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.
(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--
(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.
(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.
(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.
(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.
(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.
(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.
END
