7 U.S.C. § 8105 — Bioenergy program for advanced biofuels

Page 2164 TITLE 7—AGRICULTURE § 8104 Subsec. (d)(2)(A), (B). Pub. L. 113–79, § 9003(a)(7)(B), substituted ‘‘subsection (c)’’ for ‘‘subsection (c)(2)’’ wherever appearing. Subsec. (d)(2)(C). Pub. L. 113–79, § 9003(a)(7)(C), sub- stituted ‘‘subsection (g)’’ for ‘‘subsection (h)’’. Subsecs. (e) to (g). Pub. L. 113–79, § 9003(a)(6), redesig- nated subsecs. (f) to (h) as (e) to (g), respectively. Subsec. (g)(1). Pub. L. 113–79, § 9003(b)(1), added par. (1) and struck out former par. (1) which related to manda- tory funding for loan guarantees for fiscal years 2009 and 2010. Subsec. (g)(2). Pub. L. 113–79, § 9003(b)(2), substituted ‘‘$75,000,000 for each of fiscal years 2014 through 2018’’ for ‘‘$150,000,000 for each of fiscal years 2009 through 2013’’. Subsec. (h). Pub. L. 113–79, § 9003(a)(6), redesignated subsec. (h) as (g). 2013—Subsec. (h)(2). Pub. L. 112–240 substituted ‘‘2013’’ for ‘‘2012’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2013 AMENDMENT Amendment by Pub. L. 112–240 effective Sept. 30, 2012, see section 701(j) of Pub. L. 112–240, set out in a 1-Year Extension of Agricultural Programs note under section 8701 of this title. EFFECTIVE DATE Enactment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as a note under section 8701 of this title. § 8104. Repealed. Pub. L. 115–334, title IX, § 9004, Dec. 20, 2018, 132 Stat. 4885 Section, Pub. L. 107–171, title IX, § 9004, as added Pub. L. 110–234, title IX, § 9001(a), May 22, 2008, 122 Stat. 1313, and Pub. L. 110–246, § 4(a), title IX, § 9001(a), June 18, 2008, 122 Stat. 1664, 2075; amended Pub. L. 112–240, title VII, § 701(f)(3), Jan. 2, 2013, 126 Stat. 2365; Pub. L. 113–79, title IX, § 9004, Feb. 7, 2014, 128 Stat. 930, related to repowering assistance program. A prior section 8104, Pub. L. 107–171, title IX, § 9004, May 13, 2002, 116 Stat. 480, related to a biodiesel fuel education program, prior to the general amendment of this chapter by Pub. L. 110–246. See section 8106 of this title. § 8105. Bioenergy program for advanced biofuels (a) Definition of eligible producer In this section, the term ‘‘eligible producer’’ means a producer of advanced biofuels. (b) Payments The Secretary shall make payments to eligible producers to support and ensure an expanding production of advanced biofuels. (c) Contracts To receive a payment, an eligible producer shall— (1) enter into a contract with the Secretary for production of advanced biofuels; and (2) submit to the Secretary such records as the Secretary may require as evidence of the production of advanced biofuels. (d) Basis for payments The Secretary shall make payments under this section to eligible producers based on— (1) the quantity and duration of production by the eligible producer of an advanced biofuel; (2) the net nonrenewable energy content of the advanced biofuel, if sufficient data is available, as determined by the Secretary; and (3) other appropriate factors, as determined by the Secretary. (e) Equitable distribution (1) Amount The Secretary shall limit the amount of payments that may be received by a single eli- gible producer under this section in order to distribute the total amount of funding avail- able in an equitable manner. (2) Feedstock The total amount of payments made in a fis- cal year under this section to one or more eli- gible producers for the production of advanced biofuels derived from a single eligible com- modity, including intermediate ingredients of that single commodity or use of that single commodity and its intermediate ingredients in combination with another commodity, shall not exceed one-third of the total amount of funds made available under subsection (g). (f) Other requirements To receive a payment under this section, an eligible producer shall meet any other require- ments of Federal and State law (including regu- lations) applicable to the production of ad- vanced biofuels. (g) Funding (1) Mandatory funding Of the funds of the Commodity Credit Cor- poration, the Secretary shall use to carry out this section, to remain available until ex- pended— (A) $55,000,000 for fiscal year 2009; (B) $55,000,000 for fiscal year 2010; (C) $85,000,000 for fiscal year 2011; (D) $105,000,000 for fiscal year 2012; (E) $15,000,000 for each of fiscal years 2014 through 2018; and (F) $7,000,000 for each of fiscal years 2019 through 2024. (2) Discretionary funding In addition to any other funds made avail- able to carry out this section, there is author- ized to be appropriated to carry out this sec- tion $20,000,000 for each of fiscal years 2019 through 2023. (3) Limitation Of the funds provided for each fiscal year, not more than 5 percent of the funds shall be made available to eligible producers for pro- duction at facilities with a total refining ca- pacity exceeding 150,000,000 gallons per year. (Pub. L. 107–171, title IX, § 9005, as added Pub. L. 110–234, title IX, § 9001(a), May 22, 2008, 122 Stat. 1314, and Pub. L. 110–246, § 4(a), title IX, § 9001(a), June 18, 2008, 122 Stat. 1664, 2075; amended Pub. L. 112–240, title VII, § 701(f)(4), Jan. 2, 2013, 126 Stat. 2365; Pub. L. 113–79, title IX, § 9005, Feb. 7, 2014, 128 Stat. 930; Pub. L. 115–334, title IX, § 9005, Dec. 20, 2018, 132 Stat. 4885; Pub. L. 118–22, div. B, title I, § 102(d)(6)(B), Nov. 17, 2023, 137 Stat. 117.) Page 2165 TITLE 7—AGRICULTURE § 8107 Editorial Notes CODIFICATION Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246. PRIOR PROVISIONS A prior section 8105, Pub. L. 107–171, title IX, § 9005, May 13, 2002, 116 Stat. 480, related to an energy audit and renewable energy development program, prior to the general amendment of this chapter by Pub. L. 110–246. AMENDMENTS 2023—Subsec. (g)(1)(F). Pub. L. 118–22 substituted ‘‘2024’’ for ‘‘2023’’. 2018—Subsec. (e). Pub. L. 115–334, § 9005(1), designated existing provisions as par. (1), inserted heading, sub- stituted ‘‘The Secretary shall’’ for ‘‘The Secretary may’’ and added par. (2). Subsec. (g)(1)(F). Pub. L. 115–334, § 9005(2)(A), added subpar. (F). Subsec. (g)(2). Pub. L. 115–334, § 9005(2)(B), substituted ‘‘2019 through 2023’’ for ‘‘2014 through 2018’’. 2014—Subsec. (g)(1)(E). Pub. L. 113–79, § 9005(1), added subpar. (E). Subsec. (g)(2). Pub. L. 113–79, § 9005(2), substituted ‘‘$20,000,000 for each of fiscal years 2014 through 2018’’ for ‘‘$25,000,000 for each of fiscal years 2009 through 2013’’. 2013—Subsec. (g)(2). Pub. L. 112–240 substituted ‘‘2013’’ for ‘‘2012’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2023 AMENDMENT Amendment by Pub. L. 118–22 to be applied and ad- ministered as if enacted on Sept. 30, 2023, see section 102(g) of Pub. L. 118–22, set out in an Extension of Agri- cultural Programs note under section 9001 of this title. EFFECTIVE DATE OF 2013 AMENDMENT Amendment by Pub. L. 112–240 effective Sept. 30, 2012, see section 701(j) of Pub. L. 112–240, set out in a 1-Year Extension of Agricultural Programs note under section 8701 of this title. EFFECTIVE DATE Enactment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as a note under section 8701 of this title. § 8106. Biodiesel fuel education program (a) Establishment The Secretary shall, under such terms and conditions as the Secretary determines to be ap- propriate, make competitive grants to eligible entities to educate governmental and private entities that operate vehicle fleets, other inter- ested entities (as determined by the Secretary), and the public about the benefits of biodiesel fuel use. (b) Eligible entities To receive a grant under subsection (b), an en- tity shall— (1) be a nonprofit organization or institution of higher education; (2) have demonstrated knowledge of bio- diesel fuel production, use, or distribution; and (3) have demonstrated the ability to conduct educational and technical support programs. (c) Consultation In carrying out this section, the Secretary shall consult with the Secretary of Energy. (d) Authorization of appropriations There is authorized to be appropriated to carry out this section $2,000,000 for each of fiscal years 2019 through 2023. (Pub. L. 107–171, title IX, § 9006, as added Pub. L. 110–234, title IX, § 9001(a), May 22, 2008, 122 Stat. 1315, and Pub. L. 110–246, § 4(a), title IX, § 9001(a), June 18, 2008, 122 Stat. 1664, 2076; amended Pub. L. 112–240, title VII, § 701(f)(5), Jan. 2, 2013, 126 Stat. 2365; Pub. L. 113–79, title IX, § 9006, Feb. 7, 2014, 128 Stat. 930; Pub. L. 115–334, title IX, § 9006, Dec. 20, 2018, 132 Stat. 4885.) Editorial Notes CODIFICATION Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246. PRIOR PROVISIONS A prior section 8106, Pub. L. 107–171, title IX, § 9006, May 13, 2002, 116 Stat. 482; Pub. L. 109–171, title I, § 1301, Feb. 8, 2006, 120 Stat. 6, related to assistance to farmers, ranchers, and rural small businesses to purchase renew- able energy systems and make energy efficiency im- provements, prior to the general amendment of this chapter by Pub. L. 110–246. See section 8107 of this title. AMENDMENTS 2018—Subsec. (d). Pub. L. 115–334 amended subsec. (d) generally. Prior to amendment, subsec. (d) related to mandatory and discretionary funding. 2014—Subsec. (d)(1). Pub. L. 113–79, § 9006(1), sub- stituted ‘‘Mandatory funding’’ for ‘‘Fiscal years 2009 through 2012’’ in heading and ‘‘2018’’ for ‘‘2012’’ in text. Subsec. (d)(2). Pub. L. 113–79, § 9006(2), substituted ‘‘Discretionary funding’’ for ‘‘Authorization of appro- priations’’ in heading and ‘‘each of fiscal years 2014 through 2018’’ for ‘‘fiscal year 2013’’ in text. 2013—Subsec. (d). Pub. L. 112–240 added subsec. (d) and struck out former subsec. (d). Prior to amendment, text read as follows: ‘‘Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section $1,000,000 for each of fiscal years 2008 through 2012.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2013 AMENDMENT Amendment by Pub. L. 112–240 effective Sept. 30, 2012, see section 701(j) of Pub. L. 112–240, set out in a 1-Year Extension of Agricultural Programs note under section 8701 of this title. EFFECTIVE DATE Enactment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as a note under section 8701 of this title. § 8107. Rural Energy for America Program (a) Establishment The Secretary, in consultation with the Sec- retary of Energy, shall establish a Rural Energy for America Program to promote energy effi- ciency and renewable energy development for agricultural producers and rural small busi- nesses through—