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mination under paragraph (2)(B), the State reg-
ulatory authority shall—
‘‘(i) require each gas utility over which
the State has ratemaking authority to im-
plement an energy efficiency resource pro-
gram; and
‘‘(ii) allow such a utility to recover
any expenditures incurred by the utility in
implementing the energy efficiency resource
program.
‘‘(B) NONREGULATED GAS UTILITIES.—If a
nonregulated gas utility makes a determination
under paragraph (2)(B), the utility shall imple-
ment an energy efficiency resource program.
‘‘(4) UPDATING
REGULATIONS.—A State regu-
latory authority or nonregulated utility may update
periodically a determination under paragraph (2)(B)
to determine whether an energy efficiency resource
program should be—
‘‘(A) continued;,
‘‘(B) modified; or
‘‘(C) terminated.
‘‘(5) EXCEPTION.—Paragraph (2) shall not
apply to a State regulatory authority (or any non-
regulated gas utility operating in the State) that
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demonstrates to the Secretary that an energy effi-
ciency resource program is in effect in the State.’’.
SEC. 142. FUEL EFFICIENT ENGINE TECHNOLOGY FOR AIR-
CRAFT.
(a) IN GENERAL.—The Secretary and the Adminis-
trator of the National Aeronautics and Space Administra-
tion shall enter into a cooperative agreement to carry out
a multi-year engine development program to advance tech-
nologies to enable more fuel efficient, turbine-based propul-
sion and power systems for aeronautical and industrial ap-
plications.
(b) PERFORMANCE OBJECTIVE.—The fuel efficiency
performance objective for the program shall be to achieve
a fuel efficiency improvement of more than 10 percent by
exploring—
(1) advanced concepts, alternate propulsion, and
power configurations, including hybrid fuel cell pow-
ered systems; and
(2) the use of alternate fuel in conventional or
nonconventional turbine-based systems.
(c) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated to the Secretary to carry out
this section $60,000,000 for each of fiscal years 2006
through 2010.
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SEC. 143. MOTOR VEHICLE TIRES SUPPORTING MAXIMUM
FUEL EFFICIENCY.
(a) STANDARDS
FOR TIRES MANUFACTURED
FOR
INTERSTATE
COMMERCE.—Section 30123 of title 49,
United States Code, is amended—
(1) in subsection (b), by inserting after the first
sentence the following: ‘‘The grading system shall in-
clude standards for rating the fuel efficiency of tires
designed for use on passenger cars and light trucks.’’;
and
(2) by adding at the end the following:
‘‘(d) NATIONAL TIRE FUEL EFFICIENCY PROGRAM.—
(1) The Secretary shall develop and carry out a national
tire fuel efficiency program for tires designed for use on
passenger cars and light trucks.
‘‘(2) The program shall include the following:
‘‘(A) Policies and procedures for testing and la-
beling tires for fuel economy to enable tire buyers to
make informed purchasing decisions about the fuel
economy of tires.
‘‘(B) Policies and procedures to promote the pur-
chase of energy-efficient replacement tires, including
purchase incentives, website listings on the Internet,
printed fuel economy guide booklets, and mandatory
requirements for tire retailers to provide tire buyers
with fuel-efficiency information on tires.
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‘‘(C) Minimum fuel economy standards for tires,
promulgated by the Secretary.
‘‘(3) The minimum fuel economy standards for tires
shall—
‘‘(A) ensure that the average fuel economy of re-
placement tires is equal to or better than the average
fuel economy of tires sold as original equipment;
‘‘(B) secure the maximum technically feasible
and cost-effective fuel savings;
‘‘(C) not adversely affect tire safety;
‘‘(D) not adversely affect the average tire life of
replacement tires;
‘‘(E) incorporate the results from—
‘‘(i) laboratory testing; and
‘‘(ii) to the extent appropriate and avail-
able, on-road fleet testing programs conducted by
the manufacturers; and
‘‘(F) not adversely affect efforts to manage scrap
tires.
‘‘(4) The policies, procedures, and standards developed
under paragraph (2) shall apply to all types and models
of tires that are covered by the uniform tire quality grading
standards under section 575.104 of title 49, Code of Federal
Regulations (or any successor regulation).
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‘‘(5) Not less often than every three years, the Secretary
shall review the minimum fuel economy standards in effect
for tires under this subsection and revise the standards as
necessary to ensure compliance with requirements under
paragraph (3). The Secretary may not, however, reduce the
average fuel economy standards applicable to replacement
tires.
‘‘(6) Nothing in this chapter shall be construed to pre-
empt any provision of State law relating to higher fuel
economy standards applicable to replacement tires designed
for use on passenger cars and light trucks.
‘‘(7) Nothing in this chapter shall apply to—
‘‘(A) a tire or group of tires with the same SKU,
plant, and year, for which the volume of tires pro-
duced or imported is less than 15,000 annually;
‘‘(B) a deep tread, winter-type snow tire, space-
saver tire, or temporary use spare tire;
‘‘(C) a tire with a normal rim diameter of 12
inches or less;
‘‘(D) a motorcycle tire; or
‘‘(E) a tire manufactured specifically for use in
an off-road motorized recreational vehicle.
‘‘(8) In this subsection, the term ‘fuel economy’, with
respect to tires, means the extent to which the tires con-
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tribute to the fuel economy of the motor vehicles on which
the tires are mounted.
(b) CONFORMING AMENDMENT.—Section 30103(b) of
title 49, United States Code, is amended in paragraph (1)
by striking ‘‘When’’ and inserting ‘‘Except as provided in
section 30123(d) of this title, when’’.
(c) TIME FOR IMPLEMENTATION.—The Secretary of
Transportation shall ensure that the national tire fuel effi-
ciency program required under subsection (d) of section
30123 of title 49, United States Code (as added by sub-
section (a)(2)), is administered so as to apply the policies,
procedures, and standards developed under paragraph (2)
of such subsection (d) beginning not later than March 31,
2008.
Subtitle D—Measures to Conserve
Petroleum
SEC. 151. REDUCTION OF DEPENDENCE ON IMPORTED PE-
TROLEUM.
(a) REPORT.—
(1) IN GENERAL.—Not later than February 1,
2006, and annually thereafter, the President shall
submit to Congress a report, based on the most recent
edition of the Annual Energy Outlook published by
the Energy Information Administration, assessing the
progress made by the United States toward the goal
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of reducing dependence on imported petroleum sources
by 2015.
(2) CONTENTS.—The report under paragraph (1)
shall—
(A) include a description of the implemen-
tation, during the previous fiscal year, of provi-
sions under this Act relating to domestic crude
petroleum production;
(B) assess the effectiveness of those provi-
sions in meeting the goal described in paragraph
(1); and
(C) describe the progress in developing and
implementing measures under subsection (b).
(b) MEASURES TO REDUCE IMPORT DEPENDENCE
THROUGH INCREASED DOMESTIC PETROLEUM CONSERVA-
TION.—
(1) IN GENERAL.—Not later than 1 year after
the date of enactment of this Act, the President shall
develop and implement measures to conserve petro-
leum in end-uses throughout the economy of the
United States sufficient to reduce total demand for
petroleum in the United States by 1,000,000 barrels
per day from the amount projected for calendar year
2015 in the reference case contained in the report of
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the Energy Information Administration entitled ‘‘An-
nual Energy Outlook 2005’’.
(2) CONTENTS.—The measures under paragraph
(1) shall be designed to ensure continued reliable and
affordable energy for consumers.
(3) IMPLEMENTATION.—The measures under
paragraph (1) shall be implemented under existing
authorities of appropriate Federal executive agencies
identified by the President.
Subtitle E—Energy Efficiency in
Housing
SEC. 161. PUBLIC HOUSING CAPITAL FUND.
Section 9 of the United States Housing Act of 1937
(42 U.S.C. 1437g) is amended—
(1) in subsection (d)(1)—
(A) in subparagraph (I), by striking ‘‘;
and’’ and inserting a semicolon;
(B) in subparagraph (J), by striking the
period at the end and inserting a semicolon; and
(C) by adding at the end the following:
‘‘(K) improvement of energy and water-use
efficiency by installing fixtures and fittings that
conform to the American Society of Mechanical
Engineers/American National Standards Insti-
tute standards A112.19.2–1998 and A112.18.1–
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2000, or any revision thereto, applicable at the
time of installation, and by increasing energy ef-
ficiency and water conservation by such other
means as the Secretary determines are appro-
priate; and
‘‘(L) integrated utility management and
capital planning to maximize energy conserva-
tion and efficiency measures.’’; and
(2) in subsection (e)(2)(C)—
(A) by striking ‘‘The treatment’’ and insert-
ing the following:
‘‘(i) IN
GENERAL.—The treatment’’;
and
(B) by adding at the end the following:
‘‘(ii) THIRD PARTY CONTRACTS.—Con-
tracts described in clause (i) may include
contracts for—
‘‘(I) equipment conversions to less
costly utility sources;
‘‘(II) projects with resident-paid
utilities; and
‘‘(III) adjustments to frozen base
year consumption, including systems
repaired to meet applicable building
and safety codes and adjustments for
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occupancy rates increased by rehabili-
tation.
‘‘(iii) TERM OF CONTRACT.—The total
term of a contract described in clause (i)
shall not exceed 20 years to allow longer
payback periods for retrofits, including—
‘‘(I) windows;
‘‘(II) heating system replacements;
‘‘(III) wall insulation;
‘‘(IV) site-based generation; and
‘‘(V) advanced energy savings
technologies, including renewable en-
ergy generation and other such retro-
fits.’’.
SEC. 162. ENERGY EFFICIENT APPLIANCES.
In purchasing appliances, a public housing agency
shall purchase energy-efficient appliances that are Energy
Star products or FEMP designated products, as such terms
are defined in section 552 of the National Energy Conserva-
tion Policy Act (42 U.S.C. 8251 et seq.) (as amended by
section 104) unless the purchase of energy-efficient appli-
ances is not cost-effective to the agency.
SEC. 163. ENERGY EFFICIENCY STANDARDS.
Section 109 of the Cranston-Gonzalez National Afford-
able Housing Act (42 U.S.C. 12709) is amended—
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(1) in subsection (a)—
(A) in paragraph (1)—
(i) by striking ‘‘ 1 year after the date
of enactment of the Energy Policy Act of
1992’’ and inserting ‘‘September 30, 2006’’;
(ii) in subparagraph (A), by striking
‘‘; and’’ and inserting a semicolon;
(iii) in subparagraph (B), by striking
the period at the end and inserting ‘‘; and’’;
and
(iv) by adding at the end the following:
‘‘(C) rehabilitation and new construction of
public and assisted housing funded by HOPE VI
revitalization grants, established under section
24 of the United States Housing Act of 1937 (42
U.S.C. 1437v), where such standards are deter-
mined to be cost effective by the Secretary of
Housing and Urban Development.’’; and
(B) in paragraph (2), in the first sentence,
by inserting ‘‘, and, with respect to rehabilita-
tion and new construction of public and assisted
housing funded by HOPE VI revitalization
grants, established under section 24 of the United
States Housing Act of 1937 (42 U.S.C. 1437v),
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the 2003 International Energy Conservation
Code’’ after ‘‘Standard 90.1–1989’)’’;
(2) in subsection (b)—
(A) by striking ‘‘within 1 year after the
date of enactment of the Energy Policy Act of
1992’’ and inserting ‘‘by September 30, 2006’’;
and
(B) by inserting ‘‘, and, with respect to re-
habilitation and new construction of public and
assisted housing funded by HOPE VI revitaliza-
tion grants, established under section 24 of the
United States Housing Act of 1937 (42 U.S.C.
1437v), the 2003 International Energy Conserva-
tion Code’’ after ‘‘Standard 90.1–1989’’; and
(3) in subsection (c)—
(A) in the heading, by inserting ‘‘AND THE
INTERNATIONAL ENERGY CONSERVATION CODE’’
after ‘‘MODEL ENERGY CODE’’; and
(B) by inserting ‘‘, or, with respect to reha-
bilitation and new construction of public and as-
sisted housing funded by HOPE VI revitaliza-
tion grants, established under section 24 of the
United States Housing Act of 1937 (42 U.S.C.
1437v), the 2003 International Energy Conserva-
tion Code’’ after ‘‘Standard 90.1–1989’’.
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SEC. 164. ENERGY STRATEGY FOR THE DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT.
(a) DEVELOPMENT OF STRATEGY.—The Secretary of
Housing and Urban Development shall develop and imple-
ment an integrated energy strategy to reduce utility ex-
penses through cost-effective energy conservation and effi-
ciency measures and energy efficient design and construc-
tion of public and assisted housing.
(b) CONTENTS OF STRATEGY.—The energy strategy re-
quired under subsection (a) shall include the development
of energy reduction goals and incentives for public housing
agencies.
(c) REPORT.—Not later than 1 year after the date of
enactment of this Act, and every 2 years thereafter, the Sec-
retary of Housing and Urban Development shall submit to
Congress a report describing—
(1) the energy strategy required under subsection
(a);
(2) the actions taken by the Department of Hous-
ing and Urban Development to monitor the energy
usage of public housing agencies; and
(3) the progress, if any, in implementing the en-
ergy strategy required under subsection (a).
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TITLE II—RENEWABLE ENERGY
Subtitle A—General Provisions
SEC. 
201. 
ASSESSMENT 
OF 
RENEWABLE 
ENERGY 
RE-
SOURCES.
(a) RESOURCE ASSESSMENTS.—Not later than 180
days after the date of enactment of this Act and each year
thereafter, the Secretary shall—
(1) review the available assessments of renewable
energy resources within the United States, including
solar, wind, biomass, ocean (tidal, wave, current, and
thermal), geothermal, and hydroelectric energy re-
sources; and
(2) undertake new assessments as necessary, tak-
ing into account changes in market conditions, avail-
able technologies, and other relevant factors.
(b) REPORTS.—
(1) IN GENERAL.—Not later than 1 year after
the date of enactment of this Act and each year there-
after, the Secretary shall publish a report based on
the most recent assessment under subsection (a).
(2) CONTENTS.—The report shall contain—
(A) a detailed inventory describing the
available quantity and characteristics of the re-
newable energy resources; and
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(B) such other information as the Secretary
determines would be useful in developing the re-
newable energy resources, including—
(i) descriptions of surrounding terrain,
population and load centers, nearby energy
infrastructure, and the location of energy
and water resources;
(ii) available estimates of the costs
needed to develop each resource;
(iii) an identification of any barriers
to providing adequate transmission for re-
mote sources of renewable energy resources
to current and emerging markets;
(iv) recommendations for removing or
addressing those barriers; and
(v) recommendations for providing ac-
cess to the electrical grid that do not un-
fairly disadvantage renewable or other en-
ergy producers.
(c) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated to the Secretary to carry out
this section $10,000,000 for each of fiscal years 2006
through 2010.
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SEC. 202. RENEWABLE ENERGY PRODUCTION INCENTIVE.
(a) INCENTIVE PAYMENTS.—Section 1212(a) of the
Energy Policy Act of 1992 (42 U.S.C. 13317(a)) is
amended—
(1) by striking the last sentence;
(2) by designating the first, second, and third
sentences as paragraphs (1), (2), and (3), respectively;
(3) in paragraph (3) (as so designated), by strik-
ing ‘‘and which satisfies’’ and all that follows through
‘‘deems necessary’’; and
(4) by adding at the end the following:
‘‘(4)(A) Subject to subparagraph (B), if there are in-
sufficient appropriations to make full payments for electric
production from all qualified renewable energy facilities for
a fiscal year, the Secretary shall assign—
‘‘(i) 60 percent of appropriated funds for the fis-
cal year to facilities that use solar, wind, ocean
(tidal, wave, current, and thermal), geothermal, or
closed-loop (dedicated energy crops) biomass tech-
nologies to generate electricity; and
‘‘(ii) 40 percent of appropriated funds for the
fiscal year to other projects.
‘‘(B) After submitting to Congress an explanation of
the reasons for the alteration, the Secretary may alter the
percentage requirements of subparagraph (A).’’.
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(b) QUALIFIED RENEWABLE ENERGY FACILITY.—Sec-
tion 1212(b) of the Energy Policy Act of 1992 (42 U.S.C.
13317(b)) is amended—
(1) by striking ‘‘a State or any political’’ and
all that follows through ‘‘nonprofit electrical coopera-
tive’’ and inserting ‘‘a not-for-profit electric coopera-
tive, a public utility described in section 115 of the
Internal Revenue Code of 1986, a State, Common-
wealth, territory, or possession of the United States,
or the District of Columbia, or a political subdivision
thereof, an Indian tribal government or subdivision
thereof, or a Native Corporation (as defined in section
3 of the Alaska Native Claims Settlement Act (43
U.S.C. 1602)),’’; and
(2) by inserting ‘‘landfill gas,’’ after ‘‘wind, bio-
mass,’’.
(c) ELIGIBILITY WINDOW.—Section 1212(c) of the En-
ergy Policy Act of 1992 (42 U.S.C. 13317(c)) is amended
by striking ‘‘during the 10-fiscal year period beginning
with the first full fiscal year occurring after the enactment
of this section’’ and inserting ‘‘before October 1, 2016’’.
(d) PAYMENT PERIOD.—Section 1212(d) of the Energy
Policy Act of 1992 (42 U.S.C. 13317(d)) is amended in the
second sentence by inserting ‘‘, or in which the Secretary
determines that all necessary Federal and State authoriza-
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tions have been obtained to begin construction of the facil-
ity’’ after ‘‘eligible for such payments’’.
(e) AMOUNT OF PAYMENT.—Section 1212(e)(1) of the
Energy Policy Act of 1992 (42 U.S.C. 13317(e)(1)) is
amended in the first sentence by inserting ‘‘landfill gas,’’
after ‘‘wind, biomass,’’.
(f) TERMINATION OF AUTHORITY.—Section 1212(f) of
the Energy Policy Act of 1992 (42 U.S.C. 13317(f)) is
amended by striking ‘‘the expiration of’’ and all that follows
through ‘‘of this section’’ and inserting ‘‘September 30,
2026’’.
(g) AUTHORIZATION
OF APPROPRIATIONS.—Section
1212 of the Energy Policy Act of 1992 (42 U.S.C. 13317)
is amended by striking subsection (g) and inserting the fol-
lowing:
‘‘(g) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated such sums as are nec-
essary to carry out this section for each of fiscal years 2006
through 2026, to remain available until expended.’’.
SEC. 203. FEDERAL PURCHASE REQUIREMENT.
(a) DEFINITIONS.—In this section:
(1) BIOMASS.—The term ‘‘biomass’’ means any
solid, nonhazardous, cellulosic material that is de-
rived from—
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(A) any of the following forest-related re-
sources: mill residue, precommercial thinning,
slash, brush, or nonmerchantable material;
(B) a solid wood waste material—
(i) including a waste pallet, crate,
dunnage, manufacturing and construction
wood waste (other than pressure-treated,
chemically-treated, or painted wood waste),
and landscape or right-of-way tree trim-
ming; but
(ii) not including municipal solid
waste (garbage), gas derived from the bio-
degradation of solid waste, or paper that is
commonly recycled;
(C) agriculture waste, including an orchard
tree crop, vineyard, grain, legume, sugar, and
other crop byproduct or residue, and a livestock
waste nutrient; or
(D) a plant that is grown exclusively as a
fuel for the production of electricity.
(2) RENEWABLE ENERGY.—The term ‘‘renewable
energy’’ means electric energy generated from solar,
wind, biomass, ocean (tidal, wave, current, and ther-
mal), landfill gas, geothermal, municipal solid waste,
or new hydroelectric generation capacity achieved
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from increased efficiency or additions of new capacity
at an existing hydroelectric project.
(b) REQUIREMENT.—The President, acting through the
Secretary, shall seek to ensure that, to the extent economi-
cally feasible and technically practicable, of the total quan-
tity of electric energy the Federal Government consumes
during any fiscal year, the following amounts shall be re-
newable energy:
(1) Not less than 3 percent in each of fiscal years
2007 through 2009.
(2) Not less than 5 percent in each of fiscal years
2010 through 2012.
(3) Not less than 7.5 percent in fiscal year 2013
and each fiscal year thereafter.
(c) CALCULATION.—For purposes of determining com-
pliance with the requirement of this section, the quantity
of renewable energy shall be doubled if—
(1) the renewable energy is produced and used
onsite at a Federal facility;
(2) the renewable energy is produced on Federal
land and used at a Federal facility; or
(3) the renewable energy is produced on Indian
land (as defined in section 2601 of the Energy Policy
Act of 1992) and used at a Federal facility.
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(d) REPORT.—Not later than April 15, 2007, and
every 2 years thereafter, the Secretary shall provide to Con-
gress a report on the progress of the Federal Government
in meeting the goals established by this section.
Subtitle B—Reliable Fuels
SEC. 211. RENEWABLE CONTENT OF GASOLINE.
(a) IN GENERAL.—Section 211 of the Clean Air Act
(42 U.S.C. 7545) is amended—
(1) by redesignating subsection (o) as subsection
(r); and
(2) by inserting after subsection (n) the fol-
lowing:
‘‘(o) RENEWABLE FUEL PROGRAM.—
‘‘(1) DEFINITIONS.—In this section:
‘‘(A) CELLULOSIC BIOMASS ETHANOL.—The
term ‘cellulosic biomass ethanol’ means ethanol
derived from any lignocellulosic or hemicellulosic
matter that is available on a renewable or recur-
ring basis, including—
‘‘(i) dedicated energy crops and trees;
‘‘(ii) wood and wood residues;
‘‘(iii) plants;
‘‘(iv) grasses;
‘‘(v) agricultural residues;
‘‘(vi) fibers;
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‘‘(vii) animal wastes and other waste
materials; and
‘‘(viii) municipal solid waste.
‘‘(B) RENEWABLE FUEL.—
‘‘(i) IN GENERAL.—The term ‘renew-
able fuel’ means motor vehicle fuel that—
‘‘(I)(aa) is produced from grain,
starch, oilseeds, sugarcane, sugar beets,
sugar components, tobacco, potatoes, or
other biomass; or
‘‘(bb) is natural gas produced
from a biogas source, including a land-
fill, sewage waste treatment plant,
feedlot, or other place where decaying
organic material is found; and
‘‘(II) is used to replace or reduce
the quantity of fossil fuel present in a
fuel mixture used to operate a motor
vehicle.
‘‘(ii) INCLUSION.—The term ‘renewable
fuel’ includes—
‘‘(I) cellulosic biomass ethanol;
and
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‘‘(II) biodiesel (as defined in sec-
tion 312(f) of the Energy Policy Act of
1992 (42 U.S.C. 13220(f))).
‘‘(C) SMALL
REFINERY.—The term ‘small
refinery’ means a refinery for which the average
aggregate daily crude oil throughput for a cal-
endar year (as determined by dividing the aggre-
gate throughput for the calendar year by the
number of days in the calendar year) does not
exceed 75,000 barrels.
‘‘(2) RENEWABLE FUEL PROGRAM.—
‘‘(A) REGULATIONS.—
‘‘(i) IN GENERAL.—Not later than 1
year after the date of enactment of this
paragraph, the Administrator shall promul-
gate regulations to ensure that gasoline sold
or introduced into commerce in the United
States (except in noncontiguous States or
territories), on an annual average basis,
contains the applicable volume of renewable
fuel determined in accordance with sub-
paragraph (B).
‘‘(ii) NONCONTIGUOUS
STATE
OPT-
IN.—
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‘‘(I) IN GENERAL.—On the peti-
tion of a noncontiguous State or terri-
tory, the Administrator may allow the
renewable fuel program established
under this subsection to apply in the
noncontiguous State or territory at the
same time or any time after the Ad-
ministrator promulgates regulations
under this subparagraph.
‘‘(II) OTHER
ACTIONS.—In car-
rying out this clause, the Adminis-
trator may—
‘‘(aa) issue or revise regula-
tions under this paragraph;
‘‘(bb) 
establish 
applicable
percentages under paragraph (3);
‘‘(cc) provide for the genera-
tion of credits under paragraph
(5); and
‘‘(dd) take such other actions
as are necessary to allow for the
application of the renewable fuels
program in a noncontiguous State
or territory.
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‘‘(iii) PROVISIONS OF REGULATIONS.—
Regardless of the date of promulgation, the
regulations promulgated under clause (i)—
‘‘(I) shall contain compliance pro-
visions applicable to refineries, blend-
ers, distributors, and importers, as ap-
propriate, to ensure that the require-
ments of this paragraph are met; but
‘‘(II) shall not—
‘‘(aa) 
restrict 
geographic
areas in which renewable fuel
may be used; or
‘‘(bb) impose any per-gallon
obligation for the use of renewable
fuel.
‘‘(iv) REQUIREMENT IN CASE OF FAIL-
URE
TO
PROMULGATE
REGULATIONS.—If
the Administrator does not promulgate reg-
ulations under clause (i), the percentage of
renewable fuel in gasoline sold or dispensed
to consumers in the United States, on a vol-
ume basis, shall be 3.2 percent for calendar
year 2006.
‘‘(B) APPLICABLE VOLUME.—
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‘‘(i) CALENDAR YEARS 2006 THROUGH
2012.—For the purpose of subparagraph (A),
the applicable volume for any of calendar
years 2006 through 2012 shall be deter-
mined in accordance with the following
table:
Applicable volume of
renewable fuel
‘‘Calendar year:
(in billions of gallons):
2006 ................................................................................................
4.0
2007 ................................................................................................
4.7
2008 ................................................................................................
5.4
2009 ................................................................................................
6.1
2010 ................................................................................................
6.8
2011 ................................................................................................
7.4
2012 ................................................................................................
8.0.
‘‘(ii) 
CALENDAR
YEAR
2013
AND
THEREAFTER.—Subject to clauses (iii) and
(iv), for the purposes of subparagraph (A),
the applicable volume for calendar year
2013 and each calendar year thereafter
shall be determined by the Administrator,
in coordination with the Secretary of Agri-
culture and the Secretary of Energy, based
on a review of the implementation of the
program 
during 
calendar 
years 
2006
through 2012, including a review of—
‘‘(I) the impact of the use of re-
newable fuels on the environment, air
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quality, energy security, job creation,
and rural economic development; and
‘‘(II) the expected annual rate of
future production of renewable fuels,
including cellulosic ethanol.
‘‘(iii) MINIMUM
QUANTITY
DERIVED
FROM CELLULOSIC BIOMASS.—For calendar
year 
2013 
and 
each 
calendar 
year
thereafter—
‘‘(I) the applicable volume re-
ferred to in clause (ii) shall contain a
minimum of 250,000,000 gallons that
are derived from cellulosic biomass;
and
‘‘(II) the 2.5-to-1 ratio referred to
in paragraph (4) shall not apply.
‘‘(iv) 
MINIMUM
APPLICABLE
VOL-
UME.—For the purpose of subparagraph
(A), the applicable volume for calendar year
2013 and each calendar year thereafter
shall be not less than the product obtained
by multiplying—
‘‘(I) the number of gallons of gaso-
line that the Administrator estimates
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will be sold or introduced into com-
merce in the calendar year; and
‘‘(II) the ratio that—
‘‘(aa) 8,000,000,000 gallons
of renewable fuel; bears to
‘‘(bb) the number of gallons
of gasoline sold or introduced into
commerce in calendar year 2012.
‘‘(3) APPLICABLE PERCENTAGES.—
‘‘(A) PROVISION OF ESTIMATE OF VOLUMES
OF GASOLINE SALES.—Not later than October 31
of each of calendar years 2005 through 2011, the
Administrator of the Energy Information Ad-
ministration shall provide to the Administrator
of the Environmental Protection Agency an esti-
mate, with respect to the following calendar year,
of the volumes of gasoline projected to be sold or
introduced into commerce in the United States.
‘‘(B) DETERMINATION OF APPLICABLE PER-
CENTAGES.—
‘‘(i) IN GENERAL.—Not later than No-
vember 30 of each of calendar years 2005
through 2012, based on the estimate pro-
vided under subparagraph (A), the Admin-
istrator of the Environmental Protection
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Agency shall determine and publish in the
Federal Register, with respect to the fol-
lowing calendar year, the renewable fuel ob-
ligation that ensures that the requirements
of paragraph (2) are met.
‘‘(ii) REQUIRED ELEMENTS.—The re-
newable fuel obligation determined for a
calendar year under clause (i) shall—
‘‘(I) be applicable to refineries,
blenders, and importers, as appro-
priate;
‘‘(II) be expressed in terms of a
volume percentage of gasoline sold or
introduced 
into 
commerce 
in 
the
United States; and
‘‘(III) subject to subparagraph
(C)(i), consist of a single applicable
percentage that applies to all categories
of persons specified in subclause (I).
‘‘(C) ADJUSTMENTS.—In determining the
applicable percentage for a calendar year, the
Administrator shall make adjustments—
‘‘(i) to prevent the imposition of redun-
dant obligations on any person specified in
subparagraph (B)(ii)(I); and
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‘‘(ii) to account for the use of renew-
able fuel during the previous calendar year
by small refineries that are exempt under
paragraph (9).
‘‘(4) CELLULOSIC BIOMASS ETHANOL.—For the
purpose of paragraph (2), 1 gallon of cellulosic bio-
mass ethanol shall be considered to be the equivalent
of 2.5 gallons of renewable fuel.
‘‘(5) CREDIT PROGRAM.—
‘‘(A) IN
GENERAL.—The regulations pro-
mulgated 
under 
paragraph 
(2)(A) 
shall
provide—
‘‘(i) for the generation of an appro-
priate amount of credits by any person that
refines, blends, or imports gasoline that con-
tains a quantity of renewable fuel that is
greater than the quantity required under
paragraph (2);
‘‘(ii) for the generation of an appro-
priate amount of credits for biodiesel; and
‘‘(iii) for the generation of credits by
small refineries in accordance with para-
graph (9)(C).
‘‘(B) USE OF CREDITS.—A person that gen-
erates credits under subparagraph (A) may use
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the credits, or transfer all or a portion of the
credits to another person, for the purpose of com-
plying with paragraph (2).
‘‘(C) DURATION OF CREDITS.—A credit gen-
erated under this paragraph shall be valid to
show compliance for the calendar year in which
the credit was generated.
‘‘(D) INABILITY
TO
GENERATE
OR
PUR-
CHASE
SUFFICIENT
CREDITS.—The regulations
promulgated under paragraph (2)(A) shall in-
clude provisions allowing any person that is un-
able to generate or purchase sufficient credits to
meet the requirements of paragraph (2) to carry
forward a renewable fuel deficit on condition
that the person, in the calendar year following
the year in which the renewable fuel deficit is
created—
‘‘(i) achieves compliance with the re-
newable fuel requirement under paragraph
(2); and
‘‘(ii) generates or purchases additional
renewable fuel credits to offset the renewable
fuel deficit of the previous year.
‘‘(6) SEASONAL
VARIATIONS
IN
RENEWABLE
FUEL USE.—
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‘‘(A) STUDY.—For each of calendar years
2006 through 2012, the Administrator of the En-
ergy Information Administration shall conduct a
study of renewable fuel blending to determine
whether there are excessive seasonal variations in
the use of renewable fuel.
‘‘(B) REGULATION OF EXCESSIVE SEASONAL
VARIATIONS.—If, for any calendar year, the Ad-
ministrator of the Energy Information Adminis-
tration, based on the study under subparagraph
(A), makes the determinations specified in sub-
paragraph (C), the Administrator of the Envi-
ronmental Protection Agency shall promulgate
regulations to ensure that 35 percent or more of
the quantity of renewable fuel necessary to meet
the requirements of paragraph (2) is used during
each of the 2 periods specified in subparagraph
(D) of each subsequent calendar year.
‘‘(C) DETERMINATIONS.—The determina-
tions referred to in subparagraph (B) are that—
‘‘(i) less than 35 percent of the quan-
tity of renewable fuel necessary to meet the
requirements of paragraph (2) has been
used during 1 of the 2 periods specified in
subparagraph (D) of the calendar year; and
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‘‘(ii) a pattern of excessive seasonal
variation described in clause (i) will con-
tinue in subsequent calendar years.
‘‘(D) PERIODS.—The 2 periods referred to
in this paragraph are—
‘‘(i) April through September; and
‘‘(ii) January through March and Oc-
tober through December.
‘‘(E) EXCLUSION.—Renewable fuel blended
or consumed in calendar year 2006 in a State
that has received a waiver under section 209(b)
shall not be included in the study under sub-
paragraph (A).
‘‘(F) STATE EXEMPTION FROM SEASONALITY
REQUIREMENTS.—Notwithstanding 
any 
other
provision of law, the seasonality requirement re-
lating to renewable fuel use established by this
paragraph shall not apply to any State that has
received a waiver under section 209(b).
‘‘(7) WAIVERS.—
‘‘(A) IN GENERAL.—The Administrator, in
consultation with the Secretary of Agriculture
and the Secretary of Energy, may waive the re-
quirements of paragraph (2) in whole or in part
on petition by 1 or more States by reducing the
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national quantity of renewable fuel required
under paragraph (2)—
‘‘(i) based on a determination by the
Administrator, after public notice and op-
portunity for comment, that implementa-
tion of the requirement would severely harm
the economy or environment of a State, a
region, or the United States; or
‘‘(ii) based on a determination by the
Administrator, after public notice and op-
portunity for comment, that there is an in-
adequate domestic supply.
‘‘(B) PETITIONS
FOR
WAIVERS.—The Ad-
ministrator, in consultation with the Secretary
of Agriculture and the Secretary of Energy, shall
approve or disapprove a State petition for a
waiver of the requirements of paragraph (2)
within 90 days after the date on which the peti-
tion is received by the Administrator.
‘‘(C) TERMINATION OF WAIVERS.—A waiver
granted under subparagraph (A) shall terminate
after 1 year, but may be renewed by the Admin-
istrator after consultation with the Secretary of
Agriculture and the Secretary of Energy.
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‘‘(8) STUDY AND WAIVER FOR INITIAL YEAR OF
PROGRAM.—
‘‘(A) IN
GENERAL.—Not later than 180
days after the date of enactment of this para-
graph, the Secretary of Energy shall conduct for
the Administrator a study assessing whether the
renewable fuel requirement under paragraph (2)
will likely result in significant adverse impacts
on consumers in 2006, on a national, regional,
or State basis.
‘‘(B) REQUIRED EVALUATIONS.—The study
shall evaluate renewable fuel—
‘‘(i) supplies and prices;
‘‘(ii) blendstock supplies; and
‘‘(iii) supply and distribution system
capabilities.
‘‘(C) RECOMMENDATIONS
BY
THE
SEC-
RETARY.—Based on the results of the study, the
Secretary of Energy shall make specific rec-
ommendations to the Administrator concerning
waiver of the requirements of paragraph (2), in
whole or in part, to prevent any adverse impacts
described in subparagraph (A).
‘‘(D) WAIVER.—
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‘‘(i) IN GENERAL.—Not later than 270
days after the date of enactment of this
paragraph, the Administrator shall, if and
to the extent recommended by the Secretary
of Energy under subparagraph (C), waive,
in whole or in part, the renewable fuel re-
quirement under paragraph (2) by reducing
the national quantity of renewable fuel re-
quired under paragraph (2) in calendar
year 2006.
‘‘(ii) NO EFFECT ON WAIVER AUTHOR-
ITY.—Clause (i) does not limit the author-
ity of the Administrator to waive the re-
quirements of paragraph (2) in whole, or in
part, under paragraph (7).
‘‘(9) SMALL REFINERIES.—
‘‘(A) TEMPORARY EXEMPTION.—
‘‘(i) IN
GENERAL.—The requirements
of paragraph (2) shall not apply to small
refineries until calendar year 2011.
‘‘(ii) EXTENSION OF EXEMPTION.—
‘‘(I) STUDY
BY SECRETARY
OF
ENERGY.—Not later than December 31,
2008, the Secretary of Energy shall
conduct for the Administrator a study
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to determine whether compliance with
the requirements of paragraph (2)
would impose a disproportionate eco-
nomic hardship on small refineries.
‘‘(II) 
EXTENSION
OF
EXEMP-
TION.—In the case of a small refinery
that the Secretary of Energy deter-
mines under subclause (I) would be
subject to a disproportionate economic
hardship if required to comply with
paragraph (2), the Administrator shall
extend the exemption under clause (i)
for the small refinery for a period of
not less than 2 additional years.
‘‘(B) PETITIONS
BASED
ON
DISPROPOR-
TIONATE ECONOMIC HARDSHIP.—
‘‘(i) EXTENSION
OF
EXEMPTION.—A
small refinery may at any time petition the
Administrator for an extension of the ex-
emption under subparagraph (A) for the
reason of disproportionate economic hard-
ship.
‘‘(ii) EVALUATION OF PETITIONS.—In
evaluating a petition under clause (i), the
Administrator, in consultation with the
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Secretary of Energy, shall consider the find-
ings of the study under subparagraph
(A)(ii) and other economic factors.
‘‘(iii) DEADLINE FOR ACTION ON PETI-
TIONS.—The Administrator shall act on
any petition submitted by a small refinery
for a hardship exemption not later than 90
days after the date of receipt of the petition.
‘‘(C) CREDIT PROGRAM.—If a small refin-
ery notifies the Administrator that the small re-
finery waives the exemption under subparagraph
(A), the regulations promulgated under para-
graph (2)(A) shall provide for the generation of
credits by the small refinery under paragraph
(5) beginning in the calendar year following the
date of notification.
‘‘(D) OPT-IN FOR SMALL REFINERIES.—A
small refinery shall be subject to the require-
ments of paragraph (2) if the small refinery no-
tifies the Administrator that the small refinery
waives the exemption under subparagraph (A).
‘‘(10) ETHANOL MARKET CONCENTRATION ANAL-
YSIS.—
‘‘(A) ANALYSIS.—
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‘‘(i) IN GENERAL.—Not later than 180
days after the date of enactment of this
paragraph, and annually thereafter, the
Federal Trade Commission shall perform a
market concentration analysis of the ethanol
production industry using the Herfindahl-
Hirschman Index to determine whether
there is sufficient competition among indus-
try participants to avoid price-setting and
other anticompetitive behavior.
‘‘(ii) SCORING.—For the purpose of
scoring 
under 
clause 
(i) 
using 
the
Herfindahl-Hirschman Index, all marketing
arrangements among industry participants
shall be considered.
‘‘(B) REPORT.—Not later than December 1,
2005, and annually thereafter, the Federal Trade
Commission shall submit to Congress and the
Administrator a report on the results of the mar-
ket concentration analysis performed under sub-
paragraph (A)(i).
‘‘(p) RENEWABLE FUEL SAFE HARBOR.—
‘‘(1) IN GENERAL.—
‘‘(A) SAFE HARBOR.—Notwithstanding any
other provision of Federal or State law, no re-
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newable fuel (as defined in subsection (o)(1))
used or intended to be used as a motor vehicle
fuel, nor any motor vehicle fuel containing re-
newable fuel, shall be deemed to be defective in
design or manufacture by reason of the fact that
the fuel is, or contains, renewable fuel, if—
‘‘(i) the fuel does not violate a control
or prohibition imposed by the Adminis-
trator under this section; and
‘‘(ii) the manufacturer of the fuel is in
compliance with all requests for information
under subsection (b).
‘‘(B) SAFE HARBOR NOT APPLICABLE.—In
any case in which subparagraph (A) does not
apply to a quantity of fuel, the existence of a de-
sign defect or manufacturing defect with respect
to the fuel shall be determined under otherwise
applicable law.
‘‘(2) EXCEPTION.—This subsection does not
apply to ethers.
‘‘(3) APPLICABILITY.—This subsection applies
with respect to all claims filed on or after the date
of enactment of this subsection.’’.
(b) PENALTIES AND ENFORCEMENT.—Section 211(d)
of the Clean Air Act (42 U.S.C. 7545(d)) is amended—
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(1) in paragraph (1)—
(A) in the first sentence, by striking ‘‘or
(n)’’ each place it appears and inserting ‘‘(n), or
(o)’’; and
(B) in the second sentence, by striking ‘‘or
(m)’’ and inserting ‘‘(m), or (o)’’; and
(2) in the first sentence of paragraph (2), by
striking ‘‘and (n)’’ each place it appears and insert-
ing ‘‘(n), and (o)’’.
(c) EXCLUSION FROM ETHANOL WAIVER.—Section
211(h) of the Clean Air Act (42 U.S.C. 7545(h)) is
amended—
(1) by redesignating paragraph (5) as para-
graph (6); and
(2) by inserting after paragraph (4) the fol-
lowing:
‘‘(5) EXCLUSION FROM ETHANOL WAIVER.—
‘‘(A) PROMULGATION
OF
REGULATIONS.—
Upon notification, accompanied by supporting
documentation, from the Governor of a State
that the Reid vapor pressure limitation estab-
lished by paragraph (4) will increase emissions
that contribute to air pollution in any area in
the State, the Administrator shall, by regulation,
apply, in lieu of the Reid vapor pressure limita-
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tion established by paragraph (4), the Reid
vapor pressure limitation established by para-
graph (1) to all fuel blends containing gasoline
and 10 percent denatured anhydrous ethanol
that are sold, offered for sale, dispensed, sup-
plied, offered for supply, transported, or intro-
duced into commerce in the area during the high
ozone season.
‘‘(B) DEADLINE FOR PROMULGATION.—The
Administrator 
shall 
promulgate 
regulations
under subparagraph (A) not later than 90 days
after the date of receipt of a notification from a
Governor under that subparagraph.
‘‘(C) EFFECTIVE DATE.—
‘‘(i) IN GENERAL.—With respect to an
area in a State for which the Governor sub-
mits a notification under subparagraph
(A), the regulations under that subpara-
graph shall take effect on the later of—
‘‘(I) the first day of the first high
ozone season for the area that begins
after the date of receipt of the notifica-
tion; or
‘‘(II) 1 year after the date of re-
ceipt of the notification.
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‘‘(ii) EXTENSION OF EFFECTIVE DATE
BASED
ON
DETERMINATION
OF
INSUFFI-
CIENT SUPPLY.—
‘‘(I) IN
GENERAL.—If, after re-
ceipt of a notification with respect to
an area from a Governor of a State
under subparagraph (A), the Adminis-
trator determines, on the Administra-
tor’s own motion or on petition of any
person and after consultation with the
Secretary of Energy, that the promul-
gation of regulations described in sub-
paragraph (A) would result in an in-
sufficient supply of gasoline in the
State, 
the 
Administrator, 
by
regulation—
‘‘(aa) shall extend the effec-
tive date of the regulations under
clause (i) with respect to the area
for not more than 1 year; and
‘‘(bb) may renew the exten-
sion under item (aa) for 2 addi-
tional periods, each of which shall
not exceed 1 year.
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‘‘(II) DEADLINE FOR ACTION ON
PETITIONS.—The Administrator shall
act on any petition submitted under
subclause (I) not later than 180 days
after the date of receipt of the peti-
tion.’’.
SEC. 212. RENEWABLE FUEL.
(a) IN GENERAL.—The Clean Air Act is amended by
inserting after section 211 (42 U.S.C. 7411) the following:
‘‘SEC. 212. RENEWABLE FUEL.
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) MUNICIPAL SOLID WASTE.—The term ‘mu-
nicipal solid waste’ has the meaning given the term
‘solid waste’ in section 1004 of the Solid Waste Dis-
posal Act (42 U.S.C. 6903).
‘‘(2) RFG STATE.—The term ‘RFG State’ means
a State in which is located 1 or more covered areas
(as defined in section 211(k)(10)(D)).
‘‘(3) SECRETARY.—The term ‘Secretary’ means
the Secretary of Energy.
‘‘(b) SURVEY OF RENEWABLE FUEL MARKET.—
‘‘(1) SURVEY AND REPORT.—Not later than De-
cember 1, 2006, and annually thereafter, the Admin-
istrator shall—
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‘‘(A) conduct, with respect to each conven-
tional gasoline use area and each reformulated
gasoline use area in each State, a survey to de-
termine the market shares of—
‘‘(i) conventional gasoline containing
ethanol;
‘‘(ii) reformulated gasoline containing
ethanol;
‘‘(iii) conventional gasoline containing
renewable fuel; and
‘‘(iv) reformulated gasoline containing
renewable fuel; and
‘‘(B) submit to Congress, and make publicly
available, a report on the results of the survey
under subparagraph (A).
‘‘(2) RECORDKEEPING AND REPORTING REQUIRE-
MENTS.—
‘‘(A) IN
GENERAL.—The Administrator
may require any refiner, blender, or importer to
keep such records and make such reports as are
necessary to ensure that the survey conducted
under paragraph (1) is accurate.
‘‘(B) RELIANCE
ON
EXISTING
REQUIRE-
MENTS.—To avoid duplicative requirements, in
carrying out subparagraph (A), the Adminis-
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trator shall rely, to the maximum extent prac-
ticable, on reporting and recordkeeping require-
ments in effect on the date of enactment of this
section.
‘‘(3) CONFIDENTIALITY.—Activities carried out
under this subsection shall be conducted in a manner
designed to protect confidentiality of individual re-
sponses.
‘‘(c) CELLULOSIC BIOMASS ETHANOL AND MUNICIPAL
SOLID WASTE LOAN GUARANTEE PROGRAM.—
‘‘(1) IN GENERAL.—Funds may be provided for
the cost (as defined in the Federal Credit Reform Act
of 1990 (2 U.S.C. 661 et seq.)) of loan guarantees
issued under title XIV of the Energy Policy Act of
2005 to carry out commercial demonstration projects
for celluosic biomass and sucrose-derived ethanol.
‘‘(2) DEMONSTRATION PROJECTS.—
‘‘(A) IN
GENERAL.—The Secretary shall
issue loan guarantees under this section to carry
out not more than 4 projects to commercially
demonstrate the feasibility and viability of pro-
ducing cellulosic biomass ethanol or sucrose-de-
rived ethanol, including at least 1 project that
uses cereal straw as a feedstock and 1 project
that uses municipal solid waste as a feedstock.
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‘‘(B) DESIGN CAPACITY.—Each project shall
have a design capacity to produce at least
30,000,000 gallons of cellulosic biomass ethanol
each year.
‘‘(3) APPLICANT ASSURANCES.—An applicant for
a loan guarantee under this section shall provide as-
surances, satisfactory to the Secretary, that—
‘‘(A) the project design has been validated
through the operation of a continuous process fa-
cility with a cumulative output of at least
50,000 gallons of ethanol;
‘‘(B) the project has been subject to a full
technical review;
‘‘(C) the project is covered by adequate
project performance guarantees;
‘‘(D) the project, with the loan guarantee, is
economically viable; and
‘‘(E) there is a reasonable assurance of re-
payment of the guaranteed loan.
‘‘(4) LIMITATIONS.—
‘‘(A) MAXIMUM
GUARANTEE.—Except as
provided in subparagraph (B), a loan guarantee
under this section may be issued for up to 80
percent of the estimated cost of a project, but
may not exceed $250,000,000 for a project.
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‘‘(B) ADDITIONAL GUARANTEES.—
‘‘(i) IN GENERAL.—The Secretary may
issue additional loan guarantees for a
project to cover up to 80 percent of the ex-
cess of actual project cost over estimated
project cost but not to exceed 15 percent of
the amount of the original guarantee.
‘‘(ii) PRINCIPAL AND INTEREST.—Sub-
ject to subparagraph (A), the Secretary
shall guarantee 100 percent of the principal
and interest of a loan made under subpara-
graph (A).
‘‘(5) EQUITY CONTRIBUTIONS.—To be eligible for
a loan guarantee under this section, an applicant for
the loan guarantee shall have binding commitments
from equity investors to provide an initial equity con-
tribution of at least 20 percent of the total project
cost.
‘‘(6) INSUFFICIENT
AMOUNTS.—If the amount
made available to carry out this section is insufficient
to allow the Secretary to make loan guarantees for 3
projects described in subsection (b), the Secretary
shall issue loan guarantees for 1 or more qualifying
projects under this section in the order in which the
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applications for the projects are received by the Sec-
retary.
‘‘(7) APPROVAL.—An application for a loan
guarantee under this section shall be approved or dis-
approved by the Secretary not later than 90 days
after the application is received by the Secretary.
‘‘(d) AUTHORIZATION OF APPROPRIATIONS FOR RE-
SOURCE CENTER.—There is authorized to be appropriated,
for a resource center to further develop bioconversion tech-
nology using low-cost biomass for the production of ethanol
at the Center for Biomass-Based Energy at the Mississippi
State University and the Oklahoma State University,
$4,000,000 for each of fiscal years 2005 through 2007.
‘‘(e) RENEWABLE FUEL PRODUCTION RESEARCH AND
DEVELOPMENT GRANTS.—
‘‘(1) IN GENERAL.—The Administrator shall pro-
vide grants for the research into, and development
and implementation of, renewable fuel production
technologies in RFG States with low rates of ethanol
production, including low rates of production of cel-
lulosic biomass ethanol.
‘‘(2) ELIGIBILITY.—
‘‘(A) IN GENERAL.—The entities eligible to
receive a grant under this subsection are aca-
demic institutions in RFG States, and consortia
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made up of combinations of academic institu-
tions, industry, State government agencies, or
local government agencies in RFG States, that
have proven experience and capabilities with rel-
evant technologies.
‘‘(B) APPLICATION.—To be eligible to re-
ceive a grant under this subsection, an eligible
entity shall submit to the Administrator an ap-
plication in such manner and form, and accom-
panied by such information, as the Adminis-
trator may specify.
‘‘(3) AUTHORIZATION
OF
APPROPRIATIONS.—
There is authorized to be appropriated to carry out
this subsection $25,000,000 for each of fiscal years
2006 through 2010.
‘‘(f) CELLULOSIC BIOMASS ETHANOL CONVERSION AS-
SISTANCE.—
‘‘(1) IN GENERAL.—The Secretary may provide
grants to merchant producers of cellulosic biomass
ethanol in the United States to assist the producers
in building eligible production facilities described in
paragraph (2) for the production of cellulosic biomass
ethanol.
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‘‘(2) ELIGIBLE PRODUCTION FACILITIES.—A pro-
duction facility shall be eligible to receive a grant
under this subsection if the production facility—
‘‘(A) is located in the United States; and
‘‘(B) uses cellulosic biomass feedstocks de-
rived from agricultural residues or municipal
solid waste.
‘‘(3) AUTHORIZATION
OF
APPROPRIATIONS.—
There is authorized to be appropriated to carry out
this subsection—
‘‘(A) $250,000,000 for fiscal year 2005; and
‘‘(B) $400,000,000 for fiscal year 2006.’’.
(b) CONFORMING AMENDMENT.—The table of contents
for the Clean Air Act (42 U.S.C. 7401 prec.) is amended
by inserting after the item relating to section 211 the fol-
lowing:
‘‘Sec. 212. Renewable fuels’’.
SEC. 213. SURVEY OF RENEWABLE FUELS CONSUMPTION.
Section 205 of the Department of Energy Organization
Act (42 U.S.C. 7135) is amended by adding at the end the
following:
‘‘(m) SURVEY
OF RENEWABLE FUELS CONSUMP-
TION.—
‘‘(1) IN GENERAL.—In order to improve the abil-
ity to evaluate the effectiveness of the Nation’s renew-
able fuels mandate, the Administrator shall conduct
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and publish the results of a survey of renewable fuels
consumption in the motor vehicle fuels market in the
United States monthly, and in a manner designed to
protect the confidentiality of individual responses.
‘‘(2) ELEMENTS OF SURVEY.—In conducting the
survey, the Administrator shall collect information
retrospectively to 1998, on a national basis and a re-
gional basis, including—
‘‘(A) the quantity of renewable fuels pro-
duced;
‘‘(B) the cost of production;
‘‘(C) the cost of blending and marketing;
‘‘(D) the quantity of renewable fuels blend-
ed;
‘‘(E) the quantity of renewable fuels im-
ported; and
‘‘(F) market price data.’’.
Subtitle C—Federal Reformulated
Fuels
SEC. 221. SHORT TITLE.
This subtitle may be cited as the ‘‘Federal Reformu-
lated Fuels Act of 2005’’.
SEC. 222. LEAKING UNDERGROUND STORAGE TANKS.
(a) USE OF LUST FUNDS FOR REMEDIATION OF CON-
TAMINATION FROM ETHER FUEL ADDITIVES.—Section
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9003(h) of the Solid Waste Disposal Act (42 U.S.C.
6991b(h)) is amended—
(1) in paragraph (7)(A)—
(A) by striking ‘‘paragraphs (1) and (2) of
this subsection’’ and inserting ‘‘paragraphs (1),
(2), and (12)’’; and
(B) by inserting ‘‘and section 9010’’ before
‘‘if’’; and
(2) by adding at the end the following:
‘‘(12) REMEDIATION
OF
CONTAMINATION
FROM
ETHER FUEL ADDITIVES.—
‘‘(A) IN GENERAL.—The Administrator and
the States may use funds made available under
section 9013(1) to carry out corrective actions
with respect to a release of methyl tertiary butyl
ether or other ether fuel additive that presents a
threat to human health, welfare, or the environ-
ment.
‘‘(B) APPLICABLE
AUTHORITY.—Subpara-
graph (A) shall be carried out—
‘‘(i) in accordance with paragraph (2),
except that a release with respect to which
a corrective action is carried out under sub-
paragraph (A) shall not be required to be
from an underground storage tank; and
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‘‘(ii) in the case of a State, in accord-
ance with a cooperative agreement entered
into by the Administrator and the State
under paragraph (7).’’.
(b) RELEASE PREVENTION AND COMPLIANCE.—Sub-
title I of the Solid Waste Disposal Act (42 U.S.C. 6991 et
seq.) is amended by striking section 9010 and inserting the
following:
‘‘SEC. 9010. RELEASE PREVENTION AND COMPLIANCE.
‘‘Funds made available under section 9013(2) from the
Leaking Underground Storage Tank Trust Fund may be
used for conducting inspections, or for issuing orders or
bringing actions under this subtitle—
‘‘(1) by a State (pursuant to section 9003(h)(7))
acting under—
‘‘(A) a program approved under section
9004; or
‘‘(B) State requirements regulating under-
ground storage tanks that are similar or iden-
tical to this subtitle, as determined by the Ad-
ministrator; and
‘‘(2) by the Administrator, acting under this
subtitle or a State program approved under section
9004.