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# Sec. 10605. Energy | Law as Amended
- URL: https://obbba-ghost.demo.discussionbridge.dev/sec-10605-energy-law-as-amended/
- Published: 2025-07-31T02:27:24.000Z
- Updated: 2026-09-26T10:35:09.000Z
- Author: Ghost
- Tags: #discussionbridge-source, #discussionbridge-topic-475, #discussionbridge-revision-79d085426644f1e6cbed3553c50ea9b33bc5143d4567a29c382b8c9dc55373ad, #discussionbridge-resource-0be1cf0d-a2eb-4e78-8a49-ed8d7cc6eaa7, #discussionbridge-source-obbba-law-as-amended, #discussionbridge-source-law-as-amended, #discussionbridge-source-subtitle-f-additional-investments-in-rural-america, #discussionbridge-source-title-i, Law as Amended

### §8105\. Bioenergy program for advanced biofuels

#### (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 through2031.

#### (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.

[\[1\]](#footnote-482-1) 7 U.S.C. 8105(g)(1)(F)

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1. Footnotes [↩︎](#footnote-ref-482-1)

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