I 
117TH CONGRESS 
1ST SESSION H. R. 5899 
To direct the Administrator of the Environmental Protection Agency to pro-
vide for the generation of Renewable Identification Numbers under the 
renewable fuel program for electricity from renewable biomass, and for 
other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 5, 2021 
Mr. GARAMENDI introduced the following bill; which was referred to the 
Committee on Energy and Commerce 
A BILL 
To direct the Administrator of the Environmental Protection 
Agency to provide for the generation of Renewable Iden-
tification Numbers under the renewable fuel program 
for electricity from renewable biomass, and for other 
purposes. 
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 ‘‘Biomass and Biogas 
for Electric Vehicles Act’’. 
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SEC. 2. RENEWABLE ELECTRICITY UNDER THE RENEW-
ABLE FUEL PROGRAM. 
(a) IN GENERAL.—The Administrator shall, with re-
spect to electricity from renewable biomass used as a 
transportation fuel— 
(1) provide for the generation of Renewable 
Identification Numbers under the renewable fuel 
program in accordance with the maximum quotas 
determined under subsection (b)(3) (except as pro-
vided in subsection (c)); and 
(2) allow only the operator of a registered facil-
ity to generate Renewable Identification Numbers 
with respect to such electricity. 
(b) REQUIREMENTS.— 
(1) ESTIMATE.—In carrying out subsection (a), 
the Administrator shall estimate the total electricity 
usage attributable to transportation fuel for electric 
vehicles in the United States. 
(2) DATA SOURCES.—In carrying out this sub-
section, the Administrator shall use— 
(A) data from the Energy Information Ad-
ministration; 
(B) data from the Department of Trans-
portation; 
(C) vehicle registration data from each 
State; 
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(D) Federal or State pilot programs for 
determining vehicle miles traveled or average 
fuel economy for electric vehicles; 
(E) information on electric vehicle tax 
credits from the Internal Revenue Service; and 
(F) other information the Administrator 
determines appropriate. 
(3) QUOTA FOR REGISTERED FACILITIES.—In 
carrying out subsection (a), the Administrator shall, 
for each calendar year, set a maximum quota for the 
Renewable Identification Numbers that may be gen-
erated by a registered facility that does not exceed 
lesser of— 
(A) the maximum design capacity of such 
facility; or 
(B) the quantity of electricity equal to— 
(i) the share of electricity generated 
by the registered facility from renewable 
biomass relative to the total quantity of 
electricity generated by all registered facili-
ties from renewable biomass during such 
calendar year; multiplied by 
(ii) the estimate under paragraph (1) 
for such calendar year. 
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(4) RETIREMENT.—In carrying out this section, 
the Administrator shall, for each calendar year, re-
quire a registered facility to retire any Renewable 
Identification Numbers generated in excess of the 
cumulative maximum quota for such registered facil-
ity under paragraph (3) by a compliance deadline set 
annually by the Administrator. 
(c) EXCEPTION.—The Administrator shall not apply 
the provisions of this section in the case of a registered 
facility that has a written contract or affidavit for the sale 
or use of a specific quantity of electricity from renewable 
biomass for use as a transportation fuel. 
(d) TIMELY REVIEW OF PETITIONS AND REGISTRA-
TIONS.—The Administrator shall review and make a de-
termination for pathway petitions and registration re-
quests— 
(1) in the case of a complete pathway petition 
or registration request, by not later than the day 
that is 365 days after the date of submission of such 
petition or request (irrespective of whether the final 
rule required by subsection (g) has been promul-
gated as of such day); and 
(2) in the case of other pathway petitions and 
registration requests, in a timely and expeditious 
manner. 
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(e) PUBLIC DISCLOSURE.—The Administrator shall 
publish on the public internet website of the Environ-
mental Protection Agency, and update each calendar year 
on a quarterly basis, the following: 
(1) With respect to each pathway petition that 
is pending, approved, or denied on or after the date 
of enactment of this Act: 
(A) The date such pathway petition is sub-
mitted to the Environmental Protection Agency. 
(B) The date any fee assessed pursuant to 
subsection (f) is collected by the Environmental 
Protection Agency. 
(C) The date the Administrator determines 
that such pathway petition is complete. 
(D) The date such pathway petition is ap-
proved or denied by the Administrator. 
(2) With respect to each registration request 
that is pending, approved, or denied on or after the 
date of enactment of this Act: 
(A) The date such registration request is 
submitted to the Environmental Protection 
Agency. 
(B) The date any fee assessed pursuant to 
subsection (f) is collected by the Environmental 
Protection Agency. 
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(C) The date the Administrator determines 
that such registration request is complete. 
(D) The date such registration request is 
approved or denied by the Administrator. 
(f) FEES.— 
(1) ASSESSMENT AND COLLECTION.—The Ad-
ministrator may assess and collect a fee, in amounts 
determined by the Administrator necessary to cover 
the costs described in paragraph (2), from the oper-
ator of a facility that submits, updates, or renews— 
(A) a pathway petition; or 
(B) a registration request. 
(2) USE OF FEES.—A fee assessed and col-
lected pursuant to paragraph (1) shall be available, 
without further appropriation or fiscal year limita-
tion, for use by the Administrator for the costs of— 
(A) reviewing pathway petitions, including 
any associated costs for personnel; 
(B) reviewing registration requests, includ-
ing any associated costs for personnel; and 
(C) otherwise carrying out this Act. 
(3) REFUND.—If the Administrator has not 
completed a review of a complete pathway petition or 
registration request for which a fee has been as-
sessed and collected pursuant to paragraph (1) not 
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later than 12 months after the date of such collec-
tion— 
(A) the operator of a facility that sub-
mitted such pathway petition or registration re-
quest may request a refund of such fee; 
(B) not later than 90 days after receiving 
such request, the Administrator shall issue a 
full refund of such fee; and 
(C) the Administrator shall complete re-
view and disposition of such pathway petition or 
registration request without imposing any fur-
ther fee under this section for such process. 
(4) WAIVER.—The Administrator may, at the 
Administrator’s discretion, waive the fee under para-
graph (1)— 
(A) for an electric utility that is wholly 
owned by a State, territorial, or Tribal govern-
ment (including any political subdivision there-
of); or 
(B) if the Administrator determines that 
such waiver is in the public interest. 
(g) RULE.—Not later that 2 years after the date of 
enactment of this Act, the Administrator shall, for pur-
poses of carrying out this Act, promulgate a final rule re-
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SEC. 4. TECHNICAL CORRECTIONS. 
(a) Section 211(o)(1)(G) of the Clean Air Act (42 
U.S.C. 7545(o)(1)(G)) is amended by inserting ‘‘and’’ be-
fore ‘‘sulfur hexafluoride’’. 
(b) Subparagraph (C) of section 211(o)(11) of the 
Clean Air Act (42 U.S.C. 7545(o)(11)) is amended to read 
as follows: 
‘‘(C) the impacts of the requirements de-
scribed in subparagraph (B) of paragraph (2) 
on each individual and entity described in sub-
paragraph (A)(iii)(I), (A)(iv), or (B)(ii)(V) of 
paragraph (2).’’. 
Æ 
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