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 pur-
poses.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. FINDINGS.
The Congress finds as follows:
(1) The recent shutdown of primary petroleum
refining facilities in the State of California has cut
refining capabilities drastically.
(2) The reduction in refinery capacity has a di-
rect and corresponding effect on gas prices in Cali-
fornia, with gas costs vastly exceeding the national
average.
(3) It is now necessary to seek alternative
sources of refined gasoline to alleviate this crisis.
(4) The Federal and State and local govern-
ments have a shared responsibility in reducing the
increased fuel costs associated with California.
(5) California drivers cannot access inexpensive
gasoline from other States because of special refin-
ing requirements. Working families in California
need relief from the high costs associated with these
requirements.
(6) The use of reformulated gas in California
has significantly improved air quality in the State.
However, due to the lack of refiners outside the
State who can readily produce reformulated gas,
consumers are faced with an unnecessary burden.
SEC. 2. AMENDMENT OF SECTION 211 OF CLEAN AIR ACT.
(a) SUSPENSION
OF
REFORMULATED
GAS
AND
OXYGENATED FUEL REQUIREMENTS FOR CALIFORNIA.—
Section 211 of the Clean Air Act is amended by adding
the following new subsection at the end thereof:
‘‘(p) CALIFORNIA HIGH FUEL COST SUSPENSION.—
‘‘(1) IN
GENERAL.—The provisions of sub-
section (k) of this section (relating to reformulated
gas) and subsection (m) of this section (relating to
oxygenated fuel), and any provisions in effect under
California law regarding reformulated gas or
oxygenated fuel, shall be suspended immediately fol-
lowing publication of a determination by the Admin-
istrator that, during the calendar month prior to
such publication, the Statewide average retail price
of gasoline within California has been more than 5
percent above the baseline average gasoline price for
California due to the costs of complying with such
provisions. Such suspension shall terminate imme-
diately upon publication of a determination by the
Administrator that, during the prior calendar
month, the Statewide average retail price of gasoline
within the California has been more than 5 percent
below such baseline average gasoline price.
‘‘(2) PUBLICATION OF PRICES AND DETERMINA-
TION.—The Administrator shall publish the fol-
lowing in the Federal Register each month:
‘‘(A) A determination of the Statewide av-
erage retail price of gasoline within California
for the calendar month prior to such publica-
tion.
‘‘(B) A determination of the Statewide av-
erage retail price of gasoline within California
during the 3-calendar year period preceding the
calendar year in which such month occurs.
If the Administrator determines that, for any cal-
endar month, the Statewide average retail price of
gasoline within California is more than 5 percent
above the baseline average gasoline price for Cali-
fornia, such publication shall include a determina-
tion that the increase in the retail price of gasoline
in California is due to the costs of complying with
the provisions referred to in paragraph (1) unless
the Administrator and the Governor of California
jointly agree (and explain in such publication) that
some or all of the increase in such retail price is due
to factors that are national or international in scope
and not unique to the State of California.
‘‘(3) GASOLINE
FROM
FOREIGN
REFINERIES
PROHIBITED.—During any suspension under para-
graph (1), no gasoline refined outside the United
States and imported into the United States may be
sold at retail in the State of California.
‘‘(4) DEFINITION.—For purposes of this sub-
section, the term ‘baseline average gasoline price’
means, for any calendar month, a Statewide average
price for gasoline sold at retail that is 120 percent
of the Statewide average retail price of gasoline
within California during the 3-calendar year period
preceding the calendar year in which such month oc-
curs.’’.
Æ