[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1542 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 1542
To amend the Farm Security and Rural Investment Act of 2002 to provide
grants for deployment of renewable fuel infrastructure, to finalize
proposed rules relating to requirements for E15 fuel dispenser labeling
and underground storage tank compatibility, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 3, 2021
Mrs. Axne (for herself, Mr. Rodney Davis of Illinois, Ms. Craig, Mr.
Johnson of South Dakota, Mr. Smith of Nebraska, Mr. Pocan, Mr.
Feenstra, Mr. Hagedorn, Mr. Bost, Mrs. Bustos, Mr. Baird, Mr. Emmer,
Mr. Bacon, Mrs. Hinson, and Mrs. Fischbach) introduced the following
bill; which was referred to the Committee on Energy and Commerce, and
in addition to the Committee on Agriculture, 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 Farm Security and Rural Investment Act of 2002 to provide
grants for deployment of renewable fuel infrastructure, to finalize
proposed rules relating to requirements for E15 fuel dispenser labeling
and underground storage tank compatibility, 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 Infrastructure
Investment and Market Expansion Act of 2021''.
SEC. 2. GRANTS FOR DEPLOYMENT OF RENEWABLE FUEL INFRASTRUCTURE.
Title IX of the Farm Security and Rural Investment Act of 2002 (7
U.S.C. 8101 et seq.) is amended by adding at the end the following:
``SEC. 9015. RENEWABLE FUEL INFRASTRUCTURE GRANT PROGRAM.
``(a) Definition of Eligible Entity.--In this section, the term
`eligible entity' means--
``(1) a State or unit of local government;
``(2) a Tribal government;
``(3) an authority, agency, partnership, or instrumentality
of an entity described in paragraph (1) or (2); and
``(4) a group of entities described in paragraphs (1)
through (3).
``(b) Establishment.--Not later than 1 year after the date of
enactment of this section, the Secretary shall establish a grant
program to award grants to eligible entities to carry out the
activities described in subsection (e).
``(c) Applications.--An eligible entity desiring a grant under this
section shall submit to the Secretary an application at such time, in
such manner, and containing such information as the Secretary may
require.
``(d) Eligibility Criteria.--In selecting an eligible entity to
receive a grant under this section, the Secretary shall consider the
extent to which the application of the eligible entity proposes--
``(1) to convert existing pump infrastructure to deliver
ethanol blends with greater than 10 percent ethanol;
``(2) to diversify the geographic area selling ethanol
blends with greater than 10 percent ethanol;
``(3) to support existing or emerging biodiesel, bioheat,
and sustainable aviation fuel markets that have existing
incentives;
``(4) to increase the use of existing fuel delivery
infrastructure;
``(5) to enable or accelerate the deployment of renewable
fuel infrastructure that would be unlikely to be completed
without Federal assistance; and
``(6) to build and retrofit traditional and pipeline
biodiesel terminal operations (including rail lines) and home
heating oil distribution centers or equivalent entities--
``(A) to blend biodiesel; and
``(B) to carry ethanol and biodiesel.
``(e) Eligible Use.--An eligible entity that receives a grant under
this section may use the grant funds--
``(1) to distribute to private or public entities for costs
related to incentivizing deployment of renewable fuel
infrastructure;
``(2) to convert existing pump infrastructure to deliver
ethanol blends greater than 10 percent and biodiesel blends
greater than 20 percent;
``(3) to install fuel pumps and related infrastructure
dedicated to the distribution of higher ethanol blends
(including E15 and E85) and higher biodiesel blends up to B100
at fueling locations, including--
``(A) local fueling stations;
``(B) convenience stores;
``(C) hypermarket fueling stations; and
``(D) fleet facilities or similar entities; and
``(4) to build and retrofit traditional and pipeline
biodiesel terminal operations (including rail lines) and home
heating oil distribution centers or equivalent entities--
``(A) to blend biodiesel; and
``(B) to carry ethanol and biodiesel.
``(f) Certification Requirement.--Any infrastructure used or
installed with grant funds provided under this section shall be
certified by the Underwriters Laboratory as infrastructure that
distributes blends with an ethanol content of 25 percent or greater.
``(g) Funding.--
``(1) Federal share.--The Federal share of the total cost
of carrying out a project awarded a grant under this section
shall not exceed 75 percent.
``(2) Maximum percentage for certain activities.--An
eligible entity receiving a grant under this section shall
ensure that Federal funds do not exceed--
``(A) 75 percent of the per pump cost for--
``(i) pumps that can dispense a range of
ethanol blends of E85 or lower (new pumps or
retrofit of existing pumps); and
``(ii) dedicated E15 or E85 pumps (new
pumps or retrofit of existing pumps);
``(B) 50 percent of the terminal cost for terminals
with B100 capabilities; or
``(C) 25 percent of the per tank cost for new
storage tanks and related equipment associated with new
facilities or additional capacity other than
replacement of existing storage tanks and related
equipment associated with existing facilities.
``(h) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $100,000,000
for each of fiscal years 2021 through 2025.''.
SEC. 3. REPEAL OF E15 FUEL DISPENSER LABELING REQUIREMENTS.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Administrator of the Environmental Protection Agency
(referred to in this Act as the ``Administrator'') shall finalize the
proposed rule of the Administrator entitled ``E15 Fuel Dispenser
Labeling and Compatibility With Underground Storage Tanks'' (86 Fed.
Reg. 5094 (January 19, 2021)) with respect to the amendments proposed
to be made by that rule to part 80 of title 40, Code of Federal
Regulations (as in effect on the date of enactment of this Act).
(b) Requirements.--In carrying out subsection (a), the
Administrator shall ensure that the final rule required under that
subsection--
(1) eliminates the E15 labeling requirement;
(2) is published in the Federal Register; and
(3) is, to the extent practicable, in compliance with all
applicable provisions of chapter 5 of title 5, United States
Code (commonly known as the ``Administrative Procedures Act'')
and all other provisions of law relating to rulemaking
procedures.
(c) Collaboration.--In carrying out this section, the Administrator
shall collaborate with the Chair of the Federal Trade Commission to
harmonize the rule required under subsection (a) with related
automotive fuel rating labeling requirements under section 306.10 of
title 16, Code of Federal Regulations (or successor regulations).
(d) Report.--Not later than 180 days after the Administrator
finalizes the rule required under subsection (a), the Administrator
shall submit to the Committees on Agriculture, Nutrition, and Forestry,
Energy and Natural Resources, and Environment and Public Works of the
Senate and the Committees on Agriculture, Energy and Commerce, and
Science, Space, and Technology of the House of Representatives a report
that summarizes the major activities taken to carry out subsections (a)
and (b).
SEC. 4. UPDATES TO UNDERGROUND STORAGE TANK COMPATIBILITY REQUIREMENTS.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Administrator shall finalize the proposed rule of the
Administrator entitled ``E15 Fuel Dispenser Labeling and Compatibility
With Underground Storage Tanks'' (86 Fed. Reg. 5094 (January 19, 2021))
with respect to the amendments proposed to be made by that rule to
parts 280 and 281 of title 40, Code of Federal Regulations (as in
effect on the date of enactment of this Act).
(b) Requirements.--In carrying out subsection (a), the
Administrator shall ensure that the final rule required under that
subsection--
(1) is published in the Federal Register; and
(2) is, to the extent practicable, in compliance with all
applicable provisions of chapter 5 of title 5, United States
Code (commonly known as the ``Administrative Procedures Act'')
and all other provisions of law relating to rulemaking
procedures.
(c) Report.--Not later than 180 days after the Administrator
finalizes the rule required under subsection (a), the Administrator
shall submit to the Committees on Agriculture, Nutrition, and Forestry,
Energy and Natural Resources, and Environment and Public Works of the
Senate and the Committees on Agriculture, Energy and Commerce, and
Science, Space, and Technology of the House of Representatives a report
that summarizes the major activities taken to carry out subsections (a)
and (b).
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