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Code · BILL · 117th Congress · H.R. 7900 (Engrossed in House) — To authorize appropriations for fiscal year 2023 for military activities of the Department of Defense and for militar... · Sec. 315

Sec. 315. Pilot program on use of sustainable aviation fuel

941 words·~4 min read·/bill/117/hr/7900/eh/section-315

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The Secretary of Defense shall conduct a pilot program at two or more geographically diverse Department of Defense facilities for the use of sustainable aviation fuel. Such program shall be designed to— identify any logistical challenges with respect to the use of sustainable aviation fuel by the Department of Defense; and explore opportunities for collaboration with nearby commercial airports and sustainable aviation fuel refinery facilities to facilitate such use. Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall select at least two geographically diverse Department facilities at which to carry out the pilot program.
At least one such facility shall be a facility with an onsite refinery that is located in proximity to at least one major commercial airport that is also actively seeking to increase the use of sustainable aviation fuel. Upon the selection of each facility under paragraph (1), the Secretary shall submit to the Committee on Armed Services and the Committee on Transportation and Infrastructure of the House of Representatives notice of the selection, including an identification of the facility selected.
For each facility selected under subsection (b), not later than one year after the selection of the facility, the Secretary shall— develop a plan on how to implement, by September 30, 2028, a certification program under which aviation fuel must be certified as blended to contain at least 10 percent sustainable aviation fuel as a requirement for use of the aviation fuel at the facility (in addition to any other fuel certification requirement of the Department of Defense or the Armed Forces); submit the plan to the Committee on Armed Services and the Committee on Transportation and Infrastructure of the House of Representatives; and provide to such Committees a briefing on the plan that includes, at a minimum— a description of any operational, infrastructure, or logistical requirements and recommendations for the blending, certification, and use of sustainable aviation fuel; and a description of any stakeholder engagement in the development of the plan, including any consultations with nearby commercial airport owners or operators.
For each facility selected under subsection (b), during the period beginning on a date that is not later than September 30, 2028, and for five years thereafter, the Secretary shall require, in accordance with the respective plan developed under paragraph (1), the exclusive use at the facility of aviation fuel that has been certified as blended to contain at least 10 percent sustainable aviation fuel. Sustainable aviation fuel used under the pilot program shall meet the following criteria:
Such fuel shall be produced in the United States from non-food domestic feedstock sources. Such fuel shall constitute drop-in fuel that meets all specifications and performance requirements of the Department of Defense and the Armed Forces. The Secretary may waive the requirement for the exclusive use at the facility of aviation fuel that has been certified as blended to contain at least 10 percent sustainable aviation fuel under the pilot program if the Secretary— determines such use is not feasible due to a lack of domestic availability of sustainable aviation fuel or a national security contingency; and submits to the congressional defense committees notice of such waiver and the reasons for such waiver.
At the conclusion of the pilot program, the Assistant Secretary of Defense for Energy, Installations, and Environment shall submit to the Committee on Armed Services and the Committee on Transportation and Infrastructure of the House of Representatives a final report on the pilot program. Such report shall include each of the following: An assessment of the effect of using sustainable aviation fuel on the overall fuel costs of blended fuel. A description of any operational, infrastructure, or logistical requirements and recommendations for the blending, certification, and use of sustainable aviation fuel, with a focus on scaling up military-wide adoption of such fuel.
Recommendations with respect to how military installations can leverage proximity to commercial airports and other jet fuel consumers to increase the rate of use of sustainable aviation fuel, for both military and non-military use, including potential collaboration on innovative financing or purchasing and shared supply chain infrastructure. A description of the effects on performance and operation aircraft using sustainable aviation fuel including— if used, considerations of various blending ratios and their associated benefits; efficiency and distance improvements of flights fuels using sustainable aviation fuel; weight savings on large transportation aircraft and other types of aircraft with using blended fuel with higher concentrations of sustainable aviation fuel; maintenance benefits of using sustainable aviation fuel, including engine longevity; the effect of the use of sustainable aviation fuel on emissions and air quality; the effect of the use of sustainable aviation fuel on the environment and on surrounding communities, including environmental justice factors that are created by the demand for and use of sustainable aviation fuel by the Department of Defense; and benefits with respect to job creation in the sustainable aviation fuel production and supply chain.
In this section, the term sustainable aviation fuel means liquid fuel that— consists of synthesized hydrocarbon; meets the requirements of— ASTM International Standard D7566 (or such successor standard); or the co-processing provisions of ASTM International Standard D1655, Annex A1 (or such successor standard); is derived from biomass (as such term is defined in section 45K(c)(3) of the Internal Revenue Code of 1986), waste streams, renewable energy sources, or gaseous carbon oxides; is not derived from palm fatty acid distillates; and 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.
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