II 

109TH CONGRESS 

2D SESSION S. 2613 

To amend the Solid Waste Disposal Act to establish a program to provide 

reimbursement for the installation of alternative energy refueling systems. 

IN THE SENATE OF THE UNITED STATES 

APRIL 7, 2006 

Mr. THUNE (for himself and Mr. OBAMA) introduced the following bill; which 

was read twice and referred to the Committee on Environment and Public 

Works 

A BILL 

To amend the Solid Waste Disposal Act to establish a program to provide reimbursement for the installation of 

alternative energy refueling systems. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Alternative Energy Re5 fueling System Act’’. 

6 SEC. 2. ALTERNATIVE ENERGY REFUELING SYSTEMS. 

7 Section 9003(h) of the Solid Waste Disposal Act (42 

8 U.S.C. 6991b(h)) is amended by adding at the end the 

9 following: 


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1 ‘‘(13) ALTERNATIVE ENERGY REFUELING SYS2 TEMS.— 

3 ‘‘(A) DEFINITIONS.—In this paragraph: 

4 ‘‘(i) ALTERNATIVE ENERGY REFUEL5 ING SYSTEM.—The term ‘alternative en6 ergy refueling system’ means a system 

7 composed of 1 or more underground stor8 age tanks, pumps, and pump fittings or 

9 other related infrastructure that is used to 

10 refuel motor vehicles with— 

11 ‘‘(I) compressed natural gas; 

12 ‘‘(II) E–85 ethanol; 

13 ‘‘(III) a fuel described in section 

14 30C(c)(1) of the Internal Revenue 

15 Code of 1986; or 

16 ‘‘(IV) any other alternative fuel, 

17 as determined by the Administrator. 

18 ‘‘(ii) ELIGIBLE ENTITY.—The term 

19 ‘eligible entity’ means a refueling vendor or 

20 other person that is an owner or operator 

21 of a service station or other facility at 

22 which an alternative energy refueling sys23 tem is located or proposed to be located. 

24 ‘‘(B) REIMBURSEMENT PROGRAM.— 


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1 ‘‘(i) ESTABLISHMENT.—The Adminis2 trator shall establish a program to provide 

3 to eligible entities reimbursement from the 

4 Trust Fund of a portion of the costs of 

5 purchasing and installing 1 or more alter6 native energy refueling systems, including 

7 any alternative energy refueling system in8 tended to replace a petroleum refueling 

9 tank or system. 

10 ‘‘(ii) APPLICATION.—An eligible entity 

11 that seeks to receive reimbursement de12 scribed in clause (i) shall submit to the 

13 Administrator an application by such time, 

14 in such form, and containing such informa15 tion as the Administrator shall prescribe. 

16 ‘‘(iii) TIMING OF REIMBURSEMENT.— 

17 Not later than 30 days after the date on 

18 which the Administrator, in consultation 

19 with the appropriate State agency, verifies 

20 that an alternative energy refueling system 

21 for which reimbursement is requested by 

22 an eligible entity under this paragraph has 

23 been installed and is operational, the Ad24 ministrator shall provide the reimburse25 ment to the eligible entity. 


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1 ‘‘(iv) LIMITATIONS.— 

2 ‘‘(I) PROHIBITION ON RECEIPT

3 OF DUAL BENEFITS.—An eligible enti4 ty that receives a tax credit under sec5 tion 30C of the Internal Revenue 

6 Code of 1986 for placing in service a 

7 qualified alternative fuel vehicle re8 fueling property (as defined in that 

9 section) may not receive any reim10 bursement under this paragraph for 

11 an alternative energy refueling system 

12 on the property if the cost of the al13 ternative energy refueling system was 

14 taken into consideration in calculating 

15 the tax credit. 

16 ‘‘(II) NUMBER OF SYSTEMS.—An 

17 eligible entity may not receive reim18 bursement under this paragraph for 

19 more than 2 alternative energy refuel20 ing systems for each facility owned or 

21 operated by the eligible entity. 

22 ‘‘(III) AMOUNT.—The amount of 

23 reimbursement provided for an alter24 native energy refueling system under 


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1 this paragraph shall not exceed the 

2 lesser of— 

3 ‘‘(aa) the amount that is 30 

4 percent of the cost of the alter5 native energy refueling system; or 

6 ‘‘(bb) $30,000. 

7 ‘‘(C) NO EFFECT ON OTHER TRUST FUND

8 PROJECTS, ACTIVITIES, OR RESPONSIBIL9 ITIES.— 

10 ‘‘(i) OTHER TRUST FUND PROJECTS

11 AND ACTIVITIES.—In carrying out this 

12 paragraph, the Administrator shall not use 

13 funds from the Trust Fund that are obli14 gated for, or otherwise required to carry 

15 out, other projects and activities under this 

16 subsection. 

17 ‘‘(ii) RESPONSIBILITIES.—Nothing in 

18 this paragraph affects any obligation of an 

19 owner or operator to comply with other 

20 provisions of this subtitle.’’. 

Æ 


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