Renewable Fuel Infrastructure Investment and Market Expansion Act of 2021
Bill: S.227 | Sponsor: Sen. Klobuchar, Amy (D-MN)
Policy area: Energy

Summary:
Renewable Fuel Infrastructure Investment and Market Expansion Act of 2021
This bill establishes programs and requirements to expand access to renewable fuel.
Specifically, the U.S. Department of Agriculture must establish a program to award grants for the deployment of renewable fuel infrastructure as specified by this bill.
In addition, the Environmental Protection Agency (EPA) must finalize a 2021 proposed rule titled E 15 Fuel Dispenser Labeling and Compatibility With Underground Storage Tanks. When finalizing the rule, the EPA must eliminate the labeling requirements for fuel pumps that dispense E 15 fuel (i.e., gasoline that contains 15% ethanol).

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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Renewable Fuel Infrastructure 
Investment and Market Expansion Act of 2021''.

SEC. 2. GRANTS FOR DEPLOYMENT OF RENEWABLE FUEL INFRASTRUCTURE.

    Title IX of the Farm Security and Rural Investment Act of 2002 (7 
U.S.C. 8101 et seq.) is amended by adding at the end the following:

``SEC. 9015. RENEWABLE FUEL INFRASTRUCTURE GRANT PROGRAM.

    ``(a) Definition of Eligible Entity.--In this section, the term 
`eligible entity' means--
            ``(1) a State or unit of local government;
            ``(2) a Tribal government;
            ``(3) an authority, agency, partnership, or instrumentality 
        of an entity described in paragraph (1) or (2); and
            ``(4) a group of entities described in paragraphs (1) 
        through (3).
    ``(b) Establishment.--Not later than 1 year after the date of 
enactment of this section, the Secretary shall establish a grant 
program to award grants to eligible entities to carry out the 
activities described in subsection (e).
    ``(c) Applications.--An eligible entity desiring a grant under this 
section shall submit to the Secretary an application at such time, in 
such manner, and containing such information as the Secretary may 
require.
    ``(d) Eligibility Criteria.--In selecting an eligible entity to 
receive a grant under this section, the Secretary shall consider the 
extent to which the application of the eligible entity proposes--
            ``(1) to convert existing pump infrastructure to deliver 
        ethanol blends with greater than 10 percent ethanol;
            ``(2) to diversify the geographic area selling ethanol 
        blends with greater than 10 percent ethanol;
            ``(3) to support existing or emerging biodiesel, bioheat, 
        and sustainable aviation fuel markets that have existing 
        incentives;
            ``(4) to increase the use of existing fuel delivery 
        infrastructure;
            ``(5) to enable or accelerate the deployment of renewable 
        fuel infrastructure that would be unlikely to be completed 
        without Federal assistance; and
            ``(6) to build and retrofit traditional and pipeline 
        biodiesel terminal operations (including rail lines) and home 
        heating oil distribution centers or equivalent entities--
                    ``(A) to blend biodiesel; and
                    ``(B) to carry ethanol and biodiesel.
    ``(e) Eligible Use.--An eligible entity that receives a grant under 
this section may use the grant funds--
            ``(1) to distribute to private or public entities for costs 
        related to incentivizing deployment of renewable fuel 
        infrastructure;
            ``(2) to convert existing pump infrastructure to deliver 
        ethanol blends greater than 10 percent and biodiesel blends 
        greater than 20 percent;
            ``(3) to install fuel pumps and related infrastructure 
        dedicated to the distribution of higher ethanol blends 
        (including E15 and E85) and higher biodiesel blends up to B100 
        at fueling locations, including--
                    ``(A) local fueling stations;
                    ``(B) convenience stores;
                    ``(C) hypermarket fueling stations; and
                    ``(D) fleet facilities or similar entities; and
            ``(4) to build and retrofit traditional and pipeline 
        biodiesel terminal operations (including rail lines) and home 
        heating oil distribution centers or equivalent entities--
                    ``(A) to blend biodiesel; and
                    ``(B) to carry ethanol and biodiesel.
    ``(f) Certification Requirement.--Any infrastructure used or 
installed with grant funds provided under this section shall be 
certified by the Underwriters Laboratory as infrastructure that 
distributes blends with an ethanol content of 25 percent or greater.
    ``(g) Funding.--
            ``(1) Federal share.--The Federal share of the total cost 
        of carrying out a project awarded a grant under this section 
        shall not exceed 75 percent.
            ``(2) Maximum percentage for certain activities.--An 
        eligible entity receiving a grant under this section shall 
        ensure that Federal funds do not exceed--
                    ``(A) 75 percent of the per pump cost for--
                            ``(i) pumps that can dispense a range of 
                        ethanol blends of E85 or lower (new pumps or 
                        retrofit of existing pumps); and
                            ``(ii) dedicated E15 or E85 pumps (new 
                        pumps or retrofit of existing pumps);
                    ``(B) 50 percent of the terminal cost for terminals 
                with B100 capabilities; or
                    ``(C) 25 percent of the per tank cost for new 
                storage tanks and related equipment associated with new 
                facilities or additional capacity other than 
                replacement of existing storage tanks and related 
                equipment associated with existing facilities.
    ``(h) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out this section $100,000,000 
for each of fiscal years 2021 through 2025.''.

SEC. 3. REPEAL OF E15 FUEL DISPENSER LABELING REQUIREMENTS.

    (a) In General.--Not later than 90 days after the date of enactment 
of this Act, the Administrator of the Environmental Protection Agency 
(referred to in this Act as the ``Administrator'') shall finalize the 
proposed rule of the Administrator entitled ``E15 Fuel Dispenser 
Labeling and Compatibility With Underground Storage Tanks'' (86 Fed. 
Reg. 5094 (January 19, 2021)) with respect to the amendments proposed 
to be made by that rule to part 80 of title 40, Code of Federal 
Regulations (as in effect on the date of enactment of this Act).
    (b) Requirements.--In carrying out subsection (a), the 
Administrator shall ensure that the final rule required under that 
subsection--
            (1) eliminates the E15 labeling requirement;
            (2) is published in the Federal Register; and
            (3) is, to the extent practicable, in compliance with all 
        applicable provisions of chapter 5 of title 5, United States 
        Code (commonly known as the ``Administrative Procedures Act'') 
        and all other provisions of law relating to rulemaking 
        procedures.
    (c) Collaboration.--In carrying out this section, the Administrator 
shall collaborate with the Chair of the Federal Trade Commission to 
harmonize the rule required under subsection (a) with related 
automotive fuel rating labeling requirements under section 306.10 of 
title 16, Code of Federal Regulations (or successor regulations).
    (d) Report.--Not later than 180 days after the Administrator 
finalizes the rule required under subsection (a), the Administrator 
shall submit to the Committees on Agriculture, Nutrition, and Forestry, 
Energy and Natural Resources, and Environment and Public Works of the 
Senate and the Committees on Agriculture, Energy and Commerce, and 
Science, Space, and Technology of the House of Representatives a report 
that summarizes the major activities taken to carry out subsections (a) 
and (b).

SEC. 4. UPDATES TO UNDERGROUND STORAGE TANK COMPATIBILITY REQUIREMENTS.

    (a) In General.--Not later than 90 days after the date of enactment 
of this Act, the Administrator shall finalize the proposed rule of the 
Administrator entitled ``E15 Fuel Dispenser Labeling and Compatibility 
With Underground Storage Tanks'' (86 Fed. Reg. 5094 (January 19, 2021)) 
with respect to the amendments proposed to be made by that rule to 
parts 280 and 281 of title 40, Code of Federal Regulations (as in 
effect on the date of enactment of this Act).
    (b) Requirements.--In carrying out subsection (a), the 
Administrator shall ensure that the final rule required under that 
subsection--
            (1) is published in the Federal Register; and
            (2) is, to the extent practicable, in compliance with all 
        applicable provisions of chapter 5 of title 5, United States 
        Code (commonly known as the ``Administrative Procedures Act'') 
        and all other provisions of law relating to rulemaking 
        procedures.
    (c) Report.--Not later than 180 days after the Administrator 
finalizes the rule required under subsection (a), the Administrator 
shall submit to the Committees on Agriculture, Nutrition, and Forestry, 
Energy and Natural Resources, and Environment and Public Works of the 
Senate and the Committees on Agriculture, Energy and Commerce, and 
Science, Space, and Technology of the House of Representatives a report 
that summarizes the major activities taken to carry out subsections (a) 
and (b).
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