S 187 ISCommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

S. 187CommentsClose CommentsPermalink

To provide for the expansion of the biofuels market.CommentsClose CommentsPermalink

IN THE SENATE OF THE UNITED STATESCommentsClose CommentsPermalink

January 25 (legislative day, January 5), 2011CommentsClose CommentsPermalink

Mr. HARKIN (for himself, Mr. JOHNSON of South Dakota, Ms. KLOBUCHAR, and Mr. FRANKEN) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural ResourcesCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

To provide for the expansion of the biofuels market.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Biofuels Market Expansion Act of 2011’.CommentsClose CommentsPermalink

SEC. 2. ENSURING THE AVAILABILITY OF DUAL FUELED AUTOMOBILES AND LIGHT DUTY TRUCKS.

(a) In General- Chapter 329 of title 49, United States Code, is amended by inserting after section 32902 the following:CommentsClose CommentsPermalink

‘Sec. 32902A. Requirement to manufacture dual fueled automobiles and light duty trucks

‘(a) In General- For each model year listed in the following table, each manufacturer shall ensure that the percentage of automobiles and light duty trucks manufactured by the manufacturer for sale in the United States that are dual fueled automobiles and light duty trucks is not less than the percentage set forth for that model year in the following table:CommentsClose CommentsPermalink

‘Model YearCommentsClose CommentsPermalink

PercentageCommentsClose CommentsPermalink

Model years 2014 and 2015CommentsClose CommentsPermalink

--50 percentCommentsClose CommentsPermalink

Model year 2016 and each subsequent model yearCommentsClose CommentsPermalink

--90 percent.CommentsClose CommentsPermalink

‘(b) Exception- Subsection (a) shall not apply to automobiles or light duty trucks that operate only on electricity.’.CommentsClose CommentsPermalink





(b) Clerical Amendment- The table of sections for chapter 329 of title 49, United States Code, is amended by inserting after the item relating to section 32902 the following:CommentsClose CommentsPermalink





‘32902A. Requirement to manufacture dual fueled automobiles and light duty trucks.’.CommentsClose CommentsPermalink





(c) Rulemaking- Not later than 1 year after the date of the enactment of this Act, the Secretary of Transportation shall prescribe regulations to carry out the amendments made by this Act.CommentsClose CommentsPermalink

SEC. 3. BLENDER PUMP PROMOTION.

(a) Blender Pump Grant Program-CommentsClose CommentsPermalink





(1) DEFINITIONS- In this subsection:CommentsClose CommentsPermalink





(A) BLENDER PUMP- The term ‘blender pump’ means an automotive fuel dispensing pump capable of dispensing at least 3 different blends of gasoline and ethanol, as selected by the pump operator, including blends ranging from 0 percent ethanol to 85 percent denatured ethanol, as determined by the Secretary.CommentsClose CommentsPermalink





(B) E-85 FUEL- The term ‘E-85 fuel’ means a blend of gasoline approximately 85 percent of the content of which is ethanol.CommentsClose CommentsPermalink





(C) ETHANOL FUEL BLEND- The term ‘ethanol fuel blend’ means a blend of gasoline and ethanol, with a minimum of 0 percent and maximum of 85 percent of the content of which is denatured ethanol.CommentsClose CommentsPermalink





(D) MAJOR FUEL DISTRIBUTOR-CommentsClose CommentsPermalink





(i) IN GENERAL- The term ‘major fuel distributor’ means any person that owns a refinery or directly markets the output of a refinery.CommentsClose CommentsPermalink





(ii) EXCLUSION- The term ‘major fuel distributor’ does not include any person that directly markets through less than 50 retail fueling stations.CommentsClose CommentsPermalink





(E) SECRETARY- The term ‘Secretary’ means the Secretary of Energy.CommentsClose CommentsPermalink





(2) GRANTS- The Secretary shall make grants under this subsection to eligible facilities (as determined by the Secretary) to pay the Federal share of--CommentsClose CommentsPermalink





(A) installing blender pump fuel infrastructure, including infrastructure necessary for the direct retail sale of ethanol fuel blends (including E-85 fuel), including blender pumps and storage tanks; andCommentsClose CommentsPermalink





(B) providing subgrants to direct retailers of ethanol fuel blends (including E-85 fuel) for the purpose of installing fuel infrastructure for the direct retail sale of ethanol fuel blends (including E-85 fuel), including blender pumps and storage tanks.CommentsClose CommentsPermalink





(3) LIMITATION- A major fuel distributor shall not be eligible for a grant or subgrant under this subsection.CommentsClose CommentsPermalink





(4) FEDERAL SHARE- The Federal share of the cost of a project carried out under this subsection shall be up to 50 percent of the total cost of the project.CommentsClose CommentsPermalink





(5) REVERSION- If an eligible facility or retailer that receives a grant or subgrant under this subsection does not offer ethanol fuel blends for sale for at least 2 years during the 4-year period beginning on the date of installation of the blender pump, the eligible facility or retailer shall be required to repay to the Secretary an amount determined to be appropriate by the Secretary, but not more than the amount of the grant provided to the eligible facility or retailer under this subsection.CommentsClose CommentsPermalink





(6) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to the Secretary to carry out this subsection, to remain available until expended--CommentsClose CommentsPermalink





(A) $50,000,000 for fiscal year 2012;CommentsClose CommentsPermalink





(B) $100,000,000 for fiscal year 2013;CommentsClose CommentsPermalink





(C) $200,000,000 for fiscal year 2014;CommentsClose CommentsPermalink





(D) $300,000,000 for fiscal year 2015; andCommentsClose CommentsPermalink





(E) $350,000,000 for fiscal year 2016.CommentsClose CommentsPermalink





(b) Installation of Blender Pumps by Major Fuel Distributors at Owned Stations and Branded Stations- Section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(13) INSTALLATION OF BLENDER PUMPS BY MAJOR FUEL DISTRIBUTORS AT OWNED STATIONS AND BRANDED STATIONS-CommentsClose CommentsPermalink





‘(A) DEFINITIONS- In this paragraph:CommentsClose CommentsPermalink





‘(i) E-85 FUEL- The term ‘E-85 fuel’ means a blend of gasoline approximately 85 percent of the content of which is ethanol.CommentsClose CommentsPermalink





‘(ii) ETHANOL FUEL BLEND- The term ‘ethanol fuel blend’ means a blend of gasoline and ethanol, with a minimum of 0 percent and maximum of 85 percent of the content of which is denatured ethanol.CommentsClose CommentsPermalink





‘(iii) MAJOR FUEL DISTRIBUTOR-CommentsClose CommentsPermalink





‘(I) IN GENERAL- The term ‘major fuel distributor’ means any person that owns a refinery or directly markets the output of a refinery.CommentsClose CommentsPermalink





‘(II) EXCLUSION- The term ‘major fuel distributor’ does not include any person that directly markets through less than 50 retail fueling stations.CommentsClose CommentsPermalink





‘(iv) SECRETARY- The term ‘Secretary’ means the Secretary of Energy, acting in consultation with the Administrator of the Environmental Protection Agency and the Secretary of Agriculture.CommentsClose CommentsPermalink





‘(B) REGULATIONS- The Secretary shall promulgate regulations to ensure that each major fuel distributor that sells or introduces gasoline into commerce in the United States through majority-owned stations or branded stations installs or otherwise makes available 1 or more blender pumps that dispense E-85 fuel and ethanol fuel blends (including any other equipment necessary, such as tanks, to ensure that the pumps function properly) for a period of not less than 5 years at not less than the applicable percentage of the majority-owned stations and the branded stations of the major fuel distributor specified in subparagraph (C).CommentsClose CommentsPermalink





‘(C) APPLICABLE PERCENTAGE- For the purpose of subparagraph (B), the applicable percentage of the majority-owned stations and the branded stations shall be determined in accordance with the following table:CommentsClose CommentsPermalink

‘Applicable percentage of majority-owned stations and branded stationsCommentsClose CommentsPermalink

Calendar year:CommentsClose CommentsPermalink

Percent:CommentsClose CommentsPermalink

2014CommentsClose CommentsPermalink

--10CommentsClose CommentsPermalink

2016CommentsClose CommentsPermalink

--20CommentsClose CommentsPermalink

2018CommentsClose CommentsPermalink

--35CommentsClose CommentsPermalink

2020 and each calendar year thereafterCommentsClose CommentsPermalink

--50.CommentsClose CommentsPermalink

‘(D) GEOGRAPHIC DISTRIBUTION-CommentsClose CommentsPermalink





‘(i) IN GENERAL- Subject to clause (ii), in promulgating regulations under subparagraph (B), the Secretary shall ensure that each major fuel distributor described in that subparagraph installs or otherwise makes available 1 or more blender pumps that dispense E-85 fuel and ethanol fuel blends at not less than a minimum percentage (specified in the regulations) of the majority-owned stations and the branded stations of the major fuel distributors in each State.CommentsClose CommentsPermalink





‘(ii) REQUIREMENT- In specifying the minimum percentage under clause (i), the Secretary shall ensure that each major fuel distributor installs or otherwise makes available 1 or more blender pumps described in that clause in each State in which the major fuel distributor operates.CommentsClose CommentsPermalink





‘(E) FINANCIAL RESPONSIBILITY- In promulgating regulations under subparagraph (B), the Secretary shall ensure that each major fuel distributor described in that subparagraph assumes full financial responsibility for the costs of installing or otherwise making available the blender pumps described in that subparagraph and any other equipment necessary (including tanks) to ensure that the pumps function properly.CommentsClose CommentsPermalink





‘(F) PRODUCTION CREDITS FOR EXCEEDING BLENDER PUMPS INSTALLATION REQUIREMENT-CommentsClose CommentsPermalink





‘(i) EARNING AND PERIOD FOR APPLYING CREDITS- If the percentage of the majority-owned stations and the branded stations of a major fuel distributor at which the major fuel distributor installs blender pumps in a particular calendar year exceeds the percentage required under subparagraph (C), the major fuel distributor shall earn credits under this paragraph, which may be applied to any of the 3 consecutive calendar years immediately after the calendar year for which the credits are earned.CommentsClose CommentsPermalink





‘(ii) TRADING CREDITS- Subject to clause (iii), a major fuel distributor that has earned credits under clause (i) may sell the credits to another major fuel distributor to enable the purchaser to meet the requirement under subparagraph (C).CommentsClose CommentsPermalink





‘(iii) EXCEPTION- A major fuel distributor may not use credits purchased under clause (ii) to fulfill the geographic distribution requirement in subparagraph (D).’.CommentsClose CommentsPermalink

SEC. 4. LOAN GUARANTEES FOR PROJECTS TO CONSTRUCT RENEWABLE FUEL PIPELINES.

(a) Definitions- Section 1701 of the Energy Policy Act of 2005 (42 U.S.C. 16511) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(6) RENEWABLE FUEL- The term ‘renewable fuel’ has the meaning given the term in section 211(o)(1) of the Clean Air Act (42 U.S.C. 7545(o)(1)), except that the term includes all types of ethanol and biodiesel.CommentsClose CommentsPermalink





‘(7) RENEWABLE FUEL PIPELINE- The term ‘renewable fuel pipeline’ means a pipeline for transporting renewable fuel.’.CommentsClose CommentsPermalink





(b) Amount- Section 1702(c) of the Energy Policy Act of 2005 (42 U.S.C. 16512(c)) is amended--CommentsClose CommentsPermalink





(1) by striking ‘(c) Amount- Unless’ and inserting the following:CommentsClose CommentsPermalink





‘(c) Amount-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Unless’; andCommentsClose CommentsPermalink





(2) by adding at the end the following:CommentsClose CommentsPermalink





‘(2) RENEWABLE FUEL PIPELINES- A guarantee for a project described in section 1703(b)(11) shall be in an amount equal to 80 percent of the project cost of the facility that is the subject of the guarantee, as estimated at the time at which the guarantee is issued.’.CommentsClose CommentsPermalink





(c) Renewable Fuel Pipeline Eligibility- Section 1703(b) of the Energy Policy Act of 2005 (42 U.S.C. 16513(b)) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(11) Renewable fuel pipelines.’.CommentsClose CommentsPermalink





(d) Rapid Deployment of Renewable Fuel Pipelines- Section 1705 of the Energy Policy Act of 2005 (42 U.S.C. 16516) is amended--CommentsClose CommentsPermalink





(1) in subsection (a)--CommentsClose CommentsPermalink





(A) in the matter preceding paragraph (1), by inserting ‘, or, in the case of projects described in paragraph (4), September 30, 2012’ before the colon at the end; andCommentsClose CommentsPermalink





(B) by adding at the end the following:CommentsClose CommentsPermalink





‘(4) Installation of sufficient infrastructure to allow for the cost-effective deployment of clean energy technologies appropriate to each region of the United States, including the deployment of renewable fuel pipelines through loan guarantees in an amount equal to 80 percent of the cost.’; andCommentsClose CommentsPermalink





(2) in subsection (e), by inserting ‘, or, in the case of projects described in subsection (a)(4), September 30, 2012’ before the period at the end.CommentsClose CommentsPermalink





(e) Regulations- Not later than 90 days after the date of enactment of this Act, the Secretary of Energy shall promulgate such regulations as are necessary to carry out the amendments made by this section.CommentsClose CommentsPermalink