US Codex
Pub. L.
Notes

Title IX — Energy

115th Congress · Approved Dec 20, 2018 · 132 Stat. 4490

TITLE IX Energy

SEC. 9001. Definitions.

Section 9001 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8101) is amended—
(1)
in paragraph (4)(A), by striking “ agricultural materials” and inserting “ agricultural materials, renewable chemicals,”;
(2)
in paragraph (7)(A), by striking “ into biofuels and biobased products; and” and inserting the following:

“(i) biofuels;

“(ii) renewable chemicals; or

“(iii) biobased products; and”

; and

(3)
in paragraph (16)—
(A)
in subparagraph (A)—
(i)
in the matter preceding clause (i), by striking “ (B)” and inserting “ (C)”; and
(ii)
by striking “ that—” in the matter preceding clause (i) and all that follows through the period at the end of clause (ii) and inserting “ that produces usable energy from a renewable energy source.”;
(B)
by redesignating subparagraph (B) as subparagraph (C); and
(C)
by inserting after subparagraph (A) the following:

“(B) Inclusions.—The term ‘renewable energy system’ includes—

“(i) distribution components necessary to move energy produced by a system described in subparagraph (A) to the initial point of sale; and

“(ii) other components and ancillary infrastructure of a system described in subparagraph (A), such as a storage system.”

SEC. 9002. Biobased Markets Program.

Section 9002 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8102) is amended—
(1)
in subsection (b)(2)(A), by adding at the end the following:

“(iii) Renewable chemicals.—Not later than 180 days after the date of enactment of this clause, the Secretary shall update the criteria issued under clause (i) to provide criteria for determining which renewable chemicals may qualify to receive the label under paragraph (1).”

(2)
by amending subsection (f) to read as follows:

“(f) Manufacturers of Renewable Chemicals and Biobased Products.—

“(1) NAICS codes.—The Secretary and the Secretary of Commerce shall jointly develop North American Industry Classification System codes for—

“(A) renewable chemicals manufacturers; and

“(B) biobased products manufacturers.

“(2) National testing center registry.—The Secretary shall establish a national registry of testing centers for biobased products that will serve biobased product manufacturers.”

(3)
by redesignating subsections (h) through (j) as subsections (j) through (l), respectively;
(4)
by inserting after subsection (g) the following:

“(h) Streamlining.—

“(1) In general.—Not later than 1 year after the date of enactment of this subsection, the Secretary shall establish guidelines for an integrated process under which biobased products may be, in 1 expedited approval process—

“(A) determined to be eligible for a Federal procurement preference under subsection (a); and

“(B) approved to use the ‘USDA Certified Biobased Product’ label under subsection (b).

“(2) Initiation.—The Secretary shall ensure that a review of a biobased product under the integrated qualification process established pursuant to paragraph (1) may be initiated on receipt of a recommendation or petition from a manufacturer, vendor, or other interested party.

“(3) Product designations.—The Secretary may issue a product designation pursuant to subsection (a)(3)(B), or approve the use of the ‘USDA Certified Biobased Product’ label under subsection (b), through streamlined procedures, which shall not be subject to chapter 7 of title 5, United States Code.

“(i) Requirement of Procuring Agencies.—A procuring agency (as defined in subsection (a)(1)) shall not establish regulations, guidance, or criteria regarding the procurement of biobased products, pursuant to this section or any other law, that impose limitations on that procurement that are more restrictive than the limitations established by the Secretary under the regulations to implement this section.”

(5)
in subsection (k) (as so redesignated)—
(A)
in paragraph (1), by striking “ 2018” and inserting “ 2023”; and
(B)
in paragraph (2), by striking “ $2,000,000 for each of fiscal years 2014 through 2018” and inserting “ $3,000,000 for each of fiscal years 2019 through 2023”; and
(6)
by adding at the end the following:

“(m) Rural Development Mission Area.—In carrying out this section, except as provided in subsection (g), the Secretary shall act through the rural development mission area.”

SEC. 9003. Biorefinery Assistance.

Section 9003 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8103) is amended—
(1)
in subsection (b)(3)—
(A)
in subparagraph (A), by striking “ produces an advanced biofuel; and” and inserting the following:

“(i) an advanced biofuel;

“(ii) a renewable chemical; or

“(iii) a biobased product; and”

; and

(B)
in subparagraph (B), by striking “ produces an advanced biofuel.” and inserting the following:

“(i) an advanced biofuel;

“(ii) a renewable chemical; or

“(iii) a biobased product.”

; and

(2)
in subsection (g)—
(A)
in paragraph (1)(A)—
(i)
in clause (i), by striking “ and” at the end;
(ii)
in clause (ii), by striking the period at the end and inserting a semicolon; and
(iii)
by adding at the end the following:

“(iii) $50,000,000 for fiscal year 2019; and

“(iv) $25,000,000 for fiscal year 2020.”

; and

(B)
in paragraph (2), by striking “ 2018” and inserting “ 2023”.

SEC. 9004. Repowering Assistance Program.

Section 9004 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8104) is repealed.

SEC. 9005. Bioenergy Program for Advanced Biofuels.

Section 9005 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8105) is amended—
(1)
in subsection (e)—
(A)
by striking “ The Secretary may” and inserting the following new paragraph:

“(1) Amount.—The Secretary shall”

; and

(B)
by adding at the end the following new paragraph:

“(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).”

; and

(2)
in subsection (g)—
(A)
in paragraph (1)—
(i)
in subparagraph (D), by striking “ and” at the end;
(ii)
in subparagraph (E), by striking the period at the end and inserting “ ; and”; and
(iii)
by adding at the end the following:

“(F) $7,000,000 for each of fiscal years 2019 through 2023.”

; and

(B)
in paragraph (2), by striking “ 2014 through 2018” and inserting “ 2019 through 2023”.

SEC. 9006. Biodiesel Fuel Education Program.

Section 9006(d) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8106(d)) is amended to read as follows:

“(d) Authorization of Appropriations.—There is authorized to be appropriated to carry out this section $2,000,000 for each of fiscal years 2019 through 2023.”

SEC. 9007. Rural Energy for America Program.

Section 9007 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8107) is amended—
(1)
in subsection (c)—
(A)
by amending paragraph (1) to read as follows:

“(1) In general.—

“(A) Assistance.—In addition to any similar authority, the Secretary shall provide—

“(i) loan guarantees and grants to agricultural producers and rural small businesses—

“(I) to purchase renewable energy systems, including systems that may be used to produce and sell electricity; and

“(II) to make energy efficiency improvements; and

“(ii) loan guarantees to agricultural producers to purchase and install energy efficient equipment or systems for agricultural production or processing that exceed—

“(I) energy efficiency building codes, if applicable;

“(II) Federal or State energy efficiency standards, if applicable; and

“(III) other energy efficiency standards determined appropriate by the Secretary.

“(B) Limitations.—With respect to loan guarantees under subparagraph (A)(ii)—

“(i) if no codes or standards described in such subparagraph apply to the energy efficient equipment or system to be purchased or installed pursuant to such subparagraph, the Secretary shall require, to the maximum extent practicable, such equipment or system to meet the same efficiency measurements as the most efficient available equipment or system in the market; and

“(ii) the Secretary shall not provide such a loan guarantee for the purchase or installation of any energy efficient equipment or system unless more than one type of such equipment or system is available in the market.”

; and

(B)
in paragraph (3), by adding at the end the following:

“(D) Loan guarantees for energy efficient equipment to agricultural producers.—Using funds made available under paragraphs (1) and (3) of subsection (f), in each fiscal year the Secretary may use for loan guarantees under paragraph (1)(A)(ii) an amount that does not exceed 15 percent of such funds.”

(2)
in subsection (e), by striking “ subsection (g)” each place it appears and inserting “ subsection (f)”;
(3)
by striking subsection (f) and redesignating subsection (g) as subsection (f); and
(4)
in subsection (f)(3) (as so redesignated), by striking “ 2014 through 2018” and inserting “ 2019 through 2023”.

SEC. 9008. Rural Energy Self-Sufficiency Initiative.

Section 9009 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8109) is repealed.

SEC. 9009. Feedstock Flexibility.

Section 9010(b) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8110(b)) is amended—
(1)
in paragraph (1)(A), by striking “ 2018” and inserting “ 2023”; and
(2)
in paragraph (2)(A), by striking “ 2018” and inserting “ 2023”.

SEC. 9010. Biomass Crop Assistance Program.

Section 9011 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8111) is amended—
(1)
in subsection (a)(6)—
(A)
in subparagraph (B)—
(i)
in clause (ii)(II), by striking “ and” at the end;
(ii)
in clause (iii), by striking the period at the end and inserting “ ; and”; and
(iii)
by adding at the end the following:

“(iv) algae.”

; and

(B)
in subparagraph (C)—
(i)
by striking clause (iv); and
(ii)
by redesignating clauses (v) through (vii) as clauses (iv) through (vi), respectively; and
(2)
in subsection (f)—
(A)
by amending paragraph (1) to read as follows:

“(1) Authorization of appropriations.—There is authorized to be appropriated to carry out this section $25,000,000 for each of fiscal years 2019 through 2023.”

; and

(B)
by amending paragraph (3) to read as follows:

“(3) Technical assistance.—Effective for fiscal year 2014 and each subsequent fiscal year, funds made available under this subsection shall be available for the provision of technical assistance with respect to activities authorized under this section.”

SEC. 9011. Carbon Utilization and Biogas Education Program.

Title IX of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8101 et seq.) is amended by adding at the end the following:

“SEC. 9014. CARBON UTILIZATION AND BIOGAS EDUCATION PROGRAM.

“(a) Definitions.—In this section:

“(1) Carbon dioxide.—The term ‘carbon dioxide’ means carbon dioxide that is produced as a byproduct of the production of a biobased product.

“(2) Eligible entity.—The term ‘eligible entity’ means an entity that—

“(A) is—

“(i) an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of that Code; or

“(ii) an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)));

“(B) has demonstrated knowledge about—

“(i) sequestration and utilization of carbon dioxide; or

“(ii) aggregation of organic waste from multiple sources into a single biogas system; and

“(C) has a demonstrated ability to conduct educational and technical support programs.

“(b) Establishment.—The Secretary, in consultation with the Secretary of Energy, shall make competitive grants to eligible entities—

“(1) to provide education to the public about the economic and emissions benefits of permanent sequestration or utilization of carbon dioxide with a primary objective of providing benefits and opportunities for rural businesses, rural communities, and utilities serving rural communities; or

“(2) to provide education to agricultural producers and other stakeholders about opportunities for aggregation of organic waste from multiple sources into a single biogas system.

“(c) Funding.—There are authorized to be appropriated for each of fiscal years 2019 through 2023—

“(1) $1,000,000 to carry out subsection (b)(1); and

“(2) $1,000,000 to carry out subsection (b)(2).”