Renewable Fuel Pipelines Act of 2009 - Amends the Energy Policy Act of 2005 to allow federally-guaranteed loans for renewable fuel pipeline construction without regard to whether an appropriation for the cost has been made. Includes ethanol and biodiesel as renewable fuel.
Allows a maximum guarantee by the Secretary of Energy of 90% of the project cost and more than one guarantee for a project (as long as the total guaranteed amount does not exceed 90%).
Sets forth factors to be considered in guarantee determinations, including volume and quality of fuel, size of markets served, experience of the entity working with renewable fuel, and associated storage, production, and terminal facilities.
Authorizes an entity implementing a fuel pipeline project for which a guarantee is made, when such entity is unable to acquire the necessary right-of-way to construct, operate, and maintain pipelines and the necessary land or property for the location of pump stations, pressure apparatus, and other necessary facilities or equipment by contract, to acquire what is necessary through eminent domain if determined by the Secretary to be necessary or desirable in the public interest.
Authorizes the Secretary to provide grants for renewable fuel pipeline projects to assist in carrying out permit acquisition, planning, and other preparatory activities in advance of participation in the guarantee program. Limits the sum of grants and amounts guaranteed for a project that receives both to 90% of the project's cost.
[Congressional Bills 111th Congress]
[From the U.S. Government Printing Office]
[H.R. 864 Introduced in House (IH)]
111th CONGRESS
1st Session
H. R. 864
To amend the Energy Policy Act of 2005 to provide loan guarantees for
projects to construct renewable fuel pipelines, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 4, 2009
Mr. Boswell (for himself, Mr. Terry, Mr. Braley of Iowa, Mr. Latham,
Mr. Peterson, Mr. Loebsack, and Mr. King of Iowa) introduced the
following bill; which was referred to the Committee on Energy and
Commerce, and in addition to the Committee on Transportation and
Infrastructure, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend the Energy Policy Act of 2005 to provide loan guarantees for
projects to construct renewable fuel pipelines, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Renewable Fuel Pipelines Act of
2009''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Creating the appropriate infrastructure to move
renewable fuels is a necessary energy and transportation
objective for the United States.
(2) Currently more than 70 percent of the gasoline supply
of the United States is delivered to local terminals through
pipelines.
(3) Pipelines are the most cost-effective, efficient, and
safe transportation mode in use today to deliver large volumes
of liquid fuels.
(4) Renewable fuels are currently transported by truck,
barge, and rail, and the volume requirements of the Energy
Independence and Security Act of 2007 may overwhelm the
renewable fuels infrastructure, a problem that would be
alleviated by the transportation of renewable fuels through
pipelines.
(5) The production and use of renewable fuels is supported
by Federal policy and a corresponding Federal policy is
necessary to support the construction of an appropriate
infrastructure to transport such fuels.
SEC. 3. LOAN GUARANTEES FOR PROJECTS TO CONSTRUCT RENEWABLE FUEL
PIPELINES.
(a) Definitions.--Section 1701 of the Energy Policy Act of 2005 (42
U.S.C. 16511) is amended by adding at the end the following:
``(6) Renewable fuel.--The term `renewable fuel' has the
meaning given the term in section 211(o)(1) of the Clean Air
Act (42 U.S.C. 7545(o)(1)), except that the term shall include
all ethanol and biodiesel.
``(7) Renewable fuel pipeline.--The term `renewable fuel
pipeline' means a common carrier pipeline for transporting
renewable fuel.''.
(b) Terms and Conditions.--
(1) Specific appropriation or contribution.--Subsection (b)
of section 1702 of the Energy Policy Act of 2005 (42 U.S.C.
16512) is amended--
(A) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and by moving
such subparagraphs 2 ems to the right;
(B) by striking ``(b) Specific Appropriation or
Contribution.--No guarantee'' and inserting the
following:
``(b) Specific Appropriation or Contribution.--
``(1) In general.--No guarantee''; and
(C) by adding at the end the following:
``(2) Renewable fuel pipelines.--The Secretary may waive
the application of paragraph (1) with respect to a guarantee
for a project described in section 1703(f)(1).''.
(2) Amount.--Subsection (c) of such section is amended--
(A) by striking ``(c) Amount.--Unless'' and
inserting the following:
``(c) Amount.--
``(1) In general.--Unless''; and
(B) by adding at the end the following:
``(2) Renewable fuel pipelines.--With respect to a project
described in section 1703(f)(1)--
``(A) a guarantee by the Secretary shall not exceed
an amount equal to 90 percent of the project cost of
the renewable fuel pipeline that is the subject of the
guarantee, as estimated at the time at which the
guarantee is issued; and
``(B) the Secretary may make more than one
guarantee for such project, to the extent that the sum
of all guarantees for such project does not exceed an
amount equal to 90 percent of the project cost of the
renewable fuel pipeline that is the subject of such
guarantees, as estimated any time after the original
guarantee is issued.''.
(c) Eligible Projects.--Section 1703 of the Energy Policy Act of
2005 (42 U.S.C. 16513) is amended by adding at the end the following:
``(f) Renewable Fuel Pipelines.--
``(1) In general.--The Secretary may make guarantees under
this title for projects to construct renewable fuel pipelines
without regard to any limitation under this section other than
a limitation under this subsection.
``(2) Guarantee determinations.--In determining whether to
make a guarantee for a project described in paragraph (1), the
Secretary shall consider the following:
``(A) The volume of renewable fuel to be moved by
the renewable fuel pipeline.
``(B) The size of the markets to be served by the
renewable fuel pipeline.
``(C) The existence of sufficient storage to
facilitate access to the markets to be served by the
renewable fuel pipeline.
``(D) The proximity of the renewable fuel pipeline
to renewable fuel production facilities.
``(E) The investment in terminal infrastructure of
the entity carrying out the proposed project.
``(F) The history and experience working with
renewable fuel of the entity carrying out the proposed
project.
``(G) The ability of the entity carrying out the
proposed project to ensure and maintain the quality of
the renewable fuel through the terminal system of the
entity and through the dedicated pipeline system.
``(H) The ability of the entity carrying out the
proposed project to complete such proposed project in a
timely manner.
``(I) The ability of the entity carrying out the
proposed project to secure property rights-of-way.
``(J) Other criteria the Secretary determines
appropriate for consideration.
``(3) Eminent domain authority.--When any entity in the
carrying out of a project described in paragraph (1) for which
a guarantee is made under this title cannot acquire by
contract, or is unable to agree with the owner of property to
the compensation to be paid for, the necessary right-of-way to
construct, operate, and maintain a pipeline or pipelines for
the transportation of renewable fuel, and the necessary land or
other property, in addition to right-of-way, for the location
of pump stations, pressure apparatus, or other facilities or
equipment necessary to the proper operation of such pipeline or
pipelines, it may acquire the same by the exercise of the right
of eminent domain in the district court of the United States
for the district in which such property may be located, or in
the State courts, if such exercise is first determined by the
Secretary to be necessary or desirable in the public interest.
The practice and procedure in any action or proceeding for that
purpose in the district court of the United States shall
conform as nearly as may be with the practice and procedure in
a similar action or proceeding in the courts of the State where
the property is situated. The United States district courts
shall only have jurisdiction of cases when the amount claimed
by the owner of the property to be condemned exceeds $3,000.''.
SEC. 4. FINAL RULE.
Not later than 90 days after the date of the enactment of this Act,
the Secretary of Energy shall publish in the Federal Register a final
rule for carrying out a guarantee program for the construction of
renewable fuel pipelines under title XVII of the Energy Policy Act of
2005 in accordance with the amendments made by this Act or shall modify
rules and regulations currently applicable to the guarantee program
under such title in accordance with the amendments made by this Act.
SEC. 5. GRANT PROGRAM FOR PREPARATION OF PROJECTS TO CONSTRUCT
RENEWABLE FUEL PIPELINES.
(a) In General.--The Secretary may provide grants for projects
described in section 1703(f)(1) of the Energy Policy Act of 2005, as
added by section 3(c) of this Act, to assist in carrying out permit
acquisition, planning, and other preparatory activities for such
projects in advance of participation in the guarantee program under
title XVII of the Energy Policy Act of 2005.
(b) No Impact on Eligibility for a Guarantee.--In determining
whether to make a guarantee for a project under title XVII of the
Energy Policy Act of 2005, the Secretary shall not take into
consideration whether a grant was provided for such project under this
section.
(c) Impact on Guarantee Amount.--In the case of a project for which
a grant is provided under this section and a loan guarantee is made
under title XVII of the Energy Policy Act of 2005, the sum with respect
to such project of grants provided under this section and amounts
guaranteed under title XVII of the Energy Policy Act of 2005 may not
exceed 90 percent of the project cost of such project as estimated at
the time at which a guarantee is issued.
(d) Definition of Secretary.--In this section, the term
``Secretary'' means the Secretary of Energy.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $50,000,000, to
remain available until expended.
<all>
Introduced in House
Introduced in House
Referred to House Energy and Commerce
Referred to the Committee on Energy and Commerce, and in addition to the Committee on Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to House Transportation and Infrastructure
Referred to the Subcommittee on Railroads, Pipelines, and Hazardous Materials.
Referred to the Subcommittee on Energy and Environment.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line