II 

109TH CONGRESS 

1ST SESSION S. 1609 

To increase the production and use of biofuels and diversify biofuel feedstock 

as key elements to achieving energy independence for the United States. 

IN THE SENATE OF THE UNITED STATES 

JULY 29, 2005 

Ms. CANTWELL introduced the following bill; which was read twice and 

referred to the Committee on Finance 

A BILL 

To increase the production and use of biofuels and diversify 

biofuel feedstock as key elements to achieving energy 

independence for the United States. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘20/20 Biofuels Chal5 lenge Act of 2005’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) ADMINISTRATOR.—The term ‘‘Adminis9 trator’’ means the Administrator of the Environ10 mental Protection Agency. 
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1 (2) ALTERNATIVE FUEL.—The term ‘‘alter2 native fuel’’ has the meaning given the term in sec3 tion 301 of the Energy Policy Act of 1992 (42 

4 U.S.C. 13211). 

5 (3) CELLULOSIC BIOMASS ETHANOL.— 

6 (A) IN GENERAL.—Subject to subpara7 graph (B), the term ‘‘cellulosic biomass eth8 anol’’ means alternative fuels and blending 

9 components for alternative fuels that are de10 rived from cellulosic biomass feedstocks and re11 main substantially in the liquid phase at room 

12 temperature and atmospheric pressure. 

13 (B) EXCEPTION.—If a liquid alternative 

14 fuel contains components that are not derived 

15 from cellulosic biomass feedstocks, only the por16 tion of any such fuels or fuel blending compo17 nents that is derived from cellulosic biomass 

18 feedstocks shall be considered applicable. 

19 (4) CELLULOSIC BIOMASS FEEDSTOCK.—The 

20 term ‘‘cellulosic biomass feedstock’’ means fuel de21 rived from— 

22 (A) any lignocellulosic or hemicellulosic 

23 matter that is derived from organic material of 

24 a plant that is planted for the purpose of pro25 ducing energy (except a plant produced on land 
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1 enrolled in the conservation reserve program es2 tablished under subchapter B of chapter 1 of 

3 subtitle D of title XII of the Food Security Act 

4 of 1985 (16 U.S.C. 3831 et seq.), if harvesting 

5 the plant would be inconsistent with the pur6 poses of the program); or 

7 (B) nonhazardous lignocellulosic or 

8 hemicellulosic matter that is segregated from 

9 other waste materials and is derived from— 

10 (i) trees and other plant matter re11 moved from the immediate vicinity of 

12 homes, other occupied structures, or essen13 tial community infrastructure; 

14 (ii) precommercial thinning, slash, or 

15 brush (except thinning, slash, or brush 

16 from old growth forests or publicly-owned 

17 roadless areas); 

18 (iii) an agricultural crop, a crop by19 product, or a residue resource (except a 

20 plant produced on land enrolled in the con21 servation reserve program, if harvesting 

22 the plant would be inconsistent with the 

23 purposes of the program); or 
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1 (iv) miscellaneous waste (such as 

2 landscape or right-of-way tree trimmings), 

3 not including— 

4 (I) recyclable postconsumer waste 

5 paper, including such paper in munic6 ipal solid waste; 

7 (II) painted, treated, or pressur8 ized wood; or 

9 (III) wood that is contaminated 

10 by plastic or metal. 

11 (5) RENEWABLE FUEL.— 

12 (A) IN GENERAL.—The term ‘‘renewable 

13 fuel’’ means motor vehicle fuel that— 

14 (i)(I) is produced from grain, starch, 

15 oilseeds, or other biomass; or 

16 (II) is natural gas produced from a 

17 biogas source, including a landfill, sewage 

18 waste treatment plant, feedlot, or other 

19 place where decaying organic material is 

20 found; and 

21 (ii) is used to replace or reduce the 

22 quantity of fossil fuel present in a fuel 

23 mixture used to operate a motor vehicle. 

24 (B) INCLUSION.—The term ‘‘renewable 

25 fuel’’ includes— 
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1 (i) biodiesel, as defined in section 

2 312(f) of the Energy Policy Act of 1992 

3 (42 U.S.C. 13220(f)); 

4 (ii) cellulosic biomass ethanol; 

5 (iii) waste derived ethanol; and 

6 (iv) any blending components derived 

7 from renewable fuel, except that only the 

8 renewable fuel portion of any such blend9 ing component shall be considered part of 

10 the applicable volume under the renewable 

11 fuel program established by this Act. 

12 (6) WASTE DERIVED ETHANOL.—The term 

13 ‘‘waste derived ethanol’’ means ethanol derived 

14 from— 

15 (A) animal wastes, including poultry fats 

16 and poultry wastes, and other waste materials; 

17 or 

18 (B) municipal solid waste. 

19 SEC. 3. RENEWABLE FUEL STANDARD. 

20 (a) RENEWABLE FUEL PROGRAM.— 

21 (1) IN GENERAL.— 

22 (A) REGULATIONS.—Not later than 1 year 

23 after the date of enactment of this Act, the Ad24 ministrator shall promulgate regulations ensur25 ing that motor vehicle fuel sold or dispensed to 
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1 consumers in the contiguous United States, on 

2 an annual average basis, contains the applicable 

3 volume of renewable fuel specified in subsection 

4 (b). 

5 (B) COMPLIANCE.—Regardless of the date 

6 of promulgation, the regulations shall contain 

7 compliance provisions for refiners, blenders, and 

8 importers, as appropriate, to ensure that the re9 quirements of this subsection are met, unless 

10 the Administrator determines compliance will 

11 violate the Clean Air Act (42 U.S.C. 7401 et 

12 seq.). 

13 (b) APPLICABLE VOLUME.— 

14 (1) CALENDAR YEARS 2006 THROUGH 2020.— 

15 For the purpose of subsection (a), the applicable vol16 ume for each of calendar years 2006 through 2020 

17 shall be determined in accordance with the following 

18 table: 

Calendar year: (In billions of gallons):

2006 ....................................................................... 4

2008 ....................................................................... 5

2010 ....................................................................... 7

2010 ....................................................................... 9

2014 ....................................................................... 12

2016 ....................................................................... 15

2018 ....................................................................... 18

2020 ....................................................................... 20. 
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1 (2) CALENDAR YEARS 2020 AND THERE2 AFTER.—For the purpose of subsection (a), the ap3 plicable volume for calendar year 2020 and each cal4 endar year thereafter shall be no less than 

5 20,000,000,000 gallons annually. 

6 (3) EQUIVALENCY.—For the purpose of para7 graph (2), 1 gallon of either cellulosic biomass eth8 anol shall be considered to be the equivalent of 3.5 

9 gallons of renewable fuel. 

10 SEC. 4. STIMULATION OF BIODIESEL PRODUCTION. 

11 Sections 40A(e), 6426(c)(6), and 6427(e)(4)(B) of 

12 the Internal Revenue Code of 1986 (as amended by sec13 tion 1344 of the Energy Policy Act of 2005(a)) are each 

14 amended by striking ‘‘2008’’ and inserting ‘‘2010’’. 

15 SEC. 5. FULL FUEL FLEXIBILITY REQUIREMENT. 

16 (a) IN GENERAL.—Chapter 329 of title 49, United 

17 States Code, is amended by inserting after section 32902 

18 the following: 

19 ‘‘SEC. 32902A. REQUIREMENT TO EQUIP GASOLINE AND DIE20 SEL POWERED VEHICLES TO USE ALTER21 NATIVE BIOFUELS. 

22 ‘‘(a) DEFINITIONS.—In this section: 

23 ‘‘(1) FLEXIBLE FUEL MIXTURE.—The term 

24 ‘flexible fuel mixture’ means— 
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1 ‘‘(A) any mixture of ethanol with gasoline 

2 for a gasoline powered vehicle; or 

3 ‘‘(B) any mixture of biodiesel by volume 

4 with fossil-based diesel fuel for a diesel powered 

5 vehicle. 

6 ‘‘(2) VEHICLE.—The term ‘vehicle’ includes— 

7 ‘‘(A) a passenger automobile; 

8 ‘‘(B) an automobile capable of off-highway 

9 operation as defined in section 523.5 of title 49, 

10 Code of Federal Regulations (or any successor 

11 regulation); 

12 ‘‘(C) a light truck, as defined in section 

13 523.5 of title 49, Code of Federal Regulations 

14 (or any successor regulation); 

15 ‘‘(D) a heavy vehicle, including trucks used 

16 for shipping; and 

17 ‘‘(E) a large farm implement that operates 

18 on either gasoline or diesel fuels. 

19 ‘‘(3) WATER TRANSPORTATION.— 

20 ‘‘(A) IN GENERAL.—The term ‘water 

21 transportation’ includes those vehicles used pri22 marily in the transportation of people, goods, 

23 and services over significant distances and in24 cludes— 
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1 ‘‘(i) public and commercial waterborne 

2 ferrys; and 

3 ‘‘(ii) barges whose primary use is the 

4 transport of goods and services related to 

5 interstate and international commerce. 

6 ‘‘(B) EXCLUSION.—The term ‘water trans7 portation’ does not include watercraft the pri8 mary use of which is for personal recreational 

9 benefit. 

10 ‘‘(b) REQUIREMENT.—Personal and commercial land 

11 and water transportation and shipping vehicles and vessels 

12 and large farm equipment manufactured after model year 

13 2010 and capable of operating on either gasoline or diesel 

14 fuel shall also be capable of operating on a flexible fuel 

15 mixture. 

16 ‘‘(c) CONSUMER INFORMATION.—The Secretary of 

17 Transportation shall prescribe regulations that require the 

18 vehicle or vessel manufacturer— 

19 ‘‘(1) to prominently display a permanent badge 

20 or emblem on the vehicle indicating the vehicle is ca21 pable of operating on a flexible fuel mixture; and 

22 ‘‘(2) to include in the owner’s manual of each 

23 vehicle information describing— 

24 ‘‘(A) the capability of the engine to operate 

25 using a flexible fuel mixture; and 
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1 ‘‘(B) the benefits of using a flexible fuel 

2 mixture, including the renewable nature, the in3 creased fuel efficiency, and the environmental 

4 benefits of using flexible fuels.’’. 

5 (b) CONFORMING AMENDMENT.—The chapter anal6 ysis for chapter 329 of title 49, United States Code, is 

7 amended by inserting after the item relating to section 

8 32902 the following: 

‘‘32902A. Requirement to equip gasoline and diesel powered vehicles to use alternative biofuels.’’. 

9 SEC. 6. FEEDSTOCK DIVERSIFICATION. 

10 (a) CROP DIVERSIFICATION.— 

11 (1) IN GENERAL.—The Secretary of Agriculture 

12 shall support development of cellulosic feedstock by 

13 directing that erosion preventing, renewable fuel pro14 ducing crops (including switchgrass and short rota15 tion woody crops) be grown, where possible, on the 

16 35,000,000 acres of arable land in the conservation 

17 reserve program established under subchapter B of 

18 chapter 1 of subtitle D of title XII of the Food Se19 curity Act of 1985 (16 U.S.C. 3831 et seq.). 

20 (2) STUDY.—The Secretary of Agriculture shall 

21 conduct a study to determine the impact of pro22 ducing crops necessary for annual biofuel production 

23 levels of 20,000,000,000 gallons on land and on the 
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1 cost and production of food, forest products, and 

2 livestock feed. 

3 (b) RESEARCH AND DEVELOPMENT.— 

4 (1) DEPARTMENT OF AGRICULTURE.— 

5 (A) CELLULOSIC-BASED ETHANOL FEED6 STOCK.— 

7 (i) IN GENERAL.—The Secretary of 

8 Agriculture (referred to in this paragraph 

9 as the ‘‘Secretary’’) shall carry out an inte10 grated 10-year research program to im11 prove crop productivity and cost for cel12 lulosic-based ethanol feedstock. 

13 (ii) PLAN.—Not later than September 

14 30, 2006, the Secretary shall submit to 

15 Congress a 10-year technology roadmap 

16 and comprehensive 5-year research and de17 velopment plan that includes— 

18 (I) a description of ongoing work 

19 within the Department of Agriculture 

20 and other Federal agencies; 

21 (II) recommendations for accel22 eration of current work considered to 

23 support the plan; and 
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1 (III) a description of new work 

2 necessary to accomplish plan goals 

3 and objectives. 

4 (iii) ANNUAL REPORT.—Beginning on 

5 September 30, 2008, and not later than 

6 September 30 of each subsequent year, the 

7 Secretary shall submit to Congress a re8 port that— 

9 (I) summarizes accomplishments 

10 and progress made in the 5-year plan; 

11 and 

12 (II) describes any revisions to the 

13 plan or the technology roadmap. 

14 (B) BIODIESEL FEEDSTOCK.— 

15 (i) IN GENERAL.—The Secretary shall 

16 carry out an integrated 10-year research 

17 program to improve crop diversity, produc18 tivity, and cost for biodiesel feedstock. 

19 (ii) PLAN.—Not later than September 

20 30, 2006, the Secretary shall submit to 

21 Congress a 10-year technology roadmap 

22 and comprehensive 5-year research and de23 velopment plan that includes— 
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1 (I) a description of regional feed2 stocks enabling near market produc3 tion of biodiesel; 

4 (II) a description of ongoing 

5 work within the Department of Agri6 culture and other Federal agencies; 

7 (III) recommendations for accel8 eration of current work considered to 

9 support the plan; and 

10 (IV) a description of new work 

11 necessary to accomplish plan goals 

12 and objectives. 

13 (iii) ANNUAL REPORT.—Beginning on 

14 September 30, 2008, and not later than 

15 September 30 of each subsequent year, the 

16 Secretary shall submit to Congress a re17 port that— 

18 (I) summarizes accomplishments 

19 and progress made in the 5-year plan; 

20 and 

21 (II) describes any revisions to the 

22 plan or the technology roadmap. 

23 (2) DEPARTMENT OF ENERGY.— 

24 (A) CELLULOSIC FEEDSTOCK.— 
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1 (i) IN GENERAL.—The Secretary of 

2 Energy (referred to in this paragraph as 

3 the ‘‘Secretary’’) shall carry out an 8-year 

4 research and development plan to signifi5 cantly improve processes for converting cel6 lulosic feedstock into ethanol production. 

7 (ii) PLAN.—Not later than September 

8 30, 2006, the Secretary shall submit to 

9 Congress a report describing the plan. 

10 (iii) ANNUAL REPORT.—Beginning on 

11 September 30, 2008, and not later than 

12 September 30 of each subsequent year, the 

13 Secretary shall submit to Congress a re14 port that— 

15 (I) summarizes accomplishments 

16 and progress made in the 8-year plan; 

17 and 

18 (II) describes any revisions to the 

19 plan or the technology roadmap. 

20 (B) BIODIESEL FEEDSTOCK.— 

21 (i) IN GENERAL.—The Secretary shall 

22 carry out an 8-year research and develop23 ment plan to significantly improve proc24 esses for converting biodiesel feedstock into 

25 biodiesel fuel. 
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1 (ii) PLAN.—Not later than September 

2 30, 2006, the Secretary shall submit to 

3 Congress a report describing the plan. 

4 (iii) ANNUAL REPORT.—Beginning on 

5 September 30, 2008, and not later than 

6 September 30 of each subsequent year, the 

7 Secretary shall submit to Congress a re8 port that— 

9 (I) summarizes accomplishments 

10 and progress made in the 8-year plan; 

11 and 

12 (II) describes any revisions to the 

13 plan or the technology roadmap. 

14 (3) AUTHORIZATION OF APPROPRIATIONS.— 

15 There are authorized to be appropriated to carry out 

16 each of subparagraphs (A) and (B) of paragraph (1) 

17 and each of subparagraphs (A) and (B) of para18 graph (2) $50,000,000 for each of fiscal years 2006 

19 through 2010. 

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