[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1741 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 1741
To amend the Clean Air Act to prohibit electric vehicle original
equipment manufacturers from participating in the renewable fuel
program, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 18, 2023
Mr. Grassley (for himself and Mr. Cornyn) introduced the following
bill; which was read twice and referred to the Committee on Environment
and Public Works
_______________________________________________________________________
A BILL
To amend the Clean Air Act to prohibit electric vehicle original
equipment manufacturers from participating in the renewable fuel
program, 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 ``No Fuel Credits for Batteries Act of
2023''.
SEC. 2. REVISIONS TO CREDIT PROGRAM.
(a) Amendments.--Section 211(o)(5) of the Clean Air Act (42 U.S.C.
7545(o)(5)) is amended--
(1) in subparagraph (A)--
(A) in clause (ii), by striking ``and'' at the end;
(B) in clause (iii), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(iv) for the prohibition of generation of
credits by electric vehicle original equipment
manufacturers (as defined in section 3(a) of
the No Fuel Credits for Batteries Act of
2023).'';
(2) in subparagraph (B)--
(A) by striking ``A person'' and inserting the
following:
``(i) In general.--Except as provided in
clause (ii), a person''; and
(B) by adding at the end the following:
``(ii) Exception.--A person that is an
electric vehicle original equipment
manufacturer (as defined in section 3(a) of the
No Fuel Credits for Batteries Act of 2023) may
not, for the purpose of complying with
paragraph (2), use or transfer all or a portion
of the credits to another person.''; and
(3) in subparagraph (E)--
(A) by striking the period at the end and inserting
``; and'';
(B) by striking ``Administrator; and (ii) for the
use'' and inserting the following: ``Administrator;
``(ii) for the use'';
(C) by striking ``regulations providing: (i) for
the generation'' and inserting the following:
``regulations providing--
``(i) for the generation''; and
(D) by adding at the end the following:
``(iii) for the prohibition of the
generation, use, or transfer of the appropriate
amount of credits by electric vehicle original
equipment manufacturers (as defined in section
3(a) of the No Fuel Credits for Batteries Act
of 2023) for additional renewable fuel.''.
(b) Regulations.--Not later than 180 days after the date of
enactment of this Act, the Administrator of the Environmental
Protection Agency shall promulgate a final rule to carry out the
amendments made by subsection (a).
(c) Effective Date.--The amendments made by subsection (a) take
effect on January 1, 2024.
SEC. 3. INELIGIBILITY FOR RENEWABLE FUEL STANDARD.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Electric vehicle original equipment manufacturer.--The
term ``electric vehicle original equipment manufacturer'' means
the original equipment manufacturer of--
(A) an electric light-duty vehicle; or
(B) an electric light-duty truck.
(3) Proposed erin program.--The term ``proposed eRIN
program'' means the program governing the generation of
renewable identification numbers representing renewable
electricity by electric vehicle original equipment
manufacturers, as described in--
(A) the proposed rule of the Environmental
Protection Agency entitled ``Renewable Fuel Standard
(RFS) Program: Standards for 2023-2025 and Other
Changes'' (87 Fed. Reg. 80582 (December 30, 2022)) (or
any successor or substantially related proposal);
(B) the regulatory impact analysis of the
Assessment and Standards Division of the Office of
Transportation and Air Quality of the Environmental
Protection Agency entitled ``Draft Regulatory Impact
Analysis: RFS Standards for 2023-2025 and Other
Changes'', with docket number EPA-HQ-OAR-2021-0427-
0267, and dated November 2022; and
(C) the memorandum of the Office of Transportation
and Air Quality of the Environmental Protection Agency
entitled ``Examples of RIN generation under the
proposed RFS eRIN provisions'', with docket number EPA-
HQ-OAR-2021-0427-0032, and dated November 22, 2022.
(4) Renewable fuel.--The term ``renewable fuel'' has the
meaning given the term in section 211(o)(1) of the Clean Air
Act (42 U.S.C. 7545(o)(1)).
(5) 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)).
(6) Renewable identification number.--The term ``renewable
identification number'' has the meaning given the term
``Renewable Identification Number (RIN)'' in section 80.1401 of
title 40, Code of Federal Regulations (or a successor
regulation).
(b) Rule Required.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall promulgate a final rule
revising the regulations for carrying out the renewable fuel program
that--
(1) in accordance with the amendments made by section 2(a),
makes electric vehicle original equipment manufacturers
ineligible for the generation, use, or transfer of renewable
electricity renewable identification numbers for compliance
with, or any other purpose under, the renewable fuel program;
(2) withdraws the proposed eRIN program;
(3) maintains the current equivalence value for renewable
electricity as described in section 80.1415 of title 40, Code
of Federal Regulations (as in effect on the date of enactment
of this Act); and
(4) eliminates the provisions of the proposed rule
described in subsection (a)(3)(A) affiliated with the proposed
eRIN program.
(c) Effective Date of Regulations.--The final rule required under
subsection (b) shall take effect on January 1, 2024.
SEC. 4. SAVINGS PROVISION.
Nothing in this Act or an amendment made by this Act limits the
authority of the Administrator of the Environmental Protection Agency
to approve new fuel pathways or review existing fuel pathways under the
renewable fuel program under section 211(o) of the Clean Air Act (42
U.S.C. 7545(o)).
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