---
kind: "section"
citation: "42 U.S.C. § 16232"
title: "42"
title_heading: "The Public Health and Welfare"
number: "16232"
heading: "Bioenergy program"
release: "119-102"
url: "https://uscodex.org/usc/42/16232"
units:
  - "Chapter 149 — National Energy Policy and Programs"
  - "Subchapter IX — Research and Development"
  - "Part C — Renewable Energy"
---

# §16232. Bioenergy program

- (a) **Definitions—** In this section:
  - (1) **Biomass—** The term “biomass” means—
    - (A) any organic material grown for the purpose of being converted to [energy](/usc/42/6311.md?p=7);
    - (B) any organic byproduct of agriculture (including wastes from food production and processing) that can be converted into [energy](/usc/42/6311.md?p=7); or
    - (C) any waste material that can be converted to [energy](/usc/42/6311.md?p=7), is segregated from other waste materials, and is derived from—
      - (i) any of the following forest-related resources: mill residues, precommercial thinnings, slash, brush, or otherwise nonmerchantable material; or
      - (ii) wood waste materials, including waste pallets, crates, dunnage, manufacturing and [construction](/usc/42/7479.md?p=2-C) wood wastes (other than pressure-treated, chemically-treated, or painted wood wastes), and landscape or right-of-way tree trimmings, but not including [municipal solid waste](/usc/42/7546.md?p=a-1), gas derived from the biodegradation of [municipal solid waste](/usc/42/7546.md?p=a-1), or paper that is commonly recycled.
  - (2) **Lignocellulosic feedstock—** The term “lignocellulosic feedstock” means any portion of a plant or coproduct from conversion, including crops, trees, forest residues, and agricultural residues not specifically grown for food, including from barley grain, grapeseed, rice bran, rice hulls, rice straw, soybean matter, and sugarcane bagasse.
- (b) **Program—** The [Secretary](/usc/42/15801.md?p=4) shall conduct a [program](/usc/42/274l–1.md?p=4) of research, development, demonstration, and commercial application for bioenergy, including—
  - (1) biopower [energy](/usc/42/6311.md?p=7) systems;
  - (2) biofuels;
  - (3) bioproducts;
  - (4) integrated biorefineries that may produce biopower, biofuels, and bioproducts;
  - (5) cross-cutting research and development in feedstocks; and
  - (6) economic analysis.
- (c) **Biofuels and bioproducts—** The goals of the biofuels and bioproducts [programs](/usc/42/274l–1.md?p=4) shall be to develop, in partnership with industry and institutions of higher education—
  - (1) advanced biochemical and thermochemical conversion technologies capable of making fuels from [lignocellulosic feedstocks](#a-2) that are price-competitive with gasoline or diesel in either internal combustion engines or fuel cell-powered vehicles;
  - (2) advanced biotechnology processes capable of making biofuels and bioproducts with emphasis on development of biorefinery technologies using enzyme-based processing systems;
  - (3) advanced biotechnology processes capable of increasing [energy](/usc/42/6311.md?p=7) production from [lignocellulosic feedstocks](#a-2), with emphasis on reducing the dependence of industry on fossil fuels in manufacturing [facilities](/usc/42/11049.md?p=4); and
  - (4) other advanced processes that will enable the development of [cost-effective](/usc/42/1396e.md?p=e-2) bioproducts, including biofuels.
- (d) **Integrated biorefinery demonstration projects—**
  - (1) **In general—** The [Secretary](/usc/42/15801.md?p=4) shall carry out a [program](/usc/42/274l–1.md?p=4) to demonstrate the commercial application of integrated biorefineries. The [Secretary](/usc/42/15801.md?p=4) shall ensure geographical distribution of biorefinery demonstrations under this subsection. The [Secretary](/usc/42/15801.md?p=4) shall not provide more than $100,000,000 under this subsection for any [single](/usc/42/2304.md?p=m) biorefinery demonstration. In making awards under this subsection, the [Secretary](/usc/42/15801.md?p=4) shall encourage—
    - (A) the demonstration of a wide variety of [lignocellulosic feedstocks](#a-2);
    - (B) the commercial application of [biomass](#a-1) technologies for a variety of uses, including—
      - (i) liquid transportation fuels;
      - (ii) high-value biobased chemicals;
      - (iii) substitutes for petroleum-based feedstocks and products; and
      - (iv) [energy](/usc/42/6311.md?p=7) in the form of electricity or useful heat; and
    - (C) the demonstration of the collection and [treatment](/usc/42/11851.md?p=11) of a variety of [biomass](#a-1) feedstocks.
  - (2) **Proposals—** Not later than 6 months after August 8, 2005, the [Secretary](/usc/42/15801.md?p=4) shall solicit proposals for demonstration of advanced biorefineries. The [Secretary](/usc/42/15801.md?p=4) shall select only proposals that—
    - (A) demonstrate that the [project](/usc/42/11360.md?p=20) will be able to operate profitably without direct Federal subsidy after initial [construction](/usc/42/7479.md?p=2-C) costs are paid; and
    - (B) enable the biorefinery to be easily replicated.
- (e) **University biodiesel program—** The [Secretary](/usc/42/15801.md?p=4) shall establish a demonstration [program](/usc/42/274l–1.md?p=4) to determine the feasibility of the operation of diesel electric power generators, using biodiesel fuels with ratings as high as B100, at electric generation [facilities](/usc/42/11049.md?p=4) owned by institutions of higher education. The [program](/usc/42/274l–1.md?p=4) shall examine—
  - (1) heat rates of diesel fuels with large quantities of cellulosic content;
  - (2) the reliability of operation of various fuel blends;
  - (3) performance in cold or freezing weather;
  - (4) stability of fuel after extended storage; and
  - (5) other criteria, as determined by the [Secretary](/usc/42/15801.md?p=4).
- (g) **[^1] Biorefinery energy efficiency—** The [Secretary](/usc/42/15801.md?p=4) shall establish a [program](/usc/42/274l–1.md?p=4) of research, development, demonstration, and commercial application for increasing [energy efficiency](/usc/42/6291.md?p=5) and reducing [energy](/usc/42/6311.md?p=7) consumption in the operation of biorefinery [facilities](/usc/42/11049.md?p=4).
- (h) **Retrofit technologies for the development of ethanol from cellulosic materials—** The [Secretary](/usc/42/15801.md?p=4) shall establish a [program](/usc/42/274l–1.md?p=4) of research, development, demonstration, and commercial application on technologies and processes to enable biorefineries that exclusively use corn grain or corn starch as a feedstock to produce ethanol to be retrofitted to accept a range of [biomass](#a-1), including [lignocellulosic feedstocks](#a-2).

## Footnotes

[^1]: So in original. No subsec. (f) has been enacted.

## Source credit

(Pub. L. 109–58, title IX, § 932, Aug. 8, 2005, 119 Stat. 870; Pub. L. 110–140, title II, § 224, Dec. 19, 2007, 121 Stat. 1533.)

## Notes

### Editorial Notes

### Amendments

2007—Subsecs. (g), (h). Pub. L. 110–140 added subsecs. (g) and (h).

### Statutory Notes and Related Subsidiaries

### Effective Date of 2007 Amendment

Amendment by Pub. L. 110–140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as an Effective Date note under section 1824 of Title 2, The Congress.