42 U.S.C. § 17051 — Renewable fuel dispenser requirements

Page 8949 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 17051 (d) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this section. (Pub. L. 110–140, title II, § 229, Dec. 19, 2007, 121 Stat. 1535.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as a note under section 1824 of Title 2, The Congress. § 17034. Cellulosic ethanol and biofuels research (a) Definition of eligible entity In this section, the term ‘‘eligible entity’’ means— (1) an 1890 Institution (as defined in section 7601 of title 7); (2) a part B institution (as defined in section 1061 of title 20) (commonly referred to as ‘‘His- torically Black Colleges and Universities’’); (3) a tribal college or university (as defined in section 1059c(b) of title 20); or (4) a Hispanic-serving institution (as defined in section 1101a(a) of title 20). (b) Grants The Secretary shall make cellulosic ethanol and biofuels research and development grants to 10 eligible entities selected by the Secretary to receive a grant under this section through a peer-reviewed competitive process. (c) Collaboration An eligible entity that is selected to receive a grant under subsection (b) shall collaborate with 1 of the Bioenergy Research Centers of the Of- fice of Science of the Department. (d) Authorization of appropriations There is authorized to be appropriated to the Secretary to make grants described in sub- section (b) $50,000,000 for fiscal year 2008, to re- main available until expended. (Pub. L. 110–140, title II, § 230, Dec. 19, 2007, 121 Stat. 1536.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as a note under section 1824 of Title 2, The Congress. § 17035. University based research and develop- ment grant program (a) Establishment The Secretary shall establish a competitive grant program, in a geographically diverse man- ner, for projects submitted for consideration by institutions of higher education to conduct re- search and development of renewable energy technologies. Each grant made shall not exceed $2,000,000. (b) Eligibility Priority shall be given to institutions of high- er education with— (1) established programs of research in re- newable energy; (2) locations that are low income or outside of an urbanized area; (3) a joint venture with an Indian tribe; and (4) proximity to trees dying of disease or in- sect infestation as a source of woody biomass. (c) Authorization of appropriations There are authorized to be appropriated to the Secretary $25,000,000 for carrying out this sec- tion. (d) Definitions In this section: (1) Indian tribe The term ‘‘Indian tribe’’ has the meaning as defined in section 15823(c) of this title. (2) Renewable energy The term ‘‘renewable energy’’ has the mean- ing as defined in section 16181 of this title. (3) Urbanized area The term ‘‘urbanized area’’ has the meaning as defined by the U.S. Bureau of the Census. (Pub. L. 110–140, title II, § 234, Dec. 19, 2007, 121 Stat. 1538.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as a note under section 1824 of Title 2, The Congress. PART C—BIOFUELS INFRASTRUCTURE § 17051. Renewable fuel dispenser requirements (a) Market penetration reports The Secretary, in consultation with the Sec- retary of Transportation, shall determine and report to Congress annually on the market pene- tration for flexible-fuel vehicles in use within geographic regions to be established by the Sec- retary. (b) Dispenser feasibility study Not later than 24 months after December 19, 2007, the Secretary, in consultation with the De- partment of Transportation, shall report to the Congress on the feasibility of requiring motor fuel retailers to install E–85 compatible dis- pensers and related systems at retail fuel facili- ties in regions where flexible-fuel vehicle mar- ket penetration has reached 15 percent of motor vehicles. In conducting such study, the Sec- retary shall consider and report on the following factors: (1) The commercial availability of E–85 fuel and the number of competing E–85 wholesale suppliers in a given region. (2) The level of financial assistance provided on an annual basis by the Federal Govern- ment, State governments, and nonprofit enti- ties for the installation of E–85 compatible in- frastructure. (3) The number of retailers whose retail lo- cations are unable to support more than 2 un- derground storage tank dispensers. (4) The expense incurred by retailers in the installation and sale of E–85 compatible dis- pensers and related systems and any potential effects on the price of motor vehicle fuel. Page 8950 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 17052 (Pub. L. 110–140, title II, § 242, Dec. 19, 2007, 121 Stat. 1540.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as a note under section 1824 of Title 2, The Congress. § 17052. Renewable fuel infrastructure grants (a) Definition of renewable fuel blend For purposes of this section, the term ‘‘renew- able fuel blend’’ means a gasoline blend that contains not less than 11 percent, and not more than 85 percent, renewable fuel or diesel fuel that contains at least 10 percent renewable fuel. (b) Infrastructure development grants (1) Establishment The Secretary shall establish a program for making grants for providing assistance to re- tail and wholesale motor fuel dealers or other entities for the installation, replacement, or conversion of motor fuel storage and dis- pensing infrastructure to be used exclusively to store and dispense renewable fuel blends. (2) Selection criteria Not later than 12 months after December 19, 2007, the Secretary shall establish criteria for evaluating applications for grants under this subsection that will maximize the availability and use of renewable fuel blends, and that will ensure that renewable fuel blends are avail- able across the country. Such criteria shall provide for— (A) consideration of the public demand for each renewable fuel blend in a particular ge- ographic area based on State registration records showing the number of flexible-fuel vehicles; (B) consideration of the opportunity to create or expand corridors of renewable fuel blend stations along interstate or State highways; (C) consideration of the experience of each applicant with previous, similar projects; (D) consideration of population, number of flexible-fuel vehicles, number of retail fuel outlets, and saturation of flexible-fuel vehi- cles; and (E) priority consideration to applications that— (i) are most likely to maximize displace- ment of petroleum consumption, measured as a total quantity and a percentage; (ii) are best able to incorporate existing infrastructure while maximizing, to the extent practicable, the use of renewable fuel blends; and (iii) demonstrate the greatest commit- ment on the part of the applicant to en- sure funding for the proposed project and the greatest likelihood that the project will be maintained or expanded after Fed- eral assistance under this subsection is completed. (3) Limitations Assistance provided under this subsection shall not exceed— (A) 33 percent of the estimated cost of the installation, replacement, or conversion of motor fuel storage and dispensing infra- structure; or (B) $180,000 for a combination of equipment at any one retail outlet location. (4) Operation of renewable fuel blend stations The Secretary shall establish rules that set forth requirements for grant recipients under this section that include providing to the pub- lic the renewable fuel blends, establishing a marketing plan that informs consumers of the price and availability of the renewable fuel blends, clearly labeling the dispensers and re- lated equipment, and providing periodic re- ports on the status of the renewable fuel blend sales, the type and amount of the renewable fuel blends dispensed at each location, and the average price of such fuel. (5) Notification requirements Not later than the date on which each re- newable fuel blend station begins to offer re- newable fuel blends to the public, the grant re- cipient that used grant funds to construct or upgrade such station shall notify the Sec- retary of such opening. The Secretary shall add each new renewable fuel blend station to the renewable fuel blend station locator on its Website when it receives notification under this subsection. (6) Double counting No person that receives a credit under sec- tion 30C of title 26 may receive assistance under this section. (7) Reservation of funds The Secretary shall reserve funds appro- priated for the renewable fuel blends infra- structure development grant program for technical and marketing assistance described in subsection (c). (c) Retail technical and marketing assistance The Secretary shall enter into contracts with entities with demonstrated experience in assist- ing retail fueling stations in installing refueling systems and marketing renewable fuel blends nationally, for the provision of technical and marketing assistance to recipients of grants under this section. Such assistance shall in- clude— (1) technical advice for compliance with ap- plicable Federal and State environmental re- quirements; (2) help in identifying supply sources and se- curing long-term contracts; and (3) provision of public outreach, education, and labeling materials. (d) Refueling infrastructure corridors (1) In general The Secretary shall establish a competitive grant pilot program (referred to in this sub- section as the ‘‘pilot program’’), to be admin- istered through the Vehicle Technology De- ployment Program of the Department, to pro- vide not more than 10 geographically-dispersed project grants to State governments, Indian tribal governments, local governments, metro- politan transportation authorities, or partner-