[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2086 Reported in Senate (RS)]

                                                       Calendar No. 379
113th CONGRESS
  2d Session
                                S. 2086

                          [Report No. 113-162]

   To address current emergency shortages of propane and other home 
 heating fuels and to provide greater flexibility and information for 
          Governors to address such emergencies in the future.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 6, 2014

   Mr. Thune (for himself, Ms. Klobuchar, Mr. Coats, Mr. Blunt, Mr. 
 Hoeven, Ms. Ayotte, Mr. Chambliss, Mrs. Fischer, Mrs. McCaskill, and 
 Mr. Johnson of South Dakota) introduced the following bill; which was 
  read twice and referred to the Committee on Commerce, Science, and 
                             Transportation

                              May 20, 2014

             Reported by Mr. Rockefeller, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
   To address current emergency shortages of propane and other home 
 heating fuels and to provide greater flexibility and information for 
          Governors to address such emergencies in the future.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Reliable Home Heating 
Act''.</DELETED>

<DELETED>SEC. 2. AUTHORITY TO EXTEND EMERGENCY DECLARATIONS FOR 
              PURPOSES OF TEMPORARILY EXEMPTING MOTOR CARRIERS 
              PROVIDING EMERGENCY RELIEF FROM CERTAIN SAFETY 
              REGULATIONS.</DELETED>

<DELETED>    (a) Defined Term.--In this Act, the term ``residential 
heating fuel'' includes--</DELETED>
        <DELETED>    (1) heating oil;</DELETED>
        <DELETED>    (2) natural gas; and</DELETED>
        <DELETED>    (3) propane.</DELETED>
<DELETED>    (b) Authorization.--If the Governor of a State declares a 
state of emergency caused by a shortage of residential heating fuel 
and, at the conclusion of the initial 30-day emergency period (or a 
second 30-day emergency period authorized under this subsection), the 
Governor determines that the emergency shortage has not ended, any 
extension of such state of emergency by the Governor, up to 2 
additional 30-day periods, shall be recognized by the Federal Motor 
Carrier Safety Administration as a period during which parts 390 
through 399 of chapter III of title 49, Code of Federal Regulations, 
shall not apply to any motor carrier or driver operating a commercial 
motor vehicle to provide residential heating fuel in the geographic 
area so designated as under a state of emergency.</DELETED>
<DELETED>    (c) Rulemaking.--The Secretary of Transportation shall 
amend section 390.23(a)(1)(ii) of title 49, Code of Federal 
Regulations, to conform to the provision set forth in subsection 
(b).</DELETED>
<DELETED>    (d) Savings Provision.--Nothing in this section may be 
construed to modify the authority granted to the Federal Motor Carrier 
Safety Administration's Field Administrator under section 390.23(a) of 
title 49, Code of Federal Regulations, to offer temporary exemptions 
from parts 390 through 399 of such title.</DELETED>

<DELETED>SEC. 3. ENERGY INFORMATION ADMINISTRATION NOTIFICATION 
              REQUIREMENT.</DELETED>

<DELETED>    The Administrator of the Energy Information 
Administration, using data compiled from the Administration's Weekly 
Petroleum Status Reports, shall notify the Governor of each State in a 
Petroleum Administration for Defense District if the inventory of 
residential heating fuel within such district has been below the most 
recent 5-year average for more than 3 consecutive weeks.</DELETED>

<DELETED>SEC. 4. PROPANE AND HOME HEATING FUEL EMERGENCY 
              TRANSPORTATION.</DELETED>

<DELETED>    (a) In General.--Notwithstanding any other provision of 
law, a covered emergency exemption issued by the Federal Motor Carrier 
Safety Administration shall remain in effect until May 31, 2014, unless 
the Secretary of Transportation, after consultation with the Governors 
of affected States, determines that the emergency for which the 
exemption was provided ends before that date.</DELETED>
<DELETED>    (b) Covered Emergency Exemption Defined.--In this section, 
the term ``covered emergency exemption'' means an exemption issued 
under section 390.23 of title 49, Code of Federal Regulations, or 
extended under section 390.25 of such title that--</DELETED>
        <DELETED>    (1) was issued or extended during the period 
        beginning on February 5, 2014, and ending on the date of 
        enactment of this Act; and</DELETED>
        <DELETED>    (2) provided regulatory relief for commercial 
        motor vehicle operations providing direct assistance supporting 
        the delivery of propane and home heating fuels.</DELETED>
<DELETED>    (c) Rule of Construction.--Nothing in subsection (a) may 
be construed to prohibit the Federal Motor Carrier Safety 
Administration from issuing or extending a covered emergency exemption 
beyond May 31, 2014, under other Federal law.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Reliable Home Heating Act''.

SEC. 2. AUTHORITY TO EXTEND EMERGENCY DECLARATIONS FOR PURPOSES OF 
              TEMPORARILY EXEMPTING MOTOR CARRIERS PROVIDING EMERGENCY 
              RELIEF FROM CERTAIN SAFETY REGULATIONS.

    (a) Defined Term.--In this Act, the term ``residential heating 
fuel'' includes--
            (1) heating oil;
            (2) natural gas; and
            (3) propane.
    (b) Authorization.--If the Governor of a State declares a state of 
emergency caused by a shortage of residential heating fuel and, at the 
conclusion of the initial 30-day emergency period (or a second 30-day 
emergency period authorized under this subsection), the Governor 
determines that the emergency shortage has not ended, any extension of 
such state of emergency by the Governor, up to 2 additional 30-day 
periods, shall be recognized by the Federal Motor Carrier Safety 
Administration as a period during which parts 390 through 399 of 
chapter III of title 49, Code of Federal Regulations, shall not apply 
to any motor carrier or driver operating a commercial motor vehicle to 
provide residential heating fuel in the geographic area so designated 
as under a state of emergency.
    (c) Rulemaking.--The Secretary of Transportation shall amend 
section 390.23(a)(1)(ii) of title 49, Code of Federal Regulations, to 
conform to the provision set forth in subsection (b).
    (d) Savings Provision.--Nothing in this section may be construed to 
modify the authority granted to the Federal Motor Carrier Safety 
Administration's Field Administrator under section 390.23(a) of title 
49, Code of Federal Regulations, to offer temporary exemptions from 
parts 390 through 399 of such title.

SEC. 3. ENERGY INFORMATION ADMINISTRATION NOTIFICATION REQUIREMENT.

    The Administrator of the Energy Information Administration, using 
data compiled from the Administration's Weekly Petroleum Status 
Reports, shall notify the Governor of each State in a Petroleum 
Administration for Defense District if the inventory of residential 
heating fuel within such district has been below the most recent 5-year 
average for more than 3 consecutive weeks.

SEC. 4. REVIEW.

    Not later than 12 months after the date of enactment of this Act, 
the Secretary of Transportation shall conduct a study of, and transmit 
to the Committee on Commerce, Science, and Transportation of the Senate 
and the Committee on Transportation and Infrastructure of the House of 
Representatives, a report on the impacts of safety from the extensions 
issued by Governors according to this Act. In conducting the study, the 
Secretary shall review, at a minimum--
            (1) the safety implications of extending exemptions; and
            (2) a review of the exemption process to ensure clarity and 
        efficiency during emergencies.
                                                       Calendar No. 379

113th CONGRESS

  2d Session

                                S. 2086

                          [Report No. 113-162]

_______________________________________________________________________

                                 A BILL

   To address current emergency shortages of propane and other home 
 heating fuels and to provide greater flexibility and information for 
          Governors to address such emergencies in the future.

_______________________________________________________________________

                              May 20, 2014

                       Reported with an amendment