[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3649 Introduced in Senate (IS)]








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.

    In this Act:
            (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--
                    (A) a State;
                    (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.
    (c) Consolidated Record.--
            (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.
            (2) Judicial record.--
                    (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.
    (d) Remedies.--
            (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.
            (3) Court action.--
                    (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.

    Nothing in this Act--
            (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.
                                 <all>