II 

110TH CONGRESS 

1ST SESSION S. 987 

To enhance the energy security of the United States by promoting biofuels, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 26, 2007 

Mr. BINGAMAN (for himself and Mr. DOMENICI) introduced the following bill; 

which was read twice and referred to the Committee on Energy and Natural Resources 

A BILL 

To enhance the energy security of the United States by 

promoting biofuels, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Biofuels for Energy Security and Transportation Act of 

6 2007’’. 

7 (b) TABLE OF CONTENTS.—The table of contents of 

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—RENEWABLE FUEL STANDARD 


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Sec. 101. Renewable fuel standard. 

TITLE II—RENEWABLE FUELS INFRASTRUCTURE 

Sec. 201. Infrastructure pilot program for renewable fuels. 

Sec. 202. Bioenergy research and development. 

Sec. 203. Bioresearch centers for systems biology program. 

Sec. 204. Loan guarantees for renewable fuel facilities. 

Sec. 205. Grants for renewable fuel production research and development in 

certain States. 

Sec. 206. Grants for infrastructure for transportation of biomass to local biorefineries. 

Sec. 207. Biorefinery information center. 

Sec. 208. Conversion assistance for cellulosic biomass, waste-derived ethanol, 

approved renewable fuels. 

Sec. 209. Alternative fuel database and materials. 

Sec. 210. Fuel tank cap labeling requirement. 

TITLE III—STUDIES 

Sec. 301. Study of advanced biofuels technologies. 

Sec. 302. Study of increased consumption of ethanol-blended gasoline with 

higher levels of ethanol. 

Sec. 303. Pipeline feasibility study. 

Sec. 304. Study of optimization of alternative fueled vehicles to use E–85 fuel. 

Sec. 305. Study of credits for use of renewable electricity in electric vehicles. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) ADVANCED BIOFUEL.— 

4 (A) IN GENERAL.—The term ‘‘advanced 

5 biofuel’’ means fuel derived from renewable bio6 mass other than corn kernels. 

7 (B) INCLUSIONS.—The term ‘‘advanced 

8 biofuel’’ includes— 

9 (i) ethanol derived from cellulose, 

10 hemicellulose, or lignin; 

11 (ii) ethanol derived from sugar or 

12 starch, other than ethanol derived from 

13 corn kernels; 


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1 (iii) ethanol derived from waste mate2 rial, including crop residue, other vegeta3 tive waste material, animal waste, and mu4 nicipal solid waste; 

5 (iv) diesel-equivalent fuel derived from 

6 renewable biomass, including vegetable oil 

7 and animal fat; 

8 (v) biogas produced by the anaerobic 

9 digestion or fermentation of organic matter 

10 from renewable biomass; and 

11 (vi) butanol produced by the fer12 mentation of renewable biomass. 

13 (2) CELLULOSIC BIOMASS ETHANOL.—The 

14 term ‘‘cellulosic biomass ethanol’’ means ethanol de15 rived from any cellulose, hemicellulose, or lignin that 

16 is derived from renewable biomass. 

17 (3) CONVENTIONAL BIOFUEL.—The term ‘‘con18 ventional biofuel’’ means ethanol derived from corn 

19 kernels. 

20 (4) RENEWABLE BIOMASS.— 

21 (A) IN GENERAL.—The term ‘‘renewable 

22 biomass’’ means any organic matter that is 

23 available on a renewable or recurring basis. 

24 (B) INCLUSIONS.—The term ‘‘renewable 

25 biomass’’ includes— 


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1 (i) renewable plant material, includ2 ing— 

3 (I) feed grains; 

4 (II) other agricultural commod5 ities; 

6 (III) other plants and trees 

7 grown for energy production; and 

8 (IV) algae; and 

9 (ii) waste material, including— 

10 (I) crop residue; 

11 (II) other vegetative waste mate12 rial (including wood waste and wood 

13 residues); 

14 (III) animal waste and byprod15 ucts (including fats, oils, greases, and 

16 manure); and 

17 (IV) municipal solid waste. 

18 (C) EXCLUSIONS.—The term ‘‘renewable 

19 biomass’’ does not include old-growth timber of 

20 a forest from the late successional stage of for21 est development. 

22 (5) RENEWABLE FUEL.— 

23 (A) IN GENERAL.—The term ‘‘renewable 

24 fuel’’ means motor vehicle fuel, boiler fuel, or 

25 home heating fuel that is— 


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1 (i) produced from renewable biomass; 

2 and 

3 (ii) used to replace or reduce the 

4 quantity of fossil fuel present in a fuel 

5 mixture used to operate a motor vehicle, 

6 boiler, or furnace that would otherwise op7 erate using fossil fuel. 

8 (B) INCLUSION.—The term ‘‘renewable 

9 fuel’’ includes— 

10 (i) conventional biofuel; and 

11 (ii) advanced biofuel. 

12 (6) SECRETARY.—The term ‘‘Secretary’’ means 

13 the Secretary of Energy. 

14 (7) SMALL REFINERY.—The term ‘‘small refin15 ery’’ means a refinery for which the average aggre16 gate daily crude oil throughput for a calendar year 

17 (as determined by dividing the aggregate throughput 

18 for the calendar year by the number of days in the 

19 calendar year) does not exceed 75,000 barrels. 

20 TITLE I—RENEWABLE FUEL 

21 STANDARD 

22 SEC. 101. RENEWABLE FUEL STANDARD. 

23 (a) RENEWABLE FUEL PROGRAM.— 

24 (1) REGULATIONS.— 


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1 (A) IN GENERAL.—Not later than 1 year 

2 after the date of enactment of this Act, the 

3 President shall promulgate regulations to en4 sure that motor vehicle fuel, home heating oil, 

5 and boiler fuel sold or introduced into com6 merce in the United States (except in non7 contiguous States or territories), on an annual 

8 average basis, contains the applicable volume of 

9 renewable fuel determined in accordance with 

10 paragraph (2). 

11 (B) PROVISIONS OF REGULATIONS.—Re12 gardless of the date of promulgation, the regu13 lations promulgated under subparagraph (A)— 

14 (i) shall contain compliance provisions 

15 applicable to refineries, blenders, distribu16 tors, and importers, as appropriate, to en17 sure that the requirements of this sub18 section are met; but 

19 (ii) shall not— 

20 (I) restrict geographic areas in 

21 the contiguous United States in which 

22 renewable fuel may be used; or 

23 (II) impose any per-gallon obliga24 tion for the use of renewable fuel. 


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1 (C) RELATIONSHIP TO OTHER REGULA2 TIONS.—Regulations promulgated under this 

3 paragraph shall, to the maximum extent prac4 ticable, incorporate the program structure, com5 pliance, and reporting requirements established 

6 under the final regulations promulgated to im7 plement the renewable fuel program established 

8 by the amendment made by section 1501(a)(2) 

9 of the Energy Policy Act of 2005 (Public Law 

10 109–58; 119 Stat. 1067). 

11 (2) APPLICABLE VOLUME.— 

12 (A) CALENDAR YEARS 2008 THROUGH

13 2022.— 

14 (i) RENEWABLE FUEL.—For the pur15 pose of paragraph (1), subject to clause 

16 (ii), the applicable volume for any of cal17 endar years 2008 through 2022 shall be 

18 determined in accordance with the fol19 lowing table: 

Applicable volume of 

renewable fuel 

Calendar year: (in billions of gallons): 

2008 ......................................................................................... 8.5 

2009 ......................................................................................... 10.5 

2010 ......................................................................................... 12.0 

2011 ......................................................................................... 12.6 

2012 ......................................................................................... 13.2 

2013 ......................................................................................... 13.8 

2014 ......................................................................................... 14.4 

2015 ......................................................................................... 15.0 

2016 ......................................................................................... 18.0 

2017 ......................................................................................... 21.0 

2018 ......................................................................................... 24.0 


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Applicable volume of 

renewable fuel 

Calendar year: (in billions of gallons): 

2019 ......................................................................................... 27.0 

2020 ......................................................................................... 30.0 

2021 ......................................................................................... 33.0 

2022 ......................................................................................... 36.0 

1 (ii) ADVANCED BIOFUELS.—For the 

2 purpose of paragraph (1), of the volume of 

3 renewable fuel required under clause (i), 

4 the applicable volume for any of calendar 

5 years 2016 through 2022 for advanced 

6 biofuels shall be determined in accordance 

7 with the following table: 

Applicable volume of 

advanced biofuels 

Calendar year: (in billions of gallons): 

2016 ......................................................................................... 3.0 

2017 ......................................................................................... 6.0 

2018 ......................................................................................... 9.0 

2019 ......................................................................................... 12.0 

2020 ......................................................................................... 15.0 

2021 ......................................................................................... 18.0 

2022 ......................................................................................... 21.0 

8 (B) CALENDAR YEAR 2023 AND THERE9 AFTER.—Subject to subparagraph (C), for the 

10 purposes of paragraph (1), the applicable vol11 ume for calendar year 2023 and each calendar 

12 year thereafter shall be determined by the 

13 President, in coordination with the Secretary of 

14 Energy, the Secretary of Agriculture, and the 

15 Administrator of the Environmental Protection 

16 Agency, based on a review of the implementaVerDate Aug 31 2005 01:51 Mar 29, 2007 Jkt 059200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S987.IS S987

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1 tion of the program during calendar years 2007 

2 through 2022, including a review of— 

3 (i) the impact of renewable fuels on 

4 the energy security of the United States; 

5 (ii) the expected annual rate of future 

6 production of renewable fuels, including 

7 advanced biofuels; and 

8 (iii) the impact of the use of renew9 able fuels on other factors, including job 

10 creation, the price and supply of agricul11 tural commodities, rural economic develop12 ment, and the environment. 

13 (C) MINIMUM APPLICABLE VOLUME.—Sub14 ject to subparagraph (D), for the purpose of 

15 paragraph (1), the applicable volume for cal16 endar year 2023 and each calendar year there17 after shall be equal to the product obtained by 

18 multiplying— 

19 (i) the number of gallons of gasoline 

20 that the President estimates will be sold or 

21 introduced into commerce in the calendar 

22 year; and 

23 (ii) the ratio that— 

24 (I) 36,000,000,000 gallons of re25 newable fuel; bears to 


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1 (II) the number of gallons of gas2 oline sold or introduced into com3 merce in calendar year 2022. 

4 (D) MAXIMUM QUANTITY DERIVED FROM

5 CONVENTIONAL BIOFUEL FEEDSTOCKS.—For 

6 the purpose of paragraph (1), the applicable 

7 volume for calendar year 2023 and each cal8 endar year thereafter shall not exceed 

9 15,000,000,000 gallons of conventional biofuel. 

10 (b) APPLICABLE PERCENTAGES.— 

11 (1) PROVISION OF ESTIMATE OF VOLUMES OF

12 GASOLINE SALES.—Not later than October 31 of 

13 each of calendar years 2008 through 2021, the Ad14 ministrator of the Energy Information Administra15 tion shall provide to the President an estimate, with 

16 respect to the following calendar year, of the vol17 umes of gasoline projected to be sold or introduced 

18 into commerce in the United States. 

19 (2) DETERMINATION OF APPLICABLE PERCENT20 AGES.— 

21 (A) IN GENERAL.—Not later than Novem22 ber 30 of each of calendar years 2008 through 

23 2022, based on the estimate provided under 

24 paragraph (1), the President shall determine 

25 and publish in the Federal Register, with reVerDate Aug 31 2005 01:51 Mar 29, 2007 Jkt 059200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S987.IS S987

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1 spect to the following calendar year, the renew2 able fuel obligation that ensures that the re3 quirements of subsection (a) are met. 

4 (B) REQUIRED ELEMENTS.—The renew5 able fuel obligation determined for a calendar 

6 year under subparagraph (A) shall— 

7 (i) be applicable to refineries, blend8 ers, and importers, as appropriate; 

9 (ii) be expressed in terms of a volume 

10 percentage of gasoline sold or introduced 

11 into commerce in the United States; and 

12 (iii) subject to paragraph (3)(A), con13 sist of a single applicable percentage that 

14 applies to all categories of persons speci15 fied in clause (i). 

16 (3) ADJUSTMENTS.—In determining the appli17 cable percentage for a calendar year, the President 

18 shall make adjustments— 

19 (A) to prevent the imposition of redundant 

20 obligations on any person specified in para21 graph (2)(B)(i); and 

22 (B) to account for the use of renewable 

23 fuel during the previous calendar year by small 

24 refineries that are exempt under subsection (g). 


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1 (c) VOLUME CONVERSION FACTORS FOR RENEW2 ABLE FUELS BASED ON ENERGY CONTENT OR REQUIRE3 MENTS.— 

4 (1) IN GENERAL.—For the purpose of sub5 section (a), the President shall assign values to spe6 cific types of advanced biofuels for the purpose of 

7 satisfying the fuel volume requirements of subsection 

8 (a)(2) in accordance with this subsection. 

9 (2) ENERGY CONTENT RELATIVE TO ETH10 ANOL.—For advanced biofuel, 1 gallon of the ad11 vanced biofuel shall be considered to be the equiva12 lent of 1 gallon of renewable fuel multiplied by the 

13 ratio that— 

14 (A) the number of British thermal units of 

15 energy produced by the combustion of 1 gallon 

16 of the advanced biofuel (as measured under 

17 conditions determined by the Secretary); bears 

18 to 

19 (B) the number of British thermal units of 

20 energy produced by the combustion of 1 gallon 

21 of pure ethanol (as measured under conditions 

22 determined by the Secretary to be comparable 

23 to conditions described in subparagraph (A)). 

24 (3) TRANSITIONAL ENERGY-RELATED CONVER25 SION FACTORS FOR CELLULOSIC BIOMASS ETHVerDate Aug 31 2005 01:51 Mar 29, 2007 Jkt 059200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S987.IS S987

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1 ANOL.—For any of calendar years 2008 through 

2 2015, 1 gallon of cellulosic biomass ethanol shall be 

3 considered to be the equivalent of 2.5 gallons of re4 newable fuel. 

5 (d) CREDIT PROGRAM.— 

6 (1) IN GENERAL.—The President, in consulta7 tion with the Secretary and the Administrator of the 

8 Environmental Protection Agency, shall implement a 

9 credit program to manage the renewable fuel re10 quirement of this section in a manner consistent 

11 with the credit program established by the amend12 ment made by section 1501(a)(2) of the Energy Pol13 icy Act of 2005 (Public Law 109–58; 119 Stat. 

14 1067). 

15 (2) MARKET TRANSPARENCY.—In carrying out 

16 the credit program under this subsection, the Presi17 dent shall facilitate price transparency in markets 

18 for the sale and trade of credits, with due regard for 

19 the public interest, the integrity of those markets, 

20 fair competition, and the protection of consumers 

21 and agricultural producers. 

22 (e) SEASONAL VARIATIONS IN RENEWABLE FUEL

23 USE.— 

24 (1) STUDY.—For each of calendar years 2007 

25 through 2020, the Administrator of the Energy InVerDate Aug 31 2005 01:51 Mar 29, 2007 Jkt 059200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S987.IS S987

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1 formation Administration shall conduct a study of 

2 renewable fuel blending to determine whether there 

3 are excessive seasonal variations in the use of renew4 able fuel. 

5 (2) REGULATION OF EXCESSIVE SEASONAL

6 VARIATIONS.—If, for any calendar year, the Admin7 istrator of the Energy Information Administration, 

8 based on the study under paragraph (1), makes the 

9 determinations specified in paragraph (3), the Presi10 dent shall promulgate regulations to ensure that 25 

11 percent or more of the quantity of renewable fuel 

12 necessary to meet the requirements of subsection (a) 

13 is used during each of the 2 periods specified in 

14 paragraph (4) of each subsequent calendar year. 

15 (3) DETERMINATIONS.—The determinations re16 ferred to in paragraph (2) are that— 

17 (A) less than 25 percent of the quantity of 

18 renewable fuel necessary to meet the require19 ments of subsection (a) has been used during 1 

20 of the 2 periods specified in paragraph (4) of 

21 the calendar year; 

22 (B) a pattern of excessive seasonal vari23 ation described in subparagraph (A) will con24 tinue in subsequent calendar years; and 


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1 (C) promulgating regulations or other re2 quirements to impose a 25 percent or more sea3 sonal use of renewable fuels will not signifi4 cantly— 

5 (i) increase the price of motor fuels to 

6 the consumer; or 

7 (ii) prevent or interfere with the at8 tainment of national ambient air quality 

9 standards. 

10 (4) PERIODS.—The 2 periods referred to in this 

11 subsection are— 

12 (A) April through September; and 

13 (B) January through March and October 

14 through December. 

15 (f) WAIVERS.— 

16 (1) IN GENERAL.—The President, in consulta17 tion with the Secretary of Energy, the Secretary of 

18 Agriculture, and the Administrator of the Environ19 mental Protection Agency, may waive the require20 ments of subsection (a) in whole or in part on peti21 tion by one or more States by reducing the national 

22 quantity of renewable fuel required under subsection 

23 (a), based on a determination by the President 

24 (after public notice and opportunity for comment), 

25 that— 


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1 (A) implementation of the requirement 

2 would severely harm the economy or environ3 ment of a State, a region, or the United States; 

4 or 

5 (B) extreme and unusual circumstances 

6 exist that prevent distribution of an adequate 

7 supply of domestically-produced renewable fuel 

8 to consumers in the United States. 

9 (2) PETITIONS FOR WAIVERS.—The President, 

10 in consultation with the Secretary of Energy, the 

11 Secretary of Agriculture, and the Administrator of 

12 the Environmental Protection Agency, shall approve 

13 or disapprove a State petition for a waiver of the re14 quirements of subsection (a) within 90 days after 

15 the date on which the petition is received by the 

16 President. 

17 (3) TERMINATION OF WAIVERS.—A waiver 

18 granted under paragraph (1) shall terminate after 1 

19 year, but may be renewed by the President after 

20 consultation with the Secretary of Energy, the Sec21 retary of Agriculture, and the Administrator of the 

22 Environmental Protection Agency. 

23 (g) SMALL REFINERIES.— 

24 (1) TEMPORARY EXEMPTION.— 


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1 (A) IN GENERAL.—The requirements of 

2 subsection (a) shall not apply to small refineries 

3 until calendar year 2013. 

4 (B) EXTENSION OF EXEMPTION.— 

5 (i) STUDY BY SECRETARY.—Not later 

6 than December 31, 2008, the Secretary 

7 shall submit to the President and Congress 

8 a report describing the results of a study 

9 to determine whether compliance with the 

10 requirements of subsection (a) would im11 pose a disproportionate economic hardship 

12 on small refineries. 

13 (ii) EXTENSION OF EXEMPTION.—In 

14 the case of a small refinery that the Sec15 retary determines under clause (i) would 

16 be subject to a disproportionate economic 

17 hardship if required to comply with sub18 section (a), the President shall extend the 

19 exemption under subparagraph (A) for the 

20 small refinery for a period of not less than 

21 2 additional years. 

22 (2) PETITIONS BASED ON DISPROPORTIONATE

23 ECONOMIC HARDSHIP.— 

24 (A) EXTENSION OF EXEMPTION.—A small 

25 refinery may at any time petition the President 


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1 for an extension of the exemption under para2 graph (1) for the reason of disproportionate 

3 economic hardship. 

4 (B) EVALUATION OF PETITIONS.—In eval5 uating a petition under subparagraph (A), the 

6 President, in consultation with the Secretary, 

7 shall consider the findings of the study under 

8 paragraph (1)(B) and other economic factors. 

9 (C) DEADLINE FOR ACTION ON PETI10 TIONS.—The President shall act on any petition 

11 submitted by a small refinery for a hardship ex12 emption not later than 90 days after the date 

13 of receipt of the petition. 

14 (3) OPT-IN FOR SMALL REFINERIES.—A small 

15 refinery shall be subject to the requirements of sub16 section (a) if the small refinery notifies the Presi17 dent that the small refinery waives the exemption 

18 under paragraph (1). 

19 (h) PENALTIES AND ENFORCEMENT.— 

20 (1) CIVIL PENALTIES.— 

21 (A) IN GENERAL.—Any person that vio22 lates a regulation promulgated under subsection 

23 (a), or that fails to furnish any information re24 quired under such a regulation, shall be liable 


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1 to the United States for a civil penalty of not 

2 more than the total of— 

3 (i) $25,000 for each day of the viola4 tion; and 

5 (ii) the amount of economic benefit or 

6 savings received by the person resulting 

7 from the violation, as determined by the 

8 President. 

9 (B) COLLECTION.—Civil penalties under 

10 subparagraph (A) shall be assessed by, and col11 lected in a civil action brought by, the Secretary 

12 or such other officer of the United States as is 

13 designated by the President. 

14 (2) INJUNCTIVE AUTHORITY.— 

15 (A) IN GENERAL.—The district courts of 

16 the United States shall have jurisdiction to— 

17 (i) restrain a violation of a regulation 

18 promulgated under subsection (a); 

19 (ii) award other appropriate relief; 

20 and 

21 (iii) compel the furnishing of informa22 tion required under the regulation. 

23 (B) ACTIONS.—An action to restrain such 

24 violations and compel such actions shall be 


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1 brought by and in the name of the United 

2 States. 

3 (C) SUBPOENAS.—In the action, a sub4 poena for a witness who is required to attend 

5 a district court in any district may apply in any 

6 other district. 

7 (i) EFFECTIVE DATE.—Except as otherwise specifi8 cally provided in this section, this section takes effect on 

9 January 1, 2008. 

10 TITLE II—RENEWABLE FUELS 

11 INFRASTRUCTURE 

12 SEC. 201. INFRASTRUCTURE PILOT PROGRAM FOR RENEW13 ABLE FUELS. 

14 (a) IN GENERAL.—The Secretary, in consultation 

15 with the Secretary of Transportation and the Adminis16 trator of the Environmental Protection Agency, shall es17 tablish a competitive grant pilot program (referred to in 

18 this section as the ‘‘pilot program’’), to be administered 

19 through the Vehicle Technology Deployment Program of 

20 the Department of Energy, to provide not more than 10 

21 geographically-dispersed project grants to State govern22 ments, local governments, metropolitan transportation au23 thorities, or partnerships of those entities to carry out 1 

24 or more projects for the purposes described in subsection 

25 (b). 


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1 (b) GRANT PURPOSES.—A grant under this section 

2 shall be used for the establishment of refueling infrastruc3 ture corridors, as designated by the Secretary, for gasoline 

4 blends that contain at least 85 percent renewable fuel or 

5 diesel fuel that contains at least 10 percent renewable fuel, 

6 including— 

7 (1) installation of infrastructure and equipment 

8 necessary to ensure adequate distribution of renew9 able fuels within the corridor; 

10 (2) installation of infrastructure and equipment 

11 necessary to directly support vehicles powered by re12 newable fuels; and 

13 (3) operation and maintenance of infrastructure 

14 and equipment installed as part of a project funded 

15 by the grant. 

16 (c) APPLICATIONS.— 

17 (1) REQUIREMENTS.— 

18 (A) IN GENERAL.—Subject to subpara19 graph (B), not later than 90 days after the date 

20 of enactment of this Act, the Secretary shall 

21 issue requirements for use in applying for 

22 grants under the pilot program. 

23 (B) MINIMUM REQUIREMENTS.—At a min24 imum, the Secretary shall require that an appli25 cation for a grant under this section— 


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1 (i) be submitted by— 

2 (I) the head of a State or local 

3 government or a metropolitan trans4 portation authority, or any combina5 tion of those entities; and 

6 (II) a registered participant in 

7 the Vehicle Technology Deployment 

8 Program of the Department of En9 ergy; and 

10 (ii) include— 

11 (I) a description of the project 

12 proposed in the application, including 

13 the ways in which the project meets 

14 the requirements of this section; 

15 (II) an estimate of the degree of 

16 use of the project, including the esti17 mated size of fleet of vehicles operated 

18 with renewable fuel available within 

19 the geographic region of the corridor; 

20 (III) an estimate of the potential 

21 petroleum displaced as a result of the 

22 project, and a plan to collect and dis23 seminate petroleum displacement and 

24 other relevant data relating to the 


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1 project to be funded under the grant, 

2 over the expected life of the project; 

3 (IV) a description of the means 

4 by which the project will be sustain5 able without Federal assistance after 

6 the completion of the term of the 

7 grant; 

8 (V) a complete description of the 

9 costs of the project, including acquisi10 tion, construction, operation, and 

11 maintenance costs over the expected 

12 life of the project; and 

13 (VI) a description of which costs 

14 of the project will be supported by 

15 Federal assistance under this sub16 section. 

17 (2) PARTNERS.—An applicant under paragraph 

18 (1) may carry out a project under the pilot program 

19 in partnership with public and private entities. 

20 (d) SELECTION CRITERIA.—In evaluating applica21 tions under the pilot program, the Secretary shall— 

22 (1) consider the experience of each applicant 

23 with previous, similar projects; and 

24 (2) give priority consideration to applications 

25 that— 


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1 (A) are most likely to maximize displace2 ment of petroleum consumption; 

3 (B) demonstrate the greatest commitment 

4 on the part of the applicant to ensure funding 

5 for the proposed project and the greatest likeli6 hood that the project will be maintained or ex7 panded after Federal assistance under this sub8 section is completed; 

9 (C) represent a partnership of public and 

10 private entities; and 

11 (D) exceed the minimum requirements of 

12 subsection (c)(1)(B). 

13 (e) PILOT PROJECT REQUIREMENTS.— 

14 (1) MAXIMUM AMOUNT.—The Secretary shall 

15 provide not more than $20,000,000 in Federal as16 sistance under the pilot program to any applicant. 

17 (2) COST SHARING.—The non-Federal share of 

18 the cost of any activity relating to renewable fuel in19 frastructure development carried out using funds 

20 from a grant under this section shall be not less 

21 than 20 percent. 

22 (3) MAXIMUM PERIOD OF GRANTS.—The Sec23 retary shall not provide funds to any applicant under 

24 the pilot program for more than 2 years. 


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1 (4) DEPLOYMENT AND DISTRIBUTION.—The 

2 Secretary shall seek, to the maximum extent prac3 ticable, to ensure a broad geographic distribution of 

4 project sites funded by grants under this section. 

5 (5) TRANSFER OF INFORMATION AND KNOWL6 EDGE.—The Secretary shall establish mechanisms to 

7 ensure that the information and knowledge gained 

8 by participants in the pilot program are transferred 

9 among the pilot program participants and to other 

10 interested parties, including other applicants that 

11 submitted applications. 

12 (f) SCHEDULE.— 

13 (1) INITIAL GRANTS.— 

14 (A) IN GENERAL.—Not later than 90 days 

15 after the date of enactment of this Act, the Sec16 retary shall publish in the Federal Register, 

17 Commerce Business Daily, and such other pub18 lications as the Secretary considers to be appro19 priate, a notice and request for applications to 

20 carry out projects under the pilot program. 

21 (B) DEADLINE.—An application described 

22 in subparagraph (A) shall be submitted to the 

23 Secretary by not later than 180 days after the 

24 date of publication of the notice under that sub25 paragraph. 


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1 (C) INITIAL SELECTION.—Not later than 

2 90 days after the date by which applications for 

3 grants are due under subparagraph (B), the 

4 Secretary shall select by competitive, peer-re5 viewed proposal up to 5 applications for 

6 projects to be awarded a grant under the pilot 

7 program. 

8 (2) ADDITIONAL GRANTS.— 

9 (A) IN GENERAL.—Not later than 2 years 

10 after the date of enactment of this Act, the Sec11 retary shall publish in the Federal Register, 

12 Commerce Business Daily, and such other pub13 lications as the Secretary considers to be appro14 priate, a notice and request for additional appli15 cations to carry out projects under the pilot 

16 program that incorporate the information and 

17 knowledge obtained through the implementation 

18 of the first round of projects authorized under 

19 the pilot program. 

20 (B) DEADLINE.—An application described 

21 in subparagraph (A) shall be submitted to the 

22 Secretary by not later than 180 days after the 

23 date of publication of the notice under that sub24 paragraph. 


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1 (C) INITIAL SELECTION.—Not later than 

2 90 days after the date by which applications for 

3 grants are due under subparagraph (B), the 

4 Secretary shall select by competitive, peer-re5 viewed proposal such additional applications for 

6 projects to be awarded a grant under the pilot 

7 program as the Secretary determines to be ap8 propriate. 

9 (g) REPORTS TO CONGRESS.— 

10 (1) INITIAL REPORT.—Not later than 60 days 

11 after the date on which grants are awarded under 

12 this section, the Secretary shall submit to Congress 

13 a report containing— 

14 (A) an identification of the grant recipients 

15 and a description of the projects to be funded 

16 under the pilot program; 

17 (B) an identification of other applicants 

18 that submitted applications for the pilot pro19 gram but to which funding was not provided; 

20 and 

21 (C) a description of the mechanisms used 

22 by the Secretary to ensure that the information 

23 and knowledge gained by participants in the 

24 pilot program are transferred among the pilot 

25 program participants and to other interested 


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1 parties, including other applicants that sub2 mitted applications. 

3 (2) EVALUATION.—Not later than 2 years after 

4 the date of enactment of this Act, and annually 

5 thereafter until the termination of the pilot program, 

6 the Secretary shall submit to Congress a report con7 taining an evaluation of the effectiveness of the pilot 

8 program, including an assessment of the petroleum 

9 displacement and benefits to the environment de10 rived from the projects included in the pilot pro11 gram. 

12 (h) AUTHORIZATION OF APPROPRIATIONS.—There is 

13 authorized to be appropriated to the Secretary to carry 

14 out this section $200,000,000, to remain available until 

15 expended. 

16 SEC. 202. BIOENERGY RESEARCH AND DEVELOPMENT. 

17 Section 931(c) of the Energy Policy Act of 2005 (42 

18 U.S.C. 16231(c)) is amended— 

19 (1) in paragraph (1), by striking 

20 ‘‘$213,000,000’’ and inserting ‘‘$326,000,000’’; 

21 (2) in paragraph (2), by striking 

22 ‘‘$251,000,000’’ and inserting ‘‘$377,000,000’’; and 

23 (3) in paragraph (3), by striking 

24 ‘‘$274,000,000’’ and inserting ‘‘$398,000,000’’. 


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1 SEC. 203. BIORESEARCH CENTERS FOR SYSTEMS BIOLOGY 

2 PROGRAM. 

3 Section 977(a)(1) of the Energy Policy Act of 2005 

4 (42 U.S.C. 16317(a)(1)) is amended by inserting before 

5 the period at the end the following: ‘‘, including the estab6 lishment of at least 7 bioresearch centers that focus on 

7 biofuels, of which at least 1 center shall be located in each 

8 of the 4 Petroleum Administration for Defense Districts 

9 with no subdistricts and 1 center shall be located in each 

10 of the subdistricts of the Petroleum Administration for 

11 Defense District with subdistricts’’. 

12 SEC. 204. LOAN GUARANTEES FOR RENEWABLE FUEL FA13 CILITIES. 

14 (a) IN GENERAL.—Section 1703 of the Energy Policy 

15 Act of 2005 (42 U.S.C. 16513) is amended by adding at 

16 the end the following: 

17 ‘‘(f) RENEWABLE FUEL FACILITIES.— 

18 ‘‘(1) IN GENERAL.—The Secretary may make 

19 guarantees under this title for projects that produce 

20 advanced biofuel (as defined in section 2 of the 

21 Biofuels for Energy Security and Transportation 

22 Act of 2007). 

23 ‘‘(2) REQUIREMENTS.—A project under this 

24 subsection shall employ new or significantly im25 proved technologies for the production of renewable 

26 fuels as compared to commercial technologies in 


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1 service in the United States at the time that the 

2 guarantee is issued. 

3 ‘‘(3) ISSUANCE OF FIRST LOAN GUARANTEES.— 

4 The requirement of section 20320(b) of division B 

5 of the Continuing Appropriations Resolution, 2007 

6 (Public Law 109–289, Public Law 110–5), relating 

7 to the issuance of final regulations, shall not apply 

8 to the first 6 guarantees issued under this sub9 section. 

10 ‘‘(4) PROJECT DESIGN.—A project for which a 

11 guarantee is made under this subsection shall have 

12 a project design that has been validated through the 

13 operation of a continuous process pilot facility with 

14 an annual output of at least 50,000 gallons of eth15 anol. 

16 ‘‘(5) MAXIMUM GUARANTEED PRINCIPAL.—The 

17 total principal amount of a loan guaranteed under 

18 this subsection may not exceed $250,000,000 for a 

19 single facility. 

20 ‘‘(6) AMOUNT OF GUARANTEE.—The Secretary 

21 shall guarantee 100 percent of the principal and in22 terest due on 1 or more loans made for a facility 

23 that is the subject of the guarantee under paragraph 

24 (3). 


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1 ‘‘(7) DEADLINE.—The Secretary shall approve 

2 or disapprove an application for a guarantee under 

3 this subsection not later than 90 days after the date 

4 of receipt of the application. 

5 ‘‘(8) REPORT.—Not later than 30 days after 

6 approving or disapproving an application under 

7 paragraph (7), the Secretary shall submit to Con8 gress a report on the approval or disapproval (in9 cluding the reasons for the action).’’. 

10 (b) IMPROVEMENTS TO UNDERLYING LOAN GUAR11 ANTEE AUTHORITY.— 

12 (1) DEFINITION OF COMMERCIAL TECH13 NOLOGY.—Section 1701(1) of the Energy Policy Act 

14 of 2005 (42 U.S.C. 16511(1)) is amended by strik15 ing subparagraph (B) and inserting the following: 

16 ‘‘(B) EXCLUSION.—The term ‘commercial 

17 technology’ does not include a technology if the 

18 sole use of the technology is in connection 

19 with— 

20 ‘‘(i) a demonstration plant; or 

21 ‘‘(ii) a project for which the Secretary 

22 approved a loan guarantee.’’. 

23 (2) SPECIFIC APPROPRIATION OR CONTRIBU24 TION.—Section 1702 of the Energy Policy Act of 


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1 2005 (42 U.S.C. 16512) is amended by striking sub2 section (b) and inserting the following: 

3 ‘‘(b) SPECIFIC APPROPRIATION OR CONTRIBU4 TION.— 

5 ‘‘(1) IN GENERAL.—No guarantee shall be 

6 made unless— 

7 ‘‘(A) an appropriation for the cost has 

8 been made; or 

9 ‘‘(B) the Secretary has received from the 

10 borrower a payment in full for the cost of the 

11 obligation and deposited the payment into the 

12 Treasury. 

13 ‘‘(2) LIMITATION.—The source of payments re14 ceived from a borrower under paragraph (1)(B) shall 

15 not be a loan or other debt obligation that is made 

16 or guaranteed by the Federal Government. 

17 ‘‘(3) RELATION TO OTHER LAWS.—Section 

18 504(b) of the Federal Credit Reform Act of 1990 (2 

19 U.S.C. 661c(b)) shall not apply to a loan or loan 

20 guarantee made in accordance with paragraph 

21 (1)(B).’’. 

22 (3) AMOUNT.—Section 1702 of the Energy Pol23 icy Act of 2005 (42 U.S.C. 16512) is amended by 

24 striking subsection (c) and inserting the following: 

25 ‘‘(c) AMOUNT.— 


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1 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

2 the Secretary shall guarantee up to 100 percent of 

3 the principal and interest due on 1 or more loans for 

4 a facility that are the subject of the guarantee. 

5 ‘‘(2) LIMITATION.—The total amount of loans 

6 guaranteed for a facility by the Secretary shall not 

7 exceed 80 percent of the total cost of the facility, as 

8 estimated at the time at which the guarantee is 

9 issued.’’. 

10 (4) SUBROGATION.—Section 1702(g)(2) of the 

11 Energy Policy Act of 2005 (42 U.S.C. 16512(g)(2)) 

12 is amended— 

13 (A) by striking subparagraph (B); and 

14 (B) by redesignating subparagraph (C) as 

15 subparagraph (B). 

16 SEC. 205. GRANTS FOR RENEWABLE FUEL PRODUCTION RE17 SEARCH AND DEVELOPMENT IN CERTAIN 

18 STATES. 

19 (a) IN GENERAL.—The Secretary shall provide 

20 grants to eligible entities to conduct research into, and de21 velop and implement, renewable fuel production tech22 nologies in States with low rates of ethanol production, 

23 including low rates of production of cellulosic biomass eth24 anol. 


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1 (b) ELIGIBILITY.—To be eligible to receive a grant 

2 under the section, an entity shall— 

3 (1)(A) be an institution of higher education (as 

4 defined in section 2 of the Energy Policy Act of 

5 2005 (42 U.S.C. 15801)) located in a State de6 scribed in subsection (a); or 

7 (B) be a consortium of such institutions of 

8 higher education, industry, State agencies, or local 

9 government agencies located in the State; and 

10 (2) have proven experience and capabilities with 

11 relevant technologies. 

12 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

13 authorized to be appropriated to carry out this section 

14 $25,000,000 for each of fiscal years 2008 through 2010. 

15 SEC. 206. GRANTS FOR INFRASTRUCTURE FOR TRANSPOR16 TATION OF BIOMASS TO LOCAL BIOREFIN17 ERIES. 

18 (a) IN GENERAL.—The Secretary shall conduct a 

19 program under which the Secretary shall provide grants 

20 to local governments and other eligible entities (as deter21 mined by the Secretary) (referred to in this section as ‘‘eli22 gible entities’’) to promote the development of infrastruc23 ture to support the transportation of biomass to local bio24 refineries, including by portable processing equipment. 


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1 (b) PHASES.—The Secretary shall conduct the pro2 gram in the following phases: 

3 (1) DEVELOPMENT.—In the first phase of the 

4 program, the Secretary shall make grants to eligible 

5 entities to assist the eligible entities in the develop6 ment of local projects to promote the development of 

7 infrastructure to support the transportation of bio8 mass to local biorefineries, including by portable 

9 processing equipment. 

10 (2) IMPLEMENTATION.—In the second phase of 

11 the program, the Secretary shall make competitive 

12 grants to eligible entities to implement projects de13 veloped under paragraph (1). 

14 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

15 are authorized to be appropriated such sums as are nec16 essary to carry out this section. 

17 SEC. 207. BIOREFINERY INFORMATION CENTER. 

18 (a) IN GENERAL.—The Secretary, in cooperation 

19 with the Secretary of Agriculture, shall establish a bio20 refinery information center to make available to interested 

21 parties information on— 

22 (1) renewable fuel resources, including informa23 tion on programs and incentives for renewable fuels; 

24 (2) renewable fuel producers; 

25 (3) renewable fuel users; and 


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1 (4) potential renewable fuel users. 

2 (b) ADMINISTRATION.—In administering the bio3 refinery information center, the Secretary shall— 

4 (1) continually update information provided by 

5 the center; 

6 (2) make information available to interested 

7 parties on the process for establishing a biorefinery; 

8 and 

9 (3) make information and assistance provided 

10 by the center available through a toll-free telephone 

11 number and website. 

12 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

13 are authorized to be appropriated such sums as are nec14 essary to carry out this section. 

15 SEC. 208. CONVERSION ASSISTANCE FOR CELLULOSIC BIO16 MASS, WASTE-DERIVED ETHANOL, APPROVED 

17 RENEWABLE FUELS. 

18 (a) DEFINITIONS.—In this section: 

19 (1) APPROVED RENEWABLE FUEL.—The term 

20 ‘‘approved renewable fuels’’ means an alternative or 

21 replacement fuel that— 

22 (A) has been approved under title III of 

23 the Energy Policy Act of 1992 (42 U.S.C. 

24 13211 et seq.); and 

25 (B) is made from renewable biomass. 


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1 (2) PRODUCER.—The term ‘‘producer’’ 

2 means— 

3 (A) a merchant producer; 

4 (B) a farm or dairy cooperative; or 

5 (C) an association of agricultural pro6 ducers. 

7 (3) WASTE-DERIVED ETHANOL.—The term 

8 ‘‘waste-derived ethanol’’ means ethanol derived 

9 from— 

10 (A) animal waste (including poultry fat 

11 and poultry waste) and other waste material; or 

12 (B) municipal solid waste. 

13 (b) CONVERSION ASSISTANCE.—The Secretary may 

14 provide grants to producers of cellulosic biomass ethanol, 

15 waste-derived ethanol, and approved renewable fuels in the 

16 United States to assist the producers in building eligible 

17 production facilities described in subsection (c) for the 

18 production of ethanol or approved renewable fuels. 

19 (c) ELIGIBLE PRODUCTION FACILITIES.—A produc20 tion facility shall be eligible to receive a grant under this 

21 section if the production facility— 

22 (1) is located in the United States; and 

23 (2) uses renewable biomass. 


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1 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated to carry out this sec3 tion— 

4 (1) $400,000,000 for fiscal year 2008; 

5 (2) $500,000,000 for fiscal year 2009; and 

6 (3) $600,000,000 for fiscal year 2010. 

7 SEC. 209. ALTERNATIVE FUEL DATABASE AND MATERIALS. 

8 The Secretary and the Director of the National Insti9 tute of Standards and Technology shall jointly establish 

10 and make available to the public— 

11 (1) a database that describes the physical prop12 erties of different types of alternative fuel; and 

13 (2) standard reference materials for different 

14 types of alternative fuel. 

15 SEC. 210. FUEL TANK CAP LABELING REQUIREMENT. 

16 Section 406(a) of the Energy Policy Act of 1992 (42 

17 U.S.C. 13232(a)) is amended— 

18 (1) by striking ‘‘The Federal Trade Commis19 sion’’ and inserting the following: 

20 ‘‘(1) IN GENERAL.—The Federal Trade Com21 mission’’; and 

22 (2) by adding at the end the following: 

23 ‘‘(2) FUEL TANK CAP LABELING REQUIRE24 MENT.—Beginning with model year 2010, the fuel 

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1 tured for sale in the United States shall be clearly 

2 labeled to inform consumers that such vehicle can 

3 operate on alternative fuel.’’. 

4 TITLE III—STUDIES 

5 SEC. 301. STUDY OF ADVANCED BIOFUELS TECHNOLOGIES. 

6 (a) IN GENERAL.—Not later than October 1, 2012, 

7 the Secretary shall offer to enter into a contract with the 

8 National Academy of Sciences under which the Academy 

9 shall conduct a study of technologies relating to the pro10 duction, transportation, and distribution of advanced 

11 biofuels. 

12 (b) SCOPE.—In conducting the study, the Academy 

13 shall— 

14 (1) include an assessment of the maturity of 

15 advanced biofuels technologies; 

16 (2) consider whether the rate of development of 

17 those technologies will be sufficient to meet the ad18 vanced biofuel standards required under section 101; 

19 (3) consider the effectiveness of the research 

20 and development programs and activities of the De21 partment of Energy relating to advanced biofuel 

22 technologies; and 

23 (4) make policy recommendations to accelerate 

24 the development of those technologies to commercial 

25 viability, as appropriate. 


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1 (c) REPORT.—Not later than November 30, 2014, 

2 the Secretary shall submit to the Committee on Energy 

3 and Natural Resources of the Senate and the Committee 

4 on Energy and Commerce of the House of Representatives 

5 a report describing the results of the study conducted 

6 under this section. 

7 SEC. 302. STUDY OF INCREASED CONSUMPTION OF ETH8 ANOL-BLENDED GASOLINE WITH HIGHER 

9 LEVELS OF ETHANOL. 

10 (a) IN GENERAL.—The Secretary (in cooperation 

11 with the Secretary of Agriculture, the Administrator of the 

12 Environmental Protection Agency, and the Secretary of 

13 Transportation) shall conduct a study of the feasibility of 

14 increasing consumption in the United States of ethanol15 blended gasoline with levels of ethanol that are not less 

16 than 10 percent and not more than 25 percent, including 

17 a study of production and infrastructure constraints on 

18 increasing the consumption. 

19 (b) REPORT.—Not later than 1 year after the date 

20 of enactment of this Act, the Secretary shall submit to 

21 Congress a report describing the results of the study con22 ducted under this section. 

23 SEC. 303. PIPELINE FEASIBILITY STUDY. 

24 (a) IN GENERAL.—The Secretary, in coordination 

25 with the Secretary of Agriculture and the Secretary of 


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1 Transportation, shall conduct a study of the feasibility of 

2 the construction of dedicated ethanol pipelines. 

3 (b) FACTORS.—In conducting the study, the Sec4 retary shall consider— 

5 (1) the quantity of ethanol production that 

6 would make dedicated pipelines economically viable; 

7 (2) existing or potential barriers to dedicated 

8 ethanol pipelines, including technical, siting, financ9 ing, and regulatory barriers; 

10 (3) market risk (including throughput risk) and 

11 means of mitigating the risk; 

12 (4) regulatory, financing, and siting options 

13 that would mitigate risk in those areas and help en14 sure the construction of 1 or more dedicated ethanol 

15 pipelines; 

16 (5) financial incentives that may be necessary 

17 for the construction of dedicated ethanol pipelines, 

18 including the return on equity that sponsors of the 

19 initial dedicated ethanol pipelines will require to in20 vest in the pipelines; 

21 (6) technical factors that may compromise the 

22 safe transportation of ethanol in pipelines, identi23 fying remedial and preventative measures to ensure 

24 pipeline integrity; and 


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1 (7) such other factors as the Secretary con2 siders appropriate. 

3 (c) REPORT.—Not later than 15 months after the 

4 date of enactment of this Act, the Secretary shall submit 

5 to Congress a report describing the results of the study 

6 conducted under this section. 

7 SEC. 304. STUDY OF OPTIMIZATION OF ALTERNATIVE 

8 FUELED VEHICLES TO USE E–85 FUEL. 

9 (a) IN GENERAL.—The Secretary shall conduct a 

10 study of methods of increasing the fuel efficiency of alter11 native fueled vehicles by optimizing alternative fueled vehi12 cles to operate using E–85 fuel. 

13 (b) REPORT.—Not later than 180 days after the date 

14 of enactment of this Act, the Secretary shall submit to 

15 the Committee on Energy and Natural Resources of the 

16 Senate and the Committee on Natural Resources of the 

17 House of Representatives a report that describes the re18 sults of the study, including any recommendations of the 

19 Secretary. 

20 SEC. 305. STUDY OF CREDITS FOR USE OF RENEWABLE 

21 ELECTRICITY IN ELECTRIC VEHICLES. 

22 (a) DEFINITION OF ELECTRIC VEHICLE.—In this 

23 section, the term ‘‘electric vehicle’’ means an electric 

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1 icy Act of 1992 (42 U.S.C. 13271)) for which the re2 chargeable storage battery— 

3 (1) receives a charge directly from a source of 

4 electric current that is external to the vehicle; and 

5 (2) provides a minimum of 80 percent of the 

6 motive power of the vehicle. 

7 (b) STUDY.—The Secretary shall conduct a study on 

8 the feasibility of issuing credits under the program estab9 lished under section 101(d) to electric vehicles powered by 

10 electricity produced from renewable energy sources. 

11 (c) REPORT.—Not later than 18 months after the 

12 date of enactment of this Act, the Secretary shall submit 

13 to the Committee on Energy and Natural Resources of 

14 the Senate and the Committee on Energy and Commerce 

15 of the House of Representatives a report that describes 

16 the results of the study, including a description of— 

17 (1) existing programs and studies on the use of 

18 renewable electricity as a means of powering electric 

19 vehicles; and 

20 (2) alternatives for— 

21 (A) designing a pilot program to determine 

22 the feasibility of using renewable electricity to 

23 power electric vehicles as an adjunct to a re24 newable fuels mandate; 


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1 (B) allowing the use, under the pilot pro2 gram designed under subparagraph (A), of elec3 tricity generated from nuclear energy as an ad4 ditional source of supply; 

5 (C) identifying the source of electricity 

6 used to power electric vehicles; and 

7 (D) equating specific quantities of elec8 tricity to quantities of renewable fuel under sec9 tion 101(d). 

Æ 


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