[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3923 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 3923

    To provide for streamlining the process of Federal approval for 
   construction or expansion of petroleum refineries, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 27, 2005

  Mr. Tiahrt introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
    To provide for streamlining the process of Federal approval for 
   construction or expansion of petroleum 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 ``Refinery Streamlined Permitting Act 
of 2005''.

SEC. 2. REVIEW PROCESS STREAMLINING.

    (a) Assistance to States.--The Secretary of Energy shall offer to 
States assistance to enable the States to assign responsibilities 
delegated to the States, under Federal laws relating to the 
construction or expansion of a petroleum refining facility, in a 
coordinated and expeditious manner.
    (b) Memorandum of Understanding.--All Federal agencies, and all 
State agencies to which responsibilities are delegated under Federal 
law, responsible for approving a permit or other Federal authorization 
for the construction or expansion of a petroleum refining facility 
shall enter into a memorandum of understanding with respect to that 
facility, or proposed facility, that clearly defines all actions 
required to be taken for Federal permit review and approval. The 
memorandum of understanding shall identify areas where Federal and 
State agencies can exercise discretion, and where multiple levels of 
review on permitting decisions can be coordinated, to enable a more 
expeditious review process.
    (c) Approval Deadline.--Notwithstanding any other provision of law, 
a Federal agency, and a State agency to which responsibilities are 
delegated under Federal law, shall take final action to approve or 
disapprove an application under Federal law for the construction or 
expansion of a petroleum refining facility not later than 1 year after 
receipt of a complete application for such approval.
    (d) Priority Projects.--A Federal agency, and a State agency to 
which responsibilities are delegated under Federal law, shall give high 
priority to expediting an application under Federal law for the 
construction or expansion of a petroleum refining facility that would--
            (1) allow for production of cleaner burning fuel;
            (2) result in increased refining capacity; or
            (3) result in a reduction in a refinery's pollution output.

SEC. 3. STATEMENT OF ENERGY EFFECTS.

    (a) Preparation.--
            (1) Requirement.--An agency shall prepare and submit a 
        Statement of Energy Effects to the Administrator of the Office 
        of Information and Regulatory Affairs, Office of Management and 
        Budget, for each proposed significant energy action.
            (2) Contents.--A Statement of Energy Effects shall consist 
        of a detailed statement by the agency responsible for the 
        significant energy action relating to--
                    (A) any adverse effects on energy supply, 
                distribution, or use (including a shortfall in supply, 
                price increases, and increased use of foreign supplies) 
                should the proposal be implemented; and
                    (B) reasonable alternatives to the action with 
                adverse energy effects, and the expected effects of 
                such alternatives on energy supply, distribution, and 
                use.
            (3) Guidance and consultation.--The Administrator of the 
        Office of Information and Regulatory Affairs shall provide 
        guidance to the agencies on the implementation of this section 
        and shall consult with other agencies as appropriate in the 
        implementation of this section.
    (b) Publication.--Agencies shall publish their Statements of Energy 
Effects, or a summary thereof, in each related Notice of Proposed 
Rulemaking and in any resulting Final Rule.
    (c) Definitions.--For purposes of this section--
            (1) the term ``agency'' has the meaning given that term in 
        section 3502(1) of title 44, United States Code, except that 
        the term does not include an independent regulatory agency, as 
        defined in paragraph (5) of that section; and
            (2) the term ``significant energy action'' means any action 
        by an agency that is expected to lead to promulgation of a 
        final rule or regulation and that--
                    (A) is likely to have a significant adverse effect 
                on the supply, distribution, or use of energy; or
                    (B) is designated by the Administrator of the 
                Office of Information and Regulatory Affairs as a 
                significant energy action.
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