S 1085

112th CONGRESS
1st Session

S. 1085

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.

IN THE SENATE OF THE UNITED STATES

May 26, 2011

Mr. INHOFE (for himself and Ms. SNOWE) 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 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.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. NEXT GENERATION BIOFUEL.

    (a) Definitions- Section 211(o)(1) of the Clean Air Act (42 U.S.C. 7545(o)(1)) is amended--

      (1) by redesignating subparagraphs (E), (F), (G), and (H) as subparagraphs (H), (E), (F), (G), respectively, and moving subparagraph (H) (as so redesignated) to appear before subparagraph (I); and

      (2) 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'.

    (b) Standard- Section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)) is amended--

      (1) in paragraph (2)--

        (A) in subparagraph (A)(i), in the second sentence, by striking `cellulosic' and inserting `next generation'; and

        (B) in subparagraph (B)--

          (i) in clause (i)(III)--

            (I) in the subclause heading, by striking `CELLULOSIC' and inserting `NEXT GENERATION';

            (II) by striking `cellulosic' and inserting `next generation'; and

            (III) in the heading of the right column, by striking `cellulosic' and inserting `next generation';

          (ii) in clause (ii)(III), by striking `cellulosic' and inserting `next generation'; and

          (iii) in clause (iv)--

            (I) in the clause heading, by striking `CELLULOSIC' and inserting `NEXT GENERATION'; and

            (II) by striking `cellulosic' and inserting `next generation';

      (2) in paragraphs (3)(A), (4)(A), and (4)(B), by striking `cellulosic' each place it appears and inserting `next generation'; and

      (3) in paragraph (7)(D)--

        (A) in the subparagraph heading, by striking `CELLULOSIC' and inserting `NEXT GENERATION'; and

        (B) by striking `cellulosic' each place it appears and inserting `next generation'.

SEC. 2. 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:

          `(vi) ELECTION OF NON-PARTICIPATION BY STATE GOVERNMENT-

            `(I) 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.

            `(II) 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.

            `(III) 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.

            `(IV) 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).'.

END