[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2202 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
                                S. 2202

    To amend the Clean Air Act to increase the renewable content of 
                   gasoline, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 18, 2007

 Mr. Reid (for Mr. Obama (for himself and Mr. Harkin)) 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 increase the renewable content of 
                   gasoline, 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 ``Renewable Fuel Standard Extension 
Act of 2007''.

SEC. 2. RENEWABLE CONTENT OF GASOLINE.

    (a) Findings.--Congress finds that--
            (1) the renewable fuel standard established under section 
        211(o) of the Clean Air Act (42 U.S.C. 7545(o)) is one of the 
        most significant steps taken by Congress to increase domestic 
        biofuels production and decrease the dangerous dependence of 
        the United States on foreign oil;
            (2) in the 12 years after 1992, domestic ethanol production 
        increased by 2,000,000,000 gallons;
            (3) in only 2 years following the establishment of the 
        renewable fuel standard, ethanol production has increased by 
        5,000,000,000 gallons;
            (4) the renewable fuel standard has spurred investment and 
        resulted in ethanol production that surpassed Federal targets 5 
        years ahead of schedule;
            (5) the failure of the petroleum industry to install pumps 
        so that ethanol is available to motorists and the failure of 
        the automotive industry to manufacture ethanol-capable 
        vehicles, as compared to rising ethanol production volumes, has 
        prevented fuel ethanol from reaching consumers;
            (6) the resulting excess of ethanol in the marketplace has 
        depressed ethanol prices and jeopardized the financial 
        stability of the domestic renewable fuel infrastructure, 
        particularly smaller, local, and farmer-owned ethanol plants;
            (7) jeopardizing the existing ethanol infrastructure will 
        put at risk 20 years of progress on a national biofuel industry 
        and destroy the bridge to next-generation biofuel made from 
        cellulosic feedstocks; and
            (8) it is imperative for Congress to increase the renewable 
        fuel standard now to ensure the path towards cellulosic fuel 
        production is not jeopardized in the short term.
    (b) Definitions.--Section 211(o)(1) of the Clean Air Act (42 U.S.C. 
7545(o)(1)) is amended--
            (1) by redesignating subparagraphs (B), (C), and (D) as 
        subparagraphs (F), (D), and (E), respectively, and moving those 
        subparagraphs so as to appear in alphabetical order;
            (2) by striking subparagraph (A) and inserting the 
        following:
                    ``(A) Advanced biofuel.--
                            ``(i) In general.--The term `advanced 
                        biofuel' means fuel derived from renewable 
                        biomass other than ethanol derived from corn 
                        starch.
                            ``(ii) Inclusions.--The term `advanced 
                        biofuel' includes--
                                    ``(I) ethanol derived from 
                                cellulose, hemicellulose, or lignin;
                                    ``(II) ethanol derived from sugar 
                                or starch, other than ethanol derived 
                                from corn starch;
                                    ``(III) ethanol derived from waste 
                                material, including crop residue, other 
                                vegetative waste material, animal 
                                waste, and food waste and yard waste;
                                    ``(IV) diesel-equivalent fuel 
                                derived from renewable biomass, 
                                including vegetable oil and animal fat;
                                    ``(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; 
                                and
                                    ``(VII) other fuel derived from 
                                cellulosic biomass.
                    ``(B) Cellulosic biomass ethanol.--The term 
                `cellulosic biomass ethanol' means ethanol derived from 
                any cellulose, hemicellulose, or lignin that is derived 
                from renewable biomass.
                    ``(C) Renewable biomass.--The term `renewable 
                biomass' means--
                            ``(i) nonmerchantable materials or 
                        precommercial thinnings that--
                                    ``(I) are byproducts of preventive 
                                treatments, such as trees, wood, brush, 
                                thinnings, chips, and slash, that are 
                                removed--
                                            ``(aa) to reduce hazardous 
                                        fuels;
                                            ``(bb) to reduce or contain 
                                        disease or insect infestation; 
                                        or
                                            ``(cc) to restore forest 
                                        health;
                                    ``(II) would not otherwise be used 
                                for higher-value products; and
                                    ``(III) are harvested 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)), where permitted by 
                                law and in accordance with--
                                            ``(aa) applicable land 
                                        management plans; and
                                            ``(bb) the requirements for 
                                        old-growth maintenance, 
                                        restoration, and management 
                                        direction of paragraphs (2), 
                                        (3), and (4) of subsection (e) 
                                        and the requirements for large-
                                        tree retention of subsection 
                                        (f) of section 102 of the 
                                        Healthy Forests Restoration Act 
                                        of 2003 (16 U.S.C. 6512); or
                            ``(ii) any organic matter that is available 
                        on a renewable or recurring basis from non-
                        Federal land or from 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, including--
                                    ``(I) renewable plant material, 
                                including--
                                            ``(aa) feed grains;
                                            ``(bb) other agricultural 
                                        commodities;
                                            ``(cc) other plants and 
                                        trees; and
                                            ``(dd) algae; and
                                    ``(II) waste material, including--
                                            ``(aa) crop residue;
                                            ``(bb) other vegetative 
                                        waste material (including wood 
                                        waste and wood residues);
                                            ``(cc) animal waste and 
                                        byproducts (including fats, 
                                        oils, greases, and manure); and
                                            ``(dd) food waste and yard 
                                        waste.''; and
            (3) in clause (ii) of subparagraph (D) (as redesignated by 
        paragraph (1))--
                    (A) in subclause (I), by striking ``and'' at the 
                end;
                    (B) in subclause (II), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following:
                                    ``(III) advanced biofuel.''.
    (c) Renewable Content of Gasoline.--Section 211(o) of the Clean Air 
Act (42 U.S.C. 7545(o)) is amended--
            (1) in paragraph (2)(B)--
                    (A) by striking clause (i) and inserting the 
                following:
                            ``(i) Calendar years 2008 through 2016.--
                                    ``(I) Renewable fuel.--For the 
                                purpose of subparagraph (A), the 
                                applicable volume for any of calendar 
                                years 2008 through 2016 shall be 
                                determined in accordance with the 
                                following table:

                                    Applicable volume of renewable fuel
``Calendar year:                              (in billions of gallons):
        2008...................................................     8.5
        2009...................................................    10.5
        2010...................................................    12.0
        2011...................................................    12.6
        2012...................................................    13.2
        2013...................................................    13.8
        2014...................................................    14.4
        2015...................................................    15.0
        2016...................................................    18.0
                                    ``(II) Advanced biofuel.--For the 
                                purpose of subparagraph (A), of the 
                                volume of renewable fuel required under 
                                subclause (I), the applicable volume 
                                for calendar year 2016 for advanced 
                                biofuel shall be determined in 
                                accordance with the following table:

                                         Applicable volume of advanced 
                                                                biofuel
``Calendar year:                              (in billions of gallons):
        2016...................................................  3.0'';
                    (B) in clause (ii)--
                            (i) in the clause heading, by striking 
                        ``2013'' and inserting ``2017'';
                            (ii) by striking ``2013'' and inserting 
                        ``2017''; and
                            (iii) by striking ``2012'' and inserting 
                        ``2016'';
                    (C) in clause (iii), by striking ``2013'' and 
                inserting ``2017''; and
                    (D) in clause (iv)--
                            (i) by striking ``2013'' and inserting 
                        ``2017''; and
                            (ii) in subclause (II)(aa), by striking 
                        ``7,500,000,000'' and inserting ``18,000,000'';
            (2) in paragraph (3)--
                    (A) in subparagraph (A), by striking ``2011'' and 
                inserting ``2015''; and
                    (B) in subparagraph (B)(i), by striking ``2012'' 
                and inserting ``2016''; and
            (3) in paragraph (6)(A), by striking ``2012'' and inserting 
        ``2016''.
                                 <all>