I
112th CONGRESS
1st Session
H. R. 2009
IN THE HOUSE OF REPRESENTATIVES
May 26, 2011
Mr. Bilbray (for himself, Mr. Issa, Mr. Moran, Mr. Boren, and Mr. Hunter) introduced the following bill; which was referred to the Committee on Energy and Commerce
A BILL
To amend the Clean Air Act to define next generation biofuel, and to allow States the option of not participating in the corn ethanol portions of the renewable fuel standard due to conflicts with agricultural, economic, energy, or environmental goals.
Short title
This Act may be cited as the
Fuel Feedstock Freedom
Act
.
Next generation biofuel
Definitions
Section 211(o)(1) of the Clean Air Act (42 U.S.C. 7545(o)(1)) is amended—
by redesignating subparagraphs (E), (F), (G), and (H) as subparagraphs (H), (E), (F), and (G), respectively, and moving subparagraph (H) (as so redesignated) to appear before subparagraph (I); and
in subparagraph (H) (as redesignated by
paragraph (1)), by striking Cellulosic biofuel.—
and all that follows
through biomass
and inserting Next generation biofuel.—The
term next generation biofuel means renewable fuel that is derived
from any cellulose, hemicellulose, lignin, or algae that is derived from
renewable biomass or nonethanol renewable fuel that is derived from renewable
biomass
.
Standard
Section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)) is amended—
in paragraph (2)—
in subparagraph
(A)(i), in the second sentence, by striking cellulosic
and
inserting next generation
; and
in subparagraph (B)—
in clause (i)(III)—
in the subclause
heading, by striking Cellulosic
and inserting
Next
generation
;
by striking
cellulosic
and inserting next generation
;
and
in the heading
of the right column, by striking cellulosic
and inserting
next
generation
;
in
clause (ii)(III), by striking cellulosic
and inserting
next generation
; and
in clause (iv)—
in the clause
heading, by striking cellulosic
and inserting
next
generation
; and
by striking
cellulosic
and inserting next generation
;
in paragraphs
(3)(A), (4)(A), and (4)(B), by striking cellulosic
each place it
appears and inserting next generation
; and
in paragraph (7)(D)—
in the
subparagraph heading, by striking Cellulosic
and inserting
next
generation
; and
by striking
cellulosic
each place it appears and inserting next
generation
.
State option of non-participation in renewable fuel standard
Section 211(o)(2)(B) of the Clean Air Act (42 U.S.C. 7545(o)(2)(B)) is amended by adding at the end the following:
Election of non-participation by State government
In general
For purposes of subparagraph (A), the applicable volume of renewable fuel as determined under this subparagraph shall be adjusted in accordance with this clause.
Requirements
On passage by a State legislature and signature by the Governor of the State of a law that elects to not participate in the applicable volume of renewable fuel in accordance with this clause, the Administrator shall allow a State to not participate in the applicable volume of renewable fuel determined under subclause (I) of clause (i), other than the applicable volumes of renewable fuel required under subclauses (II), (III), and (IV) of that clause.
Reduction
On the election of a State under subclause (II), the Administrator shall reduce the applicable volume of renewable fuel determined under clause (i)(I) by the percentage that reflects the national gasoline consumption of the non-participating State that is attributable to that State.
Credits to hold fuel sales harmless
On the election of a State under subclause (II), the Administrator shall provide for the generation of credits for all gasoline (regardless of whether the gasoline is blended) provided through a fuel terminal in the State to be calculated as though the gasoline were blended with the maximum allowable ethanol content of gasoline allowed in that State to apply toward the applicable volume of renewable fuel determined under clause (i)(I).
.