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

submitted 18 years ago by Pub. L. 107-171 to r/title-7-AGRICULTURE · 432 words · no verdicts yet

in plain englishAI-generated · not legal advice

This program pays producers of advanced biofuels to support and grow their production. To get paid, a producer signs a contract with the Secretary and reports evidence of production; payments are based on quantity, energy content, and other factors. No single producer or feedstock can get too large a share, and Commodity Credit Corporation funding runs through fiscal year 2031.

(a) In this section, "eligible producer" means a producer of advanced biofuels. (b) The Secretary must pay eligible producers to support and grow the country's production of advanced biofuels. (c) To get a payment, an eligible producer must sign a contract with the Secretary for producing advanced biofuels, and submit whatever records the Secretary requires as evidence of that production. (d) The Secretary bases payments on how much advanced biofuel the producer made and for how long; the biofuel's net nonrenewable energy content, if that data is available, as the Secretary determines; and other factors the Secretary decides are appropriate. (e) To keep funding distributed fairly, the Secretary must limit how much any single eligible producer can receive. Also, total payments in a fiscal year for biofuel made from one type of eligible feedstock — including its intermediate ingredients or combinations with other feedstocks — can't exceed one-third of the total funds available under subsection (g). (f) To receive a payment, a producer must also meet any other applicable federal and state legal requirements, including regulations, for producing advanced biofuels. (g) Funding. Mandatory Commodity Credit Corporation funding, available until spent: $55,000,000 for 2009; $55,000,000 for 2010; $85,000,000 for 2011; $105,000,000 for 2012; $15,000,000 each year from 2014 through 2018; and $7,000,000 each year from 2019 through 2031. Congress is also authorized to separately appropriate $20,000,000 a year for 2019 through 2023. No more than 5% of a year's funds can go to producers at facilities with a total refining capacity above 150,000,000 gallons a year.
the actual law source: uscode.house.gov ↗public domain
(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 eligible producer under this section in order to distribute the total amount of funding available in an equitable manner.

(2) Feedstock

The total amount of payments made in a fiscal year under this section to one or more eligible producers for the production of advanced biofuels derived from a single eligible commodity, 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 requirements of Federal and State law (including regulations) applicable to the production of advanced biofuels.

(g) Funding
(1) Mandatory funding

Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section, to remain available until expended—

(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 2031.

(2) Discretionary funding

In addition to any other funds made available to carry out this section, there is authorized to be appropriated to carry out this section $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 production at facilities with a total refining capacity exceeding 150,000,000 gallons per year.

Source credit: (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; Pub. L. 119–21, title I, § 10605, July 4, 2025, 139 Stat. 109.)

history & why it existsrecord from the source credit
  • 2008Enacted · Pub. L. 107-171 · 122 Stat. 1314
  • 2013Amended · Pub. L. 112-240 · 126 Stat. 2365
  • 2014Amended · Pub. L. 113-79 · 128 Stat. 930
  • 2018Amended · Pub. L. 115-334 · 132 Stat. 4885
  • 2023Amended · Pub. L. 118-22 · 137 Stat. 117
  • 2025Amended · Pub. L. 119-21 · 139 Stat. 109

A history note hasn’t been published yet. The record shows enactment by Pub. L. 107-171 on 2008-05-22.

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