II 

117TH CONGRESS 

1ST SESSION S. 227 

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

grants for deployment of renewable fuel infrastructure, to finalize proposed rules relating to requirements for E15 fuel dispenser labeling 

and underground storage tank compatibility, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 4, 2021 

Ms. KLOBUCHAR (for herself and Ms. ERNST) introduced the following bill; 

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

A BILL 

To amend the Farm Security and Rural Investment Act 

of 2002 to provide grants for deployment of renewable 

fuel infrastructure, to finalize proposed rules relating 

to requirements for E15 fuel dispenser labeling and underground storage tank compatibility, 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 ‘‘Renewable Fuel Infra5 structure Investment and Market Expansion Act of 

6 2021’’. 


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1 SEC. 2. GRANTS FOR DEPLOYMENT OF RENEWABLE FUEL 

2 INFRASTRUCTURE. 

3 Title IX of the Farm Security and Rural Investment 

4 Act of 2002 (7 U.S.C. 8101 et seq.) is amended by adding 

5 at the end the following: 

6 ‘‘SEC. 9015. RENEWABLE FUEL INFRASTRUCTURE GRANT 

7 PROGRAM. 

8 ‘‘(a) DEFINITION OF ELIGIBLE ENTITY.—In this sec9 tion, the term ‘eligible entity’ means— 

10 ‘‘(1) a State or unit of local government; 

11 ‘‘(2) a Tribal government; 

12 ‘‘(3) an authority, agency, partnership, or in13 strumentality of an entity described in paragraph 

14 (1) or (2); and 

15 ‘‘(4) a group of entities described in paragraphs 

16 (1) through (3). 

17 ‘‘(b) ESTABLISHMENT.—Not later than 1 year after 

18 the date of enactment of this section, the Secretary shall 

19 establish a grant program to award grants to eligible enti20 ties to carry out the activities described in subsection (e). 

21 ‘‘(c) APPLICATIONS.—An eligible entity desiring a 

22 grant under this section shall submit to the Secretary an 

23 application at such time, in such manner, and containing 

24 such information as the Secretary may require. 

25 ‘‘(d) ELIGIBILITY CRITERIA.—In selecting an eligible 

26 entity to receive a grant under this section, the Secretary 


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1 shall consider the extent to which the application of the 

2 eligible entity proposes— 

3 ‘‘(1) to convert existing pump infrastructure to 

4 deliver ethanol blends with greater than 10 percent 

5 ethanol; 

6 ‘‘(2) to diversify the geographic area selling eth7 anol blends with greater than 10 percent ethanol; 

8 ‘‘(3) to support existing or emerging biodiesel, 

9 bioheat, and sustainable aviation fuel markets that 

10 have existing incentives; 

11 ‘‘(4) to increase the use of existing fuel delivery 

12 infrastructure; 

13 ‘‘(5) to enable or accelerate the deployment of 

14 renewable fuel infrastructure that would be unlikely 

15 to be completed without Federal assistance; and 

16 ‘‘(6) to build and retrofit traditional and pipe17 line biodiesel terminal operations (including rail 

18 lines) and home heating oil distribution centers or 

19 equivalent entities— 

20 ‘‘(A) to blend biodiesel; and 

21 ‘‘(B) to carry ethanol and biodiesel. 

22 ‘‘(e) ELIGIBLE USE.—An eligible entity that receives 

23 a grant under this section may use the grant funds— 


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1 ‘‘(1) to distribute to private or public entities 

2 for costs related to incentivizing deployment of re3 newable fuel infrastructure; 

4 ‘‘(2) to convert existing pump infrastructure to 

5 deliver ethanol blends greater than 10 percent and 

6 biodiesel blends greater than 20 percent; 

7 ‘‘(3) to install fuel pumps and related infra8 structure dedicated to the distribution of higher eth9 anol blends (including E15 and E85) and higher 

10 biodiesel blends up to B100 at fueling locations, in11 cluding— 

12 ‘‘(A) local fueling stations; 

13 ‘‘(B) convenience stores; 

14 ‘‘(C) hypermarket fueling stations; and 

15 ‘‘(D) fleet facilities or similar entities; and 

16 ‘‘(4) to build and retrofit traditional and pipe17 line biodiesel terminal operations (including rail 

18 lines) and home heating oil distribution centers or 

19 equivalent entities— 

20 ‘‘(A) to blend biodiesel; and 

21 ‘‘(B) to carry ethanol and biodiesel. 

22 ‘‘(f) CERTIFICATION REQUIREMENT.—Any infra23 structure used or installed with grant funds provided 

24 under this section shall be certified by the Underwriters 


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1 Laboratory as infrastructure that distributes blends with 

2 an ethanol content of 25 percent or greater. 

3 ‘‘(g) FUNDING.— 

4 ‘‘(1) FEDERAL SHARE.—The Federal share of 

5 the total cost of carrying out a project awarded a 

6 grant under this section shall not exceed 75 percent. 

7 ‘‘(2) MAXIMUM PERCENTAGE FOR CERTAIN AC8 TIVITIES.—An eligible entity receiving a grant under 

9 this section shall ensure that Federal funds do not 

10 exceed— 

11 ‘‘(A) 75 percent of the per pump cost 

12 for— 

13 ‘‘(i) pumps that can dispense a range 

14 of ethanol blends of E85 or lower (new 

15 pumps or retrofit of existing pumps); and 

16 ‘‘(ii) dedicated E15 or E85 pumps 

17 (new pumps or retrofit of existing pumps); 

18 ‘‘(B) 50 percent of the terminal cost for 

19 terminals with B100 capabilities; or 

20 ‘‘(C) 25 percent of the per tank cost for 

21 new storage tanks and related equipment asso22 ciated with new facilities or additional capacity 

23 other than replacement of existing storage 

24 tanks and related equipment associated with ex25 isting facilities. 


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1 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There 

2 is authorized to be appropriated to the Secretary to carry 

3 out this section $100,000,000 for each of fiscal years 2021 

4 through 2025.’’. 

5 SEC. 3. REPEAL OF E15 FUEL DISPENSER LABELING RE6 QUIREMENTS. 

7 (a) IN GENERAL.—Not later than 90 days after the 

8 date of enactment of this Act, the Administrator of the 

9 Environmental Protection Agency (referred to in this Act 

10 as the ‘‘Administrator’’) shall finalize the proposed rule 

11 of the Administrator entitled ‘‘E15 Fuel Dispenser Label12 ing and Compatibility With Underground Storage Tanks’’ 

13 (86 Fed. Reg. 5094 (January 19, 2021)) with respect to 

14 the amendments proposed to be made by that rule to part 

15 80 of title 40, Code of Federal Regulations (as in effect 

16 on the date of enactment of this Act). 

17 (b) REQUIREMENTS.—In carrying out subsection (a), 

18 the Administrator shall ensure that the final rule required 

19 under that subsection— 

20 (1) eliminates the E15 labeling requirement; 

21 (2) is published in the Federal Register; and 

22 (3) is, to the extent practicable, in compliance 

23 with all applicable provisions of chapter 5 of title 5, 

24 United States Code (commonly known as the ‘‘AdVerDate Sep 11 2014 19:27 Feb 20, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S227.IS S227

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1 ministrative Procedures Act’’) and all other provi2 sions of law relating to rulemaking procedures. 

3 (c) COLLABORATION.—In carrying out this section, 

4 the Administrator shall collaborate with the Chair of the 

5 Federal Trade Commission to harmonize the rule required 

6 under subsection (a) with related automotive fuel rating 

7 labeling requirements under section 306.10 of title 16, 

8 Code of Federal Regulations (or successor regulations). 

9 (d) REPORT.—Not later than 180 days after the Ad10 ministrator finalizes the rule required under subsection 

11 (a), the Administrator shall submit to the Committees on 

12 Agriculture, Nutrition, and Forestry, Energy and Natural 

13 Resources, and Environment and Public Works of the 

14 Senate and the Committees on Agriculture, Energy and 

15 Commerce, and Science, Space, and Technology of the 

16 House of Representatives a report that summarizes the 

17 major activities taken to carry out subsections (a) and (b). 

18 SEC. 4. UPDATES TO UNDERGROUND STORAGE TANK COM19 PATIBILITY REQUIREMENTS. 

20 (a) IN GENERAL.—Not later than 90 days after the 

21 date of enactment of this Act, the Administrator shall fi22 nalize the proposed rule of the Administrator entitled 

23 ‘‘E15 Fuel Dispenser Labeling and Compatibility With 

24 Underground Storage Tanks’’ (86 Fed. Reg. 5094 (Janu25 ary 19, 2021)) with respect to the amendments proposed 


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1 to be made by that rule to parts 280 and 281 of title 40, 

2 Code of Federal Regulations (as in effect on the date of 

3 enactment of this Act). 

4 (b) REQUIREMENTS.—In carrying out subsection (a), 

5 the Administrator shall ensure that the final rule required 

6 under that subsection— 

7 (1) is published in the Federal Register; and 

8 (2) is, to the extent practicable, in compliance 

9 with all applicable provisions of chapter 5 of title 5, 

10 United States Code (commonly known as the ‘‘Ad11 ministrative Procedures Act’’) and all other provi12 sions of law relating to rulemaking procedures. 

13 (c) REPORT.—Not later than 180 days after the Ad14 ministrator finalizes the rule required under subsection 

15 (a), the Administrator shall submit to the Committees on 

16 Agriculture, Nutrition, and Forestry, Energy and Natural 

17 Resources, and Environment and Public Works of the 

18 Senate and the Committees on Agriculture, Energy and 

19 Commerce, and Science, Space, and Technology of the 

20 House of Representatives a report that summarizes the 

21 major activities taken to carry out subsections (a) and (b). 

Æ 


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