II 

115TH CONGRESS 

1ST SESSION S. 1776 

To amend the Farm Security and Rural Investment Act of 2002 to 

reauthorize energy programs through fiscal year 2023, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 7, 2017 

Mr. FRANKEN (for himself, Mr. DURBIN, and Ms. BALDWIN) introduced the 

following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry 

A BILL 

To amend the Farm Security and Rural Investment Act 

of 2002 to reauthorize energy programs through fiscal 

year 2023, 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. 

4 This Act may be cited as the ‘‘Agricultural Energy 

5 Programs Reauthorization Act of 2017’’. 

6 SEC. 2. BIOBASED MARKETS PROGRAM. 

7 Section 9002 of the Farm Security and Rural Invest8 ment Act of 2002 (7 U.S.C. 8102) is amended— 

9 (1) in subsection (b)— 


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1 (A) in paragraph (1), by inserting ‘‘or re2 newable chemicals’’ after ‘‘biobased products’’; 

3 (B) in paragraph (2)(B)— 

4 (i) in clause (i), by inserting ‘‘or re5 newable chemical’’ after ‘‘biobased’’; and 

6 (ii) in clause (ii), by inserting ‘‘or re7 newable chemical’’ after ‘‘portions of 

8 biobased’’; and 

9 (C) by adding at the end the following: 

10 ‘‘(5) EDUCATION AND OUTREACH.—The Sec11 retary, in consultation with the Administrator, shall 

12 provide to appropriate stakeholders education and 

13 outreach relating to the voluntary labeling program 

14 under this subsection.’’; 

15 (2) in subsection (f), by striking the subsection 

16 designation and all that follows through ‘‘The Sec17 retary’’ and inserting the following: 

18 ‘‘(f) MANUFACTURERS OF RENEWABLE CHEMICALS

19 AND BIOBASED PRODUCTS.— 

20 ‘‘(1) NAICS CODES.—The Secretary and the 

21 Secretary of Commerce shall jointly develop North 

22 American Industry Classification System codes for— 

23 ‘‘(A) renewable chemicals manufacturers; 

24 and 

25 ‘‘(B) biobased products manufacturers. 


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1 ‘‘(2) NATIONAL TESTING CENTER REGISTRY.— 

2 The Secretary’’; 

3 (3) in subsection (h)(2)— 

4 (A) in subparagraph (B)(ii), by striking 

5 ‘‘and’’ at the end; 

6 (B) in subparagraph (C), by striking the 

7 period at the end and inserting ‘‘; and’’; and 

8 (C) by adding at the end the following: 

9 ‘‘(D) a description of the quantity of 

10 biobased products procured under subsection 

11 (a) during the previous year.’’; 

12 (4) in subsection (i)— 

13 (A) in paragraph (1), by striking 

14 ‘‘$3,000,000 for each of fiscal years 2014 

15 through 2018’’ and inserting ‘‘$6,000,000 for 

16 each of fiscal years 2019 through 2023’’; and 

17 (B) in paragraph (2), by striking ‘‘2018’’ 

18 and inserting ‘‘2023’’; and 

19 (5) in subsection (j), by striking ‘‘includes, 

20 with’’ and inserting the following: ‘‘includes— 

21 ‘‘(1) products produced from biologically cap22 tured and reused carbon; and 

23 ‘‘(2) with’’. 


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1 SEC. 3. BIOREFINERY, RENEWABLE CHEMICAL, AND 

2 BIOBASED PRODUCT MANUFACTURING AS3 SISTANCE. 

4 Section 9003 of the Farm Security and Rural Invest5 ment Act of 2002 (7 U.S.C. 8103) is amended— 

6 (1) in subsection (b)(3)— 

7 (A) in subparagraph (A), by striking 

8 ‘‘and’’ at the end and inserting ‘‘or’’; and 

9 (B) in subparagraph (B)— 

10 (i) by inserting ‘‘renewable chemical 

11 or biobased product’’ before ‘‘technology’’; 

12 and 

13 (ii) by striking ‘‘biorefinery that pro14 duces an advanced biofuel.’’ and inserting 

15 ‘‘biorefinery.’’; and 

16 (2) in subsection (g)— 

17 (A) by striking paragraph (1) and insert18 ing the following: 

19 ‘‘(1) MANDATORY FUNDING.—Of the funds of 

20 the Commodity Credit Corporation, the Secretary 

21 shall use for the cost of loan guarantees under this 

22 section, to remain available until expended, 

23 $75,000,000 for each of fiscal years 2019 through 

24 2023.’’; and 

25 (B) in paragraph (2), by striking ‘‘2018’’ 

26 and inserting ‘‘2023’’. 


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1 SEC. 4. BIOENERGY PROGRAM FOR ADVANCED BIOFUELS. 

2 Section 9005(g) of the Farm Security and Rural In3 vestment Act of 2002 (7 U.S.C. 8105(g)) is amended— 

4 (1) in paragraph (1), by striking ‘‘expended— 

5 ’’ and all that follows through the period at the end 

6 and inserting ‘‘expended, $5,000,000 for each of fis7 cal years 2018 through 2023.’’; and 

8 (2) in paragraph (2), by striking ‘‘2018’’ and 

9 inserting ‘‘2023’’. 

10 SEC. 5. RURAL ENERGY FOR AMERICA PROGRAM. 

11 (a) DEFINITION OF RENEWABLE ENERGY SYS12 TEM.—Section 9001(16) of the Farm Security and Rural 

13 Investment Act of 2002 (7 U.S.C. 8101(16)) is amend14 ed— 

15 (1) by redesignating subparagraph (B) as sub16 paragraph (C); and 

17 (2) in subparagraph (A), by striking ‘‘that—’’ 

18 and all that follows through the period at the end 

19 of clause (ii) and inserting the following: ‘‘that pro20 duces usable energy from a renewable energy source. 

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

22 energy system’ includes— 

23 ‘‘(i) distribution components necessary 

24 to move energy produced by a renewable 

25 energy system to the initial point of sale; 

26 and 


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1 ‘‘(ii) other components and ancillary 

2 infrastructure of a renewable energy sys3 tem, such as a storage system.’’. 

4 (b) FUNDING.—Section 9007(g) of the Farm Secu5 rity and Rural Investment Act of 2002 (7 U.S.C. 8107(g)) 

6 is amended— 

7 (1) in paragraph (1), by striking ‘‘expended— 

8 ’’ and all that follows through the period at the end 

9 and inserting ‘‘expended, $150,000,000 for each of 

10 fiscal years 2018 through 2023.’’; 

11 (2) in paragraph (3), by striking ‘‘$20,000,000 

12 for each of fiscal years 2014 through 2018’’ and in13 serting ‘‘$50,000,000 for each of fiscal years 2018 

14 through 2023’’; and 

15 (3) by adding at the end the following: 

16 ‘‘(4) ALLOCATION OF FUNDING.—For each fis17 cal year, not more than 30 percent of amounts made 

18 available to carry out this section may be used for— 

19 ‘‘(A) any 1 form of renewable energy de20 scribed in subparagraphs (A) and (B) of section 

21 9001(15); or 

22 ‘‘(B) technologies to improve the efficiency 

23 of energy usage.’’. 


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1 SEC. 6. BIOMASS RESEARCH AND DEVELOPMENT. 

2 Section 9008(h) of the Farm Security and Rural In3 vestment Act of 2002 (7 U.S.C. 8108(h)) is amended— 

4 (1) in paragraph (1), by striking ‘‘expended— 

5 ’’ and all that follows through the period at the end 

6 and inserting ‘‘expended, $20,000,000 for each of 

7 fiscal years 2019 through 2023.’’; and 

8 (2) in paragraph (2), by striking ‘‘2018’’ and 

9 inserting ‘‘2023’’. 

10 SEC. 7. FEEDSTOCK FLEXIBILITY PROGRAM FOR BIO11 ENERGY PRODUCERS. 

12 Section 9010(b) of the Farm Security and Rural In13 vestment Act of 2002 (7 U.S.C. 8110(b)) is amended— 

14 (1) in paragraph (1)(A), by striking ‘‘2018’’ 

15 and inserting ‘‘2023’’; and 

16 (2) in paragraph (2)(A), by striking ‘‘2018’’ 

17 and inserting ‘‘2023’’. 

18 SEC. 8. BIOFUELS AND BIOBASED PRODUCT FEEDSTOCK 

19 AND WILDLAND FIRE PROTECTION PRO20 GRAM. 

21 Section 9011 of the Farm Security and Rural Invest22 ment Act of 2002 (7 U.S.C. 8111) is amended— 

23 (1) by striking the section heading and insert24 ing ‘‘BIOFUELS AND BIOBASED PRODUCT FEED25 STOCK AND WILDLAND FIRE PROTECTION PRO26 GRAM.’’; 


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1 (2) in subsection (a)— 

2 (A) by striking paragraph (1); 

3 (B) by redesignating paragraphs (2) and 

4 (3) through (7) as paragraphs (7) and (1) 

5 through (5), respectively, and moving the para6 graphs so as to appear in numerical order; 

7 (C) in paragraph (1) (as so redesignated), 

8 by striking ‘‘BCAP’’ and inserting ‘‘program’’; 

9 (D) in paragraph (4) (as so redesig10 nated)— 

11 (i) in subparagraph (B)— 

12 (I) in clause (ii)(II), by striking 

13 ‘‘and’’ at the end; 

14 (II) in clause (iii), by striking the 

15 period at the end and inserting a 

16 semicolon; and 

17 (III) by adding at the end the 

18 following: 

19 ‘‘(iv) algae; and 

20 ‘‘(v) animal waste and byproducts, in21 cluding fat, oil, grease, and manure.’’; and 

22 (ii) in subparagraph (C)— 

23 (I) by striking clauses (ii) and 

24 (iv); and 


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1 (II) by redesignating clauses (iii), 

2 (v), (vi), and (vii) as clauses (ii), (iii), 

3 (iv), and (v), respectively; 

4 (E) in paragraph (5) (as so redesignated), 

5 by striking ‘‘BCAP’’; 

6 (F) by inserting after paragraph (5) (as so 

7 redesignated) the following: 

8 ‘‘(6) PROGRAM.—The term ‘program’ means 

9 the Biofuels and Biobased Product Feedstock and 

10 Wildland Fire Protection Program established under 

11 this section.’’; and 

12 (G) in paragraph (7) (as so redesig13 nated)— 

14 (i) by striking the paragraph heading 

15 and inserting ‘‘PROJECT AREA.—’’; and 

16 (ii) in the matter preceding subpara17 graph (A), by striking ‘‘BCAP’’; 

18 (3) in subsection (b)— 

19 (A) in the matter preceding paragraph (1), 

20 by striking ‘‘Biomass Crop Assistance Pro21 gram’’ and inserting ‘‘Biofuels and Biobased 

22 Product Feedstock and Wildland Fire Protec23 tion Program’’; 

24 (B) in paragraph (1), by striking ‘‘BCAP’’; 

25 and 


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1 (C) in paragraph (2), by inserting ‘‘, in2 cluding eligible material harvested for the pur3 pose of hazardous woody fuel reduction’’ before 

4 the period at the end; 

5 (4) in subsection (c)— 

6 (A) by striking the subsection heading and 

7 inserting ‘‘PROJECT AREAS.—’’; 

8 (B) by striking ‘‘BCAP’’ each place it ap9 pears; 

10 (C) in paragraph (2)(B)— 

11 (i) in the subparagraph heading, by 

12 striking ‘‘BCAP PROJECT’’ and inserting 

13 ‘‘PROJECT’’; and 

14 (ii) in clause (i) (as amended by sub15 paragraph (B)), by inserting ‘‘program’’ 

16 before the semicolon at the end; 

17 (D) in paragraph (4) (as amended by sub18 paragraph (B)), by inserting ‘‘program’’ before 

19 ‘‘contract’’; and 

20 (E) in paragraph (5)(D) (as amended by 

21 subparagraph (B)), by inserting ‘‘program’’ be22 fore ‘‘payments on land’’; 

23 (5) in subsection (d)— 

24 (A) in paragraph (1)(A), by striking 

25 ‘‘BCAP’’ and inserting ‘‘program’’; 


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1 (B) in paragraph (2)(B), by striking 

2 ‘‘paragraph (3)’’ and inserting ‘‘paragraph 

3 (5)’’; 

4 (C) by redesignating paragraph (3) as 

5 paragraph (5); 

6 (D) by inserting after paragraph (2) the 

7 following: 

8 ‘‘(3) HAZARDOUS WOODY FUEL REDUCTION.— 

9 ‘‘(A) IN GENERAL.—In accordance with 

10 regulations issued by the Secretary to carry out 

11 this paragraph, the Secretary may use amounts 

12 made available under subsection (f)(1)(A) to 

13 provide to a project sponsor that submits to the 

14 Secretary an application in accordance with 

15 those regulations a payment under this sub16 section for the transportation costs of a project 

17 that removes eligible material for the purpose of 

18 hazardous woody fuel reduction, as determined 

19 by the Secretary. 

20 ‘‘(B) CONSIDERATIONS.—In determining 

21 which projects to provide payments under sub22 paragraph (A), the Secretary shall consider— 

23 ‘‘(i) only projects that, as determined 

24 by the Secretary, in consultation with the 

25 Forest Service Fire Modeling Institute, are 


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1 located in wildland areas that are the 

2 most— 

3 ‘‘(I) at risk from wildfire; or 

4 ‘‘(II) in need of restoration; and 

5 ‘‘(ii) which projects will provide— 

6 ‘‘(I) the greatest benefit to the 

7 protection of human life and struc8 tures in the wildland-urban interface; 

9 and 

10 ‘‘(II) the greatest protection of 

11 municipal water supplies. 

12 ‘‘(4) LIMITATION ON COLLECTION OF BIOMASS

13 FOR ENVIRONMENTAL BENEFIT.—As a condition on 

14 the receipt of a payment under this subsection, a 

15 producer or person described in subparagraph (A) or 

16 (B) of paragraph (1), respectively, shall leave uncol17 lected and unharvested not less than 30 percent, as 

18 determined appropriate by the Secretary, of the 

19 woody eligible material.’’; and 

20 (E) in paragraph (5) (as redesignated by 

21 subparagraph (C))— 

22 (i) in the paragraph heading, by strik23 ing ‘‘BCAP’’ and inserting ‘‘PROGRAM’’; and 

24 (ii) by striking ‘‘BCAP’’ and inserting 

25 ‘‘program’’; and 


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1 (6) in subsection (f)— 

2 (A) in paragraph (1), by striking ‘‘Of the 

3 funds’’ and all that follows through the period 

4 at the end and inserting the following: 

5 ‘‘(A) MANDATORY FUNDING.—Of the 

6 funds of the Commodity Credit Corporation, the 

7 Secretary shall use to carry out this section 

8 $70,000,000 for each of fiscal years 2019 

9 through 2023. 

10 ‘‘(B) DISCRETIONARY FUNDING.—There is 

11 authorized to be appropriated to the Secretary 

12 to carry out this section $20,000,000 for each 

13 of fiscal years 2019 through 2023.’’; and 

14 (B) in paragraph (2), by striking ‘‘the Sec15 retary shall use not less than 10 percent, nor 

16 more than 50 percent, of the amount’’ and in17 serting the following: ‘‘the Secretary shall use— 

18 ‘‘(A) not less than $50,000,000 to make 

19 transportation payments for hazardous woody 

20 fuel reduction projects under subsection (d)(3); 

21 and 

22 ‘‘(B) not less than 10 percent, and not 

23 greater than 50 percent, of the remaining 

24 amount’’. 


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1 SEC. 9. COMMUNITY WOOD ENERGY PROGRAM. 

2 Section 9013(e) of the Farm Security and Rural In3 vestment Act of 2002 (7 U.S.C. 8113(e)) is amended by 

4 striking ‘‘2018’’ and inserting ‘‘2023’’. 

5 SEC. 10. EFFECTIVE DATE. 

6 The amendments made by this Act take effect on Oc7 tober 1, 2018. 

Æ 


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