internal Revenue Code of
1986 is amended by striking `as in effect on' and all that follows through
the end of the subsection and inserting `as amended by the Superfund Amendments
and Reauthorization Act of 1986 and the Alternative Energy Refueling System
Act of 2006'.
END
