Reliable Home Heating Act

Bill: 113-s-2086
Sponsor: full_name: Sen. Thune, John [R-SD]
Introduced: 2014-03-06
Policy area: Transportation and Public Works
Subjects: Administrative law and regulatory procedures

Department of Transportation

Energy storage, supplies, demand

Government information and archives

Intergovernmental relations

Labor standards

Lighting, heating, cooling

Motor carriers

Oil and gas

Roads and highways

State and local government operations

Transportation safety and security
Latest action: action_date: 2014-06-30
text: Became Public Law No: 113-125.

Summaries:
action_date: 2014-03-06
action_desc: Introduced in Senate
text: <p>Reliable Home Heating Act - Directs the Federal Motor Carrier Safety Administration (FMCSA) to recognize any 30-day emergency period declared by a state governor due to a shortage of residential heating fuel (and up to two additional 30-day periods) as one during which FMCSA federal motor carrier safety regulations shall not apply to any motor carrier or driver operating a commercial motor vehicle providing residential heating fuel in a geographic area designated as under a state of emergency.</p> <p>Defines the term &quot;residential heating fuel&quot; to include heating oil, natural gas, and propane.</p> <p>Directs the Administrator of the Energy Information Administration, using data compiled from the Administration's Weekly Petroleum Status Reports, to notify the governor of each state in a Petroleum Administration for Defense District if that district's inventory of residential heating fuel has been below the most recent five-year average for more than three consecutive weeks.<p>Declares that a covered emergency exemption from FMCSA federal motor carrier safety regulations shall remain in effect until May 31, 2014, unless the Secretary of Transportation (DOT) determines that the emergency for which the exemption was provided ends before that date.</p> <p>Defines &quot;covered emergency exemption&quot; as one issued or extended between February 5, 2014, and the date of enactment of this Act to effect regulatory relief for commercial motor vehicle operations directly assisting the delivery of propane and home heating fuels.</p> <p>States that nothing in this Act may be construed to prohibit the FMCSA from issuing or extending a covered emergency exemption beyond May 31, 2014, under other federal law.</p>

action_date: 2014-05-20
action_desc: Reported to Senate with amendment(s)
text: <p>Reliable Home Heating Act - Directs the Federal Motor Carrier Safety Administration (FMCSA) to recognize any 30-day emergency period declared by a state governor due to a shortage of residential heating fuel (and up to two additional 30-day periods) as one during which FMCSA federal motor carrier safety regulations shall not apply to any motor carrier or driver operating a commercial motor vehicle providing residential heating fuel in a geographic area designated as under a state of emergency.</p> <p>Defines the term &quot;residential heating fuel&quot; to include heating oil, natural gas, and propane.</p> <p>Directs the Administrator of the Energy Information Administration, using data compiled from the Administration's Weekly Petroleum Status Reports, to notify the governor of each state in a Petroleum Administration for Defense District if that district's inventory of residential heating fuel has been below the most recent five-year average for more than three consecutive weeks. <p>Directs the Secretary of Transportation (DOT) to study the impacts on safety from the extension of exemptions issued by the state governors.

action_date: 2014-06-23
action_desc: Passed House without amendment
text: <p><b>(This measure has not been amended since it was reported to the Senate on May 20, 2014. The summary of that version is repeated here.)</b></p> <p>Reliable Home Heating Act - Directs the Federal Motor Carrier Safety Administration (FMCSA) to recognize any 30-day emergency period declared by a state governor due to a shortage of residential heating fuel (and up to two additional 30-day periods) as one during which FMCSA federal motor carrier safety regulations shall not apply to any motor carrier or driver operating a commercial motor vehicle providing residential heating fuel in a geographic area designated as under a state of emergency.</p> <p>Defines the term &quot;residential heating fuel&quot; to include heating oil, natural gas, and propane.</p> <p>Directs the Administrator of the Energy Information Administration, using data compiled from the Administration's Weekly Petroleum Status Reports, to notify the governor of each state in a Petroleum Administration for Defense District if that district's inventory of residential heating fuel has been below the most recent five-year average for more than three consecutive weeks. <p>Directs the Secretary of Transportation (DOT) to study the impacts on safety from the extension of exemptions issued by the state governors.

action_date: 2014-06-30
action_desc: Public Law
text: <p><b>(This measure has not been amended since it was reported to the Senate on May 20, 2014. The summary of that version is repeated here.)</b></p> <p>Reliable Home Heating Act - Directs the Federal Motor Carrier Safety Administration (FMCSA) to recognize any 30-day emergency period declared by a state governor due to a shortage of residential heating fuel (and up to two additional 30-day periods) as one during which FMCSA federal motor carrier safety regulations shall not apply to any motor carrier or driver operating a commercial motor vehicle providing residential heating fuel in a geographic area designated as under a state of emergency.</p> <p>Defines the term &quot;residential heating fuel&quot; to include heating oil, natural gas, and propane.</p> <p>Directs the Administrator of the Energy Information Administration, using data compiled from the Administration's Weekly Petroleum Status Reports, to notify the governor of each state in a Petroleum Administration for Defense District if that district's inventory of residential heating fuel has been below the most recent five-year average for more than three consecutive weeks. <p>Directs the Secretary of Transportation (DOT) to study the impacts on safety from the extension of exemptions issued by the state governors.

tv_txt: II 113th CONGRESS 2d Session S. 2086 IN THE SENATE OF THE UNITED STATES March 6, 2014 Mr. Thune (for himself, Ms. Klobuchar , Mr. Coats , and Mr. Blunt ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To address current emergency shortages of propane and other home heating fuels and to provide greater flexibility and information for Governors to address such emergencies in the future.

1. Short title This Act may be cited as the Reliable Home Heating Act . 2. Authority to extend emergency declarations for purposes of temporarily exempting motor carriers providing emergency relief from certain safety regulations (a) Defined term In this Act, the term residential heating fuel includes— (1) heating oil; (2) natural gas; and (3) propane. (b) Authorization If the Governor of a State declares a state of emergency caused by a shortage of residential heating fuel and, at the conclusion of the initial 30-day emergency period (or a second 30-day emergency period authorized under this subsection), the Governor determines that the emergency shortage has not ended, any extension of such state of emergency by the Governor, up to 2 additional 30-day periods, shall be recognized by the Federal Motor Carrier Safety Administration as a period during which parts 390 through 399 of chapter III of title 49, Code of Federal Regulations, shall not apply to any motor carrier or driver operating a commercial motor vehicle to provide residential heating fuel in the geographic area so designated as under a state of emergency. (c) Rulemaking The Secretary of Transportation shall amend section 390.23(a)(1)(ii) of title 49, Code of Federal Regulations, to conform to the provision set forth in subsection (b). (d) Savings provision Nothing in this section may be construed to modify the authority granted to the Federal Motor Carrier Safety Administration’s Field Administrator under section 390.23(a) of title 49, Code of Federal Regulations, to offer temporary exemptions from parts 390 through 399 of such title. 3. Energy Information Administration notification requirement The Administrator of the Energy Information Administration, using data compiled from the Administration’s Weekly Petroleum Status Reports, shall notify the Governor of each State in a Petroleum Administration for Defense District if the inventory of residential heating fuel within such district has been below the most recent 5-year average for more than 3 consecutive weeks. 4. Propane and home heating fuel emergency transportation (a) In general Notwithstanding any other provision of law, a covered emergency exemption issued by the Federal Motor Carrier Safety Administration shall remain in effect until May 31, 2014, unless the Secretary of Transportation, after consultation with the Governors of affected States, determines that the emergency for which the exemption was provided ends before that date. (b) Covered emergency exemption defined In this section, the term covered emergency exemption means an exemption issued under section 390.23 of title 49, Code of Federal Regulations, or extended under section 390.25 of such title that— (1) was issued or extended during the period beginning on February 5, 2014, and ending on the date of enactment of this Act; and (2) provided regulatory relief for commercial motor vehicle operations providing direct assistance supporting the delivery of propane and home heating fuels. (c) Rule of construction Nothing in subsection (a) may be construed to prohibit the Federal Motor Carrier Safety Administration from issuing or extending a covered emergency exemption beyond May 31, 2014, under other Federal law.

tv_txt: 113th CONGRESS 2d Session S. 2086 IN THE SENATE OF THE UNITED STATES AN ACT To address current emergency shortages of propane and other home heating fuels and to provide greater flexibility and information for Governors to address such emergencies in the future.

1. Short title This Act may be cited as the Reliable Home Heating Act . 2. Authority to extend emergency declarations for purposes of temporarily exempting motor carriers providing emergency relief from certain safety regulations (a) Defined term In this Act, the term residential heating fuel includes— (1) heating oil; (2) natural gas; and (3) propane. (b) Authorization If the Governor of a State declares a state of emergency caused by a shortage of residential heating fuel and, at the conclusion of the initial 30-day emergency period (or a second 30-day emergency period authorized under this subsection), the Governor determines that the emergency shortage has not ended, any extension of such state of emergency by the Governor, up to 2 additional 30-day periods, shall be recognized by the Federal Motor Carrier Safety Administration as a period during which parts 390 through 399 of chapter III of title 49, Code of Federal Regulations, shall not apply to any motor carrier or driver operating a commercial motor vehicle to provide residential heating fuel in the geographic area so designated as under a state of emergency. (c) Rulemaking The Secretary of Transportation shall amend section 390.23(a)(1)(ii) of title 49, Code of Federal Regulations, to conform to the provision set forth in subsection (b). (d) Savings provision Nothing in this section may be construed to modify the authority granted to the Federal Motor Carrier Safety Administration’s Field Administrator under section 390.23(a) of title 49, Code of Federal Regulations, to offer temporary exemptions from parts 390 through 399 of such title. 3. Energy Information Administration notification requirement The Administrator of the Energy Information Administration, using data compiled from the Administration’s Weekly Petroleum Status Reports, shall notify the Governor of each State in a Petroleum Administration for Defense District if the inventory of residential heating fuel within such district has been below the most recent 5-year average for more than 3 consecutive weeks. 4. Review Not later than 12 months after the date of enactment of this Act, the Secretary of Transportation shall conduct a study of, and transmit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives, a report on the impacts of safety from the extensions issued by Governors according to this Act. In conducting the study, the Secretary shall review, at a minimum— (1) the safety implications of extending exemptions; and (2) a review of the exemption process to ensure clarity and efficiency during emergencies.

Passed the Senate May 21, 2014. Secretary

tv_txt: II Calendar No. 379 113th CONGRESS 2d Session S. 2086 [Report No. 113–162] IN THE SENATE OF THE UNITED STATES March 6, 2014 Mr. Thune (for himself, Ms. Klobuchar , Mr. Coats , Mr. Blunt , Mr. Hoeven , Ms. Ayotte , Mr. Chambliss , Mrs. Fischer , Mrs. McCaskill , and Mr. Johnson of South Dakota ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation May 20, 2014 Reported by Mr. Rockefeller , with an amendment Strike out all after the enacting clause and insert the part printed in italic A BILL To address current emergency shortages of propane and other home heating fuels and to provide greater flexibility and information for Governors to address such emergencies in the future.

1. Short title This Act may be cited as the Reliable Home Heating Act . 2. Authority to extend emergency declarations for purposes of temporarily exempting motor carriers providing emergency relief from certain safety regulations (a) Defined term In this Act, the term residential heating fuel includes— (1) heating oil; (2) natural gas; and (3) propane. (b) Authorization If the Governor of a State declares a state of emergency caused by a shortage of residential heating fuel and, at the conclusion of the initial 30-day emergency period (or a second 30-day emergency period authorized under this subsection), the Governor determines that the emergency shortage has not ended, any extension of such state of emergency by the Governor, up to 2 additional 30-day periods, shall be recognized by the Federal Motor Carrier Safety Administration as a period during which parts 390 through 399 of chapter III of title 49, Code of Federal Regulations, shall not apply to any motor carrier or driver operating a commercial motor vehicle to provide residential heating fuel in the geographic area so designated as under a state of emergency. (c) Rulemaking The Secretary of Transportation shall amend section 390.23(a)(1)(ii) of title 49, Code of Federal Regulations, to conform to the provision set forth in subsection (b). (d) Savings provision Nothing in this section may be construed to modify the authority granted to the Federal Motor Carrier Safety Administration’s Field Administrator under section 390.23(a) of title 49, Code of Federal Regulations, to offer temporary exemptions from parts 390 through 399 of such title. 3. Energy Information Administration notification requirement The Administrator of the Energy Information Administration, using data compiled from the Administration’s Weekly Petroleum Status Reports, shall notify the Governor of each State in a Petroleum Administration for Defense District if the inventory of residential heating fuel within such district has been below the most recent 5-year average for more than 3 consecutive weeks. 4. Propane and home heating fuel emergency transportation (a) In general Notwithstanding any other provision of law, a covered emergency exemption issued by the Federal Motor Carrier Safety Administration shall remain in effect until May 31, 2014, unless the Secretary of Transportation, after consultation with the Governors of affected States, determines that the emergency for which the exemption was provided ends before that date. (b) Covered emergency exemption defined In this section, the term covered emergency exemption means an exemption issued under section 390.23 of title 49, Code of Federal Regulations, or extended under section 390.25 of such title that— (1) was issued or extended during the period beginning on February 5, 2014, and ending on the date of enactment of this Act; and (2) provided regulatory relief for commercial motor vehicle operations providing direct assistance supporting the delivery of propane and home heating fuels. (c) Rule of construction Nothing in subsection (a) may be construed to prohibit the Federal Motor Carrier Safety Administration from issuing or extending a covered emergency exemption beyond May 31, 2014, under other Federal law.

1. Short title This Act may be cited as the Reliable Home Heating Act . 2. Authority to extend emergency declarations for purposes of temporarily exempting motor carriers providing emergency relief from certain safety regulations (a) Defined term In this Act, the term residential heating fuel includes— (1) heating oil; (2) natural gas; and (3) propane. (b) Authorization If the Governor of a State declares a state of emergency caused by a shortage of residential heating fuel and, at the conclusion of the initial 30-day emergency period (or a second 30-day emergency period authorized under this subsection), the Governor determines that the emergency shortage has not ended, any extension of such state of emergency by the Governor, up to 2 additional 30-day periods, shall be recognized by the Federal Motor Carrier Safety Administration as a period during which parts 390 through 399 of chapter III of title 49, Code of Federal Regulations, shall not apply to any motor carrier or driver operating a commercial motor vehicle to provide residential heating fuel in the geographic area so designated as under a state of emergency. (c) Rulemaking The Secretary of Transportation shall amend section 390.23(a)(1)(ii) of title 49, Code of Federal Regulations, to conform to the provision set forth in subsection (b). (d) Savings provision Nothing in this section may be construed to modify the authority granted to the Federal Motor Carrier Safety Administration’s Field Administrator under section 390.23(a) of title 49, Code of Federal Regulations, to offer temporary exemptions from parts 390 through 399 of such title. 3. Energy Information Administration notification requirement The Administrator of the Energy Information Administration, using data compiled from the Administration’s Weekly Petroleum Status Reports, shall notify the Governor of each State in a Petroleum Administration for Defense District if the inventory of residential heating fuel within such district has been below the most recent 5-year average for more than 3 consecutive weeks. 4. Review Not later than 12 months after the date of enactment of this Act, the Secretary of Transportation shall conduct a study of, and transmit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives, a report on the impacts of safety from the extensions issued by Governors according to this Act. In conducting the study, the Secretary shall review, at a minimum— (1) the safety implications of extending exemptions; and (2) a review of the exemption process to ensure clarity and efficiency during emergencies.

May 20, 2014 Reported with an amendment

tv_txt: IC 113th CONGRESS 2d Session S. 2086 IN THE HOUSE OF REPRESENTATIVES May 22, 2014 Referred to the Committee on Transportation and Infrastructure , and in addition to the Committee on Energy and Commerce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned AN ACT To address current emergency shortages of propane and other home heating fuels and to provide greater flexibility and information for Governors to address such emergencies in the future.

1. Short title This Act may be cited as the Reliable Home Heating Act . 2. Authority to extend emergency declarations for purposes of temporarily exempting motor carriers providing emergency relief from certain safety regulations (a) Defined term In this Act, the term residential heating fuel includes— (1) heating oil; (2) natural gas; and (3) propane. (b) Authorization If the Governor of a State declares a state of emergency caused by a shortage of residential heating fuel and, at the conclusion of the initial 30-day emergency period (or a second 30-day emergency period authorized under this subsection), the Governor determines that the emergency shortage has not ended, any extension of such state of emergency by the Governor, up to 2 additional 30-day periods, shall be recognized by the Federal Motor Carrier Safety Administration as a period during which parts 390 through 399 of chapter III of title 49, Code of Federal Regulations, shall not apply to any motor carrier or driver operating a commercial motor vehicle to provide residential heating fuel in the geographic area so designated as under a state of emergency. (c) Rulemaking The Secretary of Transportation shall amend section 390.23(a)(1)(ii) of title 49, Code of Federal Regulations, to conform to the provision set forth in subsection (b). (d) Savings provision Nothing in this section may be construed to modify the authority granted to the Federal Motor Carrier Safety Administration’s Field Administrator under section 390.23(a) of title 49, Code of Federal Regulations, to offer temporary exemptions from parts 390 through 399 of such title. 3. Energy Information Administration notification requirement The Administrator of the Energy Information Administration, using data compiled from the Administration’s Weekly Petroleum Status Reports, shall notify the Governor of each State in a Petroleum Administration for Defense District if the inventory of residential heating fuel within such district has been below the most recent 5-year average for more than 3 consecutive weeks. 4. Review Not later than 12 months after the date of enactment of this Act, the Secretary of Transportation shall conduct a study of, and transmit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives, a report on the impacts of safety from the extensions issued by Governors according to this Act. In conducting the study, the Secretary shall review, at a minimum— (1) the safety implications of extending exemptions; and (2) a review of the exemption process to ensure clarity and efficiency during emergencies.

Passed the Senate May 21, 2014. Nancy Erickson, Secretary

tv_txt: One Hundred Thirteenth Congress of the United States of America 2d Session Begun and held at the City of Washington on Friday, the third day of January, two thousand and fourteen S. 2086 IN THE SENATE OF THE UNITED STATES AN ACT To address current emergency shortages of propane and other home heating fuels and to provide greater flexibility and information for Governors to address such emergencies in the future.

1. Short title This Act may be cited as the Reliable Home Heating Act . 2. Authority to extend emergency declarations for purposes of temporarily exempting motor carriers providing emergency relief from certain safety regulations (a) Defined term In this Act, the term residential heating fuel includes— (1) heating oil; (2) natural gas; and (3) propane. (b) Authorization If the Governor of a State declares a state of emergency caused by a shortage of residential heating fuel and, at the conclusion of the initial 30-day emergency period (or a second 30-day emergency period authorized under this subsection), the Governor determines that the emergency shortage has not ended, any extension of such state of emergency by the Governor, up to 2 additional 30-day periods, shall be recognized by the Federal Motor Carrier Safety Administration as a period during which parts 390 through 399 of chapter III of title 49, Code of Federal Regulations, shall not apply to any motor carrier or driver operating a commercial motor vehicle to provide residential heating fuel in the geographic area so designated as under a state of emergency. (c) Rulemaking The Secretary of Transportation shall amend section 390.23(a)(1)(ii) of title 49, Code of Federal Regulations, to conform to the provision set forth in subsection (b). (d) Savings provision Nothing in this section may be construed to modify the authority granted to the Federal Motor Carrier Safety Administration’s Field Administrator under section 390.23(a) of title 49, Code of Federal Regulations, to offer temporary exemptions from parts 390 through 399 of such title. 3. Energy Information Administration notification requirement The Administrator of the Energy Information Administration, using data compiled from the Administration’s Weekly Petroleum Status Reports, shall notify the Governor of each State in a Petroleum Administration for Defense District if the inventory of residential heating fuel within such district has been below the most recent 5-year average for more than 3 consecutive weeks. 4. Review Not later than 12 months after the date of enactment of this Act, the Secretary of Transportation shall conduct a study of, and transmit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives, a report on the impacts of safety from the extensions issued by Governors according to this Act. In conducting the study, the Secretary shall review, at a minimum— (1) the safety implications of extending exemptions; and (2) a review of the exemption process to ensure clarity and efficiency during emergencies.

Speaker of the House of Representatives Vice President of the United States and President of the Senate