Renewable Fuel Infrastructure Investment and Market Expansion Act of 2021

II 117TH CONGRESS 1ST SESSION S. 227 To amend the Farm Security and Rural Investment Act of 2002 to provide grants for deployment of renewable fuel infrastructure, to finalize pro- posed rules relating to requirements for E15 fuel dispenser labeling and underground storage tank compatibility, and for other purposes. IN THE SENATE OF THE UNITED STATES FEBRUARY 4, 2021 Ms. KLOBUCHAR (for herself and Ms. ERNST) introduced the following bill; which was read twice and referred to the Committee on Energy and Nat- ural Resources 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 un- derground storage tank compatibility, and for other pur- poses. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Renewable Fuel Infra- 4 structure Investment and Market Expansion Act of 5 2021’’. 6 VerDate Sep 11 2014 19:27 Feb 20, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S227.IS S227 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 227 IS SEC. 2. GRANTS FOR DEPLOYMENT OF RENEWABLE FUEL 1 INFRASTRUCTURE. 2 Title IX of the Farm Security and Rural Investment 3 Act of 2002 (7 U.S.C. 8101 et seq.) is amended by adding 4 at the end the following: 5 ‘‘SEC. 9015. RENEWABLE FUEL INFRASTRUCTURE GRANT 6 PROGRAM. 7 ‘‘(a) DEFINITION OF ELIGIBLE ENTITY.—In this sec- 8 tion, the term ‘eligible entity’ means— 9 ‘‘(1) a State or unit of local government; 10 ‘‘(2) a Tribal government; 11 ‘‘(3) an authority, agency, partnership, or in- 12 strumentality of an entity described in paragraph 13 (1) or (2); and 14 ‘‘(4) a group of entities described in paragraphs 15 (1) through (3). 16 ‘‘(b) ESTABLISHMENT.—Not later than 1 year after 17 the date of enactment of this section, the Secretary shall 18 establish a grant program to award grants to eligible enti- 19 ties to carry out the activities described in subsection (e). 20 ‘‘(c) APPLICATIONS.—An eligible entity desiring a 21 grant under this section shall submit to the Secretary an 22 application at such time, in such manner, and containing 23 such information as the Secretary may require. 24 ‘‘(d) ELIGIBILITY CRITERIA.—In selecting an eligible 25 entity to receive a grant under this section, the Secretary 26 VerDate Sep 11 2014 19:27 Feb 20, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S227.IS S227 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 227 IS shall consider the extent to which the application of the 1 eligible entity proposes— 2 ‘‘(1) to convert existing pump infrastructure to 3 deliver ethanol blends with greater than 10 percent 4 ethanol; 5 ‘‘(2) to diversify the geographic area selling eth- 6 anol blends with greater than 10 percent ethanol; 7 ‘‘(3) to support existing or emerging biodiesel, 8 bioheat, and sustainable aviation fuel markets that 9 have existing incentives; 10 ‘‘(4) to increase the use of existing fuel delivery 11 infrastructure; 12 ‘‘(5) to enable or accelerate the deployment of 13 renewable fuel infrastructure that would be unlikely 14 to be completed without Federal assistance; and 15 ‘‘(6) to build and retrofit traditional and pipe- 16 line biodiesel terminal operations (including rail 17 lines) and home heating oil distribution centers or 18 equivalent entities— 19 ‘‘(A) to blend biodiesel; and 20 ‘‘(B) to carry ethanol and biodiesel. 21 ‘‘(e) ELIGIBLE USE.—An eligible entity that receives 22 a grant under this section may use the grant funds— 23 VerDate Sep 11 2014 19:27 Feb 20, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S227.IS S227 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 227 IS ‘‘(1) to distribute to private or public entities 1 for costs related to incentivizing deployment of re- 2 newable fuel infrastructure; 3 ‘‘(2) to convert existing pump infrastructure to 4 deliver ethanol blends greater than 10 percent and 5 biodiesel blends greater than 20 percent; 6 ‘‘(3) to install fuel pumps and related infra- 7 structure dedicated to the distribution of higher eth- 8 anol blends (including E15 and E85) and higher 9 biodiesel blends up to B100 at fueling locations, in- 10 cluding— 11 ‘‘(A) local fueling stations; 12 ‘‘(B) convenience stores; 13 ‘‘(C) hypermarket fueling stations; and 14 ‘‘(D) fleet facilities or similar entities; and 15 ‘‘(4) to build and retrofit traditional and pipe- 16 line biodiesel terminal operations (including rail 17 lines) and home heating oil distribution centers or 18 equivalent entities— 19 ‘‘(A) to blend biodiesel; and 20 ‘‘(B) to carry ethanol and biodiesel. 21 ‘‘(f) CERTIFICATION REQUIREMENT.—Any infra- 22 structure used or installed with grant funds provided 23 under this section shall be certified by the Underwriters 24 VerDate Sep 11 2014 19:27 Feb 20, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S227.IS S227 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 227 IS Laboratory as infrastructure that distributes blends with 1 an ethanol content of 25 percent or greater. 2 ‘‘(g) FUNDING.— 3 ‘‘(1) FEDERAL SHARE.—The Federal share of 4 the total cost of carrying out a project awarded a 5 grant under this section shall not exceed 75 percent. 6 ‘‘(2) MAXIMUM PERCENTAGE FOR CERTAIN AC- 7 TIVITIES.—An eligible entity receiving a grant under 8 this section shall ensure that Federal funds do not 9 exceed— 10 ‘‘(A) 75 percent of the per pump cost 11 for— 12 ‘‘(i) pumps that can dispense a range 13 of ethanol blends of E85 or lower (new 14 pumps or retrofit of existing pumps); and 15 ‘‘(ii) dedicated E15 or E85 pumps 16 (new pumps or retrofit of existing pumps); 17 ‘‘(B) 50 percent of the terminal cost for 18 terminals with B100 capabilities; or 19 ‘‘(C) 25 percent of the per tank cost for 20 new storage tanks and related equipment asso- 21 ciated with new facilities or additional capacity 22 other than replacement of existing storage 23 tanks and related equipment associated with ex- 24 isting facilities. 25 VerDate Sep 11 2014 19:27 Feb 20, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S227.IS S227 pamtmann on DSKBC07HB2PROD with BILLS 6 •S 227 IS ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There 1 is authorized to be appropriated to the Secretary to carry 2 out this section $100,000,000 for each of fiscal years 2021 3 through 2025.’’. 4 SEC. 3. REPEAL OF E15 FUEL DISPENSER LABELING RE- 5 QUIREMENTS. 6 (a) IN GENERAL.—Not later than 90 days after the 7 date of enactment of this Act, the Administrator of the 8 Environmental Protection Agency (referred to in this Act 9 as the ‘‘Administrator’’) shall finalize the proposed rule 10 of the Administrator entitled ‘‘E15 Fuel Dispenser Label- 11 ing and Compatibility With Underground Storage Tanks’’ 12 (86 Fed. Reg. 5094 (January 19, 2021)) with respect to 13 the amendments proposed to be made by that rule to part 14 80 of title 40, Code of Federal Regulations (as in effect 15 on the date of enactment of this Act). 16 (b) REQUIREMENTS.—In carrying out subsection (a), 17 the Administrator shall ensure that the final rule required 18 under that subsection— 19 (1) eliminates the E15 labeling requirement; 20 (2) is published in the Federal Register; and 21 (3) is, to the extent practicable, in compliance 22 with all applicable provisions of chapter 5 of title 5, 23 United States Code (commonly known as the ‘‘Ad- 24 VerDate Sep 11 2014 19:27 Feb 20, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S227.IS S227 pamtmann on DSKBC07HB2PROD with BILLS 7 •S 227 IS ministrative Procedures Act’’) and all other provi- 1 sions of law relating to rulemaking procedures. 2 (c) COLLABORATION.—In carrying out this section, 3 the Administrator shall collaborate with the Chair of the 4 Federal Trade Commission to harmonize the rule required 5 under subsection (a) with related automotive fuel rating 6 labeling requirements under section 306.10 of title 16, 7 Code of Federal Regulations (or successor regulations). 8 (d) REPORT.—Not later than 180 days after the Ad- 9 ministrator finalizes the rule required under subsection 10 (a), the Administrator shall submit to the Committees on 11 Agriculture, Nutrition, and Forestry, Energy and Natural 12 Resources, and Environment and Public Works of the 13 Senate and the Committees on Agriculture, Energy and 14 Commerce, and Science, Space, and Technology of the 15 House of Representatives a report that summarizes the 16 major activities taken to carry out subsections (a) and (b). 17 SEC. 4. UPDATES TO UNDERGROUND STORAGE TANK COM- 18 PATIBILITY REQUIREMENTS. 19 (a) IN GENERAL.—Not later than 90 days after the 20 date of enactment of this Act, the Administrator shall fi- 21 nalize the proposed rule of the Administrator entitled 22 ‘‘E15 Fuel Dispenser Labeling and Compatibility With 23 Underground Storage Tanks’’ (86 Fed. Reg. 5094 (Janu- 24 ary 19, 2021)) with respect to the amendments proposed 25 VerDate Sep 11 2014 19:27 Feb 20, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S227.IS S227 pamtmann on DSKBC07HB2PROD with BILLS 8 •S 227 IS to be made by that rule to parts 280 and 281 of title 40, 1 Code of Federal Regulations (as in effect on the date of 2 enactment of this Act). 3 (b) REQUIREMENTS.—In carrying out subsection (a), 4 the Administrator shall ensure that the final rule required 5 under that subsection— 6 (1) is published in the Federal Register; and 7 (2) is, to the extent practicable, in compliance 8 with all applicable provisions of chapter 5 of title 5, 9 United States Code (commonly known as the ‘‘Ad- 10 ministrative Procedures Act’’) and all other provi- 11 sions of law relating to rulemaking procedures. 12 (c) REPORT.—Not later than 180 days after the Ad- 13 ministrator finalizes the rule required under subsection 14 (a), the Administrator shall submit to the Committees on 15 Agriculture, Nutrition, and Forestry, Energy and Natural 16 Resources, and Environment and Public Works of the 17 Senate and the Committees on Agriculture, Energy and 18 Commerce, and Science, Space, and Technology of the 19 House of Representatives a report that summarizes the 20 major activities taken to carry out subsections (a) and (b). 21 Æ VerDate Sep 11 2014 19:27 Feb 20, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6301 E:\BILLS\S227.IS S227 pamtmann on DSKBC07HB2PROD with BILLS