I 

109TH CONGRESS 

2D SESSION H. R. 5346 

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

reimbursement for the installation of alternative energy refueling systems. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 10, 2006 

Mr. MORAN of Kansas (for himself, Mr. UDALL of Colorado, and Mr. 

FORTENBERRY) introduced the following bill; which was referred to the 

Committee on Energy and Commerce 

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 of 2006’’. 

6 SEC. 2. ALTERNATIVE ENERGY REFUELING SYSTEMS. 

7 (a) IN GENERAL.—Section 9003(h) of the Solid 

8 Waste Disposal Act (42 U.S.C. 6991b(h)) is amended by 

9 adding at the end the 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, for each of the fiscal 

4 years 2007 through 2011, reimbursement 

5 from the Trust Fund of a portion of the 

6 costs of purchasing and installing 1 or 

7 more alternative energy refueling systems, 

8 including any alternative energy refueling 

9 system intended to replace a petroleum re10 fueling tank or system. 

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

12 that seeks to receive reimbursement de13 scribed in clause (i) shall submit to the 

14 Administrator an application by such time, 

15 in such form, and containing such informa16 tion as the Administrator shall prescribe. 

17 ‘‘(iii) TIMING OF REIMBURSEMENT.— 

18 Not later than 30 days after the date on 

19 which the Administrator, in consultation 

20 with the appropriate State agency, verifies 

21 that an alternative energy refueling system 

22 for which reimbursement is requested by 

23 an eligible entity under this paragraph has 

24 been installed and is operational, the AdVerDate Aug 31 2005 00:25 May 14, 2006 Jkt 049196 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5346.IH H5346

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1 ministrator shall provide the reimburse2 ment to the eligible entity. 

3 ‘‘(iv) LIMITATIONS.— 

4 ‘‘(I) PROHIBITION ON RECEIPT

5 OF DUAL BENEFITS.—An eligible enti6 ty that receives a tax credit under sec7 tion 30C of the Internal Revenue 

8 Code of 1986 for placing in service a 

9 qualified alternative fuel vehicle re10 fueling property (as defined in that 

11 section) may not receive any reim12 bursement under this paragraph for 

13 an alternative energy refueling system 

14 on the property if the cost of the al15 ternative energy refueling system was 

16 taken into consideration in calculating 

17 the tax credit. 

18 ‘‘(II) NUMBER OF SYSTEMS.—An 

19 eligible entity may not receive reim20 bursement under this paragraph for 

21 more than 2 alternative energy refuel22 ing systems for each facility owned or 

23 operated by the eligible entity. 

24 ‘‘(III) AMOUNT.—The amount of 

25 reimbursement provided for an alterVerDate Aug 31 2005 00:25 May 14, 2006 Jkt 049196 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5346.IH H5346

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1 native energy refueling system under 

2 this paragraph shall not exceed the 

3 lesser of— 

4 ‘‘(aa) the amount that is 30 

5 percent of the cost of the alter6 native energy refueling system; or 

7 ‘‘(bb) $30,000. 

8 ‘‘(IV) AGGREGATE AMOUNT

9 FROM TRUST FUND.—The Adminis10 trator shall use to provide reimburse11 ments under this paragraph an aggre12 gate amount from the Trust Fund for 

13 a fiscal year that does not exceed the 

14 lesser of— 

15 ‘‘(aa) $70,000,000; or 

16 ‘‘(bb) the amount of interest 

17 generated on amounts in the 

18 Trust Fund for the fiscal year. 

19 ‘‘(V) FURTHER APPROPRIA20 TION.—Reimbursement authorized 

21 under this paragraph shall be pro22 vided by the Administrator without 

23 further appropriation. 


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1 ‘‘(C) NO EFFECT ON OTHER TRUST FUND

2 PROJECTS, ACTIVITIES, OR RESPONSIBIL3 ITIES.— 

4 ‘‘(i) OTHER TRUST FUND PROJECTS

5 AND ACTIVITIES.—In carrying out this 

6 paragraph, the Administrator shall not use 

7 funds from the Trust Fund that are obli8 gated for, or otherwise required to carry 

9 out, other projects and activities under this 

10 subsection. 

11 ‘‘(ii) RESPONSIBILITIES.—Nothing in 

12 this paragraph affects any obligation of an 

13 owner or operator to comply with other 

14 provisions of this subtitle.’’. 

15 (b) CONFORMING AMENDMENT.—Section 9508(c) of 

16 the Internal Revenue Code of 1986 is amended by striking 

17 ‘‘as in effect on’’ and all that follows through the end of 

18 the subsection and inserting ‘‘as amended by the Super19 fund Amendments and Reauthorization Act of 1986 and 

20 the Alternative Energy Refueling System Act of 2006’’. 

Æ 


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