II 118th CONGRESS 2d Session S. 3899 IN THE SENATE OF THE UNITED STATES March 11, 2024 Mr. King (for himself and Mrs. Shaheen ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works 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 for Transportation Fuel Act . 2. Definitions In this Act: (1) Electric utility The term electric utility has the meaning given the term in section 3 of the Federal Power Act ( 16 U.S.C. 796 ). (2) Indian Tribe The term Indian Tribe has the meaning given the term in section 302 of the Clean Air Act ( 42 U.S.C. 7602 ). (3) 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. (4) 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. (5) Renewable biomass The term renewable biomass has the meaning given the term in section 211(o)(1) of the Clean Air Act ( 42 U.S.C. 7545(o)(1) ). (6) 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) ). (7) State The term State has the meaning given the term in section 302 of the Clean Air Act ( 42 U.S.C. 7602 ). (8) Transportation fuel The term transportation fuel has the meaning given the term in section 211(o)(1) of the Clean Air Act ( 42 U.S.C. 7545(o)(1) ). 3. Renewable electricity under the renewable fuel program (a) Timely review of petitions and registrations The Administrator of the Environmental Protection Agency (referred to in this section as 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 date that is 365 days after the date of submission of the pathway petition or registration request; and (2) in the case of other pathway petitions and registration requests, in a timely and expeditious manner. (b) Public disclosure The Administrator shall publish on the public internet website of the Environmental Protection Agency, and update 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 on which the pathway petition is submitted to the Environmental Protection Agency; (B) the date on which any fee assessed pursuant to subsection (c) is collected by the Environmental Protection Agency; (C) the date on which the Administrator determines that the pathway petition is complete; and (D) the date on which the 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 on which the registration request is submitted to the Environmental Protection Agency; (B) the date on which any fee assessed pursuant to subsection (c) is collected by the Environmental Protection Agency; (C) the date on which the Administrator determines that the registration request is complete; and (D) the date on which the registration request is approved or denied by the Administrator. (c) 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) by the date that is 18 months after the date of that collection— (A) the operator of a facility that submitted the pathway petition or registration request may request a refund of the fee; (B) not later than 90 days after receiving a request under subparagraph (A), the Administrator shall issue a full refund of the fee; and (C) the Administrator shall complete review and disposition of the pathway petition or registration request without imposing any further fee under this section for that process. (4) Waiver The Administrator may, at the discretion of the Administrator, waive the fee under paragraph (1)— (A) for an electric utility that is wholly owned by a State (including any political subdivision thereof) or an Indian Tribe; or (B) if the Administrator determines that the waiver is in the public interest. (d) Rulemaking on generation of credits (eRINs) for electricity from renewable biomass (1) Definition of registered party In this subsection, the term registered party means an electric utility with— (A) a fuel pathway approved by the Administrator under the renewable fuel program; and (B) a facility that— (i) produces electricity from renewable biomass; and (ii) is registered under the renewable fuel program. (2) Regulation required Subject to paragraph (4), the Administrator shall— (A) not later than 90 days after the date of enactment of this Act, promulgate a regulation providing for the generation of credits under section 211(o)(5) of the Clean Air Act ( 42 U.S.C. 7545(o)(5) ) for electricity produced from renewable biomass that is sold, distributed, or used as transportation fuel; and (B) not later than 1 year after the date of enactment of this Act, finalize that regulation. (3) Contents The regulation under paragraph (2) shall prescribe and clarify— (A) which registered parties can generate the credits and associated Renewable Identification Numbers; (B) how to prevent the credits from resulting in double-counting for purposes of the renewable fuel program; and (C) data requirements for valid generation of the credits and associated Renewable Identification Numbers. (4) Option to finalize prior proposed rule In lieu of promulgating a regulation pursuant to paragraph (2), the Administrator may choose to modify and finalize the proposed rule of the Environmental Protection Agency entitled Renewable Fuel Standard (RFS) Program: Standards for 2023-2025 and Other Changes (87 Fed. Reg. 80582 (December 30, 2022)) to include— (A) provisions for the generation of credits as described in paragraph (2); and (B) each requirement and clarification listed in paragraph (3). 4. Elimination of certain restrictions on renewable biomass from forestlands Section 211(o)(1)(I) of the Clean Air Act ( 42 U.S.C. 7545(o)(1)(I) ) is amended— (1) by striking clause (ii) and inserting the following: (ii) Trees and tree residue from forestlands (including forestlands belonging to an Indian Tribe or an Indian individual, that are held in trust by the United States or subject to a restriction against alienation imposed by the United States). ; and (2) in clause (iv)— (A) by striking Slash and pre-commercial thinnings that are from non-federal forestlands and inserting Slash and thinnings from forestlands ; and (B) by inserting , unless the slash and thinnings are derived off those forests or forestlands for restoration purposes following a natural disturbance event after or late successional forest . 5. Federal data reporting on renewable electricity from biomass (a) In general The Administrator of the Energy Information Administration (referred to in this section as the Administrator ) shall include in the Electric Power Monthly, Electric Power Annual, Annual Energy Outlook, and any other relevant report of the Energy Information Administration, data on electricity generated from renewable biomass. (b) Separate line item In carrying out subsection (a), the Administrator shall include data on electricity generated from renewable biomass as a separate line item or in a manner that otherwise identifies such data as a separate subtotal of electricity generated. (c) Consultation In carrying out this section, the Administrator shall consult with the Administrator of the Environmental Protection Agency. 6. Technical corrections (a) Definitions Section 211(o)(1)(G) of the Clean Air Act ( 42 U.S.C. 7545(o)(1)(G) ) is amended, in the first sentence, by inserting and before sulfur hexafluoride . (b) Periodic reviews Section 211(o)(11) of the Clean Air Act ( 42 U.S.C. 7545(o)(11) ) is amended by striking subparagraph (C) and inserting the following: (C) the impacts of the requirements described in paragraph (2)(B) on— (i) refineries, blenders, distributors, and importers referred to in paragraph (2)(A)(iii)(I); and (ii) consumers described in subparagraph (A)(iv) or (B)(ii)(V) of paragraph (2). . (c) Blending of Compliant Reformulated Gasolines Section 211(t)(1) of the Clean Air Act ( 42 U.S.C. 7545(t)(1) ) is amended, in the matter preceding subparagraph (A), by striking this subtitle and inserting this part .