I 117th CONGRESS 1st Session H. R. 5899 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 Identification Numbers under the renewable fuel program for electricity from renewable biomass, and for other purposes.

1. Short title This Act may be cited as the Biomass and Biogas for Electric Vehicles Act . 2. Renewable electricity under the renewable fuel program (a) In general The Administrator shall, with respect 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 provided in subsection (c)); and (2) allow only the operator of a registered facility 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 subsection, the Administrator shall use— (A) data from the Energy Information Administration; (B) data from the Department of Transportation; (C) vehicle registration data from each State; (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 generated 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 facilities from renewable biomass during such calendar year; multiplied by (ii) the estimate under paragraph (1) for such calendar year. (4) Retirement In carrying out this section, the Administrator shall, for each calendar year, require a registered facility to retire any Renewable Identification Numbers generated in excess of the cumulative maximum quota for such registered facility 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 registrations The Administrator shall review and make a determination for pathway petitions and registration requests— (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 promulgated as of such day); and (2) in the case of other pathway petitions and registration requests, in a timely and expeditious manner. (e) Public disclosure The Administrator shall publish on the public internet website of the Environmental 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 submitted 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 approved 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. (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 Administrator may assess and collect a fee, in amounts determined by the Administrator necessary to cover the costs described in paragraph (2), from the operator 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 collected pursuant to paragraph (1) shall be available, without further appropriation or fiscal year limitation, for use by the Administrator for the costs of— (A) reviewing pathway petitions, including any associated costs for personnel; (B) reviewing registration requests, including 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 assessed and collected pursuant to paragraph (1) not later than 12 months after the date of such collection— (A) the operator of a facility that submitted such pathway petition or registration request 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 review and disposition of such pathway petition or registration request without imposing any further fee under this section for such process. (4) Waiver The Administrator may, at the Administrator’s discretion, waive the fee under paragraph (1)— (A) for an electric utility that is wholly owned by a State, territorial, or Tribal government (including any political subdivision thereof); 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 purposes of carrying out this Act, promulgate a final rule revising the regulations issued under section 211(o) of the Clean Air Act ( 42 U.S.C. 7545(o) ). (h) Definitions (1) In general In this Act: (A) Administrator The term Administrator means the Administrator of the Environmental Protection Agency. (B) Electric utility The term electric utility has the meaning given such term in section 3(22) of the Federal Power Act ( 16 U.S.C. 796(22) ). (C) Pathway petition The term pathway petition means a petition for approval of a fuel pathway that has electricity from renewable biomass as a fuel type under the renewable fuel program. (D) Registered facility The term registered facility means a facility that is registered under the renewable fuel program for a fuel pathway that has electricity from renewable biomass as a fuel type under such program. (E) Registration request The term registration request means a request for registration of a facility producing electricity from renewable biomass under an approved fuel pathway under the renewable fuel program. (F) Renewable biomass The term renewable biomass has the meaning given such term in section 211(o) of the Clean Air Act ( 42 U.S.C. 7545(o) ) and regulations thereunder (or any successor regulations). (G) Renewable fuel program The term renewable fuel program means the renewable fuel program under section 211(o) of the Clean Air Act ( 42 U.S.C. 7545(o) ). (H) Transportation fuel The transportation fuel has the meaning given such term in section 211(o)(1) of the Clean Air Act ( 42 U.S.C. 7545(o)(1) ) and regulations thereunder (or any successor regulations). 3. Elimination of restriction on renewable biomass from Federal forestlands Section 211(o)(1)(I) of the Clean Air Act ( 42 U.S.C. 7545(o)(1)(I) ) is amended— (1) in clause (i), by striking non-federal ; and (2) in clause (ii), by striking that are from non-federal forestlands, including forestlands and inserting from forestlands, including those on public lands and those . 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 before 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 described in subparagraph (B) of paragraph (2) on each individual and entity described in subparagraph (A)(iii)(I), (A)(iv), or (B)(ii)(V) of paragraph (2). .