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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2409 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 2409

 To amend section 211(o) of the Clean Air Act, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 14, 2009

 Mr. Peterson (for himself, Mr. Lucas, Mr. Holden, Mr. Goodlatte, Mr. 
 McIntyre, Mr. Rogers of Alabama, Mr. Boswell, Mr. Conaway, Mr. Baca, 
Mrs. Schmidt, Mr. Cardoza, Mr. Smith of Nebraska, Mr. Scott of Georgia, 
Mr. Latta, Mr. Marshall, Mr. Moran of Kansas, Ms. Herseth Sandlin, Mr. 
  Graves, Mr. Cuellar, Mr. Costa, Mr. Luetkemeyer, Mr. Ellsworth, Mr. 
  Walz, Mr. Kagen, Mr. Schrader, Mrs. Halvorson, Mrs. Dahlkemper, Mr. 
 Massa, Mr. Bright, Ms. Markey of Colorado, Mr. Kratovil, Mr. Schauer, 
  Mr. Kissell, Mr. Boccieri, Mr. Murphy of New York, Mr. Pomeroy, Mr. 
  Childers, Mr. Minnick, Mr. Latham, Mr. Berry, Mr. Salazar, and Mr. 
    Boyd) introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL

 
 To amend section 211(o) of the Clean Air Act, 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 ``Renewable Fuel Standard Improvement 
Act''.

SEC. 2. AMENDMENT.

    Section 211(o) of the Clean Air Act is amended as follows:
            (1) In paragraphs (1)(B)(i), (2)(A)(i), and (2)(A)(ii), the 
        matter following paragraph (2)(B)(ii)(VI), paragraphs 
        (2)(B)(iv), (3), (4), (5), (6)(B), (7)(A)(i), (7)(A)(ii), 
        (7)(B), (7)(D), (7)(E), (7)(F), (8)(D), (9)(A)(ii)(II), 
        (9)(B)(i), (9)(B)(iii), (9)(C), (9)(D), and (11), by striking 
        ``Administrator'' and inserting ``Secretary of Agriculture, the 
        Secretary of Energy, and the Administrator''.
            (2) In paragraph (1)(C)--
                    (A) by striking ``Administrator'' and inserting 
                ``Secretary of Energy''; and
                    (B) by striking ``in 2005.'' and inserting ``2008. 
                At 3 year intervals after 2008, the baseline shall be 
                updated by using a date 3 years after the prior 
                baseline date.''.
            (3) In paragraph (1) by amending subparagraph (D) as 
        follows:
                    (A) By striking ``and that has'' and inserting a 
                period and the following: ``In the case of renewable 
                fuel produced from facilities that commenced 
                construction after December 19, 2007, such term only 
                includes such biodiesel if it has''.
                    (B) By striking out ``the preceding sentence'' and 
                insert ``the preceding provisions of this 
                subparagraph''.
            (4) In subparagraph (D) and (E) of paragraph (1), by 
        striking ``Administrator'' and inserting ``Secretary of 
        Agriculture and the Secretary of Energy''.
            (5) In paragraph (1)(G), by striking the last sentence.
            (6) By amending paragraph (1)(H) to read as follows:
                    ``(H) Lifecycle greenhouse gas emissions.--
                            ``(i) In general.--The term `lifecycle 
                        greenhouse gas emissions' means the aggregate 
                        quantity of direct greenhouse gas emissions 
                        relating to the full fuel lifecycle, as 
                        determined by the Secretary of Agriculture and 
                        the Secretary of Energy based on--
                                    ``(I) measurements taken using the 
                                most recent observable data; and
                                    ``(II) consideration of regional 
                                differences of renewable fuel 
                                production.
                            ``(ii) Inclusions.--The term `lifecycle 
                        greenhouse gas emissions' includes greenhouse 
                        gas emissions from all stages of fuel and 
                        feedstock production and distribution, from 
                        feedstock generation or extraction through the 
                        distribution and delivery and use of the 
                        finished fuel to the ultimate consumer, where 
                        the mass values for all greenhouse gases are 
                        adjusted to account for the relative global 
                        warming potential of the greenhouse gases.
                            ``(iii) Peer review and model.--The 
                        Secretary of Agriculture and the Secretary of 
                        Energy shall carry out a peer review of any 
                        model used in measuring lifecycle greenhouse 
                        gas emissions and make the results of the peer 
                        review and model publicly available before any 
                        public comment period provided in connection 
                        with the determination made under this 
                        subparagraph.''.
            (7) Amend paragraph (1)(I) to read as follows:
                    ``(I) Renewable biomass.--The term `renewable 
                biomass' means--
                            ``(i) materials, pre-commercial thinnings, 
                        or invasive species from National Forest System 
                        land and public lands (as defined in section 
                        103 of the Federal Land Policy and Management 
                        Act of 1976 (43 U.S.C. 1702)) that--
                                    ``(I) are byproducts of preventive 
                                treatments that are removed--
                                            ``(aa) to reduce hazardous 
                                        fuels;
                                            ``(bb) to reduce or contain 
                                        disease or insect infestation; 
                                        or
                                            ``(cc) to restore ecosystem 
                                        health;
                                    ``(II) would not otherwise be used 
                                for higher-value products; and
                                    ``(III) are harvested in accordance 
                                with--
                                            ``(aa) applicable law and 
                                        land management plans; and
                                            ``(bb) the requirements 
                                        for--

                                                    ``(AA) old-growth 
                                                maintenance, 
                                                restoration, and 
                                                management direction of 
                                                paragraphs (2), (3), 
                                                and (4) of subsection 
                                                (e) of section 102 of 
                                                the Healthy Forests 
                                                Restoration Act of 2003 
                                                (16 U.S.C. 6512); and

                                                    ``(BB) large-tree 
                                                retention of subsection 
                                                (f) of that section; or

                            ``(ii) any organic matter that is available 
                        on a renewable or recurring basis from non-
                        Federal land or land belonging to an Indian or 
                        Indian tribe that is held in trust by the 
                        United States or subject to a restriction 
                        against alienation imposed by the United 
                        States, including--
                                    ``(I) renewable plant material, 
                                including--
                                            ``(aa) feed grains;
                                            ``(bb) other agricultural 
                                        commodities;
                                            ``(cc) other plants and 
                                        trees; and
                                            ``(dd) algae; and
                                    ``(II) waste material, including--
                                            ``(aa) crop residue;
                                            ``(bb) other vegetative 
                                        waste material (including wood 
                                        waste and wood residues);
                                            ``(cc) animal waste and 
                                        byproducts (including fats, 
                                        oils, greases, and manure); and
                                            ``(dd) food waste and yard 
                                        waste.''.
            (8) In paragraph (2)(B)(ii), by striking ``Administrator, 
        in coordination with the Secretary of Energy and the Secretary 
        of Agriculture,'' and inserting ``Secretary of Agriculture, the 
        Secretary of Energy, and the Administrator,''.
            (9) In paragraph (4)(E), by striking ``may not adjust'' and 
        inserting ``may adjust'' and by striking ``unless he 
        determines'' and inserting ``if they determine''.
            (10) In paragraph (4)(G), by striking ``effective date of 
        such adjustment, revision, or change'' and inserting ``date of 
        enactment of the Energy Independence and Security Act of 
        2007''.
            (11) In paragraphs (7)(A), (7)(B), (7)(E)(i), (7)(E)(ii), 
        and (7)(E)(iii), by striking ``Administrator, in consultation 
        with the Secretary of Energy and the Secretary of Agriculture'' 
        and inserting ``Secretary of Agriculture, the Secretary of 
        Energy, and the Administrator''.
            (12) In clauses (i) and (ii) by striking out ``a 
        determination by the Administrator'' and inserting ``their 
        determination''.
            (13) In paragraph (7)(A), by striking ``Administrator on 
        his own'' and inserting ``Secretary of Agriculture, the 
        Secretary of Energy, and the Administrator on their own''.
            (14) In paragraphs (8)(A) and paragraph (9)(A)(ii)(I), by 
        striking ``the Secretary of Energy shall conduct for the 
        Administrator'' and inserting ``the Secretary of Agriculture 
        and the Secretary of Energy shall conduct''.
            (15) In paragraph (8)(C), by striking ``the Secretary of 
        Energy shall make specific recommendations to the 
        Administrator'' and inserting ``the Secretary of Agriculture 
        and the Secretary of Energy shall make specific 
        recommendations''.
            (16) In paragraph (8)(D)(i), by striking ``by the Secretary 
        of Energy''.
            (17) In paragraph (9)(B)(ii), by striking ``Administrator, 
        in consultation with the Secretary of Energy,'' and inserting 
        ``the Secretary of Agriculture, the Secretary of Energy, and 
        the Administrator''.
            (18) In paragraph (10)(B), by striking ``Administrator'' 
        and inserting ``President''.
                                 <all>
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