I 
116TH CONGRESS 
2D SESSION 
H. R. 8769 
To support the sustainable aviation fuel market, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 18, 2020 
Ms. BROWNLEY of California introduced the following bill; which was referred 
to the Committee on Energy and Commerce, and in addition to the Com-
mittees on Transportation and Infrastructure, Armed Services, Science, 
Space, and Technology, and Ways and Means, for a period to be subse-
quently determined by the Speaker, in each case for consideration of such 
provisions as fall within the jurisdiction of the committee concerned 
A BILL 
To support the sustainable aviation fuel market, 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 ‘‘Sustainable Aviation 
Fuel Act’’. 
SEC. 2. NATIONAL GOAL. 
It is hereby declared that it is the national goal for 
the United States to reach— 
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(1) a net 35-percent reduction in greenhouse 
gas emissions for United States domestic and inter-
national aviation flights by 2035, as compared to 
2005; and 
(2) net zero greenhouse gas emissions for 
United States domestic and international aviation 
flights by 2050. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) SUSTAINABLE AVIATION FUEL.—The term 
‘‘sustainable aviation fuel’’ means liquid fuel con-
sisting of synthesized hydrocarbons that— 
(A) meets the requirements of a Depart-
ment of Defense specification for military jet 
fuel or an American Society of Testing and Ma-
terials specification for aviation turbine fuel; 
(B) is derived from qualified feedstock; 
(C) is certified by the Environmental Pro-
tection Agency Administrator that such fuel— 
(i) either— 
(I) conforms to the standards, 
recommended practices, requirements 
and criteria, supporting documents, 
implementation elements, and any 
other technical guidance for sustain-
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able aviation fuels that are adopted by 
the International Civil Aviation Orga-
nization with the agreement of the 
United States; or 
(II) meets the definition of ‘‘ad-
vanced 
biofuel’’ 
under 
section 
211(o)(1) of the Clean Air Act (42 
U.S.C. 7545(o)(1)), as demonstrated 
by compliance with Environmental 
Protection Agency implementing regu-
lations under subpart M of part 80 of 
title 40, Code of Federal Regulations; 
and 
(ii) achieves at least a 50-percent re-
duction in lifecycle greenhouse gas emis-
sions compared to conventional jet fuel. 
(2) QUALIFIED FEEDSTOCK.—The term ‘‘quali-
fied feedstock’’ means sources of hydrogen and car-
bon not originating from unrefined or refined petro-
chemicals. 
(3) 
LIFECYCLE
GREENHOUSE
GAS
EMIS-
SIONS.—The term ‘‘lifecycle greenhouse gas emis-
sions’’ means the combined greenhouse gas emis-
sions from feedstock production, collection of feed-
stock, transportation of feedstock to fuel production 
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facilities, conversion of feedstock to fuel, transpor-
tation and distribution of fuel, and fuel combustion 
in an aircraft engine, as well as from induced land- 
use change emissions, as calculated using appro-
priate modeling techniques approved by a regulating 
authority. 
(4) INDUCED LAND-USE CHANGE EMISSIONS.— 
The term ‘‘induced land-use change emissions’’ 
means the greenhouse gas emissions resulting from 
the conversion of land to the production of feed-
stocks and from the conversion of other land due to 
the displacement of crops or animals for which the 
original land was previously used, as calculated 
using appropriate modeling techniques approved by 
a regulating authority. 
(5) CONVENTIONAL
JET
FUEL.—The term 
‘‘conventional jet fuel’’ means liquid hydrocarbon 
fuel used for aviation that is derived or refined from 
petrochemicals. 
SEC. 4. GRANT PROGRAM. 
(a) IN GENERAL.—The Secretary of Transportation, 
in consultation with the Administrator of the Environ-
mental Protection Agency, shall carry out a competitive 
grant and cost-sharing agreement program for eligible en-
tities to carry out projects located in the United States 
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to produce, transport, blend, or store sustainable aviation 
fuel. 
(b) SELECTION.—In selecting an eligible entity to re-
ceive a grant or cost-share agreement under subsection 
(a), the Secretary shall consider— 
(1) the anticipated public benefits of a project 
proposed by the eligible entity; 
(2) the potential to increase the domestic pro-
duction and deployment of sustainable aviation fuel; 
(3) the potential greenhouse gas emissions from 
such project; 
(4) the potential for creating new jobs in the 
United States; 
(5) the potential net greenhouse gas emissions 
impact of different feedstocks to produce sustainable 
aviation fuel on a lifecycle basis, which shall include 
potential direct and indirect greenhouse gas emis-
sions (including resulting from changes in land use); 
and 
(6) the proposed utilization of non-Federal con-
tributions by the eligible entity. 
(c) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated $200,000,000 for each of 
fiscal years 2021 through 2025 to carry out this section. 
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(d) REPORT.—Not later than October 1, 2026, the 
Secretary shall submit to the Committee on Commerce, 
Science, and Transportation and the Committee on Envi-
ronment and Public Works of the Senate and the Com-
mittee on Transportation and Infrastructure and the 
Committee on Energy and Commerce of the House of 
Representatives a report describing the results of the 
grant program under this section. The report shall include 
the following: 
(1) A description of the entities and projects 
that received grants or other cost-sharing agree-
ments under this section. 
(2) A detailed explanation for why each entity 
received the type of funding disbursement such enti-
ty did. 
(3) A description of whether the program is 
leading to an increase in the production and deploy-
ment of sustainable aviation fuels and whether that 
increase is enough to keep the United States on 
track to achieve the goals described in section 2 of 
this Act. 
(4) A description of the economic impacts re-
sulting from the funding to and operation of the 
project. 
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(e) ELIGIBLE ENTITY DEFINED.—In this section, the 
term ‘‘eligible entity’’ means— 
(1) a State or local government other than an 
airport sponsor; 
(2) an air carrier; 
(3) an airport sponsor; and 
(4) a person or entity engaged in the produc-
tion, transportation, blending or storage of sustain-
able aviation fuel in the United States or feedstocks 
in the United States that could be used to produce 
sustainable aviation fuel. 
SEC. 5. LOW CARBON AVIATION FUEL STANDARD. 
(a) ESTABLISHMENT
OF LOW CARBON AVIATION 
FUEL STANDARD.—Section 211 of the Clean Air Act (42 
U.S.C. 7545) is amended by adding at the end the fol-
lowing: 
‘‘(w) LOW CARBON AVIATION FUEL STANDARD.— 
‘‘(1) DEFINITIONS.—In this subsection: 
‘‘(A) AVIATION FUEL.—The term ‘aviation 
fuel’ means fuel that is produced, sold, or dis-
pensed in the United States, for civil or military 
purposes, for turbine-powered aviation. 
‘‘(B) CARBON INTENSITY.—The term ‘car-
bon intensity’ means the quantity of lifecycle 
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greenhouse gas emissions per unit of fuel en-
ergy. 
‘‘(C) CREDIT EXCHANGE.—The term ‘cred-
it exchange’ means a central marketplace with 
established rules and regulations where buyers 
and sellers meet to conduct trades. 
‘‘(D) FUEL
STANDARD.—The term ‘fuel 
standard’ means the low carbon fuel standard 
established under paragraph (2). 
‘‘(2) ESTABLISHMENT.—Not later than 1 year 
after the date of enactment of this subsection, the 
Administrator shall promulgate regulations to estab-
lish a low carbon fuel standard for aviation fuels 
that requires a reduction in carbon intensity for 
aviation fuels each calendar year such that by 2050, 
and thereafter, the average carbon intensity of all 
aviation fuel used annually in the United States is 
reduced by at least 50 percent, as compared to the 
average carbon intensity of all aviation fuel used in 
the United States in 2005. 
‘‘(3) TARGETS.—In promulgating regulations 
under paragraph (2), the Administrator shall set a 
target of a reduction of at least 20 percent in the 
average carbon intensity of all aviation fuel used an-
nually in the United States by 2030, and of at least 
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50 percent by 2050, as compared to the average car-
bon intensity of all aviation fuel used in the United 
States in 2005. 
‘‘(4) REQUIREMENTS.—In promulgating regula-
tions under paragraph (2), the Administrator 
shall— 
‘‘(A) establish a benchmark for the average 
carbon intensity of aviation fuels for each cal-
endar year, beginning with the first full cal-
endar year that begins 2 years after the date of 
enactment of this subsection, suitable to achiev-
ing the targets specified in paragraph (3); 
‘‘(B) apply the fuel standard to persons 
who produce or import aviation fuel; 
‘‘(C) establish procedures for calculating 
the carbon intensity of an aviation fuel, ex-
pressed in grams of carbon dioxide equivalent 
per megajoule, in accordance with— 
‘‘(i) 
the 
standards, 
recommended 
practices, requirements and criteria, sup-
porting documents, implementation ele-
ments, and any other technical guidance 
for sustainable aviation fuels that are 
adopted by the International Civil Aviation 
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Organization with the agreement of the 
United States; and 
‘‘(ii) any other more stringent ac-
counting practices determined by the Ad-
ministrator to be the best lifecycle green-
house gas emission accounting practices, 
provided that such practices account for 
the aggregate quantity of greenhouse gas 
emissions (including direct emissions and 
significant indirect emissions such as sig-
nificant emissions from land use changes), 
as determined by the Administrator, re-
lated to the full fuel lifecycle, including all 
stages of fuel and feedstock production and 
distribution, from feedstock generation or 
extraction through the distribution and de-
livery and use of the finished fuel to the 
ultimate consumer, where the mass values 
for all greenhouse gases are adjusted to ac-
count for their relative global warming po-
tential; 
‘‘(D) determine how long the calculation of 
the carbon intensity of an aviation fuel (pursu-
ant to the procedures established under sub-
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paragraph (C)), will remain in effect before 
needing to be reevaluated; 
‘‘(E) allow a person described in subpara-
graph (B), who, for a calendar year, produces 
or imports aviation fuel— 
‘‘(i) that has an average carbon inten-
sity that is less than the benchmark for av-
erage carbon intensity for that calendar 
year to, except as provided in paragraph 
(8), generate credits, to be used, or trans-
ferred to another person, to demonstrate 
compliance with this subsection; and 
‘‘(ii) that has an average carbon in-
tensity that is greater than the benchmark 
for average carbon intensity for that cal-
endar year to purchase credits to be used 
to demonstrate compliance with this sub-
section; 
‘‘(F) determine the— 
‘‘(i) appropriate amount of credits 
generated and used to demonstrate compli-
ance pursuant to subparagraph (E); 
‘‘(ii) appropriate conditions, if any, 
on— 
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‘‘(I) the duration of such credits; 
and 
‘‘(II) the transfer such credits 
through a credit exchange; and 
‘‘(G) consult with all relevant stakeholders, 
including aviation industry groups, renewable 
fuel industry groups, researchers at institutions 
of higher education, labor unions, consumer ad-
vocates, and any other stakeholders the Admin-
istrator determines to be appropriate. 
‘‘(5) CONSULTATION.—In carrying out this sub-
section, the Administrator shall consult with the Ad-
ministrator of the Federal Aviation Administration, 
the Secretary of Energy, and the Secretary of Agri-
culture. 
‘‘(6) COORDINATION WITH STATES.—The Ad-
ministrator shall, after notice and opportunity for 
public hearing, waive application of the fuel stand-
ard in any State that has adopted a standard for 
aviation fuels that the Administrator determines is 
at least as stringent as the fuel standard. 
‘‘(7) REVISION.—If Congress enacts a standard 
or similar law that the Administrator, in consulta-
tion with the Administrator of the Federal Aviation 
Administration, determines accomplishes the pur-
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