[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1962 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                S. 1962

  To provide increased funding and opportunities to achieve national, 
long-term production goals for sustainable aviation fuel, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 13, 2023

  Mr. Warnock (for himself, Ms. Duckworth, Mr. Ossoff, and Mr. Brown) 
introduced the following bill; which was read twice and referred to the 
           Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
  To provide increased funding and opportunities to achieve national, 
long-term production goals for sustainable aviation fuel, 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 ``Advancing Aviation Emissions 
Reduction Opportunities Act'' or the ``AAERO Act''.

SEC. 2. ALTERNATIVE FUEL AND LOW-EMISSION AVIATION TECHNOLOGY PROGRAM.

    (a) In General.--Section 40007 of Public Law 117-169 (49 U.S.C. 
44504 note) is amended--
            (1) in subsection (b)--
                    (A) by redesignating paragraphs (2) through (5) as 
                paragraphs (4) through (7), respectively;
                    (B) by redesignating paragraph (1) as paragraph 
                (2);
                    (C) by inserting before paragraph (2) (as 
                redesignated by subparagraph (B)), the following:
            ``(1) the importance of using grants to assist with capital 
        expenditures for facilities deploying technologies that are 
        scalable and can help meet national long-term sustainable 
        aviation fuel production goals established under the 
        Sustainable Aviation Fuel Grand Challenge Memorandum;''; and
                    (D) by inserting after paragraph (2) (as 
                redesignated by subparagraph (B)), the following:
            ``(3) the capacity of the project to scale to help meet 
        national long-term sustainable aviation fuel production goals 
        established under the Sustainable Aviation Fuel Grand Challenge 
        Memorandum;'';
            (2) in subsection (c)--
                    (A) by striking ``shall be 75 percent'' and 
                inserting ``shall not exceed 75 percent'';
                    (B) by striking ``shall increase to 90 percent'' 
                and inserting ``may be increased to 90 percent''; and
                    (C) by inserting ``, and requests an increase in 
                the Federal share'' before the period;
            (3) by striking subsection (d) and inserting the following:
    ``(d) Lifecycle Greenhouse Gas Emissions Reduction Percentage.--For 
purposes of subsection (e)(6)(C), the term ```lifecycle greenhouse gas 
emissions reduction percentage''' means, with respect to any 
sustainable aviation fuel, the percentage reduction in lifecycle 
greenhouse gas emissions achieved by such fuel as compared with 
petroleum-based jet fuel, as defined in accordance with any one or more 
of the following:
            ``(1) The most recent Carbon Offsetting and Reduction 
        Scheme for International Aviation which has been adopted by the 
        International Civil Aviation Organization with the agreement of 
        the United States.
            ``(2) The most recent version of the Argonne National 
        Laboratory Greenhouse gases, Regulated Emissions, and Energy 
        use in Technologies (GREET) model, as determined by the 
        Secretary of Energy.
            ``(3) Any similar methodology which satisfies the criteria 
        under section 211(o)(1)(H) of the Clean Air Act (42 U.S.C. 
        7545(o)(1)(H)), as in effect on the date of enactment of this 
        section, including the methodology established by the 
        Environmental Protection Agency under subpart M of part 80 of 
        title 40, Code of Federal Regulations.'';
            (4) in subsection (e)--
                    (A) by striking paragraphs (3) and (4), and 
                inserting the following;
            ``(3) Lifecycle greenhouse gas emissions.--Subject to 
        subsection (d), the term `lifecycle greenhouse gas emissions' 
        means the aggregate quantity of greenhouse gas emissions 
        (including direct emissions and significant indirect emissions 
        such as significant emissions from land use changes) related to 
        the full fuel lifecycle, including all stages of fuel and 
        feedstock production and distribution, from feedstock 
        generation or extraction through the distribution and delivery 
        and use of the finished fuel to the ultimate consumer, where 
        the mass values for all greenhouse gases are adjusted to 
        account for their relative global warming potential.'';
                    (B) by redesignating paragraphs (5) and (6) as 
                paragraphs (4) and (5), respectively;
                    (C) in paragraph (4)(B) (as redesignated by 
                subparagraph (B)), by striking ``increase utilization'' 
                and inserting ``develop, demonstrate, apply, or produce 
                sustainable aviation fuel that is likely to result in 
                the increased utilization''; and
                    (D) by striking paragraph (7) and inserting the 
                following:
            ``(6) Sustainable aviation fuel.--The term ```sustainable 
        aviation fuel''' means liquid fuel, the portion of which is not 
        kerosene, which--
                    ``(A) meets the requirements of--
                            ``(i) ASTM International Standard D7566; or
                            ``(ii) the co-processing provisions of ASTM 
                        International Standard D1655, Annex A1 (or such 
                        successor standard);
                    ``(B) is not derived from palm fatty acid 
                distillates or petroleum; and
                    ``(C) in accordance with subsection (d), achieves a 
                lifecycle greenhouse gas emissions reduction percentage 
                of at least 50 percent.
            ``(7) Sustainable aviation fuel grand challenge 
        memorandum.--The term `Sustainable Aviation Fuel Grand 
        Challenge Memorandum' means the Memorandum of Understanding 
        among the Department of Energy, the Department of 
        Transportation, and the Department of Agriculture (relating to 
        launching a government-wide Sustainable Aviation Fuel Grand 
        Challenge (the Grand Challenge) to reduce the cost, enhance the 
        sustainability, and expand the production and use of 
        Sustainable Aviation Fuel (SAF) that achieves a minimum of a 50 
        percent reduction in lifecycle greenhouse gas (GHG) emissions 
        compared to conventional fuel to meet a goal of supplying 
        sufficient SAF to meet 100 percent of aviation fuel demand by 
        2050), signed on September 8, 2021.''; and
            (5) by adding at the end the following:
    ``(f) Additional Funding.--In addition to the amounts appropriated 
under subsection (a), there is authorized to be appropriated to the 
Secretary for fiscal year 2024, to remain available until expended--
            ``(1) $489,258,000 for projects described in subsection 
        (a)(1);
            ``(2) $209,682,000 for projects described in subsection 
        (a)(2); and
            ``(3) $4,060,000 to carry out subsection (a)(3).''.
    (b) Retroactive Effective Date.--The amendments made by subsection 
(a) shall take effect as if included in the enactment of section 40007 
of Public Law 117-169.
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