42 U.S.C. § 17052 — Renewable fuel infrastructure grants

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- Page 8951 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 17052 ships of those entities to carry out 1 or more projects for the purposes described in para- graph (2). (2) Grant purposes A grant under this subsection shall be used for the establishment of refueling infrastruc- ture corridors, as designated by the Secretary, for renewable fuel blends, including— (A) installation of infrastructure and equipment necessary to ensure adequate dis- tribution of renewable fuel blends within the corridor; (B) installation of infrastructure and equipment necessary to directly support ve- hicles powered by renewable fuel blends; and (C) operation and maintenance of infra- structure and equipment installed as part of a project funded by the grant. (3) Applications (A) Requirements (i) In general Subject to clause (ii), not later than 90 days after December 19, 2007, the Secretary shall issue requirements for use in apply- ing for grants under the pilot program. (ii) Minimum requirements At a minimum, the Secretary shall re- quire that an application for a grant under this subsection— (I) be submitted by— (aa) the head of a State, tribal, or local government or a metropolitan transportation authority, or any com- bination of those entities; and (bb) a registered participant in the Vehicle Technology Deployment Pro- gram of the Department; and (II) include— (aa) a description of the project pro- posed in the application, including the ways in which the project meets the requirements of this subsection; (bb) an estimate of the degree of use of the project, including the estimated size of fleet of vehicles operated with renewable fuels blend available within the geographic region of the corridor, measured as a total quantity and a percentage; (cc) an estimate of the potential pe- troleum displaced as a result of the project (measured as a total quantity and a percentage), and a plan to collect and disseminate petroleum displace- ment and other relevant data relating to the project to be funded under the grant, over the expected life of the project; (dd) a description of the means by which the project will be sustainable without Federal assistance after the completion of the term of the grant; (ee) a complete description of the costs of the project, including acquisi- tion, construction, operation, and maintenance costs over the expected life of the project; and (ff) a description of which costs of the project will be supported by Fed- eral assistance under this subsection. (B) Partners An applicant under subparagraph (A) may carry out a project under the pilot program in partnership with public and private enti- ties. (4) Selection criteria In evaluating applications under the pilot program, the Secretary shall— (A) consider the experience of each appli- cant with previous, similar projects; and (B) give priority consideration to applica- tions 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 advanced biofuels; (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; (iv) represent a partnership of public and private entities; and (v) exceed the minimum requirements of paragraph (3)(A)(ii). (5) Pilot project requirements (A) Maximum amount The Secretary shall provide not more than $20,000,000 in Federal assistance under the pilot program to any applicant. (B) Cost sharing The non-Federal share of the cost of any activity relating to renewable fuel blend in- frastructure development carried out using funds from a grant under this subsection shall be not less than 20 percent. (C) Maximum period of grants The Secretary shall not provide funds to any applicant under the pilot program for more than 2 years. (D) Deployment and distribution The Secretary shall seek, to the maximum extent practicable, to ensure a broad geo- graphic distribution of project sites funded by grants under this subsection. (E) Transfer of information and knowledge The Secretary shall establish mechanisms to ensure that the information and knowl- edge gained by participants in the pilot pro- gram are transferred among the pilot pro- gram participants and to other interested parties, including other applicants that sub- mitted applications. (6) Schedule (A) Initial grants (i) In general Not later than 90 days after December 19, 2007, the Secretary shall publish in the Page 8952 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 17053 Federal Register, Commerce Business Daily, and such other publications as the Secretary considers to be appropriate, a notice and request for applications to carry out projects under the pilot pro- gram. (ii) Deadline An application described in clause (i) shall be submitted to the Secretary by not later than 180 days after the date of publi- cation of the notice under that clause. (iii) Initial selection Not later than 90 days after the date by which applications for grants are due under clause (ii), the Secretary shall select by competitive, peer-reviewed proposal up to 5 applications for projects to be awarded a grant under the pilot program. (B) Additional grants (i) In general Not later than 2 years after December 19, 2007, the Secretary shall publish in the Federal Register, Commerce Business Daily, and such other publications as the Secretary considers to be appropriate, a notice and request for additional applica- tions to carry out projects under the pilot program that incorporate the information and knowledge obtained through the im- plementation of the first round of projects authorized under the pilot program. (ii) Deadline An application described in clause (i) shall be submitted to the Secretary by not later than 180 days after the date of publi- cation of the notice under that clause. (iii) Initial selection Not later than 90 days after the date by which applications for grants are due under clause (ii), the Secretary shall select by competitive, peer-reviewed proposal such additional applications for projects to be awarded a grant under the pilot pro- gram as the Secretary determines to be appropriate. (7) Reports to Congress (A) Initial report Not later than 60 days after the date on which grants are awarded under this sub- section, the Secretary shall submit to Con- gress a report containing— (i) an identification of the grant recipi- ents and a description of the projects to be funded under the pilot program; (ii) an identification of other applicants that submitted applications for the pilot program but to which funding was not pro- vided; and (iii) a description of the mechanisms used by the Secretary to ensure that the information and knowledge gained by par- ticipants in the pilot program are trans- ferred among the pilot program partici- pants and to other interested parties, in- cluding other applicants that submitted applications. (B) Evaluation Not later than 2 years after December 19, 2007, and annually thereafter until the ter- mination of the pilot program, the Secretary shall submit to Congress a report containing an evaluation of the effectiveness of the pilot program, including an assessment of the petroleum displacement and benefits to the environment derived from the projects included in the pilot program. (e) Restriction No grant shall be provided under subsection (b) or (c) to a large, vertically integrated oil company. (f) Authorization of appropriations There are authorized to be appropriated to the Secretary for carrying out this section $200,000,000 for each of the fiscal years 2008 through 2014. (Pub. L. 110–140, title II, § 244, Dec. 19, 2007, 121 Stat. 1541.) 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. § 17053. Federal fleet fueling centers (a) In general Not later than January 1, 2010, the head of each Federal agency shall install at least 1 re- newable fuel pump at each Federal fleet fueling center in the United States under the jurisdic- tion of the head of the Federal agency. (b) Report Not later than October 31 of the first calendar year beginning after December 19, 2007, and each October 31 thereafter, the President shall sub- mit to Congress a report that describes the progress toward complying with subsection (a), including identifying— (1) the number of Federal fleet fueling cen- ters that contain at least 1 renewable fuel pump; and (2) the number of Federal fleet fueling cen- ters that do not contain any renewable fuel pumps. (c) Department of Defense facility This section shall not apply to a Department of Defense fueling center with a fuel turnover rate of less than 100,000 gallons of fuel per year. (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, § 246, Dec. 19, 2007, 121 Stat. 1547.) 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.