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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3381 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3381

 To amend the Clean Air Act to modify certain definitions of the term 
             ``renewable biomass'', and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 17, 2010

  Mr. Baucus (for himself, Mr. Crapo, and Mr. Tester) introduced the 
 following bill; which was read twice and referred to the Committee on 
                      Environment and Public Works

_______________________________________________________________________

                                 A BILL

 
 To amend the Clean Air Act to modify certain definitions of the term 
             ``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. DEFINITION OF RENEWABLE BIOMASS.

    (a) Clean Air Act Definitions.--
            (1) RFS definition.--Section 211(o)(1) of the Clean Air Act 
        (42 U.S.C. 7545(o)(1)) is amended by striking subparagraph (I) 
        and inserting the following:
                    ``(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.''.
            (2) Conversion assistance definition.--Section 211(s)(4) of 
        the Clean Air Act (42 U.S.C. 7545(s)(4)) is amended by striking 
        subparagraph (B) and inserting the following:
                    ``(B) Renewable biomass.--The term `renewable 
                biomass' has the meaning given the term in subsection 
                (o)(1).''.
    (b) Applicability Under Other Law.--The definition of the term 
``renewable biomass'' under section 211(o)(1) of the Clean Air Act (42 
U.S.C. 7545(o)(1)) (as amended by subsection (a)(1)) shall apply in any 
Federal law enacted after the date of enactment of this Act--
            (1) to establish a renewable electricity standard; or
            (2) to regulate the emission of greenhouse gases.
                                 <all>
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