The text of the bill below is as of Apr 13, 2000 (Placed on Calendar in the Senate).
HR 2884 PCS
Calendar No. 506
H. R. 2884
IN THE SENATE OF THE UNITED STATES
April 13, 2000
April 13, 2000
Received; read twice and placed on the calendar
To extend energy conservation programs under the Energy Policy and Conservation Act through fiscal year 2003.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. ENERGY POLICY AND CONSERVATION ACT AMENDMENTS.
The Energy Policy and Conservation Act is amended--
(1) by amending section 166 (42 U.S.C. 6246) to read as follows:
‘AUTHORIZATION OF APPROPRIATIONS
‘SEC. 166. There are authorized to be appropriated for fiscal years 2000 through 2003 such sums as may be necessary to implement this part.’;
(2) in section 181 (42 U.S.C. 6251) by striking ‘March 31, 2000’ both places it appears and inserting ‘September 30, 2003’; and
(3) in section 281 (42 U.S.C. 6285) by striking ‘March 31, 2000’ both places it appears and inserting ‘September 30, 2003’.
SEC. 2. PURCHASE OF OIL FROM MARGINAL WELLS.
(a) PURCHASE OF OIL FROM MARGINAL WELLS- Part B of Title I of the Energy Policy and Conservation Act (42 U.S.C. 6232 et seq.) is amended by adding the following new section after section 168:
‘PURCHASE OF OIL FROM MARGINAL WELLS
‘SEC. 169. (a) IN GENERAL- From amounts authorized under section 166, in any case in which the price of oil decreases to an amount less than $15.00 per barrel (an amount equal to the annual average well head price per barrel for all domestic crude oil), adjusted for inflation, the Secretary may purchase oil from a marginal well at $15.00 per barrel, adjusted for inflation.
‘(b) DEFINITION OF MARGINAL WELL- The term ‘marginal well’ means a well that--
‘(1) has an average daily production of 15 barrels or less;
‘(2) has an average daily production of 25 barrels or less with produced water accounting for 95 percent or more of total production; or
‘(3) produces heavy oil with an API gravity less than 20 degrees.’.
(b) CONFORMING AMENDMENT- The table of contents for the Energy Policy and Conservation Act is amended by inserting after the item relating to section 168 the following:
‘Sec. 169. Purchase of oil from marginal wells.’.
SEC. 3. NORTHEAST HOME HEATING OIL RESERVE.
(a) AMENDMENT- Title I of the Energy Policy and Conservation Act is amended by--
(1) redesignating part D as part E;
(2) redesignating section 181 as section 191; and
(3) inserting after part C the following new part D:
‘Part D--Northeast Home Heating Oil Reserve
‘SEC. 181. (a) Notwithstanding any other provision of this Act, the Secretary may establish, maintain, and operate in the Northeast a Northeast Home Heating Oil Reserve. A Reserve established under this part is not a component of the Strategic Petroleum Reserve established under part B of this title. A Reserve established under this part shall contain no more than 2 million barrels of petroleum distillate.
‘(b) For the purposes of this part--
‘(1) the term ‘Northeast’ means the States of Maine, New Hampshire, Vermont, Massachusetts, Connecticut, Rhode Island, New York, Pennsylvania, and New Jersey; and
‘(2) the term ‘petroleum distillate’ includes heating oil and diesel fuel.
‘SEC. 182. To the extent necessary or appropriate to carry out this part, the Secretary may--
‘(1) purchase, contract for, lease, or otherwise acquire, in whole or in part, storage and related facilities, and storage services;
‘(2) use, lease, maintain, sell, or otherwise dispose of storage and related facilities acquired under this part;
‘(3) acquire by purchase, exchange (including exchange of petroleum product from the Strategic Petroleum Reserve or received as royalty from Federal lands), lease, or otherwise, petroleum distillate for storage in the Northeast Home Heating Oil Reserve;
‘(4) store petroleum distillate in facilities not owned by the United States;
‘(5) sell, exchange, or otherwise dispose of petroleum distillate from the Reserve established under this part; and
‘(6) notwithstanding paragraph (5), on terms the Secretary considers reasonable, sell, exchange, or otherwise dispose of petroleum distillate from the Reserve established under this part in order to maintain the quality or quantity of the petroleum distillate in the Reserve or to maintain the operational capability of the Reserve.
‘CONDITIONS FOR RELEASE; PLAN
‘SEC. 183. (a) The Secretary may release petroleum distillate from the Reserve under section 182(5) only in the event of--
‘(1) a severe energy supply disruption;
‘(2) a severe price increase; or
‘(3) another emergency affecting the Northeast,
which the President determines to merit a release from the Reserve.
‘(b) Within 45 days of the date of the enactment of this section, the Secretary shall transmit to the President and, if the President approves, to the Congress a plan describing--
‘(1) the acquisition of storage and related facilities or storage services for the Reserve;
‘(2) the acquisition of petroleum distillate for storage in the Reserve;
‘(3) the anticipated methods of disposition of petroleum distillate from the Reserve; and
‘(4) the estimated costs of establishment, maintenance, and operation of the Reserve.
The storage of petroleum distillate in a storage facility that meets existing environmental requirements is not a ‘major Federal action significantly affecting the quality of the human environment’ as that term is used in section 102(2)(C) of the National Environmental Policy Act of 1969.
‘NORTHEAST HOME HEATING OIL RESERVE ACCOUNT
‘SEC. 184. (a) Upon a decision of the Secretary of Energy to establish a Reserve under this part, the Secretary of the Treasury shall establish in the Treasury of the United States an account know as the ‘Northeast Home Heating Oil Reserve Account’ (referred to in this section as the ‘Account’).
‘(b) The Secretary of the Treasury shall deposit in the Account any amounts appropriated to the Account and any receipts from the sale, exchange, or other disposition of petroleum distillate from the Reserve.
‘(c) The Secretary of Energy may obligate amounts in the Account to carry out activities under this part without the need for further appropriation, and amounts available to the Secretary of Energy for obligation under this section shall remain available without fiscal year limitation.
‘SEC. 185. An action taken under this part--
‘(1) is not subject to the rulemaking requirements of section 523 of this Act, section 501 of the Department of Energy Organization Act, or section 553 of title 5, United States Code; and
‘(2) is not subject to laws governing the Federal procurement of goods and services, including the Federal Property and Administrative Services Act of 1949 (including the Competition in Contracting Act) and the Small Business Act.’.
(b) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated such sums as may be necessary to carry out part D of title I of the Energy Policy and Conservation Act.
Passed the House of Representatives April 12, 2000.