[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3097 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 3097

 To partially waive the renewable fuel standard when corn inventories 
                                are low.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 5, 2011

 Mr. Goodlatte (for himself, Mr. Costa, Mr. Cardoza, Mr. Matheson, Mr. 
Womack, Mr. Harris, Mr. Moran, Mr. Crawford, Mr. Wittman, Mrs. Ellmers, 
 Mr. Cuellar, Mr. McIntyre, Mr. Hurt, Mr. Rooney, Mr. McClintock, Mr. 
Welch, Mr. Graves of Georgia, Mr. Griffin of Arkansas, Mr. Simpson, Mr. 
  Boren, Mr. Nunnelee, Mr. Ross of Arkansas, Mr. Baca, Mr. Pitts, Mr. 
 Butterfield, Mr. Barrow, and Mr. Griffith of Virginia) introduced the 
   following bill; which was referred to the Committee on Energy and 
                                Commerce

_______________________________________________________________________

                                 A BILL


 
 To partially waive the renewable fuel standard when corn inventories 
                                are low.

    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 Flexibility 
Act''.

SEC. 2. PARTIAL WAIVER.

    Paragraph (7) of section 211(o) of the Clean Air Act (42 U.S.C. 
7545(o)(7)) is amended by adding the following at the end thereof:
                    ``(G) Consideration of corn inventories.--
                            ``(i) Determinations regarding corn stocks-
                        to-use ratio.--Not later than August 1 and the 
                        end of November each year, the Administrator 
                        shall determine and publish the United States 
                        corn stocks-to-use ratio for the current crop 
                        year--
                                    ``(I) in consultation with the 
                                Secretary of Agriculture; and
                                    ``(II) based on the most recent 
                                publication of the World Agricultural 
                                Supply and Demand Estimate or other 
                                similar authoritative estimate issued 
                                by the Secretary of Agriculture.
                            ``(ii) Waiver.--Based on the 
                        Administrator's most recent determination under 
                        clause (i), the Administrator shall waive the 
                        requirements of paragraph (2) by reducing the 
                        national quantity of renewable fuel otherwise 
                        required for a period in accordance with the 
                        following table:


----------------------------------------------------------------------------------------------------------------
 ``U.S. Corn Stocks-to-Use Ratio for  the Current Crop      Reduction in national quantity  of renewable fuel
                     Year (percent)                                              required
----------------------------------------------------------------------------------------------------------------
Above 10.0                                               No adjustment
10.0-7.5                                                 10 percent reduction
7.49-6.0                                                 15 percent reduction
5.99-5.0                                                 25 percent reduction
Below 5.0                                                50 percent reduction.
----------------------------------------------------------------------------------------------------------------

                            ``(iii) Duration.--A waiver granted under 
                        clause (ii)--
                                    ``(I) based on a determination 
                                required by clause (i) to be made by 
                                the end of November, shall be effective 
                                for the following calendar year; and
                                    ``(II) based on a determination 
                                required by clause (i) to be made by 
                                August 1, shall take effect 30 days 
                                from the date of publication of the 
                                determination and shall (in place of 
                                the waiver under subclause (I)) be 
                                effective for the remainder of such 
                                calendar year.
                            ``(iv) Adjustment of renewable fuel 
                        obligation.--Upon granting any waiver under 
                        clause (ii) reducing the national quantity of 
                        renewable fuel required for a period to which 
                        paragraph (3) applies, the Administrator shall 
                        adjust the renewable fuel obligation determined 
                        under paragraph (3) in proportion to such 
                        reduction.
                            ``(v) No effect on required volume of 
                        advanced biofuel.--A waiver granted under this 
                        subparagraph reducing the national quantity of 
                        renewable fuel required for a period shall not 
                        affect the volume of advanced biofuel required 
                        under paragraph (2). The Administrator shall 
                        not allow any volume of conventional biofuel to 
                        be used to satisfy the requirement for advanced 
                        biofuel under paragraph (2).
                            ``(vi) Publication.--The Administrator 
                        shall publish each waiver under clause (ii) in 
                        the Federal Register, including an explanation 
                        of the basis for the waiver.''.
                                 <all>