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. HUN-
TER) 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 partici-
pating in the corn ethanol portions of the renewable 
fuel standard due to conflicts with agricultural, economic, 
energy, or environmental goals. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Fuel Feedstock Free-
dom Act’’. 
VerDate Mar 15 2010 
00:05 Jun 02, 2011
Jkt 099200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H2009.IH
H2009
jbell on DSKDVH8Z91PROD with BILLS
SEC. 2. NEXT GENERATION BIOFUEL. 
(a) DEFINITIONS.—Section 211(o)(1) of the Clean 
Air Act (42 U.S.C. 7545(o)(1)) is amended— 
(1) by redesignating subparagraphs (E), (F), 
(G), and (H) as subparagraphs (H), (E), (F), and 
(G), respectively, and moving subparagraph (H) (as 
so redesignated) to appear before subparagraph (I); 
and 
(2) in subparagraph (H) (as redesignated by 
paragraph 
(1)), 
by 
striking 
‘‘CELLULOSIC 
BIOFUEL.—’’ and all that follows through ‘‘biomass’’ 
and inserting ‘‘NEXT GENERATION BIOFUEL.—The 
term ‘next generation biofuel’ means renewable fuel 
that is derived from any cellulose, hemicellulose, 
lignin, or algae that is derived from renewable bio-
mass or nonethanol renewable fuel that is derived 
from renewable biomass’’. 
(b) STANDARD.—Section 211(o) of the Clean Air Act 
(42 U.S.C. 7545(o)) is amended— 
(1) in paragraph (2)— 
(A) in subparagraph (A)(i), in the second 
sentence, by striking ‘‘cellulosic’’ and inserting 
‘‘next generation’’; and 
(B) in subparagraph (B)— 
(i) in clause (i)(III)— 
VerDate Mar 15 2010 
00:05 Jun 02, 2011
Jkt 099200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H2009.IH
H2009
jbell on DSKDVH8Z91PROD with BILLS
(I) in the subclause heading, by 
striking ‘‘CELLULOSIC’’ and inserting 
‘‘NEXT GENERATION’’; 
(II) by striking ‘‘cellulosic’’ and 
inserting ‘‘next generation’’; and 
(III) in the heading of the right 
column, by striking ‘‘cellulosic’’ 
and inserting ‘‘next generation’’; 
(ii) in clause (ii)(III), by striking ‘‘cel-
lulosic’’ and inserting ‘‘next generation’’; 
and 
(iii) in clause (iv)— 
(I) in the clause heading, by 
striking ‘‘CELLULOSIC’’ and inserting 
‘‘NEXT GENERATION’’; and 
(II) by striking ‘‘cellulosic’’ and 
inserting ‘‘next generation’’; 
(2) in paragraphs (3)(A), (4)(A), and (4)(B), 
by striking ‘‘cellulosic’’ each place it appears and in-
serting ‘‘next generation’’; and 
(3) in paragraph (7)(D)— 
(A) in the subparagraph heading, by strik-
ing ‘‘CELLULOSIC’’ and inserting ‘‘NEXT GEN-
ERATION’’; and 
VerDate Mar 15 2010 
00:05 Jun 02, 2011
Jkt 099200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H2009.IH
H2009
jbell on DSKDVH8Z91PROD with BILLS
(B) by striking ‘‘cellulosic’’ each place it 
appears and inserting ‘‘next generation’’. 
SEC. 3. STATE OPTION OF NON-PARTICIPATION IN RENEW-
ABLE FUEL STANDARD. 
Section 211(o)(2)(B) of the Clean Air Act (42 U.S.C. 
7545(o)(2)(B)) is amended by adding at the end the fol-
lowing: 
‘‘(vi) ELECTION
OF
NON-PARTICIPA-
TION BY STATE GOVERNMENT.— 
‘‘(I) IN GENERAL.—For purposes 
of subparagraph (A), the applicable 
volume of renewable fuel as deter-
mined under this subparagraph shall 
be adjusted in accordance with this 
clause. 
‘‘(II) REQUIREMENTS.—On pas-
sage by a State legislature and signa-
ture by the Governor of the State of 
a law that elects to not participate in 
the applicable volume of renewable 
fuel in accordance with this clause, 
the Administrator shall allow a State 
to not participate in the applicable 
volume of renewable fuel determined 
under subclause (I) of clause (i), other 
VerDate Mar 15 2010 
00:05 Jun 02, 2011
Jkt 099200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H2009.IH
H2009
jbell on DSKDVH8Z91PROD with BILLS
than the applicable volumes of renew-
able fuel required under subclauses 
(II), (III), and (IV) of that clause. 
‘‘(III) REDUCTION.—On the elec-
tion of a State under subclause (II), 
the Administrator shall reduce the ap-
plicable volume of renewable fuel de-
termined under clause (i)(I) by the 
percentage that reflects the national 
gasoline consumption of the non-par-
ticipating State that is attributable to 
that State. 
‘‘(IV) CREDITS TO HOLD FUEL 
SALES HARMLESS.—On the election of 
a State under subclause (II), the Ad-
ministrator shall provide for the gen-
eration of credits for all gasoline (re-
gardless of whether the gasoline is 
blended) provided through a fuel ter-
minal in the State to be calculated as 
though the gasoline were blended with 
the maximum allowable ethanol con-
tent of gasoline allowed in that State 
to apply toward the applicable volume 
VerDate Mar 15 2010 
00:05 Jun 02, 2011
Jkt 099200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H2009.IH
H2009
jbell on DSKDVH8Z91PROD with BILLS