110 HR 6823 IH: PRO Energy U.S. House of Representatives 2008-08-01 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 110th CONGRESS 2d Session H. R. 6823 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.

1.

Short title

This Act may be cited as the Promoting Real Opportunities for Energy Security Act or the PRO Energy Security Act.

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.

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.

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.