((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.