[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1503 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
                                S. 1503

                  To improve domestic fuels security.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 24, 2007

 Mr. Inhofe (for himself and Mr. Thune) introduced the following bill; 
 which was read twice and referred to the Committee on Environment and 
                              Public Works

_______________________________________________________________________

                                 A BILL


 
                  To improve domestic fuels security.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Gas Petroleum 
Refiner Improvement and Community Empowerment Act'' or ``Gas PRICE 
Act''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--COLLABORATIVE PERMITTING PROCESS FOR DOMESTIC FUELS FACILITIES

Sec. 101. Collaborative permitting process for domestic fuels 
                            facilities.
       TITLE II--ENVIRONMENTAL ANALYSIS OF FISCHER-TROPSCH FUELS

Sec. 201. Evaluation of Fischer-Tropsch diesel and jet fuel as an 
                            emission control strategy.
 TITLE III--DOMESTIC COAL-TO-LIQUID FUEL AND CELLULOSIC BIOMASS ETHANOL

Sec. 301. Economic development assistance to support commercial-scale 
                            cellulosic biomass ethanol projects and 
                            coal-to-liquids facilities on BRAC property 
                            and Indian land.
 TITLE IV--ALTERNATIVE HYDROCARBON AND RENEWABLE RESERVES DISCLOSURES 
                         CLASSIFICATION SYSTEM

Sec. 401. Alternative hydrocarbon and renewable reserves disclosures 
                            classification system.
                TITLE V--AUTHORIZATION OF APPROPRIATIONS

Sec. 501. Authorization of appropriations.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Coal-to-liquid.--The term ``coal-to-liquid'' means--
                    (A) with respect to a process or technology, the 
                use of a feedstock, the majority of which is derived 
                from the coal resources of the United States, using the 
                class of reactions known as Fischer-Tropsch, to produce 
                synthetic fuel suitable for transportation; and
                    (B) with respect to a facility, the portion of a 
                facility related to producing the inputs for the 
                Fischer-Tropsch process, or the finished fuel from the 
                Fischer-Tropsch process, using a feedstock that is 
                primarily domestic coal at the Fischer-Tropsch 
                facility.
            (3) Domestic fuels facility.--
                    (A) In general.--The term ``domestic fuels 
                facility'' means--
                            (i) a coal liquification or coal-to-liquid 
                        facility at which coal is processed into 
                        synthetic crude oil or any other transportation 
                        fuel;
                            (ii) a facility that produces a renewable 
                        fuel (as defined in section 211(o)(1) of the 
                        Clean Air Act (42 U.S.C. 7545(o)(1))); and
                            (iii) a facility at which crude oil is 
                        refined into transportation fuel or other 
                        petroleum products.
                    (B) Inclusion.--The term ``domestic fuels 
                facility'' includes a domestic fuels facility 
                expansion.
            (4) Domestic fuels facility expansion.--The term ``domestic 
        fuels facility expansion'' means a physical change in a 
        domestic fuels facility that results in an increase in the 
        capacity of the domestic fuels facility.
            (5) Domestic fuels facility permitting agreement.--The term 
        ``domestic fuels facility permitting agreement'' means an 
        agreement entered into between the Administrator and a State or 
        Indian tribe under subsection (b).
            (6) Domestic fuels producer.--The term ``domestic fuels 
        producer'' means an individual or entity that--
                    (A) owns or operates a domestic fuels facility; or
                    (B) seeks to become an owner or operator of a 
                domestic fuels facility.
            (7) Indian land.--The term ``Indian land'' has the meaning 
        given the term ``Indian lands'' in section 3 of the Native 
        American Business Development, Trade Promotion, and Tourism Act 
        of 2000 (25 U.S.C. 4302).
            (8) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b).
            (9) Permit.--The term ``permit'' means any permit, license, 
        approval, variance, or other form of authorization that a 
        refiner is required to obtain--
                    (A) under any Federal law; or
                    (B) from a State or Indian tribal government agency 
                delegated with authority by the Federal Government, or 
                authorized under Federal law to issue permits.
            (10) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.
            (11) 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.

TITLE I--COLLABORATIVE PERMITTING PROCESS FOR DOMESTIC FUELS FACILITIES

SEC. 101. COLLABORATIVE PERMITTING PROCESS FOR DOMESTIC FUELS 
              FACILITIES.

    (a) In General.--At the request of the Governor of a State or the 
governing body of an Indian tribe, the Administrator shall enter into a 
domestic fuels facility permitting agreement with the State or Indian 
tribe under which the process for obtaining all permits necessary for 
the construction and operation of a domestic fuels facility shall be 
improved using a systematic interdisciplinary multimedia approach as 
provided in this section.
    (b) Authority of Administrator.--Under a domestic fuels facility 
permitting agreement--
            (1) the Administrator shall have authority, as applicable 
        and necessary, to--
                    (A) accept from a refiner a consolidated 
                application for all permits that the domestic fuels 
                producer is required to obtain to construct and operate 
                a domestic fuels facility;
                    (B) establish a schedule under which each Federal, 
                State, or Indian tribal government agency that is 
                required to make any determination to authorize the 
                issuance of a permit shall--
                            (i) concurrently consider, to the maximum 
                        extent practicable, each determination to be 
                        made; and
                            (ii) complete each step in the permitting 
                        process; and
                    (C) issue a consolidated permit that combines all 
                permits that the domestic fuels producer is required to 
                obtain; and
            (2) the Administrator shall provide to State and Indian 
        tribal government agencies--
                    (A) financial assistance in such amounts as the 
                agencies reasonably require to hire such additional 
                personnel as are necessary to enable the government 
                agencies to comply with the applicable schedule 
                established under paragraph (1)(B); and
                    (B) technical, legal, and other assistance in 
                complying with the domestic fuels facility permitting 
                agreement.
    (c) Agreement by the State.--Under a domestic fuels facility 
permitting agreement, a State or governing body of an Indian tribe 
shall agree that--
            (1) the Administrator shall have each of the authorities 
        described in subsection (b); and
            (2) each State or Indian tribal government agency shall--
                    (A) make such structural and operational changes in 
                the agencies as are necessary to enable the agencies to 
                carry out consolidated project-wide permit reviews 
                concurrently and in coordination with the Environmental 
                Protection Agency and other Federal agencies; and
                    (B) comply, to the maximum extent practicable, with 
                the applicable schedule established under subsection 
                (b)(1)(B).
    (d) Interdisciplinary Approach.--
            (1) In general.--The Administrator and a State or governing 
        body of an Indian tribe shall incorporate an interdisciplinary 
        approach, to the maximum extent practicable, in the 
        development, review, and approval of domestic fuels facility 
        permits subject to this section.
            (2) Options.--Among other options, the interdisciplinary 
        approach may include use of--
                    (A) environmental management practices; and
                    (B) third party contractors.
    (e) Deadlines.--
            (1) New domestic fuels facilities.--In the case of a 
        consolidated permit for the construction of a new domestic 
        fuels facility, the Administrator and the State or governing 
        body of an Indian tribe shall approve or disapprove the 
        consolidated permit not later than--
                    (A) 360 days after the date of the receipt of the 
                administratively complete application for the 
                consolidated permit; or
                    (B) on agreement of the applicant, the 
                Administrator, and the State or governing body of the 
                Indian tribe, 90 days after the expiration of the 
                deadline established under subparagraph (A).
            (2) Expansion of existing domestic fuels facilities.--In 
        the case of a consolidated permit for the expansion of an 
        existing domestic fuels facility, the Administrator and the 
        State or governing body of an Indian tribe shall approve or 
        disapprove the consolidated permit not later than--
                    (A) 120 days after the date of the receipt of the 
                administratively complete application for the 
                consolidated permit; or
                    (B) on agreement of the applicant, the 
                Administrator, and the State or governing body of the 
                Indian tribe, 30 days after the expiration of the 
                deadline established under subparagraph (A).
    (f) Federal Agencies.--Each Federal agency that is required to make 
any determination to authorize the issuance of a permit shall comply 
with the applicable schedule established under subsection (b)(1)(B).
    (g) Judicial Review.--Any civil action for review of any 
determination of any Federal, State, or Indian tribal government agency 
in a permitting process conducted under a domestic fuels facility 
permitting agreement brought by any individual or entity shall be 
brought exclusively in the United States district court for the 
district in which the domestic fuels facility is located or proposed to 
be located.
    (h) Efficient Permit Review.--In order to reduce the duplication of 
procedures, the Administrator shall use State permitting and monitoring 
procedures to satisfy substantially equivalent Federal requirements 
under this section.
    (i) Severability.--If 1 or more permits that are required for the 
construction or operation of a domestic fuels facility are not approved 
on or before any deadline established under subsection (e), the 
Administrator may issue a consolidated permit that combines all other 
permits that the domestic fuels producer is required to obtain other 
than any permits that are not approved.
    (j) Savings.--Nothing in this section affects the operation or 
implementation of otherwise applicable law regarding permits necessary 
for the construction and operation of a domestic fuels facility.
    (k) Consultation With Local Governments.--Congress encourages the 
Administrator, States, and tribal governments to consult, to the 
maximum extent practicable, with local governments in carrying out this 
section.
    (l) Effect on Local Authority.--Nothing in this section affects--
            (1) the authority of a local government with respect to the 
        issuance of permits; or
            (2) any requirement or ordinance of a local government 
        (such as zoning regulations).

       TITLE II--ENVIRONMENTAL ANALYSIS OF FISCHER-TROPSCH FUELS

SEC. 201. EVALUATION OF FISCHER-TROPSCH DIESEL AND JET FUEL AS AN 
              EMISSION CONTROL STRATEGY.

    (a) In General.--In cooperation with the Secretary of Energy, the 
Secretary of Defense, the Administrator of the Federal Aviation 
Administration, Secretary of Health and Human Services, and Fischer-
Tropsch industry representatives, the Administrator shall--
            (1) conduct a research and demonstration program to 
        evaluate the air quality benefits of ultra-clean Fischer-
        Tropsch transportation fuel, including diesel and jet fuel;
            (2) evaluate the use of ultra-clean Fischer-Tropsch 
        transportation fuel as a mechanism for reducing engine exhaust 
        emissions; and
            (3) submit recommendations to Congress on the most 
        effective use and associated benefits of these ultra-clean 
        fuels for reducing public exposure to exhaust emissions.
    (b) Guidance and Technical Support.--The Administrator shall, to 
the extent necessary, issue any guidance or technical support documents 
that would facilitate the effective use and associated benefit of 
Fischer-Tropsch fuel and blends.
    (c) Requirements.--The program described in subsection (a) shall 
consider--
            (1) the use of neat (100 percent) Fischer-Tropsch fuel and 
        blends with conventional crude oil-derived fuel for heavy-duty 
        and light-duty diesel engines and the aviation sector; and
            (2) the production costs associated with domestic 
        production of those ultra clean fuel and prices for consumers.
    (d) Reports.--The Administrator shall submit to the Committee on 
Environment and Public Works of the Senate and the Committee on Energy 
and Commerce of the House of Representatives--
            (1) not later than 180 days after the date of enactment of 
        this Act, an interim report on actions taken to carry out this 
        section; and
            (2) not later than 1 year after the date of enactment of 
        this Act, a final report on actions taken to carry out this 
        section.

 TITLE III--DOMESTIC COAL-TO-LIQUID FUEL AND CELLULOSIC BIOMASS ETHANOL

SEC. 301. ECONOMIC DEVELOPMENT ASSISTANCE TO SUPPORT COMMERCIAL-SCALE 
              CELLULOSIC BIOMASS ETHANOL PROJECTS AND COAL-TO-LIQUIDS 
              FACILITIES ON BRAC PROPERTY AND INDIAN LAND.

    (a) Priority.--Notwithstanding section 206 of the Public Works and 
Economic Development Act of 1965 (42 U.S.C. 3146), in awarding funds 
made available to carry out section 209(c)(1) of that Act (42 U.S.C. 
3149(c)(1)) pursuant to section 702 of that Act (42 U.S.C. 3232), the 
Secretary and the Economic Development Administration shall give 
priority to projects to support commercial-scale cellulosic biomass 
ethanol projects and coal-to-liquids facilities.
    (b) Federal Share.--Except as provided in subsection (c)(3)(B) and 
notwithstanding the Public Works and Economic Development Act of 1965 
(42 U.S.C. 3121 et seq.), the Federal share of a project to support a 
commercial-scale biomass ethanol facility or coal-to-liquid facility 
shall be--
            (1) 80 percent of the project cost; or
            (2) for a project carried out on Indian land, 100 percent 
        of the project cost.
    (c) Additional Award.--
            (1) In general.--The Secretary shall make an additional 
        award in connection with a grant made to a recipient (including 
        any Indian tribe for use on Indian land) for a project to 
        support a commercial-scale biomass ethanol facility or coal-to-
        liquid facility.
            (2) Amount.--The amount of an additional award shall be 10 
        percent of the amount of the grant for the project.
            (3) Use.--An additional award under this subsection shall 
        be used--
                    (A) to carry out any eligible purpose under the 
                Public Works and Economic Development Act of 1965 (42 
                U.S.C. 3121 et seq.);
                    (B) notwithstanding section 204 of that Act (42 
                U.S.C. 3144), to pay up to 100 percent of the cost of 
                an eligible project or activity under that Act; or
                    (C) to meet the non-Federal share requirements of 
                that Act or any other Act.
            (4) Non-federal source.--For the purpose of paragraph 
        (3)(C), an additional award shall be treated as funds from a 
        non-Federal source.
            (5) Funding.--The Secretary shall use to carry out this 
        subsection any amounts made available--
                    (A) for economic development assistance programs; 
                or
                    (B) under section 702 of the Public Works and 
                Economic Development Act of 1965 (42 U.S.C. 3232).

 TITLE IV--ALTERNATIVE HYDROCARBON AND RENEWABLE RESERVES DISCLOSURES 
                         CLASSIFICATION SYSTEM

SEC. 401. ALTERNATIVE HYDROCARBON AND RENEWABLE RESERVES DISCLOSURES 
              CLASSIFICATION SYSTEM.

    (a) In General.--The Securities and Exchange Commission shall 
appoint a task force composed of government and private sector 
representatives, including experts in the field of dedicated energy 
crop feedstocks for cellulosic biofuels production, to analyze, and 
submit to Congress a report (including recommendations) on--
            (1) modernization of the hydrocarbon reserves disclosures 
        classification system of the Commission to reflect advances in 
        reserves recovery from nontraditional sources (such as deep 
        water, oil shale, tar sands, and renewable reserves for 
        cellulosic biofuels feedstocks); and
            (2) the creation of a renewable reserves classification 
        system for cellulosic biofuels feedstocks.
    (b) Deadline for Report.--The Commission shall submit the report 
required under subsection (a) not later than 180 days after the date of 
enactment of this Act.

                TITLE V--AUTHORIZATION OF APPROPRIATIONS

SEC. 501. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary 
to carry out this Act and the amendments made by this Act.
                                 <all>