[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3879 Introduced in House (IH)]

112th CONGRESS
  2d Session
                                H. R. 3879

    To provide for streamlining the process of Federal approval for 
   construction or expansion of petroleum refineries, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 1, 2012

Mr. Sensenbrenner introduced the following bill; which was referred to 
the Committee on Energy and Commerce, and in addition to the Committee 
 on Armed Services, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
    To provide for streamlining the process of Federal approval for 
   construction or expansion of petroleum refineries, and for other 
                               purposes.

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

                TITLE I--REFINERY STREAMLINED PERMITTING

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Refinery Streamlined Permitting 
Act of 2012''.

SEC. 102. REVIEW PROCESS STREAMLINING.

    (a) Assistance to States.--The Secretary of Energy shall offer to 
States assistance to enable the States to assign responsibilities 
delegated to the States, under Federal laws relating to the 
construction or expansion of a petroleum refining facility, in a 
coordinated and expeditious manner.
    (b) Memorandum of Understanding.--All Federal agencies, and all 
State agencies to which responsibilities are delegated under Federal 
law, responsible for approving a permit or other Federal authorization 
for the construction or expansion of a petroleum refining facility 
shall enter into a memorandum of understanding with respect to that 
facility, or proposed facility, that clearly defines all actions 
required to be taken for Federal permit review and approval. The 
memorandum of understanding shall identify areas where Federal and 
State agencies can exercise discretion, and where multiple levels of 
review on permitting decisions can be coordinated, to enable a more 
expeditious review process.
    (c) Approval Deadline.--Notwithstanding any other provision of law, 
a Federal agency, and a State agency to which responsibilities are 
delegated under Federal law, shall take final action to approve or 
disapprove an application under Federal law for the construction or 
expansion of a petroleum refining facility not later than 1 year after 
receipt of a complete application for such approval.
    (d) Priority Projects.--A Federal agency, and a State agency to 
which responsibilities are delegated under Federal law, shall give high 
priority to expediting an application under Federal law for the 
construction or expansion of a petroleum refining facility that would--
            (1) allow for production of cleaner burning fuel;
            (2) result in increased refining capacity; or
            (3) result in a reduction in a refinery's pollution output.

SEC. 103. STATEMENT OF ENERGY EFFECTS.

    (a) Preparation.--
            (1) Requirement.--An agency shall prepare and submit a 
        Statement of Energy Effects to the Administrator of the Office 
        of Information and Regulatory Affairs, Office of Management and 
        Budget, for each proposed significant energy action.
            (2) Contents.--A Statement of Energy Effects shall consist 
        of a detailed statement by the agency responsible for the 
        significant energy action relating to--
                    (A) any adverse effects on energy supply, 
                distribution, or use (including a shortfall in supply, 
                price increases, and increased use of foreign supplies) 
                should the proposal be implemented; and
                    (B) reasonable alternatives to the action with 
                adverse energy effects, and the expected effects of 
                such alternatives on energy supply, distribution, and 
                use.
            (3) Guidance and consultation.--The Administrator of the 
        Office of Information and Regulatory Affairs shall provide 
        guidance to the agencies on the implementation of this section 
        and shall consult with other agencies as appropriate in the 
        implementation of this section.
    (b) Publication.--Agencies shall publish their Statements of Energy 
Effects, or a summary thereof, in each related Notice of Proposed 
Rulemaking and in any resulting Final Rule.
    (c) Definitions.--For purposes of this section--
            (1) the term ``agency'' has the meaning given that term in 
        section 3502(1) of title 44, United States Code, except that 
        the term does not include an independent regulatory agency, as 
        defined in paragraph (5) of that section; and
            (2) the term ``significant energy action'' means any action 
        by an agency that is expected to lead to promulgation of a 
        final rule or regulation and that--
                    (A) is likely to have a significant adverse effect 
                on the supply, distribution, or use of energy; or
                    (B) is designated by the Administrator of the 
                Office of Information and Regulatory Affairs as a 
                significant energy action.

      TITLE II--REFINING CAPACITY ON CLOSED MILITARY INSTALLATIONS

SEC. 201. DEFINITIONS.

    For purposes of this title--
            (1) the term ``base closure law'' means the Defense Base 
        Closure and Realignment Act of 1990 (part A of title XXIX of 
        Public Law 101-510; 10 U.S.C. 2687 note) and title II of the 
        Defense Authorization Amendments and Base Closure and 
        Realignment Act (Public Law 100-526; 10 U.S.C. 2687 note);
            (2) the term ``closed military installation'' means a 
        military installation closed or approved for closure pursuant 
        to a base closure law;
            (3) the term ``designated refinery'' means a refinery 
        designated under section 202(a);
            (4) the term ``Federal refinery authorization''--
                    (A) 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; and
                    (B) includes any permits, special use 
                authorizations, certifications, opinions, or other 
                approvals required under Federal law with respect to 
                siting, construction, expansion, or operation of a 
                refinery;
            (5) 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, and any combination thereof, 
                in order to produce gasoline or other fuel; or
                    (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, diesel, or 
                other liquid fuel as its primary output;
            (6) the term ``Secretary'' means the Secretary of Energy; 
        and
            (7) the term ``State'' means a State, the District of 
        Columbia, the Commonwealth of Puerto Rico, and any other 
        territory or possession of the United States.

SEC. 202. STATE PARTICIPATION AND PRESIDENTIAL DESIGNATION.

    (a) Designation Requirement.--Not later than 90 days after the date 
of enactment of this Act, the President shall designate no less than 3 
closed military installations, or portions thereof, subject to 
subsection (c)(2), that are appropriate for the purposes of siting a 
refinery.
    (b) Analysis of Refinery Sites.--In considering any site for 
possible designation under subsection (a), the President shall conduct 
an analysis of--
            (1) the availability of crude oil supplies to the site, 
        including supplies from domestic production of shale oil and 
        tar sands and other strategic unconventional fuels;
            (2) the distribution of the Nation's refined petroleum 
        product demand;
            (3) whether such site is in close proximity to substantial 
        pipeline infrastructure, including both crude oil and refined 
        petroleum product pipelines, and potential infrastructure 
        feasibility;
            (4) the need to diversify the geographical location of the 
        domestic refining capacity;
            (5) the effect that increased refined petroleum products 
        from a refinery on that site may have on the price and supply 
        of gasoline to consumers;
            (6) the impact of locating a refinery on the site on the 
        readiness and operations of the Armed Forces; and
            (7) such other factors as the President considers 
        appropriate.
    (c) Sale or Disposal.--
            (1) Designation.--Except as provided in paragraph (2), 
        until the expiration of 2 years after the date of enactment of 
        this Act, the Federal Government shall not sell or otherwise 
        dispose of the military installations designated pursuant to 
        subsection (a).
            (2) Governor's objection.--No site may be used for a 
        refinery under this title if, not later than 60 days after 
        designation of the site under subsection (a), the Governor of 
        the State in which the site is located transmits to the 
        President an objection to the designation, unless, not later 
        than 60 days after the President receives such objection, the 
        Congress has by law overridden the objection.
    (d) Redevelopment Authority.--With respect to a closed military 
installation, or portion thereof, designated by the President as a 
potentially suitable refinery site pursuant to subsection (a)--
            (1) the redevelopment authority for the installation, in 
        preparing or revising the redevelopment plan for the 
        installation, shall consider the feasibility and practicability 
        of siting a refinery on the installation; and
            (2) the Secretary of Defense, in managing and disposing of 
        real property at the installation pursuant to the base closure 
        law applicable to the installation, shall give substantial 
        deference to the recommendations of the redevelopment 
        authority, as contained in the redevelopment plan for the 
        installation, regarding the siting of a refinery on the 
        installation.

SEC. 203. PROCESS COORDINATION AND RULES OF PROCEDURE.

    (a) Designation as Lead Agency.--
            (1) In general.--The Department of Energy shall act as the 
        lead agency for the purposes of coordinating all applicable 
        Federal refinery authorizations and related environmental 
        reviews with respect to a designated refinery.
            (2) Other agencies.--Each Federal and State agency or 
        official required to provide a Federal refinery authorization 
        shall cooperate with the Secretary and comply with the 
        deadlines established by the Secretary.
    (b) Schedule.--
            (1) Secretary's authority to set schedule.--The Secretary 
        shall establish a schedule for all Federal refinery 
        authorizations with respect to a designated refinery. In 
        establishing the schedule, the Secretary shall--
                    (A) ensure expeditious completion of all such 
                proceedings; and
                    (B) accommodate the applicable schedules 
                established by Federal law for such proceedings.
            (2) Failure to meet schedule.--If a Federal or State 
        administrative agency or official does not complete a 
        proceeding for an approval that is required for a Federal 
        refinery authorization in accordance with the schedule 
        established by the Secretary under this subsection, the 
        applicant may pursue remedies under subsection (d).
    (c) Consolidated Record.--The Secretary shall, with the cooperation 
of Federal and State administrative agencies and officials, maintain a 
complete consolidated record of all decisions made or actions taken by 
the Secretary 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. Such 
record shall be the record for judicial review under subsection (d) of 
decisions made or actions taken by Federal and State administrative 
agencies and officials, except that, if the Court determines that the 
record does not contain sufficient information, the Court may remand 
the proceeding to the Secretary for further development of the 
consolidated record.
    (d) Judicial Review.--
            (1) In general.--The United States Court of Appeals for the 
        District of Columbia shall have original and exclusive 
        jurisdiction over any civil action for the review of--
                    (A) an order or action, related to a Federal 
                refinery authorization, by a Federal or State 
                administrative agency or official; and
                    (B) an alleged failure to act by a Federal or State 
                administrative agency or official acting pursuant to a 
                Federal refinery authorization.
        The failure of an agency or official to act on a Federal 
        refinery authorization in accordance with the Secretary's 
        schedule established pursuant to subsection (b) shall be 
        considered inconsistent with Federal law for the purposes of 
        paragraph (2) of this subsection.
            (2) Court action.--If the Court finds that an order or 
        action described in paragraph (1)(A) is inconsistent with the 
        Federal law governing such Federal refinery authorization, or 
        that a failure to act as described in paragraph (1)(B) has 
        occurred, and the order, action, or failure to act would 
        prevent the siting, construction, expansion, or operation of 
        the designated refinery, the Court shall remand the proceeding 
        to the agency or official to take appropriate action consistent 
        with the order of the Court. If the Court remands the order, 
        action, or failure to act to the Federal or State 
        administrative agency or official, the Court shall set a 
        reasonable schedule and deadline for the agency or official to 
        act on remand.
            (3) Secretary's action.--For any civil action brought under 
        this subsection, the Secretary shall promptly file with the 
        Court the consolidated record compiled by the Secretary 
        pursuant to subsection (c).
            (4) Expedited review.--The Court shall set any civil action 
        brought under this subsection for expedited consideration.
            (5) Attorney's fees.--In any action challenging a Federal 
        refinery authorization that has been granted, reasonable 
        attorney's fees and other expenses of litigation shall be 
        awarded to the prevailing party. This paragraph shall not apply 
        to any action seeking remedies for denial of a Federal refinery 
        authorization or failure to act on an application for a Federal 
        refinery authorization.
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