1Amending the act of July 10, 2008 (P.L.1009, No.78), entitled
2"An act providing for the study and mandated content of
3biofuels," further providing for definitions, for cellulosic
4ethanol content in gasoline and for department authority and
5responsibility; and making editorial changes.

6The General Assembly of the Commonwealth of Pennsylvania
7hereby enacts as follows:

8Section 1. The definition of "cellulosic ethanol" in section
92 of the act of July 10, 2008 (P.L.1009, No.78), known as the
10Biofuel Development and In-State Production Incentive Act, is
11amended to read:

12Section 2. Definitions.

13The following words and phrases when used in this act shall
14have the meanings given to them in this section unless the
15context clearly indicates otherwise:

16* * *

17["Cellulosic ethanol." The term shall have the same meaning

1as cellulosic biofuel set forth in section 211(o)(1)(E) of the
2Clean Air Act (69 Stat. 322, 42 U.S.C. § 7545(o)(1)(E)), as
3amended by section 201 of the Energy Independence and Security
4Act of 2007 (P.L. 110-140, Title II, Subtitle A, § 201, 121
5Stat. 1519 (2007)).]

6* * *

7Section 2. Section 4 of the act, amended July 5, 2012
8(P.L.921, No.96), is repealed:

9[Section 4. Cellulosic ethanol content in gasoline.

10(a) Cellulosic ethanol content required.--All gasoline sold
11or offered for sale to ultimate consumers in this Commonwealth
12must contain at least 10% cellulosic ethanol by volume as
13determined by an appropriate Environmental Protection Agency or
14American Society for Testing Materials standard method of
15analysis one year after the in-State production volume of
16350,000,000 gallons of cellulosic ethanol has been reached and
17sustained for three months on an annualized basis as determined
18by the department.

19(b) Renewable fuel substitution.--A person may apply to the
20department for approval to use renewable fuel other than
21cellulosic ethanol to meet the requirements of this section. The
22applicant shall demonstrate that the renewable fuel complies
23with regulations promulgated by the department which shall
24include, at a minimum, the following criteria:

25(1) Meets the requirements of 40 CFR Pt. 79 (relating to
26registration of fuels and fuel additives).

27(2) Has an emissions profile at least as environmentally
28protective as the cellulosic ethanol that the proposed
29renewable fuel is replacing or can demonstrate commensurate
30environmental or cost-effective benefits as defined by the

1department.

2(3) Is suitable for use in motor vehicle engines.

3(4) Is derived from renewable resources or feedstock.

4(c) Exception.--The requirements of this section shall not
5apply to gasoline sold in regions of this Commonwealth where the
6use of cellulosic ethanol would violate, conflict with or
7otherwise exacerbate compliance with a National Ambient Air
8Quality Standards State Implementation Plan.]

9Section 3. Section 5(c) and (d) of the act, amended July 5,
102012 (P.L.921, No.96), are amended to read:

11Section 5. Department authority and responsibility.

12* * *

13[(c) Report.--Beginning one year from the effective date of
14this act and each year thereafter, the Department of
15Conservation and Natural Resources shall report on the effect,
16if any, of in-State production of cellulosic ethanol from woody
17biomass on forest health, condition and productivity.]

18(d) Reduction.--The department, in consultation with the
19Department of Environmental Protection, may suspend or modify to
20reduce the mandated contents required by section 3 [or 4] if the
21department determines that doing so is warranted by factors,
22including, but not limited to, substantially increased costs to
23consumers or insufficient quantity or distribution of biodiesel
24[or cellulosic ethanol].

25* * *

26Section 4. Section 6(a) and (d) of the act are amended to
27read:

28Section 6. Infrastructure reports.

29(a) Certification.--At least six months prior to the
30effective dates of the mandated content requirements contained

1in [sections] section 3(a)(1), (2), (3) and (4) [and 4], the
2department and the Department of Transportation shall jointly
3make a certification as to whether there is sufficient
4transportation, distribution and other necessary infrastructure,
5including rail capability and terminal facilities, in this
6Commonwealth to meet the requirements of this act.

7* * *

8(d) Insufficient infrastructure.--If any infrastructure
9report determines that there is insufficient infrastructure in
10place to meet any of the mandated volume standard requirements
11contained in section 3 [or 4], that mandated content requirement
12shall be delayed at least six months or until the department and
13the Department of Transportation certify that sufficient
14infrastructure is in place through the issuance of a new
15infrastructure report, whichever is later.

16Section 5. This act shall take effect in 60 days.