[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2762 Introduced in Senate (IS)]

113th CONGRESS
  2d Session
                                S. 2762

      To prevent future propane shortages, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 31, 2014

Mr. Franken (for himself, Mr. Portman, and Ms. Baldwin) introduced the 
 following bill; which was read twice and referred to the Committee on 
                      Energy and Natural Resources

_______________________________________________________________________

                                 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) Interstate commerce.--The term ``interstate commerce'' 
        has the meaning given the term in section 2 of the Natural Gas 
        Act (15 U.S.C. 717a).
            (4) Propane pipeline.--The term ``propane pipeline'' means 
        a pipeline used to transport propane in interstate commerce.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.

SEC. 3. INFORMATION COLLECTION.

    (a) In General.--The Administrator shall publish, to the maximum 
extent practicable and consistent with confidentiality requirements, 
data on--
            (1) propane storage, including--
                    (A) weekly inventory data disaggregated below the 
                level of the Petroleum Administration for Defense 
                Districts (PADD), including--
                            (i) data at the State level; and
                            (ii) data from the collective storage 
                        facilities at market hubs, including storage 
                        facilities in and around Mont Belvieu, Texas, 
                        Conway, Kansas, and any future 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 on 
                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--
            (1) storage at--
                    (A) major market centers, including the regions 
                around Conway, Kansas and Mont Belvieu, Texas; and
                    (B) 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); and
            (2) pipeline fill requirements and pipeline operational 
        storage capacity.
    (c) Wood Pilot.--The Administrator shall work with the States 
participating in SHOPP to develop a program comparable to SHOPP to 
collect data on wood pellets, firewood, and other biomass.

SEC. 4. COORDINATED RESPONSE TO EMERGENCIES.

    (a) In General.--The Secretary shall lead 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; and
            (5) establish criteria to determine when the emergency has 
        ended.
    (c) Actions.--An emergency response carried out under this section 
may include--
            (1) actions to protect consumers from unfair pricing;
            (2) actions 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; and
                    (C) to prioritize propane shipments over other 
                shipments in batched pipelines;
            (3) expedited release of energy assistance funds; and
            (4) other actions to relieve price spikes and supply 
        shortages.
    (d) Effect.--Nothing in this section limits any existing authority 
of any 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.

    (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 for, 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 that 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 the nonjurisdictional nature of the facilities 
        is injurious to shippers or consumers; and
            (2)(A) whether the facilities can be placed under the 
        jurisdiction of the Commission; or
            (B) if not, whether changes in law to place the facilities 
        under the jurisdiction of the Commission are in the public 
        interest.
                                 <all>