II 110th CONGRESS 1st Session S. 1631 IN THE SENATE OF THE UNITED STATES June 14, 2007 Mr. Kerry (for himself and Ms. Cantwell) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To establish an emergency fuel assistance grant program for small businesses during energy emergencies.

1.

Short title

This Act may be cited as the Small Business Emergency Fuel Assistance Act of 2007.

2.

Emergency fuel assistance program

There is established within the Economic Development Administration of the Department of Commerce, an emergency assistance program for small businesses and small farms dependent on fuel.

3.

Presidential declaration of energy emergency

(a)

In general

If the President determines that the health, safety, welfare, or economic well-being of the citizens of the United States is at risk because of a shortage or imminent shortage of adequate supplies of crude oil, gasoline or petroleum distillates due to a disruption in the national distribution system for crude oil, gasoline or petroleum distillates (including such a shortage related to a major disaster (as defined in section 102(2) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122(2)))), or significant pricing anomalies in national energy markets for crude oil, gasoline, or petroleum distillates, the President may declare that a Federal energy emergency exists. (b)

Scope and duration

The emergency declaration declared pursuant to subsection (a) shall specify— (1)the period, not to exceed 30 days, for which the declaration applies; (2)the circumstance or condition necessitating the declaration; (3)the area or region to which it applies which may not be limited to a single State; and (4)the product or products to which it applies. (c)

Extensions

The President may— (1)extend a declaration under subsection (a) for a period of not more than 30 days; (2)extend such a declaration more than once; and (3)discontinue such a declaration before its expiration.

4.

Authorization of grants

(a)

In general

During any energy emergency declared by the President under section 3, the Secretary of Commerce is authorized to award grants to States under a declaration of fuel supply interruption in accordance with this Act. (b)

Allocation formula

Subject to subsection (c), the Secretary shall award grants to States, in accordance with an allocation formula established by the Secretary, that is based on the pro rata share of each State of the total need among all States, as applicable, for emergency assistance for fuel interruption, as determined on the basis of— (1)the number and percentage of qualifying small businesses and small farms operating within a State; (2)the increase in price of fuel in a State; and (3)such other factors as the Secretary determines to be appropriate. (c)

State allocation plan

Each State shall establish, after giving notice to the public, an opportunity for public comment, and consideration of public comments received, an allocation plan for the distribution of financial assistance under this section, which shall be submitted to the Secretary and shall be made available to the public by the State, and shall include— (1)application requirements for qualifying small businesses and small farms seeking to receive financial assistance under this section, including a requirement that each application include— (A)demonstration of need for assistance under this section; (B)a plan to decrease the total commercial energy usage of the small business through energy efficiency measures, such as those promoted through the Energy Star Program; and (C)if a small business or small farm has previously received assistance under this section, evidence that the small business or small farm has implemented the plan previously documented under subparagraph (B); and (2)factors for selecting among small businesses and small farms that meet the application requirements, with preference given to small businesses and small farms based on the percentage of operating costs expended on fuel.

5.

Eligibility

A small business or small farm is eligible for a grant under this Act if— (a)the average gross receipts of the small business or small farm for the 3 preceding taxable years does not exceed $5,000,000; or (b)the small business or small farm employed an average of more than 1 and fewer than 50 qualified employees on business days during the preceding taxable year.

6.

Defined term

In this Act, the term aggregate gross assets has the meaning given such term in section 1202(d)(2) of the Internal Revenue Code of 1986.

7.

Authorization of appropriations

There are authorized to be appropriated to the Department of Commerce $100,000,000 for each of the fiscal years 2008 through 2012 to carry out this Act.