Florida Senate - 2014 SM 800 By Senator Evers 2-00286A-14 2014800__ 1 Senate Memorial 2 A memorial to the Congress of the United States, 3 urging Congress to repeal the Renewable Fuel Standard 4 established under the Energy Independence and Security 5 Act of 2007. 6 7 WHEREAS, in enacting the Energy Policy Act of 2005, 8 Congress established the Renewable Fuel Standard (RFS) program 9 to ensure that transportation fuel contains a minimum volume of 10 renewable fuel, and 11 WHEREAS, the Energy Independence and Security Act of 2007 12 increased the volume of renewable fuel required to be blended 13 into transportation fuel from 9 billion gallons in 2008 to 36 14 billion gallons by 2022, and 15 WHEREAS, the amended RFS program, known as RFS2, requires 16 that a greater amount of renewable fuel, including cellulosic 17 biofuel, biomass-based biodiesel, and other advanced biofuels, 18 be blended into the motor vehicle fuel supply, and 19 WHEREAS, a study commissioned by the American Petroleum 20 Institute (API) estimates that, by 2015, the volume mandates set 21 forth in RFS2 could increase gasoline prices by as much as 30 22 percent and diesel prices by as much as 300 percent, and 23 WHEREAS, the API study finds that, by 2015, the adverse 24 macroeconomic impacts of RFS2 will include a $770 billion 25 decline in gross domestic product and a corresponding reduction 26 in consumption per household of $2,700, and 27 WHEREAS, the API study concluded that, as the renewable 28 fuel volume obligations in RFS2 increase annually, the “E10 29 blend wall,” the maximum concentration of ethanol of 10 percent 30 (E10) that can be blended in gasoline and still be used by most 31 motor vehicles, will soon be reached, and 32 WHEREAS, the United States Environmental Protection Agency 33 (EPA) amended the total volume fuel mandate for 2014 to 15.2 34 billion ethanol-equivalent gallons, while the maximum volume of 35 ethanol that can be consumed as E10 under current market 36 constraints, as projected by the EPA for 2014, remains at 13.2 37 billion gallons, and 38 WHEREAS, the EPA acknowledges that compliance with RFS2 39 will be difficult to achieve in 2014, as it does not foresee a 40 scenario in which the market could consume enough ethanol sold 41 in blends greater than E10 or produce sufficient volumes of 42 nonethanol biofuels to meet the total volume of renewable fuel 43 and advanced biofuel required under RFS2, and 44 WHEREAS, by mandating ethanol volumes far above those which 45 the market can absorb, RFS2 will place consumers and the 46 automotive industry in an increasingly untenable position, and 47 WHEREAS, according to a study directed by the Coordinating 48 Research Council, the engines, fuel pumps, and onboard fuel 49 measurement systems on millions of motor vehicles could be 50 severely damaged by fuel blends that contain more than 10 51 percent ethanol, and 52 WHEREAS, in 2010, the EPA granted partial waivers allowing 53 the sale of gasoline fuel blends containing up to 15 percent 54 ethanol for use in 2001 model year and newer light-duty motor 55 vehicles despite studies showing the potential for damage to 56 millions of motor vehicles, and 57 WHEREAS, automakers have warned consumers that using 58 ethanol blends that exceed the maximum limits, as specified in 59 their respective automotive owner manuals, could result in the 60 voiding of their automotive warranties, and 61 WHEREAS, the volume mandates set by RFS2 do not account for 62 the impact on the smaller engines that power lawn mowers, 63 generators, and similar equipment, or larger marine engines, and 64 WHEREAS, over the past three years, the EPA levied 65 penalties mandated by RFS2 on refineries that failed to blend 66 cellulosic biofuel into gasoline, despite the absence of 67 technological advances necessary for the commercial production 68 of cellulosic biofuel, and 69 WHEREAS, many Florida consumers and national trade groups, 70 among them the American Bakers Association, The American Frozen 71 Food Institute, the American Fuel and Petrochemical 72 Manufacturers, the American Petroleum Institute, the American 73 Sheep Industry Association, the National Marine Manufacturers 74 Association, the National Cattlemen’s Beef Association, The 75 National Chicken Council, The National Council of Chain of 76 Restaurants, and the National Turkey Federation, have called for 77 the repeal or amendment of RFS2, and 78 WHEREAS, state governors, cattlemen associations, and 79 restaurant associations have made repeated requests, which have 80 been consistently denied by the EPA, that the annual mandated 81 fuel ethanol volumes be reduced to adapt to ethanol feedstock 82 market conditions and fleet fuel supply and engine constraints 83 and to accommodate the deficiency in alternative fuel 84 technological advances, and 85 WHEREAS, alternative transportation fuels, such as natural 86 gas, are emerging freely without the assistance of market 87 distorting mandates, and 88 WHEREAS, innovations in the oil and natural gas industry, 89 including directional hydraulic fracturing, deep water 90 directional drilling, and oil sands production technologies, 91 have reversed declining oil and natural gas production trends in 92 the United States, and 93 WHEREAS, lower oil import volumes and higher natural gas 94 export volumes have the potential to create a transformative 95 shift in global energy markets, and 96 WHEREAS, the International Energy Agency projects that the 97 United States will become energy independent within the next 10 98 years and will surpass Saudi Arabia as the largest oil producer 99 by 2020, and 100 WHEREAS, innovations in energy efficiency and 101 affordability, along with discoveries of proven domestic oil and 102 natural gas reserves, have strengthened the United States’ 103 position in the global energy market, eliminating the original 104 impetus for the drastic increase in renewable fuel standards, as 105 set forth in the Energy Independence and Security Act of 2007, 106 NOW, THEREFORE, 107 108 Be It Resolved by the Legislature of the State of Florida: 109 110 That the Congress of the United States is urged to repeal 111 the federal Renewable Fuels Standard mandate established under 112 the Energy Independence and Security Act of 2007. 113 BE IT FURTHER RESOLVED that copies of this memorial be 114 dispatched to the President of the United States, to the 115 President of the United States Senate, to the Speaker of the 116 United States House of Representatives, and to each member of 117 the Florida delegation to the United States Congress.