7 U.S.C. § 8103
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:
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.
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.
The term "eligible technology" means, as determined by the Secretary-
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.
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.
In determining the priority scoring system for loan guarantees under subsection (c), the Secretary shall consider-
In approving loan guarantee applications, the Secretary shall ensure that, to the extent practicable, there is diversity in the types of projects approved for loan guarantees to ensure that as wide a range as possible of technologies, products, and approaches are assisted.
The principal amount of a loan guaranteed under subsection (c) may not exceed $250,000,000.
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.
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.
The Secretary may guarantee up to 90 percent of the principal and interest due on a loan guaranteed under subsection (c).
Of the funds made available for loan guarantees for a fiscal year under subsection (g), 50 percent of the funds shall be reserved for obligation during the second half of the fiscal year.
In carrying out this section, the Secretary shall consult with the Secretary of Energy.
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.
The Secretary of Labor shall have, with respect to the labor standards described in paragraph (1), the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (5 U.S.C. App) and section 3145 of title 40.
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-
Of the total amount of funds made available for fiscal years 2014 and 2015 under subparagraph (A), the Secretary may use for the cost of loan guarantees under this section not more than 15 percent of such funds to promote biobased product manufacturing.
In addition to any other funds made available to carry out this section, there is authorized to be appropriated to carry out this section $75,000,000 for each of fiscal years 2014 through 2023.
Notwithstanding subsections (a) through (e), and (g), in addition to amounts otherwise available, there is appropriated to the Secretary for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $1,000,000,000, to remain available until September 30, 2031, for the cost of loans under section 940g of title 7, including for projects that store electricity that support the types of eligible projects under that section, which shall be forgiven in an amount that is not greater than 50 percent of the loan based on how the borrower and the project meets the terms and conditions for loan forgiveness consistent with the purposes of that section established by the Secretary, except as provided in paragraph (3).
The Secretary shall not enter into any loan agreement pursuant this subsection that could result in disbursements after September 30, 2031.
The Secretary shall establish criteria for waiving the 50 percent limitation described in paragraph (1).
Notwithstanding subsections (a) through (e) and subsection (g), in addition to amounts otherwise available, there is appropriated to the Secretary for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $500,000,000, to remain available until September 30, 2031, to carry out this subsection.
The Secretary shall use the amounts made available by paragraph (1) to provide grants, for which the Federal share shall be not more than 75 percent of the total cost of carrying out a project for which the grant is provided, on a competitive basis, to increase the sale and use of agricultural commodity-based fuels through infrastructure improvements for blending, storing, supplying, or distributing biofuels, except for transportation infrastructure not on location where such biofuels are blended, stored, supplied, or distributed-
Notwithstanding subsections (a) through (e) and (g), in addition to amounts otherwise available, there is appropriated to the Secretary for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $9,700,000,000, to remain available until September 30, 2031, for the long-term resiliency, reliability, and affordability of rural electric systems by providing to an eligible entity (defined as an electric cooperative described in section 501(c)(12) or 1381(a)(2) of title 26 and is or has been a Rural Utilities Service electric loan borrower pursuant to the Rural Electrification Act of 1936 [7 U.S.C. 901 et seq.] or serving a predominantly rural area or a wholly or jointly owned subsidiary of such electric cooperative) loans, modifications of loans, the cost of loans and modifications, and other financial assistance to achieve the greatest reduction in carbon dioxide, methane, and nitrous oxide emissions associated with rural electric systems through the purchase of renewable energy, renewable energy systems, zero-emission systems, and carbon capture and storage systems, to deploy such systems, or to make energy efficiency improvements to electric generation and transmission systems of the eligible entity after August 16, 2022.
No eligible entity may receive an amount equal to more than 10 percent of the total amount made available by this subsection.
The amount of a grant under this subsection shall be not more than 25 percent of the total project costs of the eligible entity carrying out a project using a grant under this subsection.
Nothing in this subsection shall be interpreted to authorize funds of the Commodity Credit Corporation for activities under this subsection if such funds are not expressly authorized or currently expended for such purposes.
The Secretary shall not enter into, pursuant to this subsection-
7 U.S.C. § 8103
EDITORIAL NOTES
REFERENCES IN TEXTReorganization Plan Numbered 14 of 1950, referred to in subsec. (f)(2), is set out in the Appendix to Title 5, Government Organization and Employees.The Rural Electrification Act of 1936, referred to in subsec. (j)(1), is act May 20, 1936, ch. 432, 49 Stat. 1363, which is classified generally to chapter 31 (§901 et seq.) of this title. For complete classification of this Act to the Code, see section 901 of this title and Tables.
CODIFICATION Pub. L. 110-234 and Pub. L. 110-246 enacted identical sections. Pub. L. 110-234 was repealed by section 4(a) of Pub. L. 110-246.
PRIOR PROVISIONSA prior section 8103,Pub. L. 107-171, title IX, §90038103,, 116 Stat. 478, related to biorefinery development grants, prior to the general amendment of this chapter by Pub. L. 110-246.
AMENDMENTS2022-Subsec. (h). Pub. L. 117-169, §22201, added subsec. (h).Subsec. (i). Pub. L. 117-169, §22203, added subsec. (i).Subsec. (j). Pub. L. 117-169, §22204, added subsec. (j). 2018-Subsec. (b)(3)(A). Pub. L. 115-334, §9003(1)(A), substituted "produces any 1 or more, or a combination, of-" and cls. (i) to (iii) for "produces an advanced biofuel; and". Subsec. (b)(3)(B). Pub. L. 115-334, §9003(1)(B), substituted "produces any 1 or more, or a combination, of-" and cls. (i) to (iii) for "produces an advanced biofuel."Subsec. (g)(1)(A)(iii), (iv). Pub. L. 115-334, §9003(2)(A), added cls. (iii) and (iv). Subsec. (g)(2). Pub. L. 115-334, §9003(2)(B), substituted "2023" for "2018". 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), redesignated subsec. (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), redesignated subsecs. (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), redesignated subsec. (h) as (g).2013-Subsec. (h)(2). Pub. L. 112-240 substituted "2013" for "2012".
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2013 AMENDMENT Amendment by Pub. L. 112-240 effective Sept. 30, 2012, see section 701(j) of Pub. L. 112-240 set out in a 1-Year Extension of Agricultural Programs note under section 8701 of this title.
EFFECTIVE DATEEnactment of this section and repeal of Pub. L. 110-234 by Pub. L. 110-246 effective May 22, 2008, the date of enactment of Pub. L. 110-234 see section 4 of Pub. L. 110-246 set out as a note under section 8701 of this title.
- Secretary
- The term "Secretary" means the Secretary of Agriculture.
- biobased product
- The term "biobased product" means a product determined by the Secretary to be a commercial or industrial product (other than food or feed) that is-(A) composed, in whole or in significant part, of biological products, including renewable domestic agricultural materials, renewable chemicals, and forestry materials; or(B) an intermediate ingredient or feedstock.
- biofuel
- The term "biofuel" means a fuel derived from renewable biomass.
- biorefinery
- The term "biorefinery" means a facility (including equipment and processes) that-(A) converts renewable biomass or an intermediate ingredient or feedstock of renewable biomass into any 1 or more, or a combination, of-(i) biofuels;(ii) renewable chemicals; or(iii) biobased products; and(B) may produce electricity.
- renewable biomass
- The term "renewable biomass" means-(A) materials, pre-commercial thinnings, or invasive species from National Forest System land and public lands (as defined in section 1702 of title 43) that-(i) are byproducts of preventive treatments that are removed-(I) to reduce hazardous fuels;(II) to reduce or contain disease or insect infestation; or(III) to restore ecosystem health;(ii) would not otherwise be used for higher-value products; and(iii) are harvested in accordance with-(I) applicable law and land management plans; and(II) the requirements for-(aa) old-growth maintenance, restoration, and management direction of paragraphs (2), (3), and (4) of subsection (e) of section 6512 of title 16; and(bb) large-tree retention of subsection (f) of that section; or(B) any organic matter that is available on a renewable or recurring basis from non-Federal land or land belonging to an Indian or Indian tribe that is held in trust by the United States or subject to a restriction against alienation imposed by the United States, including-(i) renewable plant material, including-(I) feed grains;(II) other agricultural commodities;(III) other plants and trees; and(IV) algae; and(ii) waste material, including-(I) crop residue;(II) other vegetative waste material (including wood waste and wood residues);(III) animal waste and byproducts (including fats, oils, greases, and manure); and(IV) food waste and yard waste.
- renewable chemical
- The term "renewable chemical" means a monomer, polymer, plastic, formulated product, or chemical substance produced from renewable biomass.
- renewable energy
- The term "renewable energy" means energy derived from-(A) a wind, solar, renewable biomass, ocean (including tidal, wave, current, and thermal), geothermal, or hydroelectric source; or(B) hydrogen derived from renewable biomass or water using an energy source described in subparagraph (A).