[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3899 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
2d Session
S. 3899
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 SENATE OF THE UNITED STATES
March 11, 2024
Mr. King (for himself and Mrs. Shaheen) introduced the following bill;
which was read twice and referred to the Committee on Environment and
Public Works
_______________________________________________________________________
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 for Transportation Fuel
Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Electric utility.--The term ``electric utility'' has
the meaning given the term in section 3 of the Federal Power
Act (16 U.S.C. 796).
(2) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term in section 302 of the Clean Air Act (42
U.S.C. 7602).
(3) 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.
(4) 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.
(5) Renewable biomass.--The term ``renewable biomass'' has
the meaning given the term in section 211(o)(1) of the Clean
Air Act (42 U.S.C. 7545(o)(1)).
(6) 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)).
(7) State.--The term ``State'' has the meaning given the
term in section 302 of the Clean Air Act (42 U.S.C. 7602).
(8) Transportation fuel.--The term ``transportation fuel''
has the meaning given the term in section 211(o)(1) of the
Clean Air Act (42 U.S.C. 7545(o)(1)).
SEC. 3. RENEWABLE ELECTRICITY UNDER THE RENEWABLE FUEL PROGRAM.
(a) Timely Review of Petitions and Registrations.--The
Administrator of the Environmental Protection Agency (referred to in
this section as 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 date that is 365
days after the date of submission of the pathway petition or
registration request; and
(2) in the case of other pathway petitions and registration
requests, in a timely and expeditious manner.
(b) Public Disclosure.--The Administrator shall publish on the
public internet website of the Environmental Protection Agency, and
update 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 on which the pathway petition is
submitted to the Environmental Protection Agency;
(B) the date on which any fee assessed pursuant to
subsection (c) is collected by the Environmental
Protection Agency;
(C) the date on which the Administrator determines
that the pathway petition is complete; and
(D) the date on which the 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 on which the registration request is
submitted to the Environmental Protection Agency;
(B) the date on which any fee assessed pursuant to
subsection (c) is collected by the Environmental
Protection Agency;
(C) the date on which the Administrator determines
that the registration request is complete; and
(D) the date on which the registration request is
approved or denied by the Administrator.
(c) 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) by the date that is 18 months after the date of
that collection--
(A) the operator of a facility that submitted the
pathway petition or registration request may request a
refund of the fee;
(B) not later than 90 days after receiving a
request under subparagraph (A), the Administrator shall
issue a full refund of the fee; and
(C) the Administrator shall complete review and
disposition of the pathway petition or registration
request without imposing any further fee under this
section for that process.
(4) Waiver.--The Administrator may, at the discretion of
the Administrator, waive the fee under paragraph (1)--
(A) for an electric utility that is wholly owned by
a State (including any political subdivision thereof)
or an Indian Tribe; or
(B) if the Administrator determines that the waiver
is in the public interest.
(d) Rulemaking on Generation of Credits (eRINs) for Electricity
From Renewable Biomass.--
(1) Definition of registered party.--In this subsection,
the term ``registered party'' means an electric utility with--
(A) a fuel pathway approved by the Administrator
under the renewable fuel program; and
(B) a facility that--
(i) produces electricity from renewable
biomass; and
(ii) is registered under the renewable fuel
program.
(2) Regulation required.--Subject to paragraph (4), the
Administrator shall--
(A) not later than 90 days after the date of
enactment of this Act, promulgate a regulation
providing for the generation of credits under section
211(o)(5) of the Clean Air Act (42 U.S.C. 7545(o)(5))
for electricity produced from renewable biomass that is
sold, distributed, or used as transportation fuel; and
(B) not later than 1 year after the date of
enactment of this Act, finalize that regulation.
(3) Contents.--The regulation under paragraph (2) shall
prescribe and clarify--
(A) which registered parties can generate the
credits and associated Renewable Identification
Numbers;
(B) how to prevent the credits from resulting in
double-counting for purposes of the renewable fuel
program; and
(C) data requirements for valid generation of the
credits and associated Renewable Identification
Numbers.
(4) Option to finalize prior proposed rule.--In lieu of
promulgating a regulation pursuant to paragraph (2), the
Administrator may choose to modify and finalize 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)) to include--
(A) provisions for the generation of credits as
described in paragraph (2); and
(B) each requirement and clarification listed in
paragraph (3).
SEC. 4. ELIMINATION OF CERTAIN RESTRICTIONS ON RENEWABLE BIOMASS FROM
FORESTLANDS.
Section 211(o)(1)(I) of the Clean Air Act (42 U.S.C. 7545(o)(1)(I))
is amended--
(1) by striking clause (ii) and inserting the following:
``(ii) Trees and tree residue from
forestlands (including forestlands belonging to
an Indian Tribe or an Indian individual, that
are held in trust by the United States or
subject to a restriction against alienation
imposed by the United States).''; and
(2) in clause (iv)--
(A) by striking ``Slash and pre-commercial
thinnings that are from non-federal forestlands'' and
inserting ``Slash and thinnings from forestlands''; and
(B) by inserting ``, unless the slash and thinnings
are derived off those forests or forestlands for
restoration purposes following a natural disturbance
event'' after ``or late successional forest''.
SEC. 5. FEDERAL DATA REPORTING ON RENEWABLE ELECTRICITY FROM BIOMASS.
(a) In General.--The Administrator of the Energy Information
Administration (referred to in this section as the ``Administrator'')
shall include in the Electric Power Monthly, Electric Power Annual,
Annual Energy Outlook, and any other relevant report of the Energy
Information Administration, data on electricity generated from
renewable biomass.
(b) Separate Line Item.--In carrying out subsection (a), the
Administrator shall include data on electricity generated from
renewable biomass as a separate line item or in a manner that otherwise
identifies such data as a separate subtotal of electricity generated.
(c) Consultation.--In carrying out this section, the Administrator
shall consult with the Administrator of the Environmental Protection
Agency.
SEC. 6. TECHNICAL CORRECTIONS.
(a) Definitions.--Section 211(o)(1)(G) of the Clean Air Act (42
U.S.C. 7545(o)(1)(G)) is amended, in the first sentence, by inserting
``and'' before ``sulfur hexafluoride''.
(b) Periodic Reviews.--Section 211(o)(11) of the Clean Air Act (42
U.S.C. 7545(o)(11)) is amended by striking subparagraph (C) and
inserting the following:
``(C) the impacts of the requirements described in
paragraph (2)(B) on--
``(i) refineries, blenders, distributors,
and importers referred to in paragraph
(2)(A)(iii)(I); and
``(ii) consumers described in subparagraph
(A)(iv) or (B)(ii)(V) of paragraph (2).''.
(c) Blending of Compliant Reformulated Gasolines.--Section
211(t)(1) of the Clean Air Act (42 U.S.C. 7545(t)(1)) is amended, in
the matter preceding subparagraph (A), by striking ``this subtitle''
and inserting ``this part''.
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