[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5346 Introduced in House (IH)]








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;
                                    ``(II) E-85 ethanol;
                                    ``(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.
                            ``(iv) Limitations.--
                                    ``(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''.
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