Renewable Fuel Infrastructure Investment and Market Expansion Act of 2021

I 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 pro- posed 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. JOHN- SON 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 Com- merce, and in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, in each case for consider- ation 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 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 VerDate Sep 11 2014 20:19 Apr 17, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1542.IH H1542 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 1542 IH SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Renewable Fuel Infra- 2 structure Investment and Market Expansion Act of 3 2021’’. 4 SEC. 2. GRANTS FOR DEPLOYMENT OF RENEWABLE FUEL 5 INFRASTRUCTURE. 6 Title IX of the Farm Security and Rural Investment 7 Act of 2002 (7 U.S.C. 8101 et seq.) is amended by adding 8 at the end the following: 9 ‘‘SEC. 9015. RENEWABLE FUEL INFRASTRUCTURE GRANT 10 PROGRAM. 11 ‘‘(a) DEFINITION OF ELIGIBLE ENTITY.—In this sec- 12 tion, the term ‘eligible entity’ means— 13 ‘‘(1) a State or unit of local government; 14 ‘‘(2) a Tribal government; 15 ‘‘(3) an authority, agency, partnership, or in- 16 strumentality of an entity described in paragraph 17 (1) or (2); and 18 ‘‘(4) a group of entities described in paragraphs 19 (1) through (3). 20 ‘‘(b) ESTABLISHMENT.—Not later than 1 year after 21 the date of enactment of this section, the Secretary shall 22 establish a grant program to award grants to eligible enti- 23 ties to carry out the activities described in subsection (e). 24 ‘‘(c) APPLICATIONS.—An eligible entity desiring a 25 grant under this section shall submit to the Secretary an 26 VerDate Sep 11 2014 20:19 Apr 17, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1542.IH H1542 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 1542 IH application at such time, in such manner, and containing 1 such information as the Secretary may require. 2 ‘‘(d) ELIGIBILITY CRITERIA.—In selecting an eligible 3 entity to receive a grant under this section, the Secretary 4 shall consider the extent to which the application of the 5 eligible entity proposes— 6 ‘‘(1) to convert existing pump infrastructure to 7 deliver ethanol blends with greater than 10 percent 8 ethanol; 9 ‘‘(2) to diversify the geographic area selling eth- 10 anol blends with greater than 10 percent ethanol; 11 ‘‘(3) to support existing or emerging biodiesel, 12 bioheat, and sustainable aviation fuel markets that 13 have existing incentives; 14 ‘‘(4) to increase the use of existing fuel delivery 15 infrastructure; 16 ‘‘(5) to enable or accelerate the deployment of 17 renewable fuel infrastructure that would be unlikely 18 to be completed without Federal assistance; and 19 ‘‘(6) to build and retrofit traditional and pipe- 20 line biodiesel terminal operations (including rail 21 lines) and home heating oil distribution centers or 22 equivalent entities— 23 ‘‘(A) to blend biodiesel; and 24 ‘‘(B) to carry ethanol and biodiesel. 25 VerDate Sep 11 2014 20:19 Apr 17, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1542.IH H1542 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 1542 IH ‘‘(e) ELIGIBLE USE.—An eligible entity that receives 1 a grant under this section may use the grant funds— 2 ‘‘(1) to distribute to private or public entities 3 for costs related to incentivizing deployment of re- 4 newable fuel infrastructure; 5 ‘‘(2) to convert existing pump infrastructure to 6 deliver ethanol blends greater than 10 percent and 7 biodiesel blends greater than 20 percent; 8 ‘‘(3) to install fuel pumps and related infra- 9 structure dedicated to the distribution of higher eth- 10 anol blends (including E15 and E85) and higher 11 biodiesel blends up to B100 at fueling locations, in- 12 cluding— 13 ‘‘(A) local fueling stations; 14 ‘‘(B) convenience stores; 15 ‘‘(C) hypermarket fueling stations; and 16 ‘‘(D) fleet facilities or similar entities; and 17 ‘‘(4) to build and retrofit traditional and pipe- 18 line biodiesel terminal operations (including rail 19 lines) and home heating oil distribution centers or 20 equivalent entities— 21 ‘‘(A) to blend biodiesel; and 22 ‘‘(B) to carry ethanol and biodiesel. 23 ‘‘(f) CERTIFICATION REQUIREMENT.—Any infra- 24 structure used or installed with grant funds provided 25 VerDate Sep 11 2014 20:19 Apr 17, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1542.IH H1542 pbinns on DSKJLVW7X2PROD with BILLS 5 •HR 1542 IH under this section shall be certified by the Underwriters 1 Laboratory as infrastructure that distributes blends with 2 an ethanol content of 25 percent or greater. 3 ‘‘(g) FUNDING.— 4 ‘‘(1) FEDERAL SHARE.—The Federal share of 5 the total cost of carrying out a project awarded a 6 grant under this section shall not exceed 75 percent. 7 ‘‘(2) MAXIMUM PERCENTAGE FOR CERTAIN AC- 8 TIVITIES.—An eligible entity receiving a grant under 9 this section shall ensure that Federal funds do not 10 exceed— 11 ‘‘(A) 75 percent of the per pump cost 12 for— 13 ‘‘(i) pumps that can dispense a range 14 of ethanol blends of E85 or lower (new 15 pumps or retrofit of existing pumps); and 16 ‘‘(ii) dedicated E15 or E85 pumps 17 (new pumps or retrofit of existing pumps); 18 ‘‘(B) 50 percent of the terminal cost for 19 terminals with B100 capabilities; or 20 ‘‘(C) 25 percent of the per tank cost for 21 new storage tanks and related equipment asso- 22 ciated with new facilities or additional capacity 23 other than replacement of existing storage 24 VerDate Sep 11 2014 20:19 Apr 17, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1542.IH H1542 pbinns on DSKJLVW7X2PROD with BILLS 6 •HR 1542 IH tanks and related equipment associated with ex- 1 isting facilities. 2 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There 3 is authorized to be appropriated to the Secretary to carry 4 out this section $100,000,000 for each of fiscal years 2021 5 through 2025.’’. 6 SEC. 3. REPEAL OF E15 FUEL DISPENSER LABELING RE- 7 QUIREMENTS. 8 (a) IN GENERAL.—Not later than 90 days after the 9 date of enactment of this Act, the Administrator of the 10 Environmental Protection Agency (referred to in this Act 11 as the ‘‘Administrator’’) shall finalize the proposed rule 12 of the Administrator entitled ‘‘E15 Fuel Dispenser Label- 13 ing and Compatibility With Underground Storage Tanks’’ 14 (86 Fed. Reg. 5094 (January 19, 2021)) with respect to 15 the amendments proposed to be made by that rule to part 16 80 of title 40, Code of Federal Regulations (as in effect 17 on the date of enactment of this Act). 18 (b) REQUIREMENTS.—In carrying out subsection (a), 19 the Administrator shall ensure that the final rule required 20 under that subsection— 21 (1) eliminates the E15 labeling requirement; 22 (2) is published in the Federal Register; and 23 (3) is, to the extent practicable, in compliance 24 with all applicable provisions of chapter 5 of title 5, 25 VerDate Sep 11 2014 20:19 Apr 17, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1542.IH H1542 pbinns on DSKJLVW7X2PROD with BILLS 7 •HR 1542 IH United States Code (commonly known as the ‘‘Ad- 1 ministrative Procedures Act’’) and all other provi- 2 sions of law relating to rulemaking procedures. 3 (c) COLLABORATION.—In carrying out this section, 4 the Administrator shall collaborate with the Chair of the 5 Federal Trade Commission to harmonize the rule required 6 under subsection (a) with related automotive fuel rating 7 labeling requirements under section 306.10 of title 16, 8 Code of Federal Regulations (or successor regulations). 9 (d) REPORT.—Not later than 180 days after the Ad- 10 ministrator finalizes the rule required under subsection 11 (a), the Administrator shall submit to the Committees on 12 Agriculture, Nutrition, and Forestry, Energy and Natural 13 Resources, and Environment and Public Works of the 14 Senate and the Committees on Agriculture, Energy and 15 Commerce, and Science, Space, and Technology of the 16 House of Representatives a report that summarizes the 17 major activities taken to carry out subsections (a) and (b). 18 SEC. 4. UPDATES TO UNDERGROUND STORAGE TANK COM- 19 PATIBILITY REQUIREMENTS. 20 (a) IN GENERAL.—Not later than 90 days after the 21 date of enactment of this Act, the Administrator shall fi- 22 nalize the proposed rule of the Administrator entitled 23 ‘‘E15 Fuel Dispenser Labeling and Compatibility With 24 Underground Storage Tanks’’ (86 Fed. Reg. 5094 (Janu- 25 VerDate Sep 11 2014 20:19 Apr 17, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1542.IH H1542 pbinns on DSKJLVW7X2PROD with BILLS 8 •HR 1542 IH ary 19, 2021)) with respect to the amendments proposed 1 to be made by that rule to parts 280 and 281 of title 40, 2 Code of Federal Regulations (as in effect on the date of 3 enactment of this Act). 4 (b) REQUIREMENTS.—In carrying out subsection (a), 5 the Administrator shall ensure that the final rule required 6 under that subsection— 7 (1) is published in the Federal Register; and 8 (2) is, to the extent practicable, in compliance 9 with all applicable provisions of chapter 5 of title 5, 10 United States Code (commonly known as the ‘‘Ad- 11 ministrative Procedures Act’’) and all other provi- 12 sions of law relating to rulemaking procedures. 13 (c) REPORT.—Not later than 180 days after the Ad- 14 ministrator finalizes the rule required under subsection 15 (a), the Administrator shall submit to the Committees on 16 Agriculture, Nutrition, and Forestry, Energy and Natural 17 Resources, and Environment and Public Works of the 18 Senate and the Committees on Agriculture, Energy and 19 Commerce, and Science, Space, and Technology of the 20 House of Representatives a report that summarizes the 21 major activities taken to carry out subsections (a) and (b). 22 Æ VerDate Sep 11 2014 20:19 Apr 17, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6301 E:\BILLS\H1542.IH H1542 pbinns on DSKJLVW7X2PROD with BILLS