Reps. Mariannette Miller-Meeks, R-Iowa, and Angie Craig, D-Minn., on Nov. 29 introduced the Flex Fuel Fairness Act of 2023, which aims to level the playing field for vehicles that run on low-carbon liquid fuels, such as ethanol. 

Companion legislation was introduced by Sens. Amy Klobuchar, D-Minn., and Pete Ricketts, R-Neb., in July.  

The U.S. EPA recently released proposed tailpipe greenhouse gas (GHG) emissions standards for model year (MY) 2027-2032 light-duty vehicles. Once finalized, the proposed standards will require automakers to meet certain tailpipe carbon dioxide emission values, on average, across their fleet of new vehicles. The EPA’s proposed approach for electric vehicles (EVs) assumes that EVs produced by automakers will use only zero-carbon renewable electricity. That approach has been criticized for ignoring the significant GHG emissions associated with critical mineral extraction, EV battery production, and the production and transmission of electricity used to recharge EV batteries. 

The proposed emissions standards failed to account for the meaningful emissions savings that can be achieved through expanding the use of biofuels in vehicles designed to accommodate higher blends, including flex fuels. 

As the proposed standards assume EVs operate on zero-carbon electricity all the time, the Flex Fuel Fairness Act aims to create parity by allowing manufacturers of flex fuel vehicles (FFVs) capable of operating on E85 to use a compliance tailpipe CO2 emissions value that reflects the lifecycle CO2 savings from using E85. The Flex Fuel Fairness Act of 2023 would ensure that, for purposes of determining fleet average CO2 standards, manufacturers may use a gram per mile CO2 value for FFVs that is 31 percent lower than the gram per mile CO2 value or the same vehicle model that is not a flexible fuel vehicle. 

“As we look toward a cleaner energy future with options to lower carbon emissions, it’s imperative to amplify solutions like flex fuel vehicles (FFVs) and ensure that they are included as a low-carbon option,” Miller-Meeks said. “FFVs provide more options for consumers and the U.S. supply chain and unlock increased use of lower-carbon liquid fuel blends containing higher levels of ethanol, like E30 and E85. I am proud to lead the ‘Flex Fuel Fairness Act of 2023,’ and level the playing field for FFVs as a practical alternative to Electric Vehicles.”

“Renewable fuels are a solution we can implement to combat climate change right now, and we know that flex fuel vehicles help Minnesotans save money at the pump, support family farmers and producers and help protect the environment,” Craig said. “That’s why I introduced this bipartisan bill with my colleague Rep. Miller-Meeks to expand flex-fuel vehicle production – and I’ll keep working to get our bill passed.

The Renewable Fuels Association has spoken out in support of the bill. “We thank Reps. Miller-Meeks and Craig for introducing the Flex Fuel Fairness Act, which acknowledges the important emissions benefits of flex fuel vehicles and promotes the continued production of these popular automobiles,” said Geoff Cooper, president and CEO of the RFA. “This legislation would provide more clean vehicle options for consumers and give automakers more ways to comply with increasingly stringent vehicle emissions standards. By leveling the playing field for all clean vehicle technologies, this bill allows low-carbon liquid fuels like ethanol to work alongside clean electricity, electric vehicles, and other technologies to reduce emissions from transportation.”