[Congressional Bills 111th Congress]
[From the U.S. Government Publishing 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.
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