§ 8105. Bioenergy program for advanced biofuels

• (a) In this section, the term “eligible producer” means a producer of advanced biofuels.
• (b) The Secretary shall make payments to eligible producers to support and ensure an expanding production of advanced biofuels.
• (c) 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) 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)
  • (1) 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) 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) 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)
  • (1) 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) 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) 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.