1.
This Act may be cited as
the 20/20 Biofuels Challenge Act of
2005
.
2.
In this Act:
(1)
The
term Administrator means the Administrator of the Environmental
Protection Agency.
(2)
The term alternative fuel has the meaning given
the term in section 301 of the Energy Policy Act of 1992 (42 U.S.C.
13211).
(3)
Cellulosic
biomass ethanol
(A)
Subject to subparagraph (B), the term cellulosic
biomass ethanol means alternative fuels and blending components for
alternative fuels that are derived from cellulosic biomass feedstocks and
remain substantially in the liquid phase at room temperature and atmospheric
pressure.
(B)
If
a liquid alternative fuel contains components that are not derived from
cellulosic biomass feedstocks, only the portion of any such fuels or fuel
blending components that is derived from cellulosic biomass feedstocks shall be
considered applicable.
(4)
Cellulosic
biomass feedstock
The term cellulosic biomass
feedstock means fuel derived from—
(A)
any
lignocellulosic or hemicellulosic matter that is derived from organic material
of a plant that is planted for the purpose of producing energy (except a plant
produced on land enrolled in the conservation reserve program established under
subchapter B of chapter 1 of subtitle D of title XII of the Food Security Act
of 1985 (16 U.S.C.
3831 et seq.), if harvesting the plant would be inconsistent
with the purposes of the program); or
(B)
nonhazardous
lignocellulosic or hemicellulosic matter that is segregated from other waste
materials and is derived from—
(i)
trees and other
plant matter removed from the immediate vicinity of homes, other occupied
structures, or essential community infrastructure;
(ii)
precommercial
thinning, slash, or brush (except thinning, slash, or brush from old growth
forests or publicly-owned roadless areas);
(iii)
an agricultural
crop, a crop byproduct, or a residue resource (except a plant produced on land
enrolled in the conservation reserve program, if harvesting the plant would be
inconsistent with the purposes of the program); or
(iv)
miscellaneous
waste (such as landscape or right-of-way tree trimmings), not including—
(I)
recyclable
postconsumer waste paper, including such paper in municipal solid waste;
(II)
painted,
treated, or pressurized wood; or
(III)
wood that is
contaminated by plastic or metal.
(5)
(A)
The term renewable fuel means motor vehicle
fuel that—
(i)
(I)
is produced from grain,
starch, oilseeds, or other biomass; or
(II)
is natural gas produced from a biogas
source, including a landfill, sewage waste treatment plant, feedlot, or other
place where decaying organic material is found; and
(ii)
is
used to replace or reduce the quantity of fossil fuel present in a fuel mixture
used to operate a motor vehicle.
(B)
The
term renewable fuel includes—
(i)
biodiesel, as
defined in section 312(f) of the Energy Policy Act of 1992 (42 U.S.C.
13220(f));
(ii)
cellulosic
biomass ethanol;
(iii)
waste derived
ethanol; and
(iv)
any blending
components derived from renewable fuel, except that only the renewable fuel
portion of any such blending component shall be considered part of the
applicable volume under the renewable fuel program established by this
Act.
(6)
The term waste derived ethanol means ethanol
derived from—
(A)
animal wastes,
including poultry fats and poultry wastes, and other waste materials; or
(B)
municipal solid
waste.
3.
(a)
(1)
(A)
Not
later than 1 year after the date of enactment of this Act, the Administrator
shall promulgate regulations ensuring that motor vehicle fuel sold or dispensed
to consumers in the contiguous United States, on an annual average basis,
contains the applicable volume of renewable fuel specified in subsection
(b).
(B)
Regardless
of the date of promulgation, the regulations shall contain compliance
provisions for refiners, blenders, and importers, as appropriate, to ensure
that the requirements of this subsection are met, unless the Administrator
determines compliance will violate the Clean Air
Act (42
U.S.C. 7401 et seq.).
(b)
(1)
Calendar years
2006 through 2020
For the purpose of subsection (a), the
applicable volume for each of calendar years 2006 through 2020 shall be
determined in accordance with the following table:
Applicable volume of renewable fuel
Calendar
year:
(In
billions of gallons):
2006
4
2008
5
2010
7
2010
9
2014
12
2016
15
2018
18
2020
20.
(2)
Calendar years
2020 and thereafter
For the purpose of subsection (a), the
applicable volume for calendar year 2020 and each calendar year thereafter
shall be no less than 20,000,000,000 gallons annually.
(3)
For
the purpose of paragraph (2), 1 gallon of either cellulosic biomass ethanol
shall be considered to be the equivalent of 3.5 gallons of renewable
fuel.
4.
Stimulation of
biodiesel production
Sections
40A(e), 6426(c)(6), and 6427(e)(4)(B) of the Internal Revenue Code of 1986 (as
amended by section 1344 of the Energy Policy Act of 2005(a)) are each amended
by striking 2008
and inserting 2010
.
5.
Full fuel
flexibility requirement
(a)
Chapter 329 of title 49, United States Code, is amended
by inserting after section 32902 the following:
32902A.
Requirement
to equip gasoline and diesel powered vehicles to use alternative
biofuels
(a)
In
this section:
(1)
The term
flexible fuel mixture means—
(A)
any mixture of ethanol with gasoline for a
gasoline powered vehicle; or
(B)
any mixture of biodiesel by volume with
fossil-based diesel fuel for a diesel powered vehicle.
(2)
The
term vehicle includes—
(A)
a passenger
automobile;
(B)
an automobile
capable of off-highway operation as defined in section 523.5 of title 49, Code
of Federal Regulations (or any successor regulation);
(C)
a light truck, as
defined in section 523.5 of title 49, Code of Federal Regulations (or any
successor regulation);
(D)
a heavy vehicle,
including trucks used for shipping; and
(E)
a large farm
implement that operates on either gasoline or diesel fuels.
(3)
(A)
The term water transportation includes those
vehicles used primarily in the transportation of people, goods, and services
over significant distances and includes—
(i)
public and
commercial waterborne ferrys; and
(ii)
barges whose
primary use is the transport of goods and services related to interstate and
international commerce.
(B)
The
term water transportation does not include watercraft the primary
use of which is for personal recreational benefit.
(b)
Personal and commercial land and water
transportation and shipping vehicles and vessels and large farm equipment
manufactured after model year 2010 and capable of operating on either gasoline
or diesel fuel shall also be capable of operating on a flexible fuel
mixture.
(c)
The Secretary of Transportation shall prescribe
regulations that require the vehicle or vessel manufacturer—
(1)
to prominently
display a permanent badge or emblem on the vehicle indicating the vehicle is
capable of operating on a flexible fuel mixture; and
(2)
to include in the
owner's manual of each vehicle information describing—
(A)
the capability of
the engine to operate using a flexible fuel mixture; and
(B)
the benefits of
using a flexible fuel mixture, including the renewable nature, the increased
fuel efficiency, and the environmental benefits of using flexible
fuels.
.
(b)
The chapter analysis for chapter 329 of title 49,
United States Code, is amended by inserting after the item relating to section
32902 the following:
32902A. Requirement to equip gasoline and
diesel powered vehicles to use alternative
biofuels.
.
6.
Feedstock
diversification
(a)
(1)
The Secretary of Agriculture shall support development of
cellulosic feedstock by directing that erosion preventing, renewable fuel
producing crops (including switchgrass and short rotation woody crops) be
grown, where possible, on the 35,000,000 acres of arable land in the
conservation reserve program established under subchapter B of chapter 1 of
subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3831 et
seq.).
(2)
The
Secretary of Agriculture shall conduct a study to determine the impact of
producing crops necessary for annual biofuel production levels of
20,000,000,000 gallons on land and on the cost and production of food, forest
products, and livestock feed.
(b)
(1)
Department of
Agriculture
(A)
Cellulosic-based
ethanol feedstock
(i)
The Secretary of Agriculture (referred to in this
paragraph as the Secretary) shall carry out an integrated 10-year
research program to improve crop productivity and cost for cellulosic-based
ethanol feedstock.
(ii)
Not
later than September 30, 2006, the Secretary shall submit to Congress a 10-year
technology roadmap and comprehensive 5-year research and development plan that
includes—
(I)
a description of
ongoing work within the Department of Agriculture and other Federal
agencies;
(II)
recommendations
for acceleration of current work considered to support the plan; and
(III)
a description
of new work necessary to accomplish plan goals and objectives.
(iii)
Beginning on September 30, 2008, and not later than
September 30 of each subsequent year, the Secretary shall submit to Congress a
report that—
(I)
summarizes
accomplishments and progress made in the 5-year plan; and
(II)
describes any
revisions to the plan or the technology roadmap.
(B)
(i)
The Secretary shall carry out an integrated 10-year
research program to improve crop diversity, productivity, and cost for
biodiesel feedstock.
(ii)
Not
later than September 30, 2006, the Secretary shall submit to Congress a 10-year
technology roadmap and comprehensive 5-year research and development plan that
includes—
(I)
a description of
regional feedstocks enabling near market production of biodiesel;
(II)
a description of
ongoing work within the Department of Agriculture and other Federal
agencies;
(III)
recommendations
for acceleration of current work considered to support the plan; and
(IV)
a description of
new work necessary to accomplish plan goals and objectives.
(iii)
Beginning on September 30, 2008, and not later than
September 30 of each subsequent year, the Secretary shall submit to Congress a
report that—
(I)
summarizes
accomplishments and progress made in the 5-year plan; and
(II)
describes any
revisions to the plan or the technology roadmap.
(2)
(A)
(i)
The Secretary of Energy (referred to in this paragraph as
the Secretary) shall carry out an 8-year research and development
plan to significantly improve processes for converting cellulosic feedstock
into ethanol production.
(ii)
Not
later than September 30, 2006, the Secretary shall submit to Congress a report
describing the plan.
(iii)
Beginning on September 30, 2008, and not later than
September 30 of each subsequent year, the Secretary shall submit to Congress a
report that—
(I)
summarizes
accomplishments and progress made in the 8-year plan; and
(II)
describes any
revisions to the plan or the technology roadmap.
(B)
(i)
The Secretary shall carry out an 8-year research and
development plan to significantly improve processes for converting biodiesel
feedstock into biodiesel fuel.
(ii)
Not
later than September 30, 2006, the Secretary shall submit to Congress a report
describing the plan.
(iii)
Beginning on September 30, 2008, and not later than
September 30 of each subsequent year, the Secretary shall submit to Congress a
report that—
(I)
summarizes
accomplishments and progress made in the 8-year plan; and
(II)
describes any
revisions to the plan or the technology roadmap.
(3)
Authorization
of appropriations
There are authorized to be appropriated to
carry out each of subparagraphs (A) and (B) of paragraph (1) and each of
subparagraphs (A) and (B) of paragraph (2) $50,000,000 for each of fiscal years
2006 through 2010.