S. 2155

A bill to amend the Farm Security and Rural Investment Act of 2002 to promote biobased manufacturing.

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II

112th CONGRESS

2d Session

S. 2155

IN THE SENATE OF THE UNITED STATES

March 5, 2012

Ms. Stabenow (for herself, Mr. Brown of Ohio, Ms. Klobuchar, Mr. Coons, Mr. Conrad, Mr. Casey, Mr. Tester, Mr. Carper, Mr. Harkin, and Mr. Nelson of Nebraska) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry

A BILL

To amend the Farm Security and Rural Investment Act of 2002 to promote biobased manufacturing.

1.

Definitions

Section 9001 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8101) is amended—

(1)

in paragraph (6)—

(A)

in subparagraph (C), by striking or;

(B)

in subparagraph (D), by striking the period at the end and inserting ; or; and

(C)

by adding at the end the following:

(E)

renewable chemicals.

;

(2)

in paragraph (7), by striking subparagraph (A) and inserting the following:

(A)

converts renewable biomass into biofuels, renewable chemicals, or biobased products; and

;

(3)

in paragraph (11), by striking or compound and inserting , compound, or renewable chemical;

(4)

by redesignating paragraphs (13) and (14) as paragraphs (14) and (15), respectively; and

(5)

by inserting after paragraph (12) the following:

(13)

Renewable chemical

The term renewable chemical means a monomer, polymer, plastic, formulated product, or chemical substance produced from renewable biomass.

.

2.

Biobased markets program

(a)

In general

Section 9002 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8102) is amended—

(1)

in subsection (a)—

(A)

in paragraph (2)(A)(i)—

(i)

in subclause (I), by striking and at the end;

(ii)

in subclause (II)(bb), by striking the period at the end and inserting ; and; and

(iii)

by adding at the end the following:

(III)

establish a targeted biobased-only procurement requirement under which the procuring agency shall issue a certain number of biobased-only contracts when the procuring agency is purchasing products, or purchasing services that include the use of products, that are included in a biobased product category designated by the Secretary.

; and

(B)

in paragraph (3)—

(i)

in subparagraph (B)—

(I)

in clause (v)—

(aa)

by inserting as determined to be necessary by the Secretary based on the availability of data, before provide information; and

(bb)

by striking and at the end;

(II)

by redesignating clause (vi) as clause (vii); and

(III)

by inserting after clause (v) the following:

(vi)

require reporting of quantities and types of biobased products purchased by procuring agencies; and

; and

(ii)

by adding at the end the following:

(F)

Required designations

Not later than 1 year after the date of enactment of this subparagraph, the Secretary shall begin to designate intermediate ingredients or feedstocks and assembled and finished biobased products in the guidelines issued under this paragraph.

;

(2)

in subsection (b)—

(A)

in paragraph (3)—

(i)

by striking The Secretary and inserting the following:

(A)

In general

The Secretary

; and

(ii)

by adding at the end the following:

(B)

Auditing and compliance

The Secretary may carry out such auditing and compliance activities as the Secretary determines to be necessary to ensure compliance with subparagraph (A).

; and

(B)

by adding at the end the following:

(4)

Assembled and finished products

Not later than 1 year after the date of enactment of this paragraph, the Secretary shall begin issuing criteria for determining which assembled and finished products may qualify to receive the label under paragraph (1).

;

(3)

by redesignating subsections (d) through (h) as subsections (e) through (i), respectively;

(4)

by inserting after subsection (c) the following:

(d)

Outreach, education, and promotion

(1)

In general

The Secretary may engage in outreach, educational, and promotional activities intended to increase knowledge, awareness, and benefits of biobased products.

(2)

Authorized activities

In carrying out this subsection, the Secretary, at a minimum, may—

(A)

conduct consumer education and outreach (including consumer and awareness surveys);

(B)

conduct outreach to and support for State and local governments interested in implementing biobased purchasing programs;

(C)

partner with industry and nonprofit groups to produce educational and outreach materials and conduct educational and outreach events;

(D)

sponsor special conferences and events to bring together buyers and sellers of biobased products; and

(E)

support pilot and demonstration projects.

; and

(5)

in subsection (h) (as redesignated by paragraph (3))—

(A)

in paragraph (2)—

(i)

in subparagraph (A), by striking and at the end;

(ii)

in subparagraph (B)(ii), by striking the period at the end and inserting a semicolon; and

(iii)

by adding at the end the following:

(C)

the progress made by other Federal agencies in compliance with the biobased procurement requirements, including the quantity of purchases made; and

(D)

the status of outreach, educational, and promotional activities carried out by the Secretary under subsection (d), including the attainment of specific milestones and overall results.

; and

(B)

by adding at the end the following:

(3)

Economic impact study and report

(A)

In general

The Secretary shall conduct a study to assess the economic impact of the biobased products industry, including—

(i)

the quantity of products sold;

(ii)

the value of the products;

(iii)

the quantity of jobs created;

(iv)

the quantity of petroleum displaced;

(v)

other environmental benefits; and

(vi)

areas in which the use or manufacturing of biobased products could be more effectively used, including identifying any technical and economic obstacles and recommending how those obstacles can be overcome.

(B)

Report

Not later than 180 days after the date of enactment of this subparagraph, the Secretary shall submit to Congress a report containing the results of the study conducted under subparagraph (A).

.

(b)

Conforming amendment

Section 944(c)(2)(A) of the Energy Policy Act of 2005 (42 U.S.C. 16253(c)(2)(A)) is amended by striking section 9002(h)(1) and inserting section 9002(b).

3.

Biorefinery, renewable chemical, and biobased product manufacturing assistance

Section 9003 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8103) is amended—

(1)

in the section heading, by inserting , renewable chemical, and biobased product manufacturing after Biorefinery;

(2)

in subsection (a), by inserting renewable chemicals, and biobased product manufacturing after advanced biofuels,; and

(3)

in subsection (c)—

(A)

in paragraph (2), by striking the period at the end and inserting ; and; and

(B)

by adding at the end the following:

(3)

grants and loan guarantees to fund the development and construction of renewable chemical and biobased product manufacturing facilities.

.

4.

Biomass research and development

Section 9008(e) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8108(e)) is amended—

(1)

in paragraph (3)—

(A)

in the matter preceding subparagraph (A), by striking 3;

(B)

by striking subparagraph (A); and

(C)

by redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B), respectively; and

(2)

in paragraph (6)(A)(iv), by striking (A), (B), and (C) and inserting (A) and (B).