[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5899 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 5899

 To direct the Administrator of the Environmental Protection Agency to 
 provide for the generation of Renewable Identification Numbers under 
the renewable fuel program for electricity from renewable biomass, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            November 5, 2021

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

_______________________________________________________________________

                                 A BILL


 
 To direct the Administrator of the Environmental Protection Agency to 
 provide for the generation of Renewable Identification Numbers under 
the renewable fuel program for electricity from renewable biomass, 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 ``Biomass and Biogas for Electric 
Vehicles Act''.

SEC. 2. RENEWABLE ELECTRICITY UNDER THE RENEWABLE FUEL PROGRAM.

    (a) In General.--The Administrator shall, with respect to 
electricity from renewable biomass used as a transportation fuel--
            (1) provide for the generation of Renewable Identification 
        Numbers under the renewable fuel program in accordance with the 
        maximum quotas determined under subsection (b)(3) (except as 
        provided in subsection (c)); and
            (2) allow only the operator of a registered facility to 
        generate Renewable Identification Numbers with respect to such 
        electricity.
    (b) Requirements.--
            (1) Estimate.--In carrying out subsection (a), the 
        Administrator shall estimate the total electricity usage 
        attributable to transportation fuel for electric vehicles in 
        the United States.
            (2) Data sources.--In carrying out this subsection, the 
        Administrator shall use--
                    (A) data from the Energy Information 
                Administration;
                    (B) data from the Department of Transportation;
                    (C) vehicle registration data from each State;
                    (D) Federal or State pilot programs for determining 
                vehicle miles traveled or average fuel economy for 
                electric vehicles;
                    (E) information on electric vehicle tax credits 
                from the Internal Revenue Service; and
                    (F) other information the Administrator determines 
                appropriate.
            (3) Quota for registered facilities.--In carrying out 
        subsection (a), the Administrator shall, for each calendar 
        year, set a maximum quota for the Renewable Identification 
        Numbers that may be generated by a registered facility that 
        does not exceed lesser of--
                    (A) the maximum design capacity of such facility; 
                or
                    (B) the quantity of electricity equal to--
                            (i) the share of electricity generated by 
                        the registered facility from renewable biomass 
                        relative to the total quantity of electricity 
                        generated by all registered facilities from 
                        renewable biomass during such calendar year; 
                        multiplied by
                            (ii) the estimate under paragraph (1) for 
                        such calendar year.
            (4) Retirement.--In carrying out this section, the 
        Administrator shall, for each calendar year, require a 
        registered facility to retire any Renewable Identification 
        Numbers generated in excess of the cumulative maximum quota for 
        such registered facility under paragraph (3) by a compliance 
        deadline set annually by the Administrator.
    (c) Exception.--The Administrator shall not apply the provisions of 
this section in the case of a registered facility that has a written 
contract or affidavit for the sale or use of a specific quantity of 
electricity from renewable biomass for use as a transportation fuel.
    (d) Timely Review of Petitions and Registrations.--The 
Administrator shall review and make a determination for pathway 
petitions and registration requests--
            (1) in the case of a complete pathway petition or 
        registration request, by not later than the day that is 365 
        days after the date of submission of such petition or request 
        (irrespective of whether the final rule required by subsection 
        (g) has been promulgated as of such day); and
            (2) in the case of other pathway petitions and registration 
        requests, in a timely and expeditious manner.
    (e) Public Disclosure.--The Administrator shall publish on the 
public internet website of the Environmental Protection Agency, and 
update each calendar year on a quarterly basis, the following:
            (1) With respect to each pathway petition that is pending, 
        approved, or denied on or after the date of enactment of this 
        Act:
                    (A) The date such pathway petition is submitted to 
                the Environmental Protection Agency.
                    (B) The date any fee assessed pursuant to 
                subsection (f) is collected by the Environmental 
                Protection Agency.
                    (C) The date the Administrator determines that such 
                pathway petition is complete.
                    (D) The date such pathway petition is approved or 
                denied by the Administrator.
            (2) With respect to each registration request that is 
        pending, approved, or denied on or after the date of enactment 
        of this Act:
                    (A) The date such registration request is submitted 
                to the Environmental Protection Agency.
                    (B) The date any fee assessed pursuant to 
                subsection (f) is collected by the Environmental 
                Protection Agency.
                    (C) The date the Administrator determines that such 
                registration request is complete.
                    (D) The date such registration request is approved 
                or denied by the Administrator.
    (f) Fees.--
            (1) Assessment and collection.--The Administrator may 
        assess and collect a fee, in amounts determined by the 
        Administrator necessary to cover the costs described in 
        paragraph (2), from the operator of a facility that submits, 
        updates, or renews--
                    (A) a pathway petition; or
                    (B) a registration request.
            (2) Use of fees.--A fee assessed and collected pursuant to 
        paragraph (1) shall be available, without further appropriation 
        or fiscal year limitation, for use by the Administrator for the 
        costs of--
                    (A) reviewing pathway petitions, including any 
                associated costs for personnel;
                    (B) reviewing registration requests, including any 
                associated costs for personnel; and
                    (C) otherwise carrying out this Act.
            (3) Refund.--If the Administrator has not completed a 
        review of a complete pathway petition or registration request 
        for which a fee has been assessed and collected pursuant to 
        paragraph (1) not later than 12 months after the date of such 
        collection--
                    (A) the operator of a facility that submitted such 
                pathway petition or registration request may request a 
                refund of such fee;
                    (B) not later than 90 days after receiving such 
                request, the Administrator shall issue a full refund of 
                such fee; and
                    (C) the Administrator shall complete review and 
                disposition of such pathway petition or registration 
                request without imposing any further fee under this 
                section for such process.
            (4) Waiver.--The Administrator may, at the Administrator's 
        discretion, waive the fee under paragraph (1)--
                    (A) for an electric utility that is wholly owned by 
                a State, territorial, or Tribal government (including 
                any political subdivision thereof); or
                    (B) if the Administrator determines that such 
                waiver is in the public interest.
    (g) Rule.--Not later that 2 years after the date of enactment of 
this Act, the Administrator shall, for purposes of carrying out this 
Act, promulgate a final rule revising the regulations issued under 
section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)).
    (h) Definitions.--
            (1) In general.--In this Act:
                    (A) Administrator.--The term ``Administrator'' 
                means the Administrator of the Environmental Protection 
                Agency.
                    (B) Electric utility.--The term ``electric 
                utility'' has the meaning given such term in section 
                3(22) of the Federal Power Act (16 U.S.C. 796(22)).
                    (C) Pathway petition.--The term ``pathway 
                petition'' means a petition for approval of a fuel 
                pathway that has electricity from renewable biomass as 
                a fuel type under the renewable fuel program.
                    (D) Registered facility.--The term ``registered 
                facility'' means a facility that is registered under 
                the renewable fuel program for a fuel pathway that has 
                electricity from renewable biomass as a fuel type under 
                such program.
                    (E) Registration request.--The term ``registration 
                request'' means a request for registration of a 
                facility producing electricity from renewable biomass 
                under an approved fuel pathway under the renewable fuel 
                program.
                    (F) Renewable biomass.--The term ``renewable 
                biomass'' has the meaning given such term in section 
                211(o) of the Clean Air Act (42 U.S.C. 7545(o)) and 
                regulations thereunder (or any successor regulations).
                    (G) Renewable fuel program.--The term ``renewable 
                fuel program'' means the renewable fuel program under 
                section 211(o) of the Clean Air Act (42 U.S.C. 
                7545(o)).
                    (H) Transportation fuel.--The ``transportation 
                fuel'' has the meaning given such term in section 
                211(o)(1) of the Clean Air Act (42 U.S.C. 7545(o)(1)) 
                and regulations thereunder (or any successor 
                regulations).

SEC. 3. ELIMINATION OF RESTRICTION ON RENEWABLE BIOMASS FROM FEDERAL 
              FORESTLANDS.

    Section 211(o)(1)(I) of the Clean Air Act (42 U.S.C. 7545(o)(1)(I)) 
is amended--
            (1) in clause (i), by striking ``non-federal''; and
            (2) in clause (ii), by striking ``that are from non-federal 
        forestlands, including forestlands'' and inserting ``from 
        forestlands, including those on public lands and those''.

SEC. 4. TECHNICAL CORRECTIONS.

    (a) Section 211(o)(1)(G) of the Clean Air Act (42 U.S.C. 
7545(o)(1)(G)) is amended by inserting ``and'' before ``sulfur 
hexafluoride''.
    (b) Subparagraph (C) of section 211(o)(11) of the Clean Air Act (42 
U.S.C. 7545(o)(11)) is amended to read as follows:
                    ``(C) the impacts of the requirements described in 
                subparagraph (B) of paragraph (2) on each individual 
                and entity described in subparagraph (A)(iii)(I), 
                (A)(iv), or (B)(ii)(V) of paragraph (2).''.
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