Title 42, The Public Health and WelfareRelease 119-110

§16232 Bioenergy Program

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

Last updated Sep 23, 2026|Official source

Summary

The Secretary must run a national program to develop, test, and help bring to market bioenergy. Two key terms are defined: biomass means organic material grown or leftover that can be turned into energy (including some forest and wood wastes, but not municipal trash or commonly recycled paper); lignocellulosic feedstock means plant parts or plant leftovers not grown for food, with examples such as barley grain, grapeseed, rice bran, rice hulls, rice straw, soybean matter, and sugarcane bagasse. The program must cover research, development, demonstration, and commercial use for biopower, biofuels, bioproducts, integrated biorefineries, feedstock research, and economic studies. The Secretary must run demonstration projects for integrated biorefineries across different regions and may not give more than $100,000,000 to any single project. The program should show many kinds of feedstocks and uses (like liquid transportation fuels, high-value biobased chemicals, petroleum substitutes, and electricity or heat) and test ways to collect and treat feedstocks. Proposals had to be solicited not later than 6 months after August 8, 2005, and chosen projects must show they can be profitable without ongoing Federal subsidy after initial construction and be easy to copy. The Secretary must also run a university biodiesel demo for diesel generators using fuels up to B100 and study blends, cold-weather performance, storage stability, and other factors. Finally, the Secretary must fund work to make biorefineries more energy efficient and to retrofit corn-based ethanol plants so they can use a range of biomass, including lignocellulosic feedstocks.

Full Legal Text

Title 42, §16232

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

(a)Definitions
In this section: (1) Biomass
(2)Lignocellulosic feedstock
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)Program
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)Biofuels and bioproducts
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)Integrated biorefinery demonstration projects
(1)In general
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)Proposals
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)University biodiesel program
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)Biorefinery energy efficiency
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)Retrofit technologies for the development of ethanol from cellulosic materials
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 42, The Public Health and Welfare

Last Updated

Sep 23, 2026

Release point: 119-110