[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5469 Introduced in House (IH)]

113th CONGRESS
  2d Session
                                H. R. 5469

      To prevent future propane shortages, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 15, 2014

  Mr. Latta introduced the following bill; which was referred to the 
 Committee on Energy and Commerce, and in addition to the Committee on 
Agriculture, 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 prevent future propane shortages, 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 ``Propane Supply and Security Act of 
2014''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Energy Information Administration.
            (2) Commission.--The term ``Commission'' means the Federal 
        Energy Regulatory Commission.
            (3) Propane pipeline.--The term ``propane pipeline'' means 
        a pipeline regulated under chapter 601 of title 49, United 
        States Code, that is used to transport propane.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.

SEC. 3. INFORMATION COLLECTION.

    (a) In General.--The Administrator, in coordination with other 
Federal and State officials, as appropriate, shall publish to the 
maximum extent practicable and consistent with confidentiality 
requirements, data on--
            (1) propane storage, including--
                    (A) weekly inventory disaggregated below the level 
                of the Petroleum Administration for Defense Districts 
                (PADD) including--
                            (i) data at the State and local level; and
                            (ii) aggregate data at market hubs around 
                        Conway, Kansas, Mont Bellvieu, Texas, and any 
                        other market hubs of significant regional 
                        scope; and
                    (B) weekly data to separately account for non-fuel 
                propylene and propane for PADD 3 and other regions if 
                the Administrator determines that inclusion of the 
                nonfuel propylene supply data significantly distorts 
                propane supply and pricing data, and the Administrator 
                determines it is feasible to collect separate data and 
                nonfuel propylene and propane; and
            (2) propane markets, including pricing data, for 
        residential customers in States that voluntarily choose to 
        participate in the State Heating Oil and Propane Program 
        (SHOPP) of the Energy Information Administration.
    (b) Biannual Working and Net Available Storage Capacity Report.--
The Administrator shall publish data on storage at--
            (1) major market centers, including the regions around 
        Conway, Kansas and Mont Bellvieu, Texas; and
            (2) to the extent practicable based on existing surveys and 
        consistent with confidentiality requirements, the regions 
        reported in the weekly and monthly inventory data under 
        subsection (a).

SEC. 4. COORDINATED RESPONSE TO EMERGENCIES.

    (a) In General.--The Secretary shall lead and coordinate Federal 
and State emergency response efforts with respect to propane supply 
emergencies in any State or region of the United States that are 
characterized, as determined by the Secretary, by--
            (1) sudden increases in consumer prices for propane; or
            (2) propane supply shortages that threaten public safety or 
        livestock safety.
    (b) Duties.--In carrying out subsection (a), the Secretary shall--
            (1) establish criteria to determine when an emergency 
        response action would be triggered;
            (2) establish a system for forecasting and tracking the 
        availability of propane, with an emphasis on predicting supply 
        shortages;
            (3) establish a system for alerting other Federal agencies, 
        States, industry groups, and appropriate stakeholders of the 
        crisis--
                    (A) before an emergency; and
                    (B) when the Secretary determines that an emergency 
                has occurred;
            (4) establish a plan for coordinated response to an 
        emergency by Federal and State agencies using their existing 
        authorities; and
            (5) establish criteria to determine when the emergency has 
        ended.
    (c) Actions.--An emergency response carried out under this section 
may include actions by Federal and State agencies using their existing 
authorities--
            (1) to protect consumers from unfair pricing;
            (2) to expedite the distribution of propane through 
        available transportation modes, including provisions--
                    (A) to exempt motor carriers of propane from hours-
                of-service restrictions;
                    (B) to prioritize propane shipments by rail;
                    (C) to exempt vessels carrying propane from United 
                States-flag ship requirements under the Jones Act; and
                    (D) for actions by the Commission to prioritize 
                propane shipments over other shipments in batched 
                pipelines; and
            (3) expedited release of energy assistance funds.
    (d) Effect.--Nothing in this section limits any existing agency 
authority of a Federal agency.

SEC. 5. DEFINITION OF CONSUMER PROPANE PRICES.

    (a) Functions of Propane Education and Research Council.--Section 
5(f) of the Propane Education and Research Act of 1996 (15 U.S.C. 
6404(f)) is amended in the first sentence by inserting ``to train 
propane distributors and consumers in strategies to mitigate negative 
effects of future propane price spikes,'' after ``to enhance consumer 
and employee safety and training,''.
    (b) Market Survey and Consumer Protection Price Analysis.--Section 
9(a) of the Propane Education and Research Act of 1996 (15 U.S.C. 
6408(a)) is amended in the first sentence by striking ``only data 
provided by the Energy Information Administration'' and inserting ``the 
refiner price to end users of consumer grade propane, as published by 
the Energy Information Administration''.

SEC. 6. REGIONAL PROPANE RESERVE STUDY.

    (a) Study.--Not later than 180 days after the date of enactment of 
this Act, the Secretary shall conduct a study to determine the 
effectiveness and feasibility of establishing 1 or more propane storage 
facilities, to be operated separately from the Strategic Petroleum 
Reserve established under part B of title I of the Energy Policy and 
Conservation Act (42 U.S.C. 6231 et seq.).
    (b) Plan.--Following completion of the study under subsection (a), 
the Secretary may submit to Congress and the President a plan 
describing--
            (1) the proposed acquisition of storage and related 
        facilities or storage services, including--
                    (A) the potential use of storage facilities not 
                currently in use; and
                    (B) a determination of the combination of primary, 
                secondary, and tertiary storage facilities that will be 
                used;
            (2) the proposed acquisition of propane for storage;
            (3) the proposed methods of disposition of propane;
            (4) the estimated costs of establishment, maintenance, and 
        operation;
            (5) the efforts the Secretary will make--
                    (A) to minimize any potential need for future 
                drawdowns; and
                    (B) to ensure the distributors and importers are 
                not discouraged from maintaining and increasing 
                supplies of propane;
            (6) the proposed actions to ensure the quality of the 
        propane; and
            (7) the proposed accounts and funding structures required 
        for acquisition of propane and propane storage facilities.

SEC. 7. STORAGE FACILITY LOANS FOR PROPANE STORAGE.

    Section 1614(a) of the Food, Conservation, and Energy Act of 2008 
(7 U.S.C. 8789(a)) is amended by inserting ``, including facilities for 
propane that is used for drying and heating'' before the period at the 
end.

SEC. 8. STUDY OF JURISDICTION.

    Not later than 1 year after the date of enactment of this Act, the 
Comptroller General of the United States shall complete a study of 
facilities appurtenant to propane pipelines (such as terminals and 
storage facilities) that are not subject to the jurisdiction of the 
Commission (as of the date on which the study commences) to determine--
            (1) whether and to what degree the nonjurisdictional nature 
        of the facilities had an impact on the propane price spike 
        during the winter of 2013 to 2014; or
            (2) whether findings described in paragraph (1) demonstrate 
        whether it would be in the public interest to enact a change in 
        law to place such facilities under the jurisdiction of the 
        Commission.
                                 <all>