I

106TH CONGRESS

1ST SESSION H. R. 1395

To amend the Clean Air Act to suspend the application of certain motor

vehicle fuel requirements in areas within the State of California during

certain periods in order to reduce the retail cost of gasoline, and for

other purposes.

IN THE HOUSE OF REPRESENTATIVES

APRIL 13, 1999

Mr. HUNTER (for himself and Mr. CALVERT) introduced the following bill;

which was referred to the Committee on Commerce

A BILL

To amend the Clean Air Act to suspend the application

of certain motor vehicle fuel requirements in areas within

the State of California during certain periods in order

to reduce the retail cost of gasoline, and for other purposes.

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

3 SECTION 1. FINDINGS.

4 The Congress finds as follows:

5 (1) The recent shutdown of primary petroleum

6 refining facilities in the State of California has cut

7 refining capabilities drastically.
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1 (2) The reduction in refinery capacity has a di2 rect and corresponding effect on gas prices in Cali3 fornia, with gas costs vastly exceeding the national

4 average.

5 (3) It is now necessary to seek alternative

6 sources of refined gasoline to alleviate this crisis.

7 (4) The Federal and State and local govern8 ments have a shared responsibility in reducing the

9 increased fuel costs associated with California.

10 (5) California drivers cannot access inexpensive

11 gasoline from other States because of special refin12 ing requirements. Working families in California

13 need relief from the high costs associated with these

14 requirements.

15 (6) The use of reformulated gas in California

16 has significantly improved air quality in the State.

17 However, due to the lack of refiners outside the

18 State who can readily produce reformulated gas,

19 consumers are faced with an unnecessary burden.

20 SEC. 2. AMENDMENT OF SECTION 211 OF CLEAN AIR ACT.

21 (a) SUSPENSION OF REFORMULATED GAS AND

22 OXYGENATED FUEL REQUIREMENTS FOR CALIFORNIA.—

23 Section 211 of the Clean Air Act is amended by adding

24 the following new subsection at the end thereof:

25 ‘‘(p) CALIFORNIA HIGH FUEL COST SUSPENSION.—
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1 ‘‘(1) IN GENERAL.—The provisions of sub2 section (k) of this section (relating to reformulated

3 gas) and subsection (m) of this section (relating to

4 oxygenated fuel), and any provisions in effect under

5 California law regarding reformulated gas or

6 oxygenated fuel, shall be suspended immediately fol7 lowing publication of a determination by the Admin8 istrator that, during the calendar month prior to

9 such publication, the Statewide average retail price

10 of gasoline within California has been more than 5

11 percent above the baseline average gasoline price for

12 California due to the costs of complying with such

13 provisions. Such suspension shall terminate imme14 diately upon publication of a determination by the

15 Administrator that, during the prior calendar

16 month, the Statewide average retail price of gasoline

17 within the California has been more than 5 percent

18 below such baseline average gasoline price.

19 ‘‘(2) PUBLICATION OF PRICES AND DETERMINA20 TION.—The Administrator shall publish the fol21 lowing in the Federal Register each month:

22 ‘‘(A) A determination of the Statewide av23 erage retail price of gasoline within California

24 for the calendar month prior to such publica25 tion.
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1 ‘‘(B) A determination of the Statewide av2 erage retail price of gasoline within California

3 during the 3-calendar year period preceding the

4 calendar year in which such month occurs.

5 If the Administrator determines that, for any cal6 endar month, the Statewide average retail price of

7 gasoline within California is more than 5 percent

8 above the baseline average gasoline price for Cali9 fornia, such publication shall include a determina10 tion that the increase in the retail price of gasoline

11 in California is due to the costs of complying with

12 the provisions referred to in paragraph (1) unless

13 the Administrator and the Governor of California

14 jointly agree (and explain in such publication) that

15 some or all of the increase in such retail price is due

16 to factors that are national or international in scope

17 and not unique to the State of California.

18 ‘‘(3) GASOLINE FROM FOREIGN REFINERIES

19 PROHIBITED.—During any suspension under para20 graph (1), no gasoline refined outside the United

21 States and imported into the United States may be

22 sold at retail in the State of California.

23 ‘‘(4) DEFINITION.—For purposes of this sub24 section, the term ‘baseline average gasoline price’

25 means, for any calendar month, a Statewide average
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1 price for gasoline sold at retail that is 120 percent

2 of the Statewide average retail price of gasoline

3 within California during the 3-calendar year period

4 preceding the calendar year in which such month oc5 curs.’’.

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