12 2 STA T . 2 075PUBLIC LA W 110 – 2 46—J U NE 1 8, 2008 par a g rap h(1),t h e a u th o r i t y a ndf un c tion s set forth in R eorga - ni z ation Pl an N u mb ered 1 4 of1 950 (5 U.S . C . A pp) and section 3 145 of title 40, United States Code. ‘ ‘(h) FUNDI N G . — ‘‘(1) MA NDA TORYF UNDING.— O f the funds of the Commodity Credit Corporation, the Secretary shall use for the cost of loan guarantees under this section, to remain a v ailable until e x pended— ‘‘(A) $7 5,000,000 for fiscal year 2 009
and ‘‘( B ) $245,000,000 for fiscal year 2010. ‘‘(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- ized to be appropriated to carry out this section $150,000,000 for each of fiscal years 2009 through 2012. ‘ ‘ SEC.90 0 4 . R E POW ER INGA SSIS T ANCE. ‘‘(a) IN G ENERA L .— T he Secretary shall carry out a program to encourage biorefineries in existence on the date of enactment of the Food, Conservation, and E nergy Act of 200 8 to replace fossil fuels used to produce heat or po w er to operate the biorefineries by ma k ing payments for— ‘‘(1) the installation of new systems that use renewable biomass; or ‘‘(2) the new production of energy from renewable biomass. ‘‘(b) PAY M ENTS.— ‘‘(1) IN GENERAL.—The Secretary may make payments under this section to any biorefinery that meets the re q uire- ments of this section for a period determined by the Secretary. ‘‘(2) AMOUNT.—The Secretary shall determine the amount of payments to be made under this section to a biorefinery after considering— ‘‘(A) the quantity of fossil fuels a renewable biomass system is replacing; ‘‘(B) the percentage reduction in fossil fuel used by the biorefinery that will result from the installation of the renewable biomass system; and ‘‘(C) the cost and cost effectiveness of the renewable biomass system. ‘‘(c) ELIGI B ILITY.—To be eligible to receive a payment under this section, a biorefinery shall demonstrate to the Secretary that the renewable biomass system of the biorefinery is feasible based on an independent feasibility study that takes into account the economic, technical and environmental aspects of the system. ‘‘(d) FUNDING.— ‘‘(1) MANDATORY FUNDING.—Of the funds of the Commodity Credit Corporation, the Secretary shall use to make payments under this section $35,000,000 for fiscal year 2009, to remain available until expended. ‘‘(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 $15,000,000 for each of fiscal years 2009 through 2012. ‘‘SEC. 900 5 . B IOENERG Y PROGRA MF ORA DV ANCED BIOF U E L S. ‘‘(a) DEFINITION OF ELIGIBLE PRODUCER.—In this section, the term ‘eligible producer ’ means a producer of advanced biofuels. 7USC8105. 7 USC 810 4 .
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