In this section, the term “eligible producer” means a producer of advanced biofuels.
The Secretary shall make payments to eligible producers to support and ensure an expanding production of advanced biofuels.
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
The Secretary may 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.
(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.
(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; and
(D)$105,000,000 for fiscal year 2012.
(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 $25,000,000 for each of fiscal years 2009 through 2013.
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.
Amendment by Pub. L. 112–240effective Sept. 30, 2012, see section 701(j) ofPub. L. 112–240, set out in a 1-Year Extension of Agricultural Programs note under section
8701 of this title.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.