7 U.S. Code § 8103 - Biorefinery, renewable chemical, and biobased product manufacturing assistance
The purpose of this section is to assist in the development of new and emerging technologies for the development of advanced biofuels, renewable chemicals, and biobased product manufacturing so as to—
In this section:
(1) Biobased product manufacturing
The term “biobased product manufacturing” means development, construction, and retrofitting of technologically new commercial-scale processing and manufacturing equipment and required facilities that will be used to convert renewable chemicals and other biobased outputs of biorefineries into end-user products on a commercial scale.
(2) Eligible entity
The term “eligible entity” means an individual, entity, Indian tribe, or unit of State or local government, including a corporation, farm cooperative, farmer cooperative organization, association of agricultural producers, National Laboratory, institution of higher education, rural electric cooperative, public power entity, or consortium of any of those entities.
(3) Eligible technology
The term “eligible technology” means, as determined by the Secretary—
(A) a technology that is being adopted in a viable commercial-scale operation of a biorefinery that produces an advanced biofuel; and
The Secretary shall make available to eligible entities guarantees for loans made to fund the development, construction, and retrofitting of commercial-scale biorefineries using eligible technology.
(d) Loan guarantees
(1) Selection criteria
(A) In general
In approving loan guarantee applications, the Secretary shall establish a priority scoring system that assigns priority scores to each application and only approve applications that exceed a specified minimum, as determined by the Secretary.
In approving a loan guarantee application, the Secretary shall determine the technical and economic feasibility of the project based on a feasibility study of the project described in the application conducted by an independent third party.
(C) Scoring system
In determining the priority scoring system for loan guarantees under subsection (c), the Secretary shall consider—
(i) whether the applicant has established a market for the advanced biofuel and the byproducts produced;
(ii) whether the area in which the applicant proposes to place the biorefinery has other similar facilities;
(iii) whether the applicant is proposing to use a feedstock not previously used in the production of advanced biofuels;
(v) the level of financial participation by the applicant, including support from non-Federal and private sources;
(vi) whether the applicant has established that the adoption of the process proposed in the application will have a positive impact on resource conservation, public health, and the environment;
(vii) whether the applicant can establish that if adopted, the biofuels production technology proposed in the application will not have any significant negative impacts on existing manufacturing plants or other facilities that use similar feedstocks;
(A) Maximum amount of loan guaranteed
The principal amount of a loan guaranteed under subsection (c) may not exceed $250,000,000.
(B) Maximum percentage of loan guaranteed
(i) In general Except as otherwise provided in this subparagraph, a loan guaranteed under subsection (c) shall be in an amount not to exceed 80 percent of the project costs, as determined by the Secretary.
(ii) Other direct Federal funding The amount of a loan guaranteed for a project under subsection (c) shall be reduced by the amount of other direct Federal funding that the eligible entity receives for the same project.
In carrying out this section, the Secretary shall consult with the Secretary of Energy.
(f) Condition on provision of assistance
(1) In general
As a condition of receiving a grant or loan guarantee under this section, an eligible entity shall ensure that all laborers and mechanics employed by contractors or subcontractors in the performance of construction work financed, in whole or in part, with the grant or loan guarantee, as the case may be, shall be paid wages at rates not less than those prevailing on similar construction in the locality, as determined by the Secretary of Labor in accordance with sections 3141 through 3144, 3146, and 3147 of title 40.
(1) Mandatory funding
(A) In general
Subject to subparagraph (B), of the funds of the Commodity Credit Corporation, the Secretary shall use for the cost of loan guarantees under this section, to remain available until expended—
Source(Pub. L. 107–171, title IX, § 9003, as added Pub. L. 110–234, title IX, § 9001(a),May 22, 2008, 122 Stat. 1310, and Pub. L. 110–246, § 4(a), title IX, § 9001(a),June 18, 2008, 122 Stat. 1664, 2072; amended Pub. L. 112–240, title VII, § 701(f)(2),Jan. 2, 2013, 126 Stat. 2365; Pub. L. 113–79, title IX, § 9003,Feb. 7, 2014, 128 Stat. 928.)
References in Text
Reorganization Plan Numbered 14 of 1950, referred to in subsec. (f)(2), is set out in the Appendix to Title 5, Government Organization and Employees.
Pub. L. 110–234and Pub. L. 110–246enacted identical sections. Pub. L. 110–234was repealed by section 4(a) ofPub. L. 110–246.
A prior section 8103,Pub. L. 107–171, title IX, § 9003,May 13, 2002, 116 Stat. 478, related to biorefinery development grants, prior to the general amendment of this chapter by Pub. L. 110–246.
2014—Pub. L. 113–79, § 9003(a)(1), inserted “, renewable chemical, and biobased product manufacturing” after “Biorefinery” in section catchline.
Subsec. (a). Pub. L. 113–79, § 9003(a)(2), inserted “renewable chemicals, and biobased product manufacturing” after “advanced biofuels,” in introductory provisions.
Subsec. (b). Pub. L. 113–79, § 9003(a)(3), added par. (1) and redesignated former pars. (1) and (2) as (2) and (3), respectively.
Subsec. (c). Pub. L. 113–79, § 9003(a)(4), substituted “to eligible entities guarantees for loans” for “to eligible entities—
“(1) grants to assist in paying the costs of the development and construction of demonstration-scale biorefineries to demonstrate the commercial viability of 1 or more processes for converting renewable biomass to advanced biofuels; and
“(2) guarantees for loans”.
Subsec. (d). Pub. L. 113–79, § 9003(a)(5), (6), redesignatedsubsec. (e) as (d) and struck out former subsec. (d) which related to awarding of grants under subsec. (c)(1).
Subsec. (d)(1)(C). Pub. L. 113–79, § 9003(a)(7)(B), substituted “subsection (c)” for “subsection (c)(2)”.
Subsec. (d)(1)(D). Pub. L. 113–79, § 9003(a)(7)(A), added subpar. (D).
Subsec. (d)(2)(A), (B). Pub. L. 113–79, § 9003(a)(7)(B), substituted “subsection (c)” for “subsection (c)(2)” wherever appearing.
Subsec. (d)(2)(C). Pub. L. 113–79, § 9003(a)(7)(C), substituted “subsection (g)” for “subsection (h)”.
Subsecs. (e) to (g). Pub. L. 113–79, § 9003(a)(6), redesignatedsubsecs. (f) to (h) as (e) to (g), respectively.
Subsec. (g)(1). Pub. L. 113–79, § 9003(b)(1), added par. (1) and struck out former par. (1) which related to mandatory funding for loan guarantees for fiscal years 2009 and 2010.
Subsec. (g)(2). Pub. L. 113–79, § 9003(b)(2), substituted “$75,000,000 for each of fiscal years 2014 through 2018” for “$150,000,000 for each of fiscal years 2009 through 2013”.
Subsec. (h). Pub. L. 113–79, § 9003(a)(6), redesignatedsubsec. (h) as (g).
2013—Subsec. (h)(2). Pub. L. 112–240substituted “2013” for “2012”.
Effective Date of 2013 Amendment