Title 42The Public Health and WelfareRelease 119-73

§16232 Bioenergy program

Title 42 › Chapter CHAPTER 149— - NATIONAL ENERGY POLICY AND PROGRAMS › Subchapter SUBCHAPTER IX— - RESEARCH AND DEVELOPMENT › Part Part C— - Renewable Energy › § 16232

Last updated Apr 6, 2026|Official source

Summary

Creates a federal program to research, test, and help bring bioenergy systems to market. Biomass means organic material grown for energy, organic farm byproducts that can be turned into energy, or certain separated wood and forest wastes (not municipal trash or commonly recycled paper). Lignocellulosic feedstock means plant parts or plant byproducts (like barley grain, grapeseed, rice bran, rice hulls, rice straw, soybean matter, and sugarcane bagasse) that are not grown for food. The Secretary must run work on biopower, biofuels, bioproducts, integrated biorefineries, feedstock research, and economic analysis. The goals include making low-cost fuels from lignocellulosic feedstocks, improving enzyme-based biorefinery methods, raising energy output from these feedstocks, and creating affordable bioproducts. The Secretary must fund and demo integrated biorefineries across the country, but no more than $100,000,000 for any single demo. Not later than 6 months after August 8, 2005, the Secretary must ask for proposals and pick only projects that can run profitably without ongoing Federal subsidies after construction and that can be easily copied. The program must also test biodiesel up to B100 at college power plants (checking heat rates, reliability, cold-weather performance, storage stability, and other factors), improve biorefinery energy efficiency, and fund work to retrofit corn-only ethanol plants to use a range of biomass.

Full Legal Text

Title 42, §16232

The Public Health and Welfare — Source: USLM XML via OLRC

(a)In this section:
(1)The term “biomass” means—
(A)any organic material grown for the purpose of being converted to energy;
(B)any organic byproduct of agriculture (including wastes from food production and processing) that can be converted into energy; or
(C)any waste material that can be converted to energy, is segregated from other waste materials, and is derived from—
(i)any of the following forest-related resources: mill residues, precommercial thinnings, slash, brush, or otherwise nonmerchantable material; or
(ii)wood waste materials, including waste pallets, crates, dunnage, manufacturing and construction wood wastes (other than pressure-treated, chemically-treated, or painted wood wastes), and landscape or right-of-way tree trimmings, but not including municipal solid waste, gas derived from the biodegradation of municipal solid waste, or paper that is commonly recycled.
(2)The term “lignocellulosic feedstock” means any portion of a plant or coproduct from conversion, including crops, trees, forest residues, and agricultural residues not specifically grown for food, including from barley grain, grapeseed, rice bran, rice hulls, rice straw, soybean matter, and sugarcane bagasse.
(b)The Secretary shall conduct a program of research, development, demonstration, and commercial application for bioenergy, including—
(1)biopower energy systems;
(2)biofuels;
(3)bioproducts;
(4)integrated biorefineries that may produce biopower, biofuels, and bioproducts;
(5)cross-cutting research and development in feedstocks; and
(6)economic analysis.
(c)The goals of the biofuels and bioproducts programs shall be to develop, in partnership with industry and institutions of higher education—
(1)advanced biochemical and thermochemical conversion technologies capable of making fuels from lignocellulosic feedstocks that are price-competitive with gasoline or diesel in either internal combustion engines or fuel cell-powered vehicles;
(2)advanced biotechnology processes capable of making biofuels and bioproducts with emphasis on development of biorefinery technologies using enzyme-based processing systems;
(3)advanced biotechnology processes capable of increasing energy production from lignocellulosic feedstocks, with emphasis on reducing the dependence of industry on fossil fuels in manufacturing facilities; and
(4)other advanced processes that will enable the development of cost-effective bioproducts, including biofuels.
(d)(1)The Secretary shall carry out a program to demonstrate the commercial application of integrated biorefineries. The Secretary shall ensure geographical distribution of biorefinery demonstrations under this subsection. The Secretary shall not provide more than $100,000,000 under this subsection for any single biorefinery demonstration. In making awards under this subsection, the Secretary shall encourage—
(A)the demonstration of a wide variety of lignocellulosic feedstocks;
(B)the commercial application of biomass technologies for a variety of uses, including—
(i)liquid transportation fuels;
(ii)high-value biobased chemicals;
(iii)substitutes for petroleum-based feedstocks and products; and
(iv)energy in the form of electricity or useful heat; and
(C)the demonstration of the collection and treatment of a variety of biomass feedstocks.
(2)Not later than 6 months after August 8, 2005, the Secretary shall solicit proposals for demonstration of advanced biorefineries. The Secretary shall select only proposals that—
(A)demonstrate that the project will be able to operate profitably without direct Federal subsidy after initial construction costs are paid; and
(B)enable the biorefinery to be easily replicated.
(e)The Secretary shall establish a demonstration program to determine the feasibility of the operation of diesel electric power generators, using biodiesel fuels with ratings as high as B100, at electric generation facilities owned by institutions of higher education. The program shall examine—
(1)heat rates of diesel fuels with large quantities of cellulosic content;
(2)the reliability of operation of various fuel blends;
(3)performance in cold or freezing weather;
(4)stability of fuel after extended storage; and
(5)other criteria, as determined by the Secretary.
(g)The Secretary shall establish a program of research, development, demonstration, and commercial application for increasing energy efficiency and reducing energy consumption in the operation of biorefinery facilities.
(h)The Secretary shall establish a program of research, development, demonstration, and commercial application on technologies and processes to enable biorefineries that exclusively use corn grain or corn starch as a feedstock to produce ethanol to be retrofitted to accept a range of biomass, including lignocellulosic feedstocks.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2007—Subsecs. (g), (h). Pub. L. 110–140 added subsecs. (g) and (h).

Statutory Notes and Related Subsidiaries

Effective Date

of 2007 AmendmentAmendment by Pub. L. 110–140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as an

Effective Date

note under section 1824 of Title 2, The Congress.

Reference

Citations & Metadata

Citation

42 U.S.C. § 16232

Title 42The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73