H.R. 1594

119 HR 1594 IH: Sustainable Aviation Fuel Act
 U.S. House of Representatives
 2025-02-26
 text/xml
 EN
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 I  119th CONGRESS  1st Session  H. R. 1594  IN THE HOUSE OF REPRESENTATIVES   February 26, 2025   Ms. Brownley  (for herself and  Mr. Schneider ) introduced the following bill; which was referred to the  Committee on Energy and Commerce , and in addition to the Committees on  Transportation and Infrastructure ,  Armed Services ,  Science, Space, and Technology , and  Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned   A BILL
To support the sustainable aviation fuel market, and for other purposes.
1.
Short title
This Act may be cited as the   Sustainable Aviation Fuel Act  .
2.
National goal
It is hereby declared that it is the national goal for the United States to reach—
(1)
a net 35-percent reduction in greenhouse gas emissions for United States domestic and international aviation flights by 2035, as compared to 2005; and
(2)
net zero greenhouse gas emissions for United States domestic and international aviation flights by 2050.
3.
Definitions
In this Act:
(1)
Sustainable aviation fuel
The term  sustainable aviation fuel  has the meaning given such term in  section 40B  of the Internal Revenue Code of 1986.
(2)
Qualified feedstock
The term  qualified feedstock  means sources of hydrogen and carbon not originating from unrefined or refined petrochemicals.
(3)
Lifecycle greenhouse gas emissions
The term  lifecycle greenhouse gas emissions  means the combined greenhouse gas emissions from feedstock production, collection of feedstock, transportation of feedstock to fuel production facilities, conversion of feedstock to fuel, transportation and distribution of fuel, and fuel combustion in an aircraft engine, as well as from induced land-use change emissions, as calculated using appropriate modeling techniques approved by a regulating authority.
(4)
Induced land-use change emissions
The term  induced land-use change emissions  means the greenhouse gas emissions resulting from the conversion of land to the production of feedstocks and from the conversion of other land due to the displacement of crops or animals for which the original land was previously used, as calculated using appropriate modeling techniques approved by a regulating authority.
(5)
Conventional jet fuel
The term  conventional jet fuel  means liquid hydrocarbon fuel used for aviation that is derived or refined from petrochemicals.
4.
Alternative Fuel and Low-Emission Aviation Technology Program
Section 40007 of the Inflation Reduction Act ( 49 U.S.C. 44504  note) is amended by adding at the end the following:
(f)
Additional projects
For purposes of continuing the competitive grant program established under subsection (a) for eligible entities to carry out projects located in the United States that produce, transport, blend, or store sustainable aviation fuel, or develop, demonstrate, or apply low- emission aviation technologies, in addition to amounts otherwise available, there are authorized to be appropriated to the Secretary for each of fiscal years 2026 through 2030, out of any money in the Treasury not otherwise appropriated, to remain available until September 30, 2030, $200,000,000 for the purposes described in subsection (a).
 .
5.
Low carbon aviation fuel standard
(a)
Establishment of low carbon aviation fuel standard
Section 211 of the Clean Air Act ( 42 U.S.C. 7545 ) is amended by adding at the end the following:
(w)
Low carbon aviation fuel standard
(1)
Definitions
In this subsection:
(A)
Aviation fuel
The term  aviation fuel  means fuel that is produced, sold, or dispensed in the United States, for civil or military purposes, for turbine-powered aviation.
(B)
Carbon intensity
The term  carbon intensity  means the quantity of lifecycle greenhouse gas emissions per unit of fuel energy.
(C)
Credit exchange
The term  credit exchange  means a central marketplace with established rules and regulations where buyers and sellers meet to conduct trades.
(D)
Fuel standard
The term  fuel standard  means the low carbon fuel standard established under paragraph (2).
(2)
Establishment
Not later than 1 year after the date of enactment of this subsection, the Administrator shall promulgate regulations to establish a low carbon fuel standard for aviation fuels that requires a reduction in carbon intensity for aviation fuels each calendar year such that by 2050, and thereafter, the average carbon intensity of all aviation fuel used annually in the United States is reduced by at least 50 percent, as compared to the average carbon intensity of all aviation fuel used in the United States in 2005.
(3)
Targets
In promulgating regulations under paragraph (2), the Administrator shall set a target of a reduction of at least 20 percent in the average carbon intensity of all aviation fuel used annually in the United States by 2030, and of at least 50 percent by 2050, as compared to the average carbon intensity of all aviation fuel used in the United States in 2005.
(4)
Requirements
In promulgating regulations under paragraph (2), the Administrator shall—
(A)
establish a benchmark for the average carbon intensity of aviation fuels for each calendar year, beginning with the first full calendar year that begins 2 years after the date of enactment of this subsection, suitable to achieving the targets specified in paragraph (3);
(B)
apply the fuel standard to persons who produce or import aviation fuel;
(C)
establish procedures for calculating the carbon intensity of an aviation fuel, expressed in grams of carbon dioxide equivalent per megajoule, in accordance with—
(i)
the standards, recommended practices, requirements and criteria, supporting documents, implementation elements, and any other technical guidance for sustainable aviation fuels that are adopted by the International Civil Aviation Organization with the agreement of the United States; and
(ii)
any other more stringent accounting practices determined by the Administrator to be the best lifecycle greenhouse gas emission accounting practices, provided that such practices account for the aggregate quantity of greenhouse gas emissions (including direct emissions and significant indirect emissions such as significant emissions from land use changes), as determined by the Administrator, related to the full fuel lifecycle, including all stages of fuel and feedstock production and distribution, from feedstock generation or extraction through the distribution and delivery and use of the finished fuel to the ultimate consumer, where the mass values for all greenhouse gases are adjusted to account for their relative global warming potential;
(D)
determine how long the calculation of the carbon intensity of an aviation fuel (pursuant to the procedures established under subparagraph (C)), will remain in effect before needing to be reevaluated;
(E)
allow a person described in subparagraph (B), who, for a calendar year, produces or imports aviation fuel—
(i)
that has an average carbon intensity that is less than the benchmark for average carbon intensity for that calendar year to, except as provided in paragraph (8), generate credits, to be used, or transferred to another person, to demonstrate compliance with this subsection; and
(ii)
that has an average carbon intensity that is greater than the benchmark for average carbon intensity for that calendar year to purchase credits to be used to demonstrate compliance with this subsection;
(F)
determine the—
(i)
appropriate amount of credits generated and used to demonstrate compliance pursuant to subparagraph (E);
(ii)
appropriate conditions, if any, on—
(I)
the duration of such credits; and
(II)
the transfer of such credits through a credit exchange; and
(G)
consult with all relevant stakeholders, including aviation industry groups, renewable fuel industry groups, researchers at institutions of higher education, labor unions, consumer advocates, and any other stakeholders the Administrator determines to be appropriate.
(5)
Consultation
In carrying out this subsection, the Administrator shall consult with the Administrator of the Federal Aviation Administration, the Secretary of Energy, and the Secretary of Agriculture.
(6)
Coordination with states
The Administrator shall, after notice and opportunity for public hearing, waive application of the fuel standard in any State that has adopted a standard for aviation fuels that the Administrator determines is at least as stringent as the fuel standard.
(7)
Revision
If Congress enacts a standard or similar law that the Administrator, in consultation with the Administrator of the Federal Aviation Administration, determines accomplishes the purposes of the fuel standard for sectors of the economy that include the aviation sector, the Administrator may revoke the fuel standard in favor of the other standard or law.
(8)
Relationship to renewable fuel program
No credit may be generated under this subsection with respect to renewable fuel for which a credit is generated under subsection (o).
(9)
Report
Not later than 180 days after the date of enactment of this subsection, the Administrator shall submit to Congress and make publicly available a report describing—
(A)
the status of the development of the fuel standard; and
(B)
the considerations the Administrator is using in developing the fuel standard.
 .
(b)
Enforcement
Section 211(d) of the Clean Air Act ( 42 U.S.C. 7545(d) ) is amended—
(1)
in paragraph (1)—
(A)
by striking  or (o) of this section or the regulations  and inserting  (o), or (w) of this section or the regulations ;
(B)
by striking  or (o) of this section or who fails  and inserting  (o), or (w) of this section or who fails ; and
(C)
by striking  or (o) of this section which establishes  and inserting  (o), or (w) of this section which establishes ; and
(2)
in paragraph (2), by striking  and (o) of this section  each place it appears and inserting  (o), and (w) of this section .
6.
Procurement of sustainable aviation fuel by the department of defense
(a)
In general
Effective October 1, 2025, the Secretary of Defense shall make a bulk purchase of an amount of sustainable aviation fuel that is not less than 10 percent of the total amount of aviation fuel procured for operational purposes (as defined in section 2922h of title 10, United States Code) if—
(1)
the cost of sustainable aviation fuel is competitive with the fully burdened cost of conventional jet fuel available for the same purpose; and
(2)
the sustainable aviation fuel is refined or produced in the United States.
(b)
Blended fuel
If the Secretary of Defense purchases sustainable aviation fuel that is blended with conventional jet fuel, the percentage of sustainable aviation fuel in such blend will be counted towards the percentage described in subsection (a).
(c)
Certification
Before making a purchase under subsection (a), the Secretary of Defense or the Secretary concerned (as defined in section 101(a)(9) of title 10, United States Code) shall certify that the sustainable aviation fuel is suitable for use in aircrafts of the Department of Defense.
(d)
Waiver
(1)
In general
Subject to the requirements of paragraph (2), the Secretary of Defense may waive the requirement under subsection (a) for reasons of national security, including the lack of available, qualifying sustainable aviation fuel.
(2)
Notice
Not later than 30 days after issuing a waiver under this subsection, the Secretary shall submit to the congressional defense committees (as defined in section 101(a)(16) of title 10, United States Code) notice of the waiver. Any such notice shall include each of the following:
(A)
The rationale of the Secretary for issuing the waiver.
(B)
A certification that the waiver is in the national security interest of the United States.
(e)
Definitions
The terms  fully burdened cost  and  operational purposes  have the meanings given such terms, respectively, in section 2922h of title 10, United States Code.
7.
Federal aviation administration research
(a)
In general
Section 911(a) of the FAA Modernization and Reform Act of 2012 ( 49 U.S.C. 44504  note) is amended—
(1)
by striking  assist in the development  and inserting the following:
(1)
assist in the development
 ;
(2)
by striking  and other  and inserting  , other ;
(3)
by striking the period and inserting  , and sustainable fuel that can be used without the need to blend with any other type of aviation fuel; ; and
(4)
by adding at the end the following:
(2)
promote the efforts of the aviation sector to become a net-zero greenhouse gas emitting sector;
(3)
study the climate impacts of non-carbon dioxide greenhouse gas emissions, water vapor, and contrails and ways to minimize such impacts; and
(4)
develop a methodology for quantifying the non-carbon dioxide climate impacts of aviation in a lifecycle analysis, including the benefits of sustainable aviation fuel other than the reduction in carbon dioxide emissions.
 .
(b)
Definitions
Section 911 of such Act is amended by adding at the end the following:
(e)
Definitions
In this section:
(1)
Sustainable aviation fuel
The term  sustainable aviation fuel  means liquid fuel consisting of synthesized hydrocarbons that—
(A)
is derived from a qualified feedstock; and
(B)
conforms to the standards, recommended practices, requirements and criteria, supporting documents, implementation elements, and any other technical guidance for sustainable aviation fuels that are adopted by the International Civil Aviation Organization with the agreement of the United States.
(2)
Qualified feedstock
The term  qualified feedstock  means sources of hydrogen and carbon not originating from unrefined or refined petrochemicals.
(f)
Authorization of appropriations
There is authorized to be appropriated to the Administrator of the Federal Aviation Administration $35,000,000 for each of fiscal years 2026 through 2030 to carry out this section.
 .
8.
Department of energy research
(a)
In general
The Secretary of Energy shall carry out a program to research the use of cover crops or other crops grown for conservation purposes rather than for sale in the production of sustainable aviation fuel.
(b)
Collaboration
In carrying out the program under subsection (a), the Secretary shall collaborate with the national laboratories, the Department of Agriculture, and industry partners.
(c)
Definitions
In this section:
(1)
Sustainable aviation fuel
The term  sustainable aviation fuel  means liquid fuel consisting of synthesized hydrocarbons that—
(A)
is derived from a qualified feedstock; and
(B)
conforms to the standards, recommended practices, requirements and criteria, supporting documents, implementation elements, and any other technical guidance for sustainable aviation fuels that are adopted by the International Civil Aviation Organization with the agreement of the United States.
(2)
National laboratory
The term  national laboratory  has the meaning given the term in section 2(3) of the Energy Policy Act of 2005 ( 42 U.S.C. 15801(3) ).
(d)
Authorization of appropriations
There are authorized to be appropriated such sums as may be necessary to carry out this section.
9.
Extension of clean fuel production credit for sustainable aviation fuel
(a)
In general
 Section 45Z(g)  of the Internal Revenue Code of 1986 is amended to read as follows:
(g)
Termination
This section shall not apply—
(1)
in the case of transportation fuel which is not sustainable aviation fuel, to fuel sold after December 31, 2027, and
(2)
in the case of sustainable aviation fuel, to fuel sold after December 31, 2032.
 .
(b)
Effective date
The amendments made by this section shall apply to fuel produced after December 31, 2027.
10.
Sustainable aviation fuel production property added to Energy Credit
(a)
In general
 Section 48  of the Internal Revenue Code of 1986 is amended—
(1)
in subsection (a)—
(A)
in paragraph (2)(A)(i)—
(i)
in subclause (VIII), by striking  and , and
(ii)
by adding at the end the following new subclause:
(X)
sustainable aviation fuel production property, and
  ,
(B)
in paragraph (3)(A), by striking  or  at the end of clause (x), inserting  or  at the end of clause (xi), and by adding at the end the following new clause:
(xii)
sustainable aviation fuel production property,
 , and
(C)
by redesignating paragraph (16) as paragraph (17) and by inserting after paragraph (15) the following new paragraph:
(16)
Phaseout for sustainable aviation fuel production property
In the case of any energy property described in paragraph (3)(A)(xii) the construction of which begins before January 1, 2039, the energy percentage determined under paragraph (2) shall be equal to—
(A)
in the case of any property the construction of which begins after December 31, 2030, and before January 1, 2032, 24 percent,
(B)
in the case of any property the construction of which begins after December 31, 2031, and before January 1, 2033, 18 percent, and
(C)
in the case of any property the construction of which begins after December 31, 2032, and before January 1, 2039, 12 percent.
 , and
(2)
in subsection (c), by adding at the end the following new paragraph:
(9)
Sustainable aviation fuel production property
(A)
In general
The term  sustainable aviation fuel production property  means—
(i)
property which produces sustainable aviation fuel (as defined in section 40B(d)), or
(ii)
property directly related to enabling the production or distribution of sustainable aviation fuel.
(B)
Recapture of credit
The Secretary shall, by regulations, provide for recapturing the benefit of any credit allowable under subsection (a)(3)(A)(xii) with respect to any sustainable aviation fuel production property if the sustainable aviation fuel production of such property comprises less than 80 percent of the total fuel production of such property in any of the 5 taxable years immediately following the taxable year in which such property was placed in service.
 .
(b)
Effective date
The amendments made by this section shall apply to fuel produced after December 31, 2025.