[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3899 Introduced in Senate (IS)]

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118th CONGRESS
  2d Session
                                S. 3899

 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 SENATE OF THE UNITED STATES

                             March 11, 2024

Mr. King (for himself and Mrs. Shaheen) introduced the following bill; 
 which was read twice and referred to the Committee on Environment and 
                              Public Works

_______________________________________________________________________

                                 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 for Transportation Fuel 
Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Electric utility.--The term ``electric utility'' has 
        the meaning given the term in section 3 of the Federal Power 
        Act (16 U.S.C. 796).
            (2) Indian tribe.--The term ``Indian Tribe'' has the 
        meaning given the term in section 302 of the Clean Air Act (42 
        U.S.C. 7602).
            (3) 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.
            (4) 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.
            (5) Renewable biomass.--The term ``renewable biomass'' has 
        the meaning given the term in section 211(o)(1) of the Clean 
        Air Act (42 U.S.C. 7545(o)(1)).
            (6) 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)).
            (7) State.--The term ``State'' has the meaning given the 
        term in section 302 of the Clean Air Act (42 U.S.C. 7602).
            (8) Transportation fuel.--The term ``transportation fuel'' 
        has the meaning given the term in section 211(o)(1) of the 
        Clean Air Act (42 U.S.C. 7545(o)(1)).

SEC. 3. RENEWABLE ELECTRICITY UNDER THE RENEWABLE FUEL PROGRAM.

    (a) Timely Review of Petitions and Registrations.--The 
Administrator of the Environmental Protection Agency (referred to in 
this section as 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 date that is 365 
        days after the date of submission of the pathway petition or 
        registration request; and
            (2) in the case of other pathway petitions and registration 
        requests, in a timely and expeditious manner.
    (b) Public Disclosure.--The Administrator shall publish on the 
public internet website of the Environmental Protection Agency, and 
update 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 on which the pathway petition is 
                submitted to the Environmental Protection Agency;
                    (B) the date on which any fee assessed pursuant to 
                subsection (c) is collected by the Environmental 
                Protection Agency;
                    (C) the date on which the Administrator determines 
                that the pathway petition is complete; and
                    (D) the date on which the 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 on which the registration request is 
                submitted to the Environmental Protection Agency;
                    (B) the date on which any fee assessed pursuant to 
                subsection (c) is collected by the Environmental 
                Protection Agency;
                    (C) the date on which the Administrator determines 
                that the registration request is complete; and
                    (D) the date on which the registration request is 
                approved or denied by the Administrator.
    (c) 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) by the date that is 18 months after the date of 
        that collection--
                    (A) the operator of a facility that submitted the 
                pathway petition or registration request may request a 
                refund of the fee;
                    (B) not later than 90 days after receiving a 
                request under subparagraph (A), the Administrator shall 
                issue a full refund of the fee; and
                    (C) the Administrator shall complete review and 
                disposition of the pathway petition or registration 
                request without imposing any further fee under this 
                section for that process.
            (4) Waiver.--The Administrator may, at the discretion of 
        the Administrator, waive the fee under paragraph (1)--
                    (A) for an electric utility that is wholly owned by 
                a State (including any political subdivision thereof) 
                or an Indian Tribe; or
                    (B) if the Administrator determines that the waiver 
                is in the public interest.
    (d) Rulemaking on Generation of Credits (eRINs) for Electricity 
From Renewable Biomass.--
            (1) Definition of registered party.--In this subsection, 
        the term ``registered party'' means an electric utility with--
                    (A) a fuel pathway approved by the Administrator 
                under the renewable fuel program; and
                    (B) a facility that--
                            (i) produces electricity from renewable 
                        biomass; and
                            (ii) is registered under the renewable fuel 
                        program.
            (2) Regulation required.--Subject to paragraph (4), the 
        Administrator shall--
                    (A) not later than 90 days after the date of 
                enactment of this Act, promulgate a regulation 
                providing for the generation of credits under section 
                211(o)(5) of the Clean Air Act (42 U.S.C. 7545(o)(5)) 
                for electricity produced from renewable biomass that is 
                sold, distributed, or used as transportation fuel; and
                    (B) not later than 1 year after the date of 
                enactment of this Act, finalize that regulation.
            (3) Contents.--The regulation under paragraph (2) shall 
        prescribe and clarify--
                    (A) which registered parties can generate the 
                credits and associated Renewable Identification 
                Numbers;
                    (B) how to prevent the credits from resulting in 
                double-counting for purposes of the renewable fuel 
                program; and
                    (C) data requirements for valid generation of the 
                credits and associated Renewable Identification 
                Numbers.
            (4) Option to finalize prior proposed rule.--In lieu of 
        promulgating a regulation pursuant to paragraph (2), the 
        Administrator may choose to modify and finalize the proposed 
        rule of the Environmental Protection Agency entitled 
        ``Renewable Fuel Standard (RFS) Program: Standards for 2023-
        2025 and Other Changes'' (87 Fed. Reg. 80582 (December 30, 
        2022)) to include--
                    (A) provisions for the generation of credits as 
                described in paragraph (2); and
                    (B) each requirement and clarification listed in 
                paragraph (3).

SEC. 4. ELIMINATION OF CERTAIN RESTRICTIONS ON RENEWABLE BIOMASS FROM 
              FORESTLANDS.

    Section 211(o)(1)(I) of the Clean Air Act (42 U.S.C. 7545(o)(1)(I)) 
is amended--
            (1) by striking clause (ii) and inserting the following:
                            ``(ii) Trees and tree residue from 
                        forestlands (including forestlands belonging to 
                        an Indian Tribe or an Indian individual, that 
                        are held in trust by the United States or 
                        subject to a restriction against alienation 
                        imposed by the United States).''; and
            (2) in clause (iv)--
                    (A) by striking ``Slash and pre-commercial 
                thinnings that are from non-federal forestlands'' and 
                inserting ``Slash and thinnings from forestlands''; and
                    (B) by inserting ``, unless the slash and thinnings 
                are derived off those forests or forestlands for 
                restoration purposes following a natural disturbance 
                event'' after ``or late successional forest''.

SEC. 5. FEDERAL DATA REPORTING ON RENEWABLE ELECTRICITY FROM BIOMASS.

    (a) In General.--The Administrator of the Energy Information 
Administration (referred to in this section as the ``Administrator'') 
shall include in the Electric Power Monthly, Electric Power Annual, 
Annual Energy Outlook, and any other relevant report of the Energy 
Information Administration, data on electricity generated from 
renewable biomass.
    (b) Separate Line Item.--In carrying out subsection (a), the 
Administrator shall include data on electricity generated from 
renewable biomass as a separate line item or in a manner that otherwise 
identifies such data as a separate subtotal of electricity generated.
    (c) Consultation.--In carrying out this section, the Administrator 
shall consult with the Administrator of the Environmental Protection 
Agency.

SEC. 6. TECHNICAL CORRECTIONS.

    (a) Definitions.--Section 211(o)(1)(G) of the Clean Air Act (42 
U.S.C. 7545(o)(1)(G)) is amended, in the first sentence, by inserting 
``and'' before ``sulfur hexafluoride''.
    (b) Periodic Reviews.--Section 211(o)(11) of the Clean Air Act (42 
U.S.C. 7545(o)(11)) is amended by striking subparagraph (C) and 
inserting the following:
                    ``(C) the impacts of the requirements described in 
                paragraph (2)(B) on--
                            ``(i) refineries, blenders, distributors, 
                        and importers referred to in paragraph 
                        (2)(A)(iii)(I); and
                            ``(ii) consumers described in subparagraph 
                        (A)(iv) or (B)(ii)(V) of paragraph (2).''.
    (c) Blending of Compliant Reformulated Gasolines.--Section 
211(t)(1) of the Clean Air Act (42 U.S.C. 7545(t)(1)) is amended, in 
the matter preceding subparagraph (A), by striking ``this subtitle'' 
and inserting ``this part''.
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