text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Renewable Fuels Pipelines Act of 
  2009''.
  
  SEC. 2. FINDINGS.
  
      Congress finds that--
              (1) creating the appropriate infrastructure to move 
          renewable fuels is a necessary energy and transportation 
          objective for the United States;
              (2) as of the date of enactment of this Act, 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 in 2009 to deliver large 
          volumes of liquid fuels;
              (4) as of the date of enactment of this Act, renewable 
          fuels are transported by truck, barge, and rail, and the volume 
          requirements of the Energy Independence and Security Act of 
          2007 (42 U.S.C. 17001 et seq.), and the amendments made by that 
          Act, will require an expansion of the renewable fuels 
          infrastructure;
              (5) the transportation of renewable fuels through a 
          pipeline will facilitate the meeting of the volume requirements 
          of the Energy Independence and Security Act of 2007 (42 U.S.C. 
          17001 et seq.) and the amendments made by that Act; and
              (6) 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 those 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)), as in effect on January 1, 2009, 
          except that the term includes ethanol and biodiesel.
              ``(7) Renewable fuel pipeline.--The term `renewable fuel 
          pipeline' means a common carrier pipeline for transporting 
          renewable fuel in accordance with this title.''.
      (b) Specific Appropriation or Contribution.--Section 1702(b) of the 
  Energy Policy Act of 2005 (42 U.S.C. 16512(b)) is amended by striking 
  ``No'' and inserting ``Except with respect to a project described in 
  section 1703(f), no''.
      (c) Amount.--Section 1702(c) of the Energy Policy Act of 2005 (42 
  U.S.C. 16512(c)) is amended--
              (1) by striking ``(c) Amount.--Unless'' and inserting the 
          following:
      ``(c) Amount.--
              ``(1) In general.--Unless''; and
              (2) by adding at the end the following:
              ``(2) Renewable fuel pipelines.--With respect to a project 
          described in section 1703(f)--
                      ``(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 1 guarantee 
                  for the project, to the extent that the sum of all 
                  guarantees for the project does not exceed an amount 
                  equal to 90 percent of the project cost of the 
                  renewable fuel pipeline that is the subject of the 
                  guarantees, as estimated any time after the original 
                  guarantee is issued.''.
      (d) 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 imposed by this section other 
          than a limitation imposed by 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 to 
                  construct a renewable fuel pipeline.
                      ``(F) The history and experience working with 
                  renewable fuel of the entity carrying out the proposed 
                  project to construct a renewable fuel pipeline.
                      ``(G) The ability of the entity carrying out the 
                  proposed project to construct a renewable fuel pipeline 
                  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 construct a renewable fuel pipeline 
                  to complete such proposed project in a timely manner.
                      ``(I) The ability of the entity carrying out the 
                  proposed project to construct a renewable fuel pipeline 
                  to secure property rights-of-way.
                      ``(J) Other criteria the Secretary determines 
                  appropriate for consideration.
              ``(3) Loan guarantee for preliminary stage.--
                      ``(A) In general.--The Secretary--
                              ``(i) shall evaluate a project to assemble 
                          a renewable fuel pipeline under this title as a 
                          complete project; but
                              ``(ii) as a result of the size and nature 
                          of the project, the Secretary may make a 
                          guarantee under this title for an initial loan 
                          to assemble the renewable fuel pipeline at a 
                          preliminary stage in the loan approval process 
                          for the complete project.
                      ``(B) Amount.--The amount of a loan that is 
                  guaranteed at the preliminary stage of a renewable fuel 
                  pipeline project under this paragraph--
                              ``(i) shall not exceed 2 percent of the 
                          total amount of loan guarantees made for the 
                          complete project; and
                              ``(ii) shall be incorporated into the total 
                          amount of loan guarantees made for the complete 
                          project.
                      ``(C) Required information.--To be eligible to 
                  obtain a loan guarantee at the preliminary stage of a 
                  renewable fuel pipeline project under this paragraph, 
                  the applicant shall provide to the Secretary--
                              ``(i) a route description for the project, 
                          including a centerline map of the proposed 
                          pipeline route subject to field verification 
                          and right-of-way acquisition (with a margin of 
                          error of 10 miles);
                              ``(ii) a construction cost estimate and 
                          schedule for completion of the project;
                              ``(iii) an environmental review of the 
                          impact of the project on sensitive areas, 
                          including likely mitigation strategies and a 
                          plan for conducting the necessary environmental 
                          impact statements; and
                              ``(iv) a business plan that includes--
                                      ``(I) a market assessment;
                                      ``(II) an economic analysis; and
                                      ``(III) an analysis of any required 
                                  pipeline connections to biorefineries, 
                                  terminal locations, and other terminal 
                                  connections.
                      ``(D) Supporting information.--In making a loan 
                  guarantee at the preliminary stage of a renewable fuel 
                  pipeline project under this paragraph, the Secretary 
                  shall consider whether an applicant provides to the 
                  Secretary--
                              ``(i) a comprehensive project plan that 
                          includes a full work plan;
                              ``(ii) a full engineering summary;
                              ``(iii) a detailed assessment of the 
                          ability of the applicant to complete the 
                          project in a timely manner;
                              ``(iv) a right of way acquisition plan;
                              ``(v) appropriate environmental studies; 
                          and
                              ``(vi) a plan for acquiring necessary 
                          permits.
              ``(4) Eminent domain.--
                      ``(A) In general.--Subject to subparagraph (B), the 
                  Secretary may provide to the owner of a renewable fuel 
                  pipeline under this title the same rights of eminent 
                  domain that the Federal Energy Regulatory Commission is 
                  authorized to provide to a natural gas company under 
                  section 7(h) of the Natural Gas Act (15 U.S.C. 
                  717f(h)).
                      ``(B) Certificate of public convenience and 
                  necessity.--An owner of a renewable fuel pipeline under 
                  this title shall not be required to hold a certificate 
                  of public convenience and necessity, or any comparable 
                  certificate, to exercise the rights of eminent domain 
                  under this title.
              ``(5) Renewable fuel pipeline ratemaking methodology.--
          Consistent with the ratemaking methodology used for a natural 
          gas company under the Natural Gas Act (15 U.S.C. 717 et seq.), 
          the Federal Energy Regulatory Commission shall have 
          jurisdiction over the ratemaking methodology used for renewable 
          fuel transported by pipeline.''.
      (e) Authorization of Appropriations.--Section 1704 of the Energy 
  Policy Act of 2005 (42 U.S.C. 16514) is amended by adding at the end 
  the following:
      ``(c) Authorization of Appropriations.--There is authorized to be 
  appropriated such sums as are necessary to provide up to $5,000,000,000 
  in loan guarantees under this title for projects described in section 
  1703(f).''.
      (f) Temporary Program for Rapid Deployment of Renewable Energy and 
  Electric Power Transmission Projects.--Section 1705(a) of the Energy 
  Policy Act of 2005 (42 U.S.C. 16516(a)) is amended by adding at the end 
  the following:
              ``(4) Renewable fuel pipelines.''.
  
  SEC. 4. FINAL RULE.
  
      Not later than 90 days after the date of the enactment of this Act, 
  the Secretary of Energy shall--
              (1) 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 (22 U.S.C. 16511 et seq.) in accordance with the 
          amendments made by this Act; or
              (2) modify rules and regulations applicable as of the date 
          of enactment of this Act to the guarantee program under that 
          title in accordance with the amendments made by this Act.
target: Renewable Fuels Pipelines Act of 2009 - Amends the Energy Policy Act of 2005 to allow federally-guaranteed loans for renewable fuel pipeline construction without regard to whether an appropriation for the cost has been made. Includes ethanol and biodiesel as renewable fuel.
  
  Allows a maximum guarantee by the Secretary of Energy of 90% of the pipeline project cost and more than one guarantee for a project (as long as the total guaranteed amount does not exceed 90%).
  
  Sets forth factors to be considered in guarantee determinations, including volume and quality of fuel, size of markets served, experience of the entity working with renewable fuel, and associated storage, production, and terminal facilities.
  
  Authorizes the Secretary to evaluate a project to assemble a renewable fuel pipeline as a complete project and, as a result of the size and nature of the project, to make a guarantee for an initial loan at a preliminary stage in the loan approval process for the complete project.
feat_title: 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.