[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6823 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 6823

 To provide for the acquisition of advanced biofuels for the Strategic 
               Petroleum Reserve, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             August 1, 2008

 Mr. Reichert introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
 To provide for the acquisition of advanced biofuels for the Strategic 
               Petroleum Reserve, 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 ``Promoting Real Opportunities for 
Energy Security Act'' or the ``PRO Energy Security Act''.

SEC. 2. AUTHORITY.

    If the average weighted price of oil exceeds $75 per barrel for 3 
consecutive days, the Secretary of Energy is authorized to acquire 
advanced biofuels for the purpose of filling the Strategic Petroleum 
Reserve.

SEC. 3. STUDY.

    Not later than 2 years after the date of enactment of this Act, the 
Secretary of Energy, in conjunction with the Secretary of 
Transportation, the Secretary of Commerce, and the Secretary of 
Defense, and in consultation of the Administrator of the Environmental 
Protection Agency, shall transmit to the Committee on Science and 
Technology, the Committee on Transportation and Infrastructure, and the 
Committee on Energy and Commerce of the House of Representatives, and 
to the Committee on Energy and Natural Resources and the Committee on 
Environment and Public Works of the Senate, a report containing--
            (1) a description of how the Secretary of Energy will carry 
        out section 2; and
            (2) recommendations for criteria and procedures for making 
        advanced biofuels available from the Strategic Petroleum 
        Reserve to appropriate Federal and non-Federal entities.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Advanced biofuel.--
                    (A) In general.--The term ``advanced biofuel'' 
                means renewable fuel, other than ethanol derived from 
                corn starch, that has lifecycle greenhouse gas 
                emissions, as determined by the Administrator, after 
                notice and opportunity for comment, that are at least 
                50 percent less than baseline lifecycle greenhouse gas 
                emissions.
                    (B) Inclusions.--The types of fuels eligible for 
                consideration as ``advanced biofuel'' may include any 
                of the following:
                            (i) Ethanol derived from cellulose, 
                        hemicellulose, or lignin.
                            (ii) Ethanol derived from sugar or starch 
                        (other than corn starch).
                            (iii) Ethanol derived from waste material, 
                        including crop residue, other vegetative waste 
                        material, animal waste, food waste, and yard 
                        waste.
                            (iv) Biomass-based diesel.
                            (v) Biogas (including landfill gas and 
                        sewage waste treatment gas) produced through 
                        the conversion of organic matter from renewable 
                        biomass.
                            (vi) Butanol or other alcohols produced 
                        through the conversion of organic matter from 
                        renewable biomass.
                            (vii) Other fuel derived from cellulosic 
                        biomass.
            (3) 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 gasoline or diesel (whichever is being replaced by the 
        renewable fuel) sold or distributed as transportation fuel in 
        2005.
            (4) Biomass-based diesel.--The term ``biomass-based 
        diesel'' means renewable fuel that is biodiesel as defined in 
        section 312(f) of the Energy Policy Act of 1992 (42 U.S.C. 
        13220(f)) and that has lifecycle greenhouse gas emissions, as 
        determined by the Administrator, after notice and opportunity 
        for comment, that are at least 50 percent less than the 
        baseline lifecycle greenhouse gas emissions. Notwithstanding 
        the preceding sentence, renewable fuel derived from 
        coprocessing biomass with a petroleum feedstock shall be 
        advanced biofuel if it meets the requirements of subparagraph 
        (B), but is not biomass-based diesel.
            (5) Cellulosic biofuel.--The term ``cellulosic biofuel'' 
        means renewable fuel derived from any cellulose, hemicellulose, 
        or lignin that is derived from renewable biomass and that has 
        lifecycle greenhouse gas emissions, as determined by the 
        Administrator, that are at least 60 percent less than the 
        baseline lifecycle greenhouse gas emissions.
            (6) Conventional biofuel.--The term ``conventional 
        biofuel'' means renewable fuel that is ethanol derived from 
        corn starch.
            (7) Greenhouse gas.--The term ``greenhouse gas'' means 
        carbon dioxide, hydrofluorocarbons, methane, nitrous oxide, 
        perfluorocarbons, sulfur hexafluoride. The Administrator may 
        include any other anthropogenically emitted gas that is 
        determined by the Administrator, after notice and comment, to 
        contribute to global warming.
            (8) 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.
            (9) Renewable biomass.--The term ``renewable biomass'' 
        means each of the following:
                    (A) Planted crops and crop residue harvested from 
                agricultural land cleared or cultivated at any time 
                prior to the enactment of this sentence that is either 
                actively managed or fallow, and nonforested.
                    (B) Planted trees and tree residue from actively 
                managed tree plantations on non-Federal land cleared at 
                any time prior to enactment of this sentence, 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.
                    (C) Animal waste material and animal byproducts.
                    (D) Slash and precommercial thinnings that are from 
                non-Federal 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, but not forests or forestlands 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.
                    (E) Biomass obtained from the immediate vicinity of 
                buildings and other areas regularly occupied by people, 
                or of public infrastructure, at risk from wildfire.
                    (F) Algae.
                    (G) Separated yard waste or food waste, including 
                recycled cooking and trap grease.
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