[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3736 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3736

   To amend the Clean Air Act to allow States to opt out of the corn 
            ethanol portions of the renewable fuel standard.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 5, 2010

  Mr. Inhofe 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 allow States to opt out of the corn 
            ethanol portions of the renewable fuel standard.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. STATE OPT-OUT ELECTION FROM RENEWABLE FUEL STANDARD.

    Section 211(o)(2)(B) of the Clean Air Act (42 U.S.C. 7545(o)(2)(B)) 
is amended by adding at the end the following:
                            ``(vi) Opt-out by state government.--
                                    ``(I) In general.--For purposes of 
                                subparagraph (A), the applicable volume 
                                of renewable fuel as determined under 
                                this subparagraph shall be adjusted in 
                                accordance with this clause.
                                    ``(II) Requirements.--On passage by 
                                a State legislature and signature by 
                                the Governor of the State of a law that 
                                elects to opt-out of the applicable 
                                volume of renewable fuel in accordance 
                                with this clause, the Administrator 
                                shall allow a State to opt-out of the 
                                applicable volume of renewable fuel 
                                determined under subclause (I) of 
                                clause (i), other than the applicable 
                                volumes of renewable fuel required 
                                under subclauses (II), (III), and (IV) 
                                of that clause.
                                    ``(III) Reduction.--On the election 
                                of a State under subclause (II), the 
                                Administrator shall reduce the 
                                applicable volume of renewable fuel 
                                determined under clause (i)(I) by the 
                                percentage that reflects the national 
                                gasoline consumption that is 
                                attributable to the State.
                                    ``(IV) Credits to hold fuel sales 
                                harmless.--On the election of a State 
                                under subclause (II), the Administrator 
                                shall provide for the generation of 
                                credits for all gasoline (regardless of 
                                whether the gasoline is blended) 
                                provided through a fuel terminal in the 
                                State to be calculated as though the 
                                gasoline were blended with the maximum 
                                allowable ethanol content of gasoline 
                                to apply toward the applicable volume 
                                of renewable fuel determined under 
                                clause (i)(I).''.
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