§8105 — Title 7 Agriculture | U.S. Code

Summary

The Secretary must pay people who make advanced biofuels to help grow production. To get payments, a producer must sign a contract with the Secretary and give whatever production records the Secretary asks for. Payments are based on how much and how long the producer makes the fuel, the fuel’s net nonrenewable energy content when data allow, and other factors the Secretary finds appropriate. The Secretary must limit how much any one producer can get so the money is spread fairly. In any fiscal year, payments for biofuels made from a single commodity cannot exceed one-third of the total funds listed below. Producers must follow all applicable Federal and State laws. Money for the program comes from the Commodity Credit Corporation and stays available until spent. The yearly amounts are: $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 2014–2018; and $7,000,000 each year 2019–2031. In addition, up to $20,000,000 may be appropriated each year for 2019–2023. No more than 5 percent of any year’s funds may go to production at facilities with refining capacity over 150,000,000 gallons per year.

Title 7, §8105

Agriculture — Source: USLM XML via OLRC

(a)In this section, the term “eligible producer” means a producer of advanced biofuels.

(b)The Secretary shall make payments to eligible producers to support and ensure an expanding production of advanced biofuels.

(c)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)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)(1)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)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)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)(1)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)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)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.

Notes & Related Subsidiaries

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

2025—Subsec. (g)(1)(F). Pub. L. 119–21 substituted “2031” for “2024”. 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, substituted “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 AmendmentAmendment by Pub. L. 118–22 to be applied and administered as if enacted on Sept. 30, 2023, see section 102(g) of Pub. L. 118–22, set out in an Extension of Agricultural Programs note under section 9001 of this title.

Effective Date

of 2013 AmendmentAmendment 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.

§8105 Bioenergy program for advanced biofuels

Summary

Title 7, §8105

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Effective Date

Citations & Metadata