12 2 STA T . 1 3 1 4PUBLIC LA W 11 0– 234 —M A Y 22 , 200 8ther e n e wabl eb iom a s ss y stem o f the biorefinery is feasible base d on an inde p endent feasibility st u dy that ta k es into a c count the economic , technical and en v ironmental aspects of the system .‘ ‘ ( d )FUNDI N G . — ‘‘( 1 ) MA NDA TORYF UNDING.— O f the funds of the C ommodity Credit Corporation, the S ecretary shall use to make payments under this section $35 , 0 00,000 for fiscal year 2 00 9 , to remain available until e x pended. ‘‘(2) D I SC R E TIONARY FUNDING.— I n addition to any other funds made available to carry out this section, there is author - i z ed to be appropriated to carry out this section $15,000,000 for each of fiscal years 2009 throu g h 2012. ‘ ‘ SEC.90 0 5 . BIO E N E RGYP ROGR AMF ORA DV ANCED BIOF U E L S. ‘‘(a) DEFINITION OF EL IGI B LE P RODUCER.—In this section, the term ‘eligible producer ’ means a producer of advanced biofuels. ‘‘(b) PAY M ENTS.— T he 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 re q uire as evidence of the production of advanced biofuels. ‘‘(d) B ASIS 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 Sec- retary. ‘‘(e) E Q UITABLE 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) OT H ER R EQUIREMENTS.—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) $ 8 5,000,000 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 author- ized to be appropriated to carry out this section $25,000,000 for each of fiscal years 2009 through 2012. ‘‘(3) L IMITATION.—Of the funds provided for each fiscal year, not more than 5 percent of the funds shall be made Records.7USC8105 .
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