I 
111TH CONGRESS 
1ST SESSION 
H. R. 864 
To amend the Energy Policy Act of 2005 to provide loan guarantees for 
projects to construct renewable fuel pipelines, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 4, 2009 
Mr. BOSWELL (for himself, Mr. TERRY, Mr. BRALEY of Iowa, Mr. LATHAM, 
Mr. PETERSON, Mr. LOEBSACK, and Mr. KING of Iowa) introduced the 
following bill; which was referred to the Committee on Energy and Com-
merce, and in addition to the Committee on Transportation and Infra-
structure, for a period to be subsequently determined by the Speaker, in 
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned 
A BILL 
To amend the Energy Policy Act of 2005 to provide loan 
guarantees for projects to construct renewable fuel pipe-
lines, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Renewable Fuel Pipe-
lines Act of 2009’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
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(1) Creating the appropriate infrastructure to 
move renewable fuels is a necessary energy and 
transportation objective for the United States. 
(2) Currently more than 70 percent of the gaso-
line supply of the United States is delivered to local 
terminals through pipelines. 
(3) Pipelines are the most cost-effective, effi-
cient, and safe transportation mode in use today to 
deliver large volumes of liquid fuels. 
(4) Renewable fuels are currently transported 
by truck, barge, and rail, and the volume require-
ments of the Energy Independence and Security Act 
of 2007 may overwhelm the renewable fuels infra-
structure, a problem that would be alleviated by the 
transportation of renewable fuels through pipelines. 
(5) The production and use of renewable fuels 
is supported by Federal policy and a corresponding 
Federal policy is necessary to support the construc-
tion of an appropriate infrastructure to transport 
such fuels. 
SEC. 3. LOAN GUARANTEES FOR PROJECTS TO CONSTRUCT 
RENEWABLE FUEL PIPELINES. 
(a) DEFINITIONS.—Section 1701 of the Energy Pol-
icy Act of 2005 (42 U.S.C. 16511) is amended by adding 
at the end the following: 
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‘‘(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 shall include all 
ethanol and biodiesel. 
‘‘(7) RENEWABLE FUEL PIPELINE.—The term 
‘renewable fuel pipeline’ means a common carrier 
pipeline for transporting renewable fuel.’’. 
(b) TERMS AND CONDITIONS.— 
(1) SPECIFIC
APPROPRIATION
OR
CONTRIBU-
TION.—Subsection (b) of section 1702 of the Energy 
Policy Act of 2005 (42 U.S.C. 16512) is amended— 
(A) by redesignating paragraphs (1) and 
(2) as subparagraphs (A) and (B), respectively, 
and by moving such subparagraphs 2 ems to 
the right; 
(B) by striking ‘‘(b) SPECIFIC APPROPRIA-
TION OR CONTRIBUTION.—No guarantee’’ and 
inserting the following: 
‘‘(b) SPECIFIC
APPROPRIATION
OR
CONTRIBU-
TION.— 
‘‘(1) IN GENERAL.—No guarantee’’; and 
(C) by adding at the end the following: 
‘‘(2) RENEWABLE FUEL PIPELINES.—The Sec-
retary may waive the application of paragraph (1) 
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(c) ELIGIBLE PROJECTS.—Section 1703 of the En-
ergy Policy Act of 2005 (42 U.S.C. 16513) is amended 
by adding at the end the following: 
‘‘(f) RENEWABLE FUEL PIPELINES.— 
‘‘(1) IN GENERAL.—The Secretary may make 
guarantees under this title for projects to construct 
renewable fuel pipelines without regard to any limi-
tation under this section other than a limitation 
under this subsection. 
‘‘(2) GUARANTEE DETERMINATIONS.—In deter-
mining whether to make a guarantee for a project 
described in paragraph (1), the Secretary shall con-
sider the following: 
‘‘(A) The volume of renewable fuel to be 
moved by the renewable fuel pipeline. 
‘‘(B) The size of the markets to be served 
by the renewable fuel pipeline. 
‘‘(C) The existence of sufficient storage to 
facilitate access to the markets to be served by 
the renewable fuel pipeline. 
‘‘(D) The proximity of the renewable fuel 
pipeline to renewable fuel production facilities. 
‘‘(E) The investment in terminal infra-
structure of the entity carrying out the pro-
posed project. 
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‘‘(F) The history and experience working 
with renewable fuel of the entity carrying out 
the proposed project. 
‘‘(G) The ability of the entity carrying out 
the proposed project to ensure and maintain the 
quality of the renewable fuel through the ter-
minal system of the entity and through the 
dedicated pipeline system. 
‘‘(H) The ability of the entity carrying out 
the proposed project to complete such proposed 
project in a timely manner. 
‘‘(I) The ability of the entity carrying out 
the proposed project to secure property rights- 
of-way. 
‘‘(J) Other criteria the Secretary deter-
mines appropriate for consideration. 
‘‘(3) EMINENT
DOMAIN
AUTHORITY.—When 
any entity in the carrying out of a project described 
in paragraph (1) for which a guarantee is made 
under this title cannot acquire by contract, or is un-
able to agree with the owner of property to the com-
pensation to be paid for, the necessary right-of-way 
to construct, operate, and maintain a pipeline or 
pipelines for the transportation of renewable fuel, 
and the necessary land or other property, in addition 
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to right-of-way, for the location of pump stations, 
pressure apparatus, or other facilities or equipment 
necessary to the proper operation of such pipeline or 
pipelines, it may acquire the same by the exercise of 
the right of eminent domain in the district court of 
the United States for the district in which such 
property may be located, or in the State courts, if 
such exercise is first determined by the Secretary to 
be necessary or desirable in the public interest. The 
practice and procedure in any action or proceeding 
for that purpose in the district court of the United 
States shall conform as nearly as may be with the 
practice and procedure in a similar action or pro-
ceeding in the courts of the State where the property 
is situated. The United States district courts shall 
only have jurisdiction of cases when the amount 
claimed by the owner of the property to be con-
demned exceeds $3,000.’’. 
SEC. 4. FINAL RULE. 
Not later than 90 days after the date of the enact-
ment of this Act, the Secretary of Energy shall publish 
in the Federal Register a final rule for carrying out a 
guarantee program for the construction of renewable fuel 
pipelines under title XVII of the Energy Policy Act of 
2005 in accordance with the amendments made by this 
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Act or shall modify rules and regulations currently appli-
cable to the guarantee program under such title in accord-
ance with the amendments made by this Act. 
SEC. 5. GRANT PROGRAM FOR PREPARATION OF PROJECTS 
TO CONSTRUCT RENEWABLE FUEL PIPE-
LINES. 
(a) IN GENERAL.—The Secretary may provide grants 
for projects described in section 1703(f)(1) of the Energy 
Policy Act of 2005, as added by section 3(c) of this Act, 
to assist in carrying out permit acquisition, planning, and 
other preparatory activities for such projects in advance 
of participation in the guarantee program under title XVII 
of the Energy Policy Act of 2005. 
(b) NO IMPACT
ON ELIGIBILITY
FOR
A GUAR-
ANTEE.—In determining whether to make a guarantee for 
a project under title XVII of the Energy Policy Act of 
2005, the Secretary shall not take into consideration 
whether a grant was provided for such project under this 
section. 
(c) IMPACT ON GUARANTEE AMOUNT.—In the case 
of a project for which a grant is provided under this sec-
tion and a loan guarantee is made under title XVII of 
the Energy Policy Act of 2005, the sum with respect to 
such project of grants provided under this section and 
amounts guaranteed under title XVII of the Energy Policy 
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Act of 2005 may not exceed 90 percent of the project cost 
of such project as estimated at the time at which a guar-
antee is issued. 
(d) DEFINITION OF SECRETARY.—In this section, the 
term ‘‘Secretary’’ means the Secretary of Energy. 
(e) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Secretary to carry 
out this section $50,000,000, to remain available until ex-
pended. 
Æ 
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