I 

112TH CONGRESS 

1ST SESSION H. R. 2009 

To amend the Clean Air Act to define next generation biofuel, and to allow 

States the option of not participating in the corn ethanol portions of 

the renewable fuel standard due to conflicts with agricultural, economic, 

energy, or environmental goals. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 26, 2011 

Mr. BILBRAY (for himself, Mr. ISSA, Mr. MORAN, Mr. BOREN, and Mr. HUNTER) introduced the following bill; which was referred to the Committee 

on Energy and Commerce 

A BILL 

To amend the Clean Air Act to define next generation 

biofuel, and to allow States the option of not participating in the corn ethanol portions of the renewable 

fuel standard due to conflicts with agricultural, economic, 

energy, or environmental goals. 

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 ‘‘Fuel Feedstock Free5 dom Act’’. 


jbell on DSKDVH8Z91PROD with BILLS
2 

•HR 2009 IH

1 SEC. 2. NEXT GENERATION BIOFUEL. 

2 (a) DEFINITIONS.—Section 211(o)(1) of the Clean 

3 Air Act (42 U.S.C. 7545(o)(1)) is amended— 

4 (1) by redesignating subparagraphs (E), (F), 

5 (G), and (H) as subparagraphs (H), (E), (F), and 

6 (G), respectively, and moving subparagraph (H) (as 

7 so redesignated) to appear before subparagraph (I); 

8 and 

9 (2) in subparagraph (H) (as redesignated by 

10 paragraph (1)), by striking ‘‘CELLULOSIC

11 BIOFUEL.—’’ and all that follows through ‘‘biomass’’ 

12 and inserting ‘‘NEXT GENERATION BIOFUEL.—The 

13 term ‘next generation biofuel’ means renewable fuel 

14 that is derived from any cellulose, hemicellulose, 

15 lignin, or algae that is derived from renewable bio16 mass or nonethanol renewable fuel that is derived 

17 from renewable biomass’’. 

18 (b) STANDARD.—Section 211(o) of the Clean Air Act 

19 (42 U.S.C. 7545(o)) is amended— 

20 (1) in paragraph (2)— 

21 (A) in subparagraph (A)(i), in the second 

22 sentence, by striking ‘‘cellulosic’’ and inserting 

23 ‘‘next generation’’; and 

24 (B) in subparagraph (B)— 

25 (i) in clause (i)(III)— 


jbell on DSKDVH8Z91PROD with BILLS
3 

•HR 2009 IH

1 (I) in the subclause heading, by 

2 striking ‘‘CELLULOSIC’’ and inserting 

3 ‘‘NEXT GENERATION’’; 

4 (II) by striking ‘‘cellulosic’’ and 

5 inserting ‘‘next generation’’; and 

6 (III) in the heading of the right 

7 column, by striking ‘‘cellulosic’’ 

8 and inserting ‘‘next generation’’; 

9 (ii) in clause (ii)(III), by striking ‘‘cel10 lulosic’’ and inserting ‘‘next generation’’; 

11 and 

12 (iii) in clause (iv)— 

13 (I) in the clause heading, by 

14 striking ‘‘CELLULOSIC’’ and inserting 

15 ‘‘NEXT GENERATION’’; and 

16 (II) by striking ‘‘cellulosic’’ and 

17 inserting ‘‘next generation’’; 

18 (2) in paragraphs (3)(A), (4)(A), and (4)(B), 

19 by striking ‘‘cellulosic’’ each place it appears and in20 serting ‘‘next generation’’; and 

21 (3) in paragraph (7)(D)— 

22 (A) in the subparagraph heading, by strik23 ing ‘‘CELLULOSIC’’ and inserting ‘‘NEXT GEN24 ERATION’’; and 


jbell on DSKDVH8Z91PROD with BILLS
4 

•HR 2009 IH

1 (B) by striking ‘‘cellulosic’’ each place it 

2 appears and inserting ‘‘next generation’’. 

3 SEC. 3. STATE OPTION OF NON-PARTICIPATION IN RENEW4 ABLE FUEL STANDARD. 

5 Section 211(o)(2)(B) of the Clean Air Act (42 U.S.C. 

6 7545(o)(2)(B)) is amended by adding at the end the fol7 lowing: 

8 ‘‘(vi) ELECTION OF NON-PARTICIPA9 TION BY STATE GOVERNMENT.— 

10 ‘‘(I) IN GENERAL.—For purposes 

11 of subparagraph (A), the applicable 

12 volume of renewable fuel as deter13 mined under this subparagraph shall 

14 be adjusted in accordance with this 

15 clause. 

16 ‘‘(II) REQUIREMENTS.—On pas17 sage by a State legislature and signa18 ture by the Governor of the State of 

19 a law that elects to not participate in 

20 the applicable volume of renewable 

21 fuel in accordance with this clause, 

22 the Administrator shall allow a State 

23 to not participate in the applicable 

24 volume of renewable fuel determined 

25 under subclause (I) of clause (i), other 


jbell on DSKDVH8Z91PROD with BILLS
5 

•HR 2009 IH

1 than the applicable volumes of renew2 able fuel required under subclauses 

3 (II), (III), and (IV) of that clause. 

4 ‘‘(III) REDUCTION.—On the elec5 tion of a State under subclause (II), 

6 the Administrator shall reduce the ap7 plicable volume of renewable fuel de8 termined under clause (i)(I) by the 

9 percentage that reflects the national 

10 gasoline consumption of the non-par11 ticipating State that is attributable to 

12 that State. 

13 ‘‘(IV) CREDITS TO HOLD FUEL

14 SALES HARMLESS.—On the election of 

15 a State under subclause (II), the Ad16 ministrator shall provide for the gen17 eration of credits for all gasoline (re18 gardless of whether the gasoline is 

19 blended) provided through a fuel ter20 minal in the State to be calculated as 

21 though the gasoline were blended with 

22 the maximum allowable ethanol con23 tent of gasoline allowed in that State 

24 to apply toward the applicable volume 


jbell on DSKDVH8Z91PROD with BILLS
6 

•HR 2009 IH

1 of renewable fuel determined under 

2 clause (i)(I).’’. 

Æ 


jbell on DSKDVH8Z91PROD with BILLS