Sec. 9005. BIOENERGY PROGRAM FOR ADVANCED BIOFUELS
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## SEC. 9005 BIOENERGY PROGRAM FOR ADVANCED BIOFUELS **[**[7 U.S.C. 8105](/us/usc/t7/s8105)**]** ###
(a)Definition of Eligible Producer In this section, the term “**eligible producer**” means a producer of advanced biofuels. ###
(b)Payments The Secretary shall make payments to eligible producers to support and ensure an expanding production of advanced biofuels. ###
(c)Contracts To receive a payment, an eligible producer shall— ####
(1)enter into a contract with the Secretary for production of advanced biofuels; and ####
(2)submit to the Secretary such records as the Secretary may require as evidence of the production of advanced biofuels. ###
(d)Basis for Payments The Secretary shall make payments under this section to eligible producers based on— ####
(1)the quantity and duration of production by the eligible producer of an advanced biofuel; ####
(2)the net nonrenewable energy content of the advanced biofuel, if sufficient data is available, as determined by the Secretary; and ####
(3)other appropriate factors, as determined by the Secretary. ###
(e)Equitable Distribution ####
(1)Amount The Secretary shall limit the amount of payments that may be received by a single eligible producer under this section in order to distribute the total amount of funding available in an equitable manner. ####
(2)Feedstock The total amount of payments made in a fiscal year under this section to one or more eligible producers for the production of advanced biofuels derived from a single eligible commodity, including intermediate ingredients of that single commodity or use of that single commodity and its intermediate ingredients in combination with another commodity, shall not exceed one-third of the total amount of funds made available under subsection (g). ###
(f)Other Requirements To receive a payment under this section, an eligible producer shall meet any other requirements of Federal and State law (including regulations) applicable to the production of advanced biofuels. ###
(g)Funding ####
(1)Mandatory funding Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section, to remain available until expended— #####
(A)$55,000,000 for fiscal year 2009; #####
(B)$55,000,000 for fiscal year 2010; #####
(C)$85,000,000 for fiscal year 2011; #####
(D)$105,000,000 for fiscal year 2012; #####
(E)$15,000,000 for each of fiscal years 2014 through 2018; and #####
(F)$7,000,000 for each of fiscal years 2019 through 2031. ####
(2)Discretionary funding In addition to any other funds made available to carry out this section, there is authorized to be appropriated to carry out this section $20,000,000 for each of fiscal years 2019 through 2023. ####
(3)Limitation Of the funds provided for each fiscal year, not more than 5 percent of the funds shall be made available to eligible producers for production at facilities with a total refining capacity exceeding 150,000,000 gallons per year.
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Sec. 9005
BIOENERGY PROGRAM FOR ADVANCED BIOFUELS
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