II 113th CONGRESS 1st Session S. 1073 IN THE SENATE OF THE UNITED STATES May 23, 2013 Ms. Klobuchar (for herself, Mr. Franken , and Mr. Hoeven ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the Energy Independence and Security Act of 2007 to improve the coordination of refinery outages, and for other purposes.

1. Short title This Act may be cited as the Gas Price and Refinery Capacity Relief Act of 2013 . 2. Coordination of refinery outages Section 804 of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17283 ) is amended to read as follows: 804. Coordination of refinery outages (a) Definitions In this section: (1) Administrator The term Administrator means the Administrator of the Energy Information Administration. (2) Planned refinery outage The term planned refinery outage means a removal, scheduled before the date on which the removal occurs, of a refinery, or any unit of a refinery, from service for maintenance, repair, or modification. (3) Refined petroleum product The term refined petroleum product means any gasoline, diesel fuel, fuel oil, lubricating oil, liquid petroleum gas, or other petroleum distillate that is produced through the refining or processing of crude oil or an oil derived from tar sands, shale, or coal. (4) Refinery The term refinery means a facility used in the production of a refined petroleum product through distillation, cracking, or any other process. (5) Unplanned refinery outage The unplanned refinery outage means the removal of a refinery, or any unit of a refinery, from service that is not scheduled in advance. (b) Reporting requirement The owner or operator of a refinery shall submit to the Administrator information describing— (1) the schedule of the refinery for any planned refinery outage, including— (A) the dates for the planned refinery outage at least 1 year in advance of the date of the expected outage or the date the outage is scheduled; and (B) the estimated inventories and production of refined petroleum products during the period described in subparagraph (A); and (2) any unplanned refinery outages as soon as practicable (c) Review and analysis of available information The Administrator shall, on an ongoing basis— (1) review information on planned refinery outages and unplanned refinery outages— (A) reported by refineries under subsection (b); and (B) that is available from commercial reporting services; (2) analyze that information to determine whether the scheduling of a planned refinery outage or an unplanned refinery outage may nationally or regionally substantially affect the price or supply of any refined petroleum product by— (A) decreasing the production of the refined petroleum product; and (B) causing or contributing to a retail or wholesale supply shortage or disruption; and (3) alert the Secretary of any refinery outage that the Administrator determines may nationally or regionally substantially affect the price or supply of a refined petroleum product. (d) Action by Secretary On a determination by the Secretary that a refinery outage may affect the price or supply of a refined petroleum product, the Secretary shall make available to refinery operators information on planned refinery outages or unplanned refinery outages to prevent significant market disruptions. (e) Limitation Nothing in this section— (1) alters any existing legal obligation or responsibility of a refinery operator; (2) creates any legal right of action; or (3) authorizes the Secretary— (A) to prohibit a refinery operator from conducting a planned refinery outage; or (B) to require a refinery operator to continue to operate a refinery. (f) Study on national strategic refined petroleum products reserve (1) In general Not later than 180 days after the date of enactment of this subsection, the Secretary shall study and submit to Congress a report on the costs and benefits of creating a national strategic refined petroleum products reserve for refined petroleum products. (2) Information The report required under paragraph (1) shall include information on— (A) the days of existing storage capabilities within the different petroleum administration defense districts based on normal usage of refined petroleum products; (B) the feasibility of increasing storage capacity for refined petroleum products on a regional basis; and (C) the impact additional storage capacity would have on the retail price of refined petroleum products for consumers in the event of a supply shortage or market disruption from a natural disaster or refinery outage. .