I 
111TH CONGRESS 
2D SESSION 
H. R. 5757 
To amend the Internal Revenue Code of 1986 to extend and modify the 
credits for alcohol used as a fuel, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 15, 2010 
Mr. FORTENBERRY introduced the following bill; which was referred to the 
Committee on Ways and Means, and in addition to the Committees on 
Transportation and Infrastructure and Energy and Commerce, for a pe-
riod to be subsequently determined by the Speaker, in each case for con-
sideration of such provisions as fall within the jurisdiction of the com-
mittee concerned 
A BILL 
To amend the Internal Revenue Code of 1986 to extend 
and modify the credits for alcohol used as a fuel, 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 Fuels for 
America’s Future Act of 2010’’. 
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SEC. 2. REDUCTION IN CREDIT FOR FUEL REQUIRED TO 
MEET RENEWABLE FUEL OBLIGATION. 
(a) IN GENERAL.—Subsection (d) of section 40 of the 
Internal Revenue Code of 1986 is amended by adding at 
the end the following new paragraph: 
‘‘(8) ALCOHOL
REQUIRED
TO
MEET
RENEW-
ABLE
FUEL
OBLIGATION
NOT
TAKEN
INTO
AC-
COUNT.— 
‘‘(A) IN GENERAL.—Alcohol used to meet 
the renewable fuel obligation applicable to the 
taxpayer shall not be taken into account for 
purposes of determining a credit under this sec-
tion. 
‘‘(B) RENEWABLE
FUEL
OBLIGATION.— 
For purposes of subparagraph (A), the term 
‘renewable fuel obligation’ means the renewable 
fuel 
obligation 
determined 
under 
section 
211(o)(3) of the Clean Air Act (42 U.S.C. 
7545(o)(3)). 
‘‘(C) USE
OF
RINS.—Determinations for 
purposes of subparagraph (A) shall be made 
through the use of renewable identification 
numbers received from the taxpayer by the Ad-
ministrator of the Environmental Protection 
Agency pursuant to regulations issued under 
section 211(o) of such Act.’’. 
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(b) EXCISE TAX CREDIT.—Subsection (b) of section 
6426 of such Code, as amended by section 4 of this Act, 
is amended by redesignating paragraph (6) as paragraph 
(7) and by inserting after paragraph (5) the following new 
paragraph: 
‘‘(6) ALCOHOL
REQUIRED
TO
MEET
RENEW-
ABLE
FUEL
OBLIGATION
NOT
TAKEN
INTO
AC-
COUNT.— 
‘‘(A) IN GENERAL.—Alcohol used to meet 
the renewable fuel obligation applicable to the 
taxpayer shall not be taken into account for 
purposes of determining a credit under this 
subsection. 
‘‘(B) RENEWABLE
FUEL
OBLIGATION.— 
For purposes of subparagraph (A), the term 
‘renewable fuel obligation’ means the renewable 
fuel 
obligation 
determined 
under 
section 
211(o)(3) of the Clean Air Act (42 U.S.C. 
7545(o)(3)). 
‘‘(C) USE
OF
RINS.—Determinations for 
purposes of subparagraph (A) shall be made 
through the use of renewable identification 
numbers received from the taxpayer by the Ad-
ministrator of the Environmental Protection 
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Agency pursuant to regulations issued under 
section 211(o) of such Act.’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply to fuel produced or sold after De-
cember 31, 2010. 
SEC. 3. EXTENSION OF INCOME TAX CREDIT FOR ALCOHOL 
USED AS FUEL. 
(a) IN GENERAL.—Paragraph (1) of section 40(e) of 
the Internal Revenue Code of 1986 is amended— 
(1) by striking ‘‘December 31, 2010’’ in sub-
paragraph (A) and inserting ‘‘December 31, 2015’’, 
and 
(2) by striking ‘‘January 1, 2013’’ in subpara-
graph (B) and inserting ‘‘January 1, 2016’’. 
(b) CELLULOSIC BIOFUEL.—Subparagraph (H) of 
section 40(b)(6) of such Code is amended by striking 
‘‘January 1, 2013’’ and inserting ‘‘January 1, 2016’’. 
(c) REDUCED AMOUNT FOR ETHANOL BLENDERS.— 
Paragraph (2) of section 40(h) of such Code is amended 
by striking ‘‘2010’’ and inserting ‘‘2015’’. 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the date of the enactment 
of this Act. 
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SEC. 4. EXTENSION OF EXCISE TAX CREDIT FOR ALCOHOL 
USED AS FUEL. 
(a) IN GENERAL.—Paragraph (6) of section 6426(b) 
of the Internal Revenue Code of 1986 is amended by strik-
ing ‘‘December 31, 2010’’ and inserting ‘‘December 31, 
2015’’. 
(b) EFFECTIVE DATE.—The amendment made by 
this section shall take effect on the date of the enactment 
of this Act. 
SEC. 5. EXTENSION OF ADDITIONAL DUTIES ON ETHANOL. 
Headings 9901.00.50 and 9901.00.52 of the Har-
monized Tariff Schedule of the United States are each 
amended in the effective period column by striking ‘‘1/1/ 
2011’’ and inserting ‘‘1/1/2016’’. 
SEC. 6. ENSURING THE AVAILABILITY OF DUAL FUELED 
AUTOMOBILES AND LIGHT DUTY TRUCKS. 
(a) IN GENERAL.—Chapter 329 of title 49, United 
States Code, is amended by inserting after section 32902 
the following: 
‘‘§ 32902A. Requirement to manufacture dual fueled 
automobiles and light duty trucks 
‘‘(a) IN GENERAL.—For each model year listed in the 
following table, each manufacturer shall ensure that the 
percentage of automobiles and light duty trucks manufac-
tured by the manufacturer for sale in the United States 
that are dual fueled automobiles and light duty trucks is 
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not less than the percentage set forth for that model year 
in the following table: 
‘‘Model Year 
Percentage 
Model years 2012 and 2013 .......................
50 percent 
Model year 2014 and each subsequent 
model year.
90 percent. 
‘‘(b) EXCEPTION.—Subsection (a) shall not apply to 
automobiles or light duty trucks that operate only on elec-
tricity.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
for chapter 329 of title 49, United States Code, is amend-
ed by inserting after the item relating to section 32902 
the following: 
‘‘32902A. Requirement to manufacture dual fueled automobiles and light duty 
trucks.’’. 
(c) RULEMAKING.—Not later than 1 year after the 
date of the enactment of this section, the Secretary of 
Transportation shall prescribe regulations to carry out the 
amendments made by this section. 
SEC. 7. BLENDER PUMP PROMOTION. 
(a) BLENDER PUMP GRANT PROGRAM.— 
(1) DEFINITIONS.—In this subsection: 
(A) BLENDER PUMP.—The term ‘‘blender 
pump’’ means an automotive fuel dispensing 
pump capable of dispensing at least 3 different 
blends of gasoline and ethanol, as selected by 
the pump operator, including blends ranging 
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from 0 percent ethanol to 85 percent denatured 
ethanol, as determined by the Secretary. 
(B) E–85 FUEL.—The term ‘‘E–85 fuel’’ 
means a blend of gasoline approximately 85 
percent of the content of which is ethanol. 
(C) ETHANOL
FUEL
BLEND.—The term 
‘‘ethanol fuel blend’’ means a blend of gasoline 
and ethanol, with a minimum of 0 percent and 
maximum of 85 percent of the content of which 
is denatured ethanol. 
(D) SECRETARY.—The term ‘‘Secretary’’ 
means the Secretary of Energy. 
(2) GRANTS.—The Secretary shall make grants 
under this subsection to eligible facilities (as deter-
mined by the Secretary) to pay the Federal share 
of— 
(A) installing blender pump fuel infra-
structure, including infrastructure necessary— 
(i) for the direct retail sale of ethanol 
fuel blends (including E–85 fuel), includ-
ing blender pumps and storage tanks; and 
(ii) to directly market ethanol fuel 
blends (including E–85 fuel) to gas retail-
ers, including inline blending equipment, 
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pumps, storage tanks, and loadout equip-
ment; and 
(B) providing subgrants to direct retailers 
of ethanol fuel blends (including E–85 fuel) for 
the purpose of installing fuel infrastructure for 
the direct retail sale of ethanol fuel blends (in-
cluding E–85 fuel), including blender pumps 
and storage tanks. 
(3) FEDERAL SHARE.—The Federal share of 
the cost of a project carried out under this sub-
section shall be 50 percent of the total cost of the 
project. 
(4) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated to the Sec-
retary to carry out this subsection, to remain avail-
able until expended— 
(A) $50,000,000 for fiscal year 2011; 
(B) $100,000,000 for fiscal year 2012; 
(C) $200,000,000 for fiscal year 2013; 
(D) $300,000,000 for fiscal year 2014; 
and 
(E) $350,000,000 for fiscal year 2015. 
(b) INSTALLATION OF BLENDER PUMPS BY MAJOR 
FUEL DISTRIBUTORS AT OWNED STATIONS AND BRAND-
ED STATIONS.—Section 211(o) of the Clean Air Act (42 
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U.S.C. 7545(o)) is amended by adding at the end the fol-
lowing: 
‘‘(13) INSTALLATION OF BLENDER PUMPS BY 
MAJOR FUEL DISTRIBUTORS AT OWNED STATIONS 
AND BRANDED STATIONS.— 
‘‘(A) DEFINITIONS.—In this paragraph: 
‘‘(i) E–85 FUEL.—The term ‘E–85 
fuel’ means a blend of gasoline approxi-
mately 85 percent of the content of which 
is ethanol. 
‘‘(ii) ETHANOL
FUEL
BLEND.—The 
term ‘ethanol fuel blend’ means a blend of 
gasoline and ethanol, with a minimum of 0 
percent and maximum of 85 percent of the 
content of which is denatured ethanol. 
‘‘(iii) MAJOR FUEL DISTRIBUTOR.— 
‘‘(I) IN
GENERAL.—The term 
‘major fuel distributor’ means any 
person that owns a refinery and di-
rectly markets the output of a refin-
ery. 
‘‘(II) 
EXCLUSION.—The 
term 
‘major fuel distributor’ does not in-
clude any person that owns less than 
50 retail fueling stations. 
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‘‘(iv) SECRETARY.—The term ‘Sec-
retary’ means the Secretary of Energy, 
acting in consultation with the Adminis-
trator and the Secretary of Agriculture. 
‘‘(B) REGULATIONS.—The Secretary shall 
promulgate regulations to ensure that each 
major fuel distributor that sells or introduces 
gasoline into commerce in the United States 
through majority-owned stations or branded 
stations installs or otherwise makes available 1 
or more blender pumps that dispense E–85 fuel 
and ethanol fuel blends (including any other 
equipment necessary, such as tanks, to ensure 
that the pumps function properly) for a period 
of not less than 5 years at not less than the ap-
plicable percentage of the majority-owned sta-
tions and the branded stations of the major fuel 
distributor specified in subparagraph (C). 
‘‘(C) APPLICABLE PERCENTAGE.—For the 
purpose of subparagraph (B), the applicable 
percentage of the majority-owned stations and 
the branded stations shall be determined in ac-
cordance with the following table: 
‘‘Applicable percentage of major-
ity-owned stations and branded 
stations 
Calendar year: 
Percent: 
2011 .............................................................................................
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‘‘Applicable percentage of major-
ity-owned stations and branded 
stations 
Calendar year: 
Percent: 
2013 .............................................................................................
2015 .............................................................................................
2017 and each calendar year thereafter ......................................
50. 
‘‘(D) GEOGRAPHIC DISTRIBUTION.— 
‘‘(i) IN GENERAL.—Subject to clause 
(ii), in promulgating regulations under 
subparagraph (B), the Secretary shall en-
sure that each major fuel distributor de-
scribed in that subparagraph installs or 
otherwise makes available 1 or more blend-
er pumps that dispense E–85 fuel and eth-
anol fuel blends at not less than a min-
imum percentage (specified in the regula-
tions) of the majority-owned stations and 
the branded stations of the major fuel dis-
tributors in each State. 
‘‘(ii) REQUIREMENT.—In specifying 
the minimum percentage under clause (i), 
the Secretary shall ensure that each major 
fuel distributor installs or otherwise makes 
available 1 or more blender pumps de-
scribed in that clause in each State in 
which the major fuel distributor operates. 
‘‘(E) 
FINANCIAL
RESPONSIBILITY.—In 
promulgating regulations under subparagraph 
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(B), the Secretary shall ensure that each major 
fuel distributor described in that subparagraph 
assumes full financial responsibility for the 
costs of installing or otherwise making available 
the blender pumps described in that subpara-
graph and any other equipment necessary (in-
cluding tanks) to ensure that the pumps func-
tion properly. 
‘‘(F) PRODUCTION CREDITS FOR EXCEED-
ING BLENDER PUMPS INSTALLATION REQUIRE-
MENT.— 
‘‘(i) EARNING AND PERIOD FOR AP-
PLYING CREDITS.—If the percentage of the 
majority-owned stations and the branded 
stations of a major fuel distributor at 
which the major fuel distributor installs 
blender pumps in a particular calendar 
year exceeds the percentage required under 
subparagraph (C), the major fuel dis-
tributor shall earn credits under this para-
graph, which may be applied to any of the 
3 consecutive calendar years immediately 
after the calendar year for which the cred-
its are earned. 
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‘‘(ii) TRADING CREDITS.—Subject to 
clause (iii), a major fuel distributor that 
has earned credits under clause (i) may 
sell the credits to another major fuel dis-
tributor to enable the purchaser to meet 
the requirement under subparagraph (C). 
‘‘(iii) EXCEPTION.—A major fuel dis-
tributor may not use credits purchased 
under clause (ii) to fulfill the geographic 
distribution requirement in subparagraph 
(D).’’. 
Æ 
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