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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY GROVE, MOUL, METZGAR, AUMENT, BARRAR, BLOOM, CREIGHTON, CUTLER, EVERETT, GABLER, GODSHALL, KAUFFMAN, LAWRENCE, MILLER, PYLE, ROAE, SAYLOR, SWANGER AND DENLINGER, JUNE 13, 2011 |
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| REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY, JUNE 13, 2011 |
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| AN ACT |
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1 | Amending the act of July 10, 2008 (P.L.1009, No.78), entitled |
2 | "An act providing for the study and mandated content of |
3 | biofuels," further providing for definitions, for cellulosic |
4 | ethanol content in gasoline and for agency responsibilities; |
5 | and making editorial changes. |
6 | The General Assembly of the Commonwealth of Pennsylvania |
7 | hereby enacts as follows: |
8 | Section 1. The definition of "cellulosic ethanol" in section |
9 | 2 of the act of July 10, 2008 (P.L.1009, No.78), known as the |
10 | Biofuel Development and In-State Production Incentive Act, is |
11 | amended to read: |
12 | Section 2. Definitions. |
13 | The following words and phrases when used in this act shall |
14 | have the meanings given to them in this section unless the |
15 | context clearly indicates otherwise: |
16 | * * * |
17 | ["Cellulosic ethanol." The term shall have the same meaning |
18 | as cellulosic biofuel set forth in section 211(o)(1)(E) of the |
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1 | Clean Air Act (69 Stat. 322, 42 U.S.C. § 7545(o)(1)(E)), as |
2 | amended by section 201 of the Energy Independence and Security |
3 | Act of 2007 (P.L. 110-140, Title II, Subtitle A, § 201, 121 |
4 | Stat. 1519 (2007)).] |
5 | * * * |
6 | Section 2. Section 4 of the act is repealed: |
7 | [Section 4. Cellulosic ethanol content in gasoline. |
8 | (a) Cellulosic ethanol content required.--All gasoline sold |
9 | or offered for sale to ultimate consumers in this Commonwealth |
10 | must contain at least 10% cellulosic ethanol by volume as |
11 | determined by an appropriate Environmental Protection Agency or |
12 | American Society for Testing Materials standard method of |
13 | analysis one year after the in-State production volume of |
14 | 350,000,000 gallons of cellulosic ethanol has been reached and |
15 | sustained for three months on an annualized basis as determined |
16 | by the department. |
17 | (b) Renewable fuel substitution.--A person may apply to the |
18 | department for approval to use renewable fuel other than |
19 | cellulosic ethanol to meet the requirements of this section. The |
20 | applicant shall demonstrate that the renewable fuel complies |
21 | with regulations promulgated by the department which shall |
22 | include, at a minimum, the following criteria: |
23 | (1) Meets the requirements of 40 CFR Pt. 79 (relating to |
24 | registration of fuels and fuel additives). |
25 | (2) Has an emissions profile at least as environmentally |
26 | protective as the cellulosic ethanol that the proposed |
27 | renewable fuel is replacing or can demonstrate commensurate |
28 | environmental or cost-effective benefits as defined by the |
29 | department. |
30 | (3) Is suitable for use in motor vehicle engines. |
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1 | (4) Is derived from renewable resources or feedstock. |
2 | (c) Exception.--The requirements of this section shall not |
3 | apply to gasoline sold in regions of this Commonwealth where the |
4 | use of cellulosic ethanol would violate, conflict with or |
5 | otherwise exacerbate compliance with a National Ambient Air |
6 | Quality Standards State Implementation Plan.] |
7 | Section 3. Sections 5(c) and (d) and 6(a) and (d) of the act |
8 | are amended to read: |
9 | Section 5. Agency responsibilities. |
10 | * * * |
11 | [(c) Report.--Beginning one year from the effective date of |
12 | this act and each year thereafter, the Department of |
13 | Conservation and Natural Resources shall report on the effect, |
14 | if any, of in-State production of cellulosic ethanol from woody |
15 | biomass on forest health, condition and productivity.] |
16 | (d) Reduction.--The department, in consultation with the |
17 | Department of Environmental Protection, may suspend or modify to |
18 | reduce the mandated contents required by section 3 [or 4] if the |
19 | department determines that doing so is warranted by factors, |
20 | including, but not limited to, substantially increased costs to |
21 | consumers or insufficient quantity or distribution of biodiesel |
22 | [or cellulosic ethanol]. |
23 | Section 6. Infrastructure reports. |
24 | (a) Certification.--At least six months prior to the |
25 | effective dates of the mandated content requirements contained |
26 | in [sections] section 3(a)(1), (2), (3) and (4) [and 4], the |
27 | department and the Department of Transportation shall jointly |
28 | make a certification as to whether there is sufficient |
29 | transportation, distribution and other necessary infrastructure, |
30 | including rail capability and terminal facilities, in this |
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1 | Commonwealth to meet the requirements of this act. |
2 | * * * |
3 | (d) Insufficient infrastructure.--If any infrastructure |
4 | report determines that there is insufficient infrastructure in |
5 | place to meet any of the mandated volume standard requirements |
6 | contained in section 3 [or 4], that mandated content requirement |
7 | shall be delayed at least six months or until the department and |
8 | the Department of Transportation certify that sufficient |
9 | infrastructure is in place through the issuance of a new |
10 | infrastructure report, whichever is later. |
11 | Section 4. This act shall take effect in 60 days. |
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