# § 8105. Bioenergy program for advanced biofuels
**(a)** **Definition of eligible producer** In this section, the term “eligible producer” means a producer of advanced biofuels.
**(b)** **Payments** The Secretary shall make payments to eligible producers to support and ensure an expanding production of advanced biofuels.
**(c)** **Contracts** To receive a payment, an eligible producer shall—
**(1)** enter into a contract with the Secretary for production of advanced biofuels; and
**(2)** submit to the Secretary such records as the Secretary may require as evidence of the production of advanced biofuels.
**(d)** **Basis for payments** The Secretary shall make payments under this section to eligible producers based on—
**(1)** the quantity and duration of production by the eligible producer of an advanced biofuel;
**(2)** the net nonrenewable energy content of the advanced biofuel, if sufficient data is available, as determined by the Secretary; and
**(3)** other appropriate factors, as determined by the Secretary.
**(e)** **Equitable distribution**
**(1)** **Amount** The Secretary shall limit the amount of payments that may be received by a single eligible producer under this section in order to distribute the total amount of funding available in an equitable manner.
**(2)** **Feedstock** The total amount of payments made in a fiscal year under this section to one or more eligible producers for the production of advanced biofuels derived from a single eligible commodity, including intermediate ingredients of that single commodity or use of that single commodity and its intermediate ingredients in combination with another commodity, shall not exceed one-third of the total amount of funds made available under subsection (g).
**(f)** **Other requirements** To receive a payment under this section, an eligible producer shall meet any other requirements of Federal and State law (including regulations) applicable to the production of advanced biofuels.
**(g)** **Funding**
**(1)** **Mandatory funding** Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section, to remain available until expended—
**(A)** $55,000,000 for fiscal year 2009;
**(B)** $55,000,000 for fiscal year 2010;
**(C)** $85,000,000 for fiscal year 2011;
**(D)** $105,000,000 for fiscal year 2012;
**(E)** $15,000,000 for each of fiscal years 2014 through 2018; and
**(F)** $7,000,000 for each of fiscal years 2019 through 2031.
**(2)** **Discretionary funding** In addition to any other funds made available to carry out this section, there is authorized to be appropriated to carry out this section $20,000,000 for each of fiscal years 2019 through 2023.
**(3)** **Limitation** Of the funds provided for each fiscal year, not more than 5 percent of the funds shall be made available to eligible producers for production at facilities with a total refining capacity exceeding 150,000,000 gallons per year.
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**Source Credit**: (Pub. L. 107–171, title IX, § 9005, as added Pub. L. 110–234, title IX, § 9001(a), May 22, 2008, 122 Stat. 1314, and Pub. L. 110–246, § 4(a), title IX, § 9001(a), June 18, 2008, 122 Stat. 1664, 2075; amended Pub. L. 112–240, title VII, § 701(f)(4), Jan. 2, 2013, 126 Stat. 2365; Pub. L. 113–79, title IX, § 9005, Feb. 7, 2014, 128 Stat. 930; Pub. L. 115–334, title IX, § 9005, Dec. 20, 2018, 132 Stat. 4885; Pub. L. 118–22, div. B, title I, § 102(d)(6)(B), Nov. 17, 2023, 137 Stat. 117; Pub. L. 119–21, title I, § 10605, July 4, 2025, 139 Stat. 109.)
## Editorial Notes
### Codification
and enacted identical sections. was repealed by .
### Prior Provisions
A prior section 8105, , , , related to an energy audit and renewable energy development program, prior to the general amendment of this chapter by .
### Amendments
2025—Subsec. (g)(1)(F). substituted “2031” for “2024”.
2023—Subsec. (g)(1)(F). substituted “2024” for “2023”.
2018—Subsec. (e). , designated existing provisions as par. (1), inserted heading, substituted “The Secretary shall” for “The Secretary may” and added par. (2).
Subsec. (g)(1)(F). , added subpar. (F).
Subsec. (g)(2). , substituted “2019 through 2023” for “2014 through 2018”.
2014—Subsec. (g)(1)(E). , added subpar. (E).
Subsec. (g)(2). , substituted “$20,000,000 for each of fiscal years 2014 through 2018” for “$25,000,000 for each of fiscal years 2009 through 2013”.
2013—Subsec. (g)(2). substituted “2013” for “2012”.
## Statutory Notes and Related Subsidiaries
### Effective Date of 2023 Amendment
Amendment by to be applied and administered as if enacted on , see , set out in an Extension of Agricultural Programs note under .
### Effective Date of 2013 Amendment
Amendment by effective , see , set out in a 1-Year Extension of Agricultural Programs note under .
### Effective Date
Enactment of this section and repeal of by effective , the date of enactment of , see , set out as a note under .