[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1395 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 1395

To amend the Clean Air Act to suspend the application of certain motor 
   vehicle fuel requirements in areas within the State of California 
during certain periods in order to reduce the retail cost of gasoline, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 13, 1999

Mr. Hunter (for himself and Mr. Calvert) introduced the following bill; 
            which was referred to the Committee on Commerce

_______________________________________________________________________

                                 A BILL


 
To amend the Clean Air Act to suspend the application of certain motor 
   vehicle fuel requirements in areas within the State of California 
during certain periods in order to reduce the retail cost of gasoline, 
                        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. FINDINGS.

    The Congress finds as follows:
            (1) The recent shutdown of primary petroleum refining 
        facilities in the State of California has cut refining 
        capabilities drastically.
            (2) The reduction in refinery capacity has a direct and 
        corresponding effect on gas prices in California, with gas 
        costs vastly exceeding the national average.
            (3) It is now necessary to seek alternative sources of 
        refined gasoline to alleviate this crisis.
            (4) The Federal and State and local governments have a 
        shared responsibility in reducing the increased fuel costs 
        associated with California.
            (5) California drivers cannot access inexpensive gasoline 
        from other States because of special refining requirements. 
        Working families in California need relief from the high costs 
        associated with these requirements.
            (6) The use of reformulated gas in California has 
        significantly improved air quality in the State. However, due 
        to the lack of refiners outside the State who can readily 
        produce reformulated gas, consumers are faced with an 
        unnecessary burden.

SEC. 2. AMENDMENT OF SECTION 211 OF CLEAN AIR ACT.

    (a) Suspension of Reformulated Gas and Oxygenated Fuel Requirements 
for California.--Section 211 of the Clean Air Act is amended by adding 
the following new subsection at the end thereof:
    ``(p) California High Fuel Cost Suspension.--
            ``(1) In general.--The provisions of subsection (k) of this 
        section (relating to reformulated gas) and subsection (m) of 
        this section (relating to oxygenated fuel), and any provisions 
        in effect under California law regarding reformulated gas or 
        oxygenated fuel, shall be suspended immediately following 
        publication of a determination by the Administrator that, 
        during the calendar month prior to such publication, the 
        Statewide average retail price of gasoline within California 
        has been more than 5 percent above the baseline average 
        gasoline price for California due to the costs of complying 
        with such provisions. Such suspension shall terminate 
        immediately upon publication of a determination by the 
        Administrator that, during the prior calendar month, the 
        Statewide average retail price of gasoline within the 
        California has been more than 5 percent below such baseline 
        average gasoline price.
            ``(2) Publication of prices and determination.--The 
        Administrator shall publish the following in the Federal 
        Register each month:
                    ``(A) A determination of the Statewide average 
                retail price of gasoline within California for the 
                calendar month prior to such publication.
                    ``(B) A determination of the Statewide average 
                retail price of gasoline within California during the 
                3-calendar year period preceding the calendar year in 
                which such month occurs.
        If the Administrator determines that, for any calendar month, 
        the Statewide average retail price of gasoline within 
        California is more than 5 percent above the baseline average 
        gasoline price for California, such publication shall include a 
        determination that the increase in the retail price of gasoline 
        in California is due to the costs of complying with the 
        provisions referred to in paragraph (1) unless the 
        Administrator and the Governor of California jointly agree (and 
        explain in such publication) that some or all of the increase 
        in such retail price is due to factors that are national or 
        international in scope and not unique to the State of 
        California.
            ``(3) Gasoline from foreign refineries prohibited.--During 
        any suspension under paragraph (1), no gasoline refined outside 
        the United States and imported into the United States may be 
        sold at retail in the State of California.
            ``(4) Definition.--For purposes of this subsection, the 
        term `baseline average gasoline price' means, for any calendar 
        month, a Statewide average price for gasoline sold at retail 
        that is 120 percent of the Statewide average retail price of 
        gasoline within California during the 3-calendar year period 
        preceding the calendar year in which such month occurs.''.
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