[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5899 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 5899
To direct the Administrator of the Environmental Protection Agency to
provide for the generation of Renewable Identification Numbers under
the renewable fuel program for electricity from renewable biomass, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 5, 2021
Mr. Garamendi introduced the following bill; which was referred to the
Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To direct the Administrator of the Environmental Protection Agency to
provide for the generation of Renewable Identification Numbers under
the renewable fuel program for electricity from renewable biomass, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Biomass and Biogas for Electric
Vehicles Act''.
SEC. 2. RENEWABLE ELECTRICITY UNDER THE RENEWABLE FUEL PROGRAM.
(a) In General.--The Administrator shall, with respect to
electricity from renewable biomass used as a transportation fuel--
(1) provide for the generation of Renewable Identification
Numbers under the renewable fuel program in accordance with the
maximum quotas determined under subsection (b)(3) (except as
provided in subsection (c)); and
(2) allow only the operator of a registered facility to
generate Renewable Identification Numbers with respect to such
electricity.
(b) Requirements.--
(1) Estimate.--In carrying out subsection (a), the
Administrator shall estimate the total electricity usage
attributable to transportation fuel for electric vehicles in
the United States.
(2) Data sources.--In carrying out this subsection, the
Administrator shall use--
(A) data from the Energy Information
Administration;
(B) data from the Department of Transportation;
(C) vehicle registration data from each State;
(D) Federal or State pilot programs for determining
vehicle miles traveled or average fuel economy for
electric vehicles;
(E) information on electric vehicle tax credits
from the Internal Revenue Service; and
(F) other information the Administrator determines
appropriate.
(3) Quota for registered facilities.--In carrying out
subsection (a), the Administrator shall, for each calendar
year, set a maximum quota for the Renewable Identification
Numbers that may be generated by a registered facility that
does not exceed lesser of--
(A) the maximum design capacity of such facility;
or
(B) the quantity of electricity equal to--
(i) the share of electricity generated by
the registered facility from renewable biomass
relative to the total quantity of electricity
generated by all registered facilities from
renewable biomass during such calendar year;
multiplied by
(ii) the estimate under paragraph (1) for
such calendar year.
(4) Retirement.--In carrying out this section, the
Administrator shall, for each calendar year, require a
registered facility to retire any Renewable Identification
Numbers generated in excess of the cumulative maximum quota for
such registered facility under paragraph (3) by a compliance
deadline set annually by the Administrator.
(c) Exception.--The Administrator shall not apply the provisions of
this section in the case of a registered facility that has a written
contract or affidavit for the sale or use of a specific quantity of
electricity from renewable biomass for use as a transportation fuel.
(d) Timely Review of Petitions and Registrations.--The
Administrator shall review and make a determination for pathway
petitions and registration requests--
(1) in the case of a complete pathway petition or
registration request, by not later than the day that is 365
days after the date of submission of such petition or request
(irrespective of whether the final rule required by subsection
(g) has been promulgated as of such day); and
(2) in the case of other pathway petitions and registration
requests, in a timely and expeditious manner.
(e) Public Disclosure.--The Administrator shall publish on the
public internet website of the Environmental Protection Agency, and
update each calendar year on a quarterly basis, the following:
(1) With respect to each pathway petition that is pending,
approved, or denied on or after the date of enactment of this
Act:
(A) The date such pathway petition is submitted to
the Environmental Protection Agency.
(B) The date any fee assessed pursuant to
subsection (f) is collected by the Environmental
Protection Agency.
(C) The date the Administrator determines that such
pathway petition is complete.
(D) The date such pathway petition is approved or
denied by the Administrator.
(2) With respect to each registration request that is
pending, approved, or denied on or after the date of enactment
of this Act:
(A) The date such registration request is submitted
to the Environmental Protection Agency.
(B) The date any fee assessed pursuant to
subsection (f) is collected by the Environmental
Protection Agency.
(C) The date the Administrator determines that such
registration request is complete.
(D) The date such registration request is approved
or denied by the Administrator.
(f) Fees.--
(1) Assessment and collection.--The Administrator may
assess and collect a fee, in amounts determined by the
Administrator necessary to cover the costs described in
paragraph (2), from the operator of a facility that submits,
updates, or renews--
(A) a pathway petition; or
(B) a registration request.
(2) Use of fees.--A fee assessed and collected pursuant to
paragraph (1) shall be available, without further appropriation
or fiscal year limitation, for use by the Administrator for the
costs of--
(A) reviewing pathway petitions, including any
associated costs for personnel;
(B) reviewing registration requests, including any
associated costs for personnel; and
(C) otherwise carrying out this Act.
(3) Refund.--If the Administrator has not completed a
review of a complete pathway petition or registration request
for which a fee has been assessed and collected pursuant to
paragraph (1) not later than 12 months after the date of such
collection--
(A) the operator of a facility that submitted such
pathway petition or registration request may request a
refund of such fee;
(B) not later than 90 days after receiving such
request, the Administrator shall issue a full refund of
such fee; and
(C) the Administrator shall complete review and
disposition of such pathway petition or registration
request without imposing any further fee under this
section for such process.
(4) Waiver.--The Administrator may, at the Administrator's
discretion, waive the fee under paragraph (1)--
(A) for an electric utility that is wholly owned by
a State, territorial, or Tribal government (including
any political subdivision thereof); or
(B) if the Administrator determines that such
waiver is in the public interest.
(g) Rule.--Not later that 2 years after the date of enactment of
this Act, the Administrator shall, for purposes of carrying out this
Act, promulgate a final rule revising the regulations issued under
section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)).
(h) Definitions.--
(1) In general.--In this Act:
(A) Administrator.--The term ``Administrator''
means the Administrator of the Environmental Protection
Agency.
(B) Electric utility.--The term ``electric
utility'' has the meaning given such term in section
3(22) of the Federal Power Act (16 U.S.C. 796(22)).
(C) Pathway petition.--The term ``pathway
petition'' means a petition for approval of a fuel
pathway that has electricity from renewable biomass as
a fuel type under the renewable fuel program.
(D) Registered facility.--The term ``registered
facility'' means a facility that is registered under
the renewable fuel program for a fuel pathway that has
electricity from renewable biomass as a fuel type under
such program.
(E) Registration request.--The term ``registration
request'' means a request for registration of a
facility producing electricity from renewable biomass
under an approved fuel pathway under the renewable fuel
program.
(F) Renewable biomass.--The term ``renewable
biomass'' has the meaning given such term in section
211(o) of the Clean Air Act (42 U.S.C. 7545(o)) and
regulations thereunder (or any successor regulations).
(G) Renewable fuel program.--The term ``renewable
fuel program'' means the renewable fuel program under
section 211(o) of the Clean Air Act (42 U.S.C.
7545(o)).
(H) Transportation fuel.--The ``transportation
fuel'' has the meaning given such term in section
211(o)(1) of the Clean Air Act (42 U.S.C. 7545(o)(1))
and regulations thereunder (or any successor
regulations).
SEC. 3. ELIMINATION OF RESTRICTION ON RENEWABLE BIOMASS FROM FEDERAL
FORESTLANDS.
Section 211(o)(1)(I) of the Clean Air Act (42 U.S.C. 7545(o)(1)(I))
is amended--
(1) in clause (i), by striking ``non-federal''; and
(2) in clause (ii), by striking ``that are from non-federal
forestlands, including forestlands'' and inserting ``from
forestlands, including those on public lands and those''.
SEC. 4. TECHNICAL CORRECTIONS.
(a) Section 211(o)(1)(G) of the Clean Air Act (42 U.S.C.
7545(o)(1)(G)) is amended by inserting ``and'' before ``sulfur
hexafluoride''.
(b) Subparagraph (C) of section 211(o)(11) of the Clean Air Act (42
U.S.C. 7545(o)(11)) is amended to read as follows:
``(C) the impacts of the requirements described in
subparagraph (B) of paragraph (2) on each individual
and entity described in subparagraph (A)(iii)(I),
(A)(iv), or (B)(ii)(V) of paragraph (2).''.
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