II 109th CONGRESS 2d Session S. 2613 IN THE SENATE OF THE UNITED STATES April 7, 2006 Mr. Thune (for himself and Mr. Obama) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To amend the Solid Waste Disposal Act to establish a program to provide reimbursement for the installation of alternative energy refueling systems.

1.

Short title

This Act may be cited as the Alternative Energy Refueling System Act.

2.

Alternative energy refueling systems

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 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. (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. .