II 109th CONGRESS 2d Session S. 3649 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.
1.
Short title
This Act may be cited as the Bolster Our Energy Security for Tomorrow Act.
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.
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.
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.
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.
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.
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.