S AMDT 1095

S 1095 IS

To amend the Clean Air Act to convert the renewable fuel standard into a low-carbon fuel standard, and for other purposes.

May 20, 2009

Mr. WYDEN introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works

To amend the Clean Air Act to convert the renewable fuel standard into a low-carbon fuel standard, 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 ‘America’s Low-Carbon Fuel Standard Act of 2009’.

SEC. 2. LOW-CARBON FUEL PROGRAM.

(a) In General- Section 211 of the Clean Air Act (42 U.S.C. 7545) is amended by striking subsection (o) and inserting the following:

‘(o) Low-Carbon Fuel Program-

‘(1) DEFINITIONS- In this subsection:

‘(A) BASELINE LIFECYCLE GREENHOUSE GAS EMISSIONS- The term ‘baseline lifecycle greenhouse gas emissions’ means the average lifecycle greenhouse gas emissions, as determined by the Administrator, after notice and opportunity for comment, for transportation fuel sold or distributed as transportation fuel in 2005.

‘(B) LIFECYCLE GREENHOUSE GAS EMISSIONS- 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), as determined by the Administrator, 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.

‘(C) LOW-CARBON FUEL- The term ‘low-carbon fuel’ means transportation fuel (including renewable fuel, electricity, hydrogen, and other forms of energy) that has lifecycle greenhouse gas emissions, as determined by the Administrator, after notice and opportunity for comment, that on annual average basis are equal to at least the following percentage less than baseline lifecycle greenhouse gas emissions determined in accordance with the following table:

‘Calendar year:

2015

--20.0

2016

--21.5

2017

--23.0

2018

--24.5

2019

--26.0

2020

--27.5

2021

--29.0

2022

--30.5

2023

--32.0

2024

--33.5

2025

--35.0

2026

--36.5

2027

--38.0

2028

--39.5

2029

--41.0

2030

--42.5

2031 and thereafter

--Percentage determined under paragraph (2)(B)(ii).

‘(D) RENEWABLE BIOMASS- The term ‘renewable biomass’ means each of the following:

‘(i) Planted crops and crop residue harvested from agricultural land cleared or cultivated at any time prior to December 19, 2007, that is either actively managed or fallow, and nonforested.

‘(ii) Planted trees, bioenergy crops, and tree residue from actively managed tree plantations on non-Federal land cleared at any time prior to December 19, 2007, including land belonging to an Indian tribe or an Indian individual, that is held in trust by the United States or subject to a restriction against alienation imposed by the United States.

‘(iii) Slash, brush, and those trees that are byproducts of ecological restoration, disease or insect infestation control, or hazardous fuels reduction treatments and do not exceed the minimum size standards for sawtimber, harvested--

‘(I) in ecologically sustainable quantities, as determined by the appropriate Federal land manager; and

‘(II) from National Forest System land or public land (as defined in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702)), other than--

‘(aa) components of the National Wilderness Preservation System;

‘(bb) wilderness study areas;

‘(cc) inventoried roadless areas;

‘(dd) old growth or late successional forest stands unless biomass from the stand is harvested as a byproduct of an ecological restoration treatment that fully maintains, or contributes toward the restoration of, the structure and composition of an old growth forest stand taking into account the contribution of the stand to landscape fire adaptation and watershed health, and retaining large trees contributing to old-growth structure;

‘(ee) components of the National Landscape Conservation System; and

‘(ff) National Monuments.

‘(iv) Animal waste material and animal byproducts.

‘(v) Slash and pre-commercial thinnings that are from non-Federal forestland, including forestland 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, but not forests or forestland that are ecological communities with a global or State ranking of critically imperiled, imperiled, or rare pursuant to a State Natural Heritage Program, old growth forest, or late successional forest.

‘(vi) Biomass from land in any ownership obtained from the immediate vicinity of buildings and other areas regularly occupied by people, or of public infrastructure, at risk from wildfire.

‘(vii) Algae.

‘(viii) Municipal solid waste, including separated yard waste or food waste, including recycled cooking and trap grease.

‘(E) RENEWABLE FUEL- The term ‘renewable fuel’ means fuel that is--

‘(i) produced from renewable biomass; and

‘(ii) used to replace or reduce the quantity of fossil fuel present in a transportation fuel.

‘(F) TRANSPORTATION FUEL- The term ‘transportation fuel’ means fuel for use in motor vehicles, motor vehicle engines, or nonroad vehicles (except for ocean-going vessels).

‘(2) PROGRAM-

‘(A) REGULATIONS-

‘(i) IN GENERAL- Not later than January 31, 2015, the Administrator shall promulgate regulations to ensure that the applicable percentage determined under subparagraph (B) of the transportation fuel sold or introduced into commerce in the United States, on an annual average basis, is low-carbon fuel.

‘(ii) PROVISIONS OF REGULATIONS- Regardless of the date of promulgation, the regulations promulgated under clause (i)--

‘(I) shall contain compliance provisions applicable to producers, refiners, blenders, distributors, and importers, as appropriate, to ensure that the requirements of this paragraph are met; but

‘(II) shall not--

‘(aa) restrict geographic areas in which low-carbon fuel may be used; or

‘(bb) impose any per-gallon obligation for the use of low-carbon fuel.

‘(B) APPLICABLE VOLUMES-

‘(i) CALENDAR YEARS 2015 THROUGH 2030- For the purpose of subparagraph (A), the applicable percentage of the transportation fuel sold or introduced into commerce in the United States, on an annual average basis, that is low-carbon fuel for each of calendar years 2015 through 2030 shall be determined by the Administrator, in consultation with the Secretary of Energy, in accordance with the following table:

‘Calendar year:

Full Text of Legislation