PRINTER'S NO. 516
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
471
Session of
2015
INTRODUCED BY MARSHALL, PICKETT, GODSHALL, RAPP, JAMES, BARRAR,
A. HARRIS, MILLARD, MASSER, GROVE, LAWRENCE, BLOOM, TALLMAN
AND SONNEY, FEBRUARY 12, 2015
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,
FEBRUARY 12, 2015
AN ACT
Amending the act of July 10, 2008 (P.L.1009, No.78), entitled
"An act providing for the study and mandated content of
biofuels," further providing for definitions, for cellulosic
ethanol content in gasoline and for department authority and
responsibility; and making editorial changes.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "cellulosic ethanol" in section
2 of the act of July 10, 2008 (P.L.1009, No.78), known as the
Biofuel Development and In-State Production Incentive Act, is
amended to read:
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
["Cellulosic ethanol." The term shall have the same meaning
as cellulosic biofuel set forth in section 211(o)(1)(E) of the
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
Clean Air Act (69 Stat. 322, 42 U.S.C. § 7545(o)(1)(E)), as
amended by section 201 of the Energy Independence and Security
Act of 2007 (P.L. 110-140, Title II, Subtitle A, § 201, 121
Stat. 1519 (2007)).]
* * *
Section 2. Section 4 of the act, amended July 5, 2012
(P.L.921, No.96), is repealed:
[Section 4. Cellulosic ethanol content in gasoline.
(a) Cellulosic ethanol content required.--All gasoline sold
or offered for sale to ultimate consumers in this Commonwealth
must contain at least 10% cellulosic ethanol by volume as
determined by an appropriate Environmental Protection Agency or
American Society for Testing Materials standard method of
analysis one year after the in-State production volume of
350,000,000 gallons of cellulosic ethanol has been reached and
sustained for three months on an annualized basis as determined
by the department.
(b) Renewable fuel substitution.--A person may apply to the
department for approval to use renewable fuel other than
cellulosic ethanol to meet the requirements of this section. The
applicant shall demonstrate that the renewable fuel complies
with regulations promulgated by the department which shall
include, at a minimum, the following criteria:
(1) Meets the requirements of 40 CFR Pt. 79 (relating to
registration of fuels and fuel additives).
(2) Has an emissions profile at least as environmentally
protective as the cellulosic ethanol that the proposed
renewable fuel is replacing or can demonstrate commensurate
environmental or cost-effective benefits as defined by the
department.
20150HB0471PN0516 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(3) Is suitable for use in motor vehicle engines.
(4) Is derived from renewable resources or feedstock.
(c) Exception.--The requirements of this section shall not
apply to gasoline sold in regions of this Commonwealth where the
use of cellulosic ethanol would violate, conflict with or
otherwise exacerbate compliance with a National Ambient Air
Quality Standards State Implementation Plan.]
Section 3. Sections 5(c) and (d) and (6)(a) and (d) of the
act are amended to read:
Section 5. Department authority and responsibility.
* * *
[(c) Report.--Beginning one year from the effective date of
this act and each year thereafter, the Department of
Conservation and Natural Resources shall report on the effect,
if any, of in-State production of cellulosic ethanol from woody
biomass on forest health, condition and productivity.]
(d) Reduction.--The department, in consultation with the
Department of Environmental Protection, may suspend or modify to
reduce the mandated contents required by section 3 [or 4] if the
department determines that doing so is warranted by factors,
including, but not limited to, substantially increased costs to
consumers or insufficient quantity or distribution of biodiesel
[or cellulosic ethanol].
* * *
Section 6. Infrastructure reports.
(a) Certification.--At least six months prior to the
effective dates of the mandated content requirements contained
in [sections] section 3(a)(1), (2), (3) and (4) [and 4], the
department and the Department of Transportation shall jointly
make a certification as to whether there is sufficient
20150HB0471PN0516 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
transportation, distribution and other necessary infrastructure,
including rail capability and terminal facilities, in this
Commonwealth to meet the requirements of this act.
* * *
(d) Insufficient infrastructure.--If any infrastructure
report determines that there is insufficient infrastructure in
place to meet any of the mandated volume standard requirements
contained in section 3 [or 4], that mandated content requirement
shall be delayed at least six months or until the department and
the Department of Transportation certify that sufficient
infrastructure is in place through the issuance of a new
infrastructure report, whichever is later.
Section 5. This act shall take effect in 60 days.
20150HB0471PN0516 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13