118 S2635 IS: Flex Fuel Fairness Act of 2023 U.S. Senate 2023-07-27 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.

II118th CONGRESS1st SessionS. 2635IN THE SENATE OF THE UNITED STATESJuly 27, 2023Ms. Klobuchar (for herself and Mr. Ricketts) introduced the following bill; which was read twice and referred to the Committee on Environment and Public WorksA BILLTo require the Administrator of the Environmental Protection Agency to ensure that flexible fuel vehicles may use certain gram per mile carbon dioxide values for purposes of determining fleet average carbon dioxide standards for certain vehicles.

1.

Short title

This Act may be cited as the Flex Fuel Fairness Act of 2023.

2.

Finding

Congress finds that the Greenhouse gases, Regulated Emissions, and Energy use in Technologies (GREET) model developed by Argonne National Laboratory finds that E85 fuel made with average corn starch ethanol reduces greenhouse gas emissions by 31 percent per mile traveled as compared to gasoline with no ethanol.

3.

Definitions

In this Act:(1)

Administrator

The term Administrator means the Administrator of the Environmental Protection Agency.(2)

Flexible fuel vehicle

The term flexible fuel vehicle has the meaning given the term in section 86.1803–01 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act). (3)

Manufacturer

The term manufacturer has the meaning given the term in section 216 of the Clean Air Act (42 U.S.C. 7550).

4.

Flexible fuel vehicle compliance value

(a)

In general

Not later than 120 days after the date of enactment of this Act, the Administrator shall revise section 86.1818–12 of title 40, Code of Federal Regulations, to ensure that, for purposes of determining fleet average CO2 standards under that section, manufacturers may use a gram per mile CO2 value for flexible fuel vehicles that is 31 percent lower than the gram per mile CO2 value for the same vehicle make and model that is not a flexible fuel vehicle. (b)

Further adjustment

The Administrator may, by regulation, apply a larger percentage reduction in the gram per mile CO2 value for flexible fuel vehicles than the percentage described in subsection (a) if the Administrator determines that the larger percentage reduction is appropriate based on a version of the Greenhouse gases, Regulated Emissions, and Energy use in Technologies (GREET) model developed by Argonne National Laboratory after the date of enactment of this Act.