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Biomass: Comparison of Definitions
in Legislation Through the 111th Congress
Kelsi Bracmort
Analyst in Agricultural Conservation and Natural Resources Policy
Ross W. Gorte
Specialist in Natural Resources Policy
February 2October 28, 2010
Congressional Research Service
7-5700
www.crs.gov
R40529
CRS Report for Congress
Prepared for Members and Committees of Congress
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Biomass: Comparison of Definitions in Legislation Through the 111th Congress
Summary
The use of biomass as an energy feedstock is emerging as a potentially viable alternative to
address U.S. energy security concerns, foreign oil dependence, rural economic development, and
diminishing sources of conventional energy. Biomass (organic matter that can be converted into
energy) may include food crops, crops for energy (e.g., switchgrass or prairie perennials), crop
residues, wood waste and byproducts, and animal manure. Most legislation involving biomass has
focused on encouraging the production of liquid fuels from corn. Efforts to promote the use of
biomass for power generation have focused on wood, wood residues, and milling waste.
Comparatively less emphasis has been placed on the use of non-corn based biomass feedstocks—
other food crops, non-food crops, crop residues, animal manure, and more—as renewable energy
sources for liquid fuel use or for power generation. This is partly due to the variety, lack of
availability, and dispersed location of non-corn based biomass feedstock. The technology
development status and costs to convert non-corn based biomass into energy are also viewed by
some as an obstacle to rapid technology deployment.
For over 30 years, the term biomass has been a part of legislation enacted by Congress for various
programs, indicating some interest by the general public and policymakers in expanding its use.
To aid understanding of why U.S. consumers, utility groups, refinery managers, and others have
not fully adopted biomass as an energy resource, this report investigates the characterization of
biomass in legislation. The definition of biomass has evolved over time, most notably since 2004.
The report lists biomass definitions enacted by Congress in legislation and the tax code since
2004 and definitions contained in pending legislation (the American Clean Energy and Security
Act of 2009, H.R. 2454; the American Clean Energy Leadership Act of 2009, S. 1462; and the
Clean the Clean
Energy Jobs and American Power Act, S. 1733; and the discussion draft of the American Power
Act). Comments on). Comments regarding the similarities and
differences among the definitions are provided. Factors that may prevent a private landowner
One point
of contention regarding the definition is the inclusion of biomass from federal lands. Some argue
that removal of biomass from these lands may lead to ecological harm. Others contend that
biomass from federal lands can aid the production of renewable energy to meet certain mandates
(e.g., the Renewable Fuel Standard) and can enhance forest protection from wildfires. Factors that
may prevent a private landowner from rapidly entering the biomass feedstock market are also
included in the report.
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Biomass: Comparison of Definitions in Legislation Through the 111th Congress
Contents
Introduction ................................................................................................................................1
Biomass ......................................................................................................................................1
Legislative History......................................................................................................................1
Analysis of Biomass Definitions .................................................................................................2
Potential Issues for Biomass Feedstock Development..................................................................3
Proposed Modification of the Biomass Definition .......................................................................4
Tables
Table 1. Biomass Definitions Contained in Legislation Enacted Since 2004.................................6
Table 2. Biomass Definitions Contained in Pending Legislation ................................................ 14
Contacts
Author Contact Information ...................................................................................................... 1718
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Biomass: Comparison of Definitions in Legislation Through the 111th Congress
Introduction
The potential for biomass to meet U.S. renewable energy demands has yet to be fully explored.
Non-food and other types of biomass (e.g., manure) have traditionally been considered by some
as waste material and as such have been deposited in landfills, used for animal feed, or applied to
crop production lands. However, rising fuel prices, environmental concerns, and sustainability
issues have led policymakers to create legislation that encourages conversion of biomass into
liquid fuels (e.g., ethanol, biodiesel) or electricity. 1 Interest has increased in cellulosic biomass
(e.g., crop residues, prairie grasses, and woody biomass) because it does not compete directly
with crop production for food, although it may compete for land, and is located in widely
dispersed areas.2 Classification of biomass as an energy resource has prompted the investigation
of its use for purposes additional to liquid fuel (e.g., on-site heating and lighting purposes, off-site
electricity).
Biomass
Biomass is organic matter that can be converted into energy. Common examples of biomass
include food crops, crops for energy (e.g., switchgrass or prairie perennials), crop residues, wood
waste and byproducts, and animal manure. Over the last few years, the concept of biomass has
grown to include such diverse sources as algae, construction debris, municipal solid waste, yard
waste, and food waste. Some contend that biomass has seen limited use as an energy source thus
far because it is not readily available as a year-round feedstock, is often located at dispersed sites,
can be expensive to transport, lacks long-term performance data, requires costly technology to
convert to energy, and might not meet quality specifications to reliably fuel electric generators.
Woody biomass has received special attention because of its widespread availability, but to date
has been of limited use for energy production except for wood wastes at sawmills. Wood can be
burned directly, usually to produce both heat or steam and electricity (called combined heat and
power, or CHP), or digested to produce liquid fuels. Biomass from forests (as opposed to mill
wastes) has been of particular interest, because it is widely accepted that many forests have
excessive levels of biomass (compared to historic levels) called hazardous fuels that can
contribute to catastrophic wildfires. 3 Removing these hazardous fuels from forests could reduce
the threat of catastrophic wildfires, at least in some ecosystems, while providing a feedstock for
energy production.
Legislative History
The term biomass was first introduced by Congress in the Powerplant and Industrial Fuel Use Act
of 1978 (P.L. 95-620) as a type of alternate fuel. Biomass was first defined in the Energy Security
1
For more information on biofuels, see CRS Report R40110, Biofuels Incentives: A Summary of Federal Programs, by
Brent D. Yacobucci, and CRS Report RL34239, Biofuels Provisions in the 2007 Energy Bill and the 2008 Farm Bill: A
Side-by-Side Comparison, by Randy Schnepf and Brent D. Yacobucci.
2
For more information on cellulosic biomass feedstocks, CRS Report RL34738, Cellulosic Biofuels: Analysis of Policy
Issues for Congress, by Kelsi Bracmort et al.
3
See CRS Report R40811, Wildfire Fuels and Fuel Reduction, by Ross W. Gorte.
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Biomass: Comparison of Definitions in Legislation Through the 111th Congress
Act of 1980 (P.L. 96-294), in Title II—Biomass Energy and Alcohol Fuels, as “any organic matter
which is available on a renewable basis, including agricultural crops and agricultural wastes and
residues, wood and wood wastes and residues, animal wastes, municipal wastes, and aquatic
plants.” The Energy Security Act of 1980 contained two additional definitions for biomass,
excluding aquatic plants and municipal wastes, in Title II, Subtitle C—Rural, Agricultural, and
Forestry Biomass Energy.
Three germane pieces of recent legislation define biomass: the Food, Conservation, and Energy
Act of 2008 (2008 farm bill, P.L. 110-246); the Energy Independence and Security Act of 2007
(EISA, P.L. 110-140); and the Energy Policy Act of 2005 (EPAct05, P.L. 109-58). The term
biomass is mentioned several times throughout the three bills, but is not always defined or
referenced. In some cases, an individual law has multiple biomass definitions. For example, three
definitions are provided in EISA. EPAct05 has six biomass definitions. One definition is included
in the 2008 farm bill. The tax code contains four definitions. A total of 14 biomass definitions
have been included in legislation and the tax code since 2004. Table 1 includes definitions from
the three laws and from the tax code and contains additional comments.
The definitions are built into the many provisions and programs that may support research and
development, encourage technology transfer, and reduce technology costs for landowners and
businesses. Thus, because the various definitions determine which feedstocks can be used under
the various programs, the definitions are critical to the research, development, and application of
using biomass to produce energy.
Analysis of Biomass Definitions
Two biomass definitions may be considered by policymakers, scientists, and program managers
as the most comprehensive for energy production purposes: the definition in Title IX of the 2008
farm bill and one in Title II of EISA. Both laws provide an extensive definition for renewable
biomass, but each law defines renewable biomass somewhat differently. The recognition of
biomass as renewable means that biomass is considered by some to be an infinite feedstock that
may be replenished in a short time frame. Both definitions consider crops, crop residues, plants,
algae, animal waste, food waste, and yard waste, among other items, as appropriate biomass
feedstock.
An important distinction exists between the two definitions of woody biomass. The 2008 farm
bill includes biomass from federal lands as a biofuel feedstock. Under EISA, to be eligible for the
Renewable Fuel Standard (RFS), biomass cannot be removed from federal lands, and the law
excludes crops from forested lands.4 There has been some congressional discussion and
legislation to expand the EISA definition to include biomass from federal lands to better meet the
biofuels usage mandate for the Renewable Fuel Standard.5
4
The Renewable Fuel Standard (RFS) is a provision established by the Energy Policy Act of 2005 requiring gasoline to
contain a minimum amount of fuel produced from renewable biomass. For more information on the RFS, see CRS
Report R40155, Selected Issues Related to an Expansion of the Renewable Fuel Standard (RFS): Overview and Issues, by Randy Schnepf
and Brent D. Yacobucci.
5
CRS Report RL34738, Cellulosic Biofuels: Analysis of Policy Issues for Congress, by Kelsi Bracmort et alR41106, Meeting the Renewable Fuel Standard (RFS) Mandate for Cellulosic Biofuels: Questions and
Answers, by Kelsi Bracmort.
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EISA expanded the RFS and restricted the definition of biomass. The renewable biomass
definition for the RFS under EISA excludes biomass removal from federal lands, and crops for
forested lands are excluded as a biofuel feedstock. Advocates for this definition include groups
who favor minimal land disturbance (for ecological reasons as well as to sustain sequestered
carbon) and are concerned that incentives to use wood waste might increase land disturbance,
especially timber harvesting on federal lands. Opponents of this definition include groups who
seek to use materials from federal lands and other forested lands (i.e., not tree plantations) as a
source of renewable energy while possibly contributing to long-term, sustainable management of
those lands.
Advocates of the 2008 farm bill renewable biomass definition include groups who seek to use the
potentially substantial volumes of waste woody biomass from federal lands and other (nonplantation) forest lands (e.g., waste from timber harvests, from pre-commercial thinnings, or from
wildfire fuel reduction treatments) as a source of renewable energy. Opponents include groups
who seek to preserve forested land and federal land, and who are concerned that incentives for
using wood waste would encourage activities that could disturb forest lands, possibly damaging
important wildlife habitats and water quality, as well as releasing carbon from forest soils.
Potential Issues for Biomass Feedstock
Development
It is not clear whether the biomass definitions in the 2008 farm bill and in EISA constitute a
barrier to biomass feedstock development for conversion to liquid fuels. Concerns for some
landowners and business entities that wish to enter the biomass feedstock market include
economic stability, risk/reward ratio, revenue generation, land use designation, and lifecycle
greenhouse gas emissions. Additionally, the feedstock development potential of woody biomass
varies by region. For example, biomass stock tends to be located on private forest land in the
southeastern United States and on federal land in the western United States. To thrive, different
regions may require varied resources for the biomass feedstock market.
Recent agricultural and energy legislation has incorporated provisions and established programs
to promote the development and use of biomass as a renewable energy source.6 The success of the
associated provisions and programs will be partly determined by landowner participation rates.
Those participation rates may depend on the definition provided in the legislation that authorizes
financial and technical support. Landowners can receive financial or technical assistance for
biomass feedstock development based on the renewable biomass definition for that specific
program.
One program that may increase the level of private landowner participation in the biomass
feedstock market is the Biomass Crop Assistance Program (BCAP), established in §9011 of the
2008 farm bill. 7 BCAP, administered by the USDA Farm Service Agency, is intended to support
the establishment and production of eligible crops for conversion to bioenergy. Crops or lands
that receive payments under Title I of the 2008 farm bill are not eligible for participation in
BCAP. A Notice of Funds Availability (NOFA) for BCAP was published in the Federal Register
6
CRS Report R40455, Renewable Energy and Energy Efficiency Tax Incentive Resources, by Lynn J. Cunningham and
Beth A. Roberts.
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Biomass: Comparison of Definitions in Legislation
on June 11, 2009. Since that time, the USDA Farm Services Agency (FSA) has issued guidance
for implementing the program to state and county FSA offices.7 The directives contain
information on eligible material requirements, criteria for Biomass Conversion Facilities (BCF)
designation, the applications process, payment eligibility, payment policies, policy and software
processing guidance for the program, funds control, and more. The 2008 farm bill contains other
renewable energy provisions that may stimulate biomass feedstock efforts, although many of
these provisions have not yet been implemented. 6
CRS Report R40455, Renewable Energy and Energy Efficiency Tax Incentive Resources, by Lynn J. Cunningham and
Beth A. Roberts.
7
For more information on BCAP, see CRS Report R41296, Biomass Crop Assistance Program (BCAP): Status and
Issues, by Megan Stubbs.
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Biomass: Comparison of Definitions in Legislation Through the 111th Congress
that receive payments under Title I of the 2008 farm bill are not eligible for participation in
BCAP. The 2008 farm bill contains other renewable energy provisions that may stimulate
biomass feedstock efforts, although many of these provisions have not yet been implemented.8
Proposed Modification of the Biomass Definition
The definition for biomass contained in legislation determines what sources of material are
deemed eligible as biomass and which lands are eligible for biomass removal. Biomass
definitions typically contain three components: agriculture (e.g., crops), forestry (e.g., slash, precommercial thinnings), and waste (e.g., food, yard). Multiple biomass definitions can be included
in a single piece of legislation to meet the requirements of associated programs or provisions.
Environmental groups, private entities aspiring to participate in biomass-to-energy initiatives, and
federal agencies that administer biomass-to-energy programs are closely monitoring the biomass
definitions proposed during the energy debate underway in the 111th Congress. Significant
attention has been focused on the proposed biomass definitions contained in the American Clean
Energy and Security Act of 2009 (ACES; H.R. 2454), the American Clean Energy Leadership Act
of 2009 (ACELA; S. 1462), and the Clean Energy Jobs and American Power Act (S. 1733). (See
Table 2.), and the
the American Power Act (discussion draft). See Table 2.
Discussion regarding the definition for biomass tends to center on the type of forestry products
considered as an eligible biomass source and the lands (e.g., federal, forested) where biomass
removal can occur. The eligibility of forest products may be a contentious aspect of the biomass
definition primarily because there are differing viewpoints on the sustainability of woody biomass
supplies. Some voice disapproval about forest lands being eligible for biomass removal generally
because it is uncertain whether forestry products can be removed and transported to an energy
conversion facility with minimal environmental impact, and whether such removals damage
forest health. Others contend that inclusion of biomass removal from federal and forested lands is
necessary to meet specific biofuel mandates established in the RFS.
Advocates for the biomass definition contained in ACES include groups who seek to use the
potentially substantial volumes of waste woody biomass from federal lands and other (nonplantation) forested lands (e.g., waste from timber harvests, from pre-commercial thinnings, or
from wildfire fuel reduction treatments) as a source of renewable energy. Opponents include
groups who seek to preserve undisturbed forested land and federal land, and who are concerned
that incentives for using wood waste would encourage activities that damage forest lands,
possibly harming important wildlife habitats and water quality.
Some may view the biomass definition contained in ACELA as more precise than the definitions
in the 2008 farm bill and in ACES, but it is also more complicated. Advocates for this definition
include groups who seek to use the potentially substantial volumes of waste woody biomass from
7
More information about BCAP is available at http://www.fsa.usda.gov/FSA/webapp?area=home&subject=ener&
topic=bcap.
8
CRS Report RL34130, Renewable Energy Programs in the 2008 Farm Bill, by Megan Stubbs.
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Biomass: Comparison of Definitions in Legislation
federal lands and other forested lands as a source of renewable energy. Opponents include groups
who oppose disturbance of forested land and federal land, and are concerned that incentives for
using wood waste encourage activities that disturb forest lands, possibly damaging important
wildlife habitats and water quality. While the definition may be narrower and more limiting in
some ways than the definitions in ACES and the 2008 farm bill, it also may provide more
possibilities for accessing federal and other forest lands for biomass energy production.
8
CRS Report RL34130, Renewable Energy Programs in the 2008 Farm Bill, by Megan Stubbs.
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Biomass: Comparison of Definitions in Legislation Through the 111th Congress
The renewable biomass definition contained in S. 1733 differs from other proposed definitions in
that it introduces an eligibility date (January 1, 2009). The inclusion of a date may preclude
obtaining financial or technical assistance, or offset credit if biomass was planted, harvested,
collected, removed, managed, or cultivated prior to the eligibility date. The forestry component of
the renewable biomass definition listed in S. 1733 is identical to the forestry component of the
definition contained in ACES. Advocates for the biomass definition contained in S. 1733 include
groups pursuing the use of large amounts of waste woody biomass from federal lands and other
forested lands as a source of renewable energy. Opponents include groups who are opposed for
environmental reasons to disturbing federal and forested land. Other opponents include groups
that seek to use plant or woody materials established prior to January 1, 2009, for energy
purposes.
The American Power Act (discussion draft) definition for renewable biomass is similar to the
definition contained in H.R. 2454, with two exceptions. The first is the use of land management
plans to define both an old growth stand and a late-successional stand. The second exception is
that the forestry component of the definition does not specifically identify harvesting in
accordance with federal and state law. The American Power Act discussion draft introduces a
second biomass term—excess biomass—for the enhanced soil sequestration provision in the bill.
Excess biomass may contain material removed from public land to promote ecosystem health.
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Biomass: Comparison of Definitions in Legislation through the 111th Congress
Table 1. Biomass Definitions Contained in Legislation Enacted Since 2004
No.
1
Public Law/
Tax Code
P.L. 110-246
Food, Conservation,
and Energy Act of 2008
Title IX
Sec. 9001(12)
Definition
Comments
The term ‘renewable biomass’ means—
Definition associated with the following sections in the bill:
Biorefinery Assistance Program (§ 9003), Repowering Assistance (§
9004), Biomass Research and Development Initiative (§ 9008),
Biomass Crop Assistance Program (§ 9011), Forest Biomass for
Energy (§ 9012), and Community Wood Energy Program (§ 9013).
`(A) materials, pre-commercial thinnings, or invasive species from
National Forest System land and public lands (as defined in
section 103 of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1702)) that—`(i) are byproducts of preventive
treatments that are removed—`(I) to reduce hazardous fuels;
`(II) to reduce or contain disease or insect infestation; or `(III) to
restore ecosystem health; `(ii) would not otherwise be used for
higher-value products; and `(iii) are harvested in accordance
with—`(I) applicable law and land management plans; and `(II) the
requirements for—`(aa) old-growth maintenance, restoration,
and management direction of paragraphs (2), (3), and (4) of
subsection (e) of section 102 of the Healthy Forests Restoration
Act of 2003 (16 U.S.C. 6512); and `(bb) large-tree retention of
subsection (f) of that section; or
`(B) any organic matter that is available on a renewable or
recurring basis from non-Federal land or land belonging to an
Indian or Indian tribe that is held in trust by the United States or
subject to a restriction against alienation imposed by the United
States, including—`(i) renewable plant material, including—`(I)
feed grains; `(II) other agricultural commodities; `(III) other plants
and trees; and `(IV) algae; and `(ii) waste material, including—`(I)
crop residue; `(II) other vegetative waste material (including
wood waste and wood residues); `(III) animal waste and
byproducts (including fats, oils, greases, and manure); and `(IV)
food waste and yard waste.
CRS-6
In contrast to the RFS definition of renewable biomass (EISA, Title II,
Sec. 201(1)(I)), this definition allows biomass from federal lands as a
biofuel feedstock.
The definition includes: materials, pre-commercial thinnings, or
invasive species from National Forest System land and public (BLM)
lands; organic matter available on a renewable or recurring basis from
non-federal or Indian land; renewable plant material (e.g., feed grains,
other agricultural commodities, other plants and trees, and algae) and
waste material (e.g., crop residue and other vegetative waste material,
such as wood waste and wood residues), as well as animal waste and
byproducts (including fats, oils, greases, and manure), food waste, and
yard waste.
This definition does not mention biomass from wildfire fuel
treatments in the immediate vicinity of buildings, as does the RFS
renewable biomass definition. (See definition 2.)
No limits on private-sector participation evident.
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Biomass: Comparison of Definitions in Legislation through the 111th Congress
No.
2
Public Law/
Tax Code
P.L. 110-140
Energy Independence
and Security Act of
2007
Title II
Sec. 201(1)(I)
Definition
Comments
The term `renewable biomass’ means each of the following:
Definition associated with this section in the bill: Renewable Fuel
Standard (Title II, Subtitle A).
``(i) Planted crops and crop residue harvested from agricultural
land cleared or cultivated at any time prior to the enactment of
this sentence that is either actively managed or fallow, and
nonforested.
``(ii) Planted trees and tree residue from actively managed tree
plantations on non-federal land cleared at any time prior to
enactment of this sentence, including land belonging to an Indian
tribe or an Indian individual, that is held in trust by the United
States or subject to a restriction against alienation imposed by
the United States.
This provision defines renewable biomass for the Renewable Fuel
Standard (Title II, Subtitle A). The definition excludes as biofuel
feedstocks: biomass removed from federal lands and crops for
forested lands (e.g., timber harvests). The definition includes biomass
from:
•
slash and pre-commercial thinnings from non-federal forestlands,
including Indian forestlands, but not from forestlands that are
ecological communities within a global or state ranking of
critically imperiled, imperiled, or rare pursuant to a State
Natural Heritage Program, and not from old-growth or late
successional forests;
•
planted trees and tree residue from actively managed tree
plantations on non-federal land;
•
biomass obtained from the immediate vicinity of buildings, public
infrastructure, and areas regularly occupied by people that are at
risk from wildfire (e.g., from wildfire fuel reduction activities on
non-federal lands); and
•
other activities, including planted crops and crop residue from
nonforested agricultural land that is either actively managed or
fallow; animal waste material and byproducts; separated yard
waste or food waste (including recycled cooking and trap
grease); and algae.
``(iii) Animal waste material and animal byproducts.
``(iv) Slash and pre-commercial thinnings that are from nonfederal forestlands, including forestlands belonging to an Indian
tribe or an Indian individual, that are held in trust by the United
States or subject to a restriction against alienation imposed by
the United States, but not forests or forestlands that are
ecological communities with a global or State ranking of critically
imperiled, imperiled, or rare pursuant to a State Natural Heritage
Program, old growth forest, or late successional forest.
``(v) Biomass obtained from the immediate vicinity of buildings
and other areas regularly occupied by people, or of public
infrastructure, at risk from wildfire.
``(vi) Algae.
``(vii) Separated yard waste or food waste, including recycled
cooking and trap grease.
CRS-7
Limits on private-sector participation evident—biomass may not be
removed from federal lands. Some biomass material may come from
non-federal forest lands.
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Biomass: Comparison of Definitions in Legislation through the 111th Congress
No.
3
Public Law/
Tax Code
P.L. 110-140
Energy Independence
and Security Act of
2007
Title XII
Sec. 1201
Definition
Comments
The term `biomass’—`(aa) means any organic material that is
available on a renewable or recurring basis, including—`(AA)
agricultural crops; `(BB) trees grown for energy production;
`(CC) wood waste and wood residues; `(DD) plants (including
aquatic plants and grasses); `(EE) residues; `(FF) fibers; `(GG)
animal wastes and other waste materials; and `(HH) fats, oils, and
greases (including recycled fats, oils, and greases); and `(bb) does
not include—`(AA) paper that is commonly recycled; or `(BB)
unsegregated solid waste.
Definition associated with this section in the bill: Express Loans for
Renewable Energy and Energy Efficiency (§ 1201).
The definition excludes: paper that is commonly recycled and
unsegregated solid waste.
The definition includes: any organic material available on a renewable
or recurring basis, including agricultural crops, trees grown for energy
production, wood waste and wood residues, plants (including aquatic
plants and grasses), residues, fibers, animal wastes and other waste
materials, and fats, oils, and greases (including recycled fats, oils, and
greases).
The definition is much less restrictive than the renewable biomass
definition listed under EISA, Title II, Sec. 201(1)(I) for the RFS.
The definition is similar to the biomass definition under the EPAct05
Renewable Energy Security Provision (§ 206).
Does not include paper that is commonly recycled or unsegregated
solid waste.
Does not specify “actively managed” crops and trees as a criterion as
mentioned in definition 2.
4
P.L. 110-140
Energy Independence
and Security Act of
2007
Title XII
Sec. 1203(e)(z)(4)(A)
CRS-8
The term `biomass’—`(i) means any organic material that is
available on a renewable or recurring basis, including—`(I)
agricultural crops; `(II) trees grown for energy production; `(III)
wood waste and wood residues; `(IV) plants (including aquatic
plants and grasses); `(V) residues; `(VI) fibers; `(VII) animal wastes
and other waste materials; and `(VIII) fats, oils, and greases
(including recycled fats, oils, and greases); and `(ii) does not
include—`(I) paper that is commonly recycled; or `(II)
unsegregated solid waste.
Definition associated with this section in the bill: Small Business
Energy Efficiency Program (§1203).
Applicable biomass is identical to materials described in definition 3.
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Biomass: Comparison of Definitions in Legislation through the 111th Congress
No.
5
Public Law/
Tax Code
Tax Code
2007
Title 26
Subtitle A
Chapter 1
Subchapter A
Part IV
Subpart D
Definition
Comments
The term “closed-loop biomass” means any organic material
from a plant which is planted exclusively for purposes of being
used at a qualified facility to produce electricity.
Definition associated with this section in the code: Electricity
Produced from Certain Renewable Resources (Sec. 45).
Definition associated with this tax credit: Renewable Electricity,
Refined Coal, and Indian Coal Production Credit (IRS Form 8835).
Denotes the following as applicable biomass:
•
any organic material from a plant that is grown exclusively to
produce electricity.
Sec. 45(c)(2)
6
Tax Code
2007
Title 26
Subtitle A
Chapter 1
Subchapter A
Part IV
Subpart D
Sec. 45(c)(3)
CRS-9
The term “open-loop biomass” means—(i) any agricultural
livestock waste nutrients, or (ii) any solid, nonhazardous,
cellulosic waste material or any lignin material which is
segregated from other waste materials and which is derived
from—(I) any of the following forest-related resources: mill and
harvesting residues, precommercial thinnings, slash, and brush, (II)
solid wood waste materials, including waste pallets, crates,
dunnage, manufacturing and construction 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, gas derived from the
biodegradation of solid waste, or paper which is commonly
recycled, or (III) agriculture sources, including orchard tree
crops, vineyard, grain, legumes, sugar, and other crop byproducts or residues. Such term shall not include closed-loop
biomass or biomass burned in conjunction with fossil fuel
(cofiring) beyond such fossil fuel required for startup and flame
stabilization.
Definition associated with this section in the code: Electricity
Produced from Certain Renewable Resources (Sec. 45).
Definition associated with this tax credit: Renewable Electricity,
Refined Coal, and Indian Coal Production Credit (IRS Form 8835).
Denotes the following as applicable biomass:
•
any agricultural livestock waste nutrients.
•
any solid, nonhazardous, cellulosic waste material or lignin
material.
Does not include municipal solid waste, gas derived from the
biodegradation of solid waste, or paper which is commonly recycled.
Does not include closed-loop biomass or biomass burned in
conjunction with fossil fuel (cofiring) beyond such fossil fuel required
for startup and flame stabilization.
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Biomass: Comparison of Definitions in Legislation through the 111th Congress
No.
7
Public Law/
Tax Code
Tax Code
2007
Title 26
Subtitle A
Chapter 1
Subchapter A
Part IV
Subpart D
Definition
Comments
The term “biomass" means any organic material other than –
(A) oil and natural gas (or any product thereof), and(B) coal
(including lignite) or any product thereof.
Definition associated with this section in the code: Tax Credit for
Producing Fuel from a Nonconventional Source (Sec. 45k).
•
Tax Code
2007
Title 26
Subtitle A
Chapter 1
Subchapter A
Part IV
Subpart E
Sec. 48b(c)(4)
any organic material other than oil and natural gas, and coal or
any product thereof.
Definition does not distinguish between open-loop biomass and
closed-loop biomass.
Sec. 45k(c)(3)
8
Denotes the following as applicable biomass:
Definition appears to be more expansive than definitions provided in
P.L. 110-140 and P.L. 110-246.
The term “biomass" means any – (i) agricultural or plant waste,
(ii) byproduct of wood or paper mill operations, including lignin
in spent pulping liquors, and iii) other products of forestry
maintenance. (B) Exclusion The term "biomass" does not include
paper which is commonly recycled.
Definition associated with this section in the code: Qualifying
Gasification Project Credit (Sec. 48b).
Denotes the following as applicable biomass:
•
any agricultural or plant waste.
•
wood or paper mill operations byproduct.
•
other products of forestry maintenance.
Does not include paper which is commonly recycled.
Does not include closed-loop biomass.
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Public Law/
Tax Code
P.L. 109-58
Energy Policy Act of
2005
Title II
Sec. 203(b)(1)
Definition
Comments
The term `biomass’ means any lignin waste material that is
segregated from other waste materials and is determined to be
nonhazardous by the Administrator of the Environmental
Protection Agency and any solid, nonhazardous, cellulosic
material that is derived from—(A) any of the following forestrelated resources: mill residues, precommercial thinnings, slash,
and brush, or nonmerchantable material; (B) solid wood waste
materials, including waste pallets, crates, dunnage, manufacturing
and construction 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 (garbage), gas derived from the biodegradation of solid
waste, or paper that is commonly recycled; (C) agriculture
wastes, including orchard tree crops, vineyard, grain, legumes,
sugar, and other crop by-products or residues, and livestock
waste nutrients; or (D) a plant that is grown exclusively as a fuel
for the production of electricity.
Definition associated with this section in the bill: Federal Government
Purchase Requirement for Renewable Energy (§ 203).
Denotes the following as applicable biomass:
•
any lignin waste material that is segregated from other waste
materials.
•
any solid, nonhazardous, cellulosic material derived from forestrelated resources, solid wood waste materials, agriculture
wastes, or a plant that is grown exclusively as a fuel for the
production of electricity.
Does not include municipal solid waste, gas derived from the
biodegradation of solid waste, or paper that is commonly recycled.
Introduces a concept that will be defined in 2007 as ‘closed-loop
biomass’ in the Internal Revenue Code.
Does not specify “actively managed” crops and trees as a criterion as
mentioned in definition 2.
Does not discuss biomass obtained from the immediate vicinity of
buildings (see definition 2).
Limits on private-sector participation not specified.
10
P.L. 109-58
Energy Policy Act of
2005
Title II
Sec. 206(a)(6)(B)
The term `biomass’ means any organic matter that is available
on a renewable or recurring basis, including agricultural crops
and trees, wood and wood wastes and residues, plants (including
aquatic plants), grasses, residues, fibers, and animal wastes,
municipal wastes, and other waste materials.
Definition associated with this section in the bill: Renewable Energy
Security Provision (§ 206).
Denotes the following as applicable biomass:
•
any organic matter available on a renewable or recurring basis
including agricultural crops and trees, wood and wood wastes
and residues, plants (including aquatic plants), grasses, residues,
fibers, and animal wastes, municipal wastes, and other waste
materials.
Limits on private-sector participation not specified.
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Biomass: Comparison of Definitions in Legislation through the 111th Congress
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11
Public Law/
Tax Code
P.L. 109-58
Energy Policy Act of
2005
Title II
Sec. 210(a)(1)
Definition
Comments
The term `biomass’ means nonmerchantable materials or
precommercial thinnings that are byproducts of preventive
treatments, such as trees, wood, brush, thinnings, chips, and
slash, that are removed—(A) to reduce hazardous fuels; (B) to
reduce or contain disease or insect infestation; or (C) to restore
forest health.
Definition associated with this section in the bill: Grants to Improve
Commercial Value of Forest Biomass for Electric Energy, Useful Heat,
Transportation Fuels and Other Commercial Purposes Program (§
210).
Denotes the following as applicable biomass:
•
unmarketable materials or precommercial thinnings that are
byproducts of preventive treatments, such as trees, wood,
brush, thinnings, chips, and slash.
Definition limited to forestry biomass sources.
Limits on private-sector participation not specified.
12
P.L. 109-58
Energy Policy Act of
2005
Title IX
Subtitle C
Sec. 932(a)(1)
The term `biomass’ means—(A) any organic material grown for
the purpose of being converted to energy; (B) any organic
byproduct of agriculture (including wastes from food production
and processing) that can be converted into energy; or (C) any
waste material that can be converted to energy, 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 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, gas derived from the
biodegradation of municipal solid waste, or paper that is
commonly recycled.
Definition associated with this section in the bill: Bioenergy Program
(§ 932).
Denotes the following as applicable biomass:
•
any organic material grown for the purpose of being converted
to energy.
•
any organic byproduct of agriculture.
•
any waste material that can be converted to energy, is
segregated from other waste materials, and is derived from
forest-related resources or wood waste materials, and landscape
or right-of-way tree trimmings.
Does not include municipal solid waste, gas derived from the
biodegradation of municipal solid waste, or paper that is commonly
recycled.
Does not specify “actively managed” crops and trees as a criterion as
mentioned in definition 2.
Limits on private-sector participation not specified.
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Public Law/
Tax Code
P.L. 109-58
Energy Policy Act of
2005
Title XIII
Subtitle A
Definition
Comments
The term `biomass’ means any—`(i) agricultural or plant waste,
`(ii) byproduct of wood or paper mill operations, including lignin
in spent pulping liquors, and `(iii) other products of forestry
maintenance. `(B) EXCLUSION- The term `biomass' does not
include paper which is commonly recycled.
Definition associated with this section in the bill: Credit for
Investment in Clean Coal Facilities (§ 1307).
Denotes the following as applicable biomass:
•
any agricultural or plant waste.
Sec. 1307
•
any byproduct of wood or paper mill operations.
Sec. 48B(c)(4)
•
any other products of forestry maintenance.
Does not include paper which is commonly recycled.
Does not specify “actively managed” crops and trees as a criterion as
mentioned in definition 2.
Limits on private-sector participation not specified.
14
P.L. 109-58
Energy Policy Act of
2005
Title XV
Subtitle A
Sec. 1512(r)(4)(B)
The term `renewable biomass’ is, as defined in Presidential
Executive Order 13134, published in the Federal Register on
August 16, 1999, any organic matter that is available on a
renewable or recurring basis (excluding old-growth timber),
including dedicated energy crops and trees, agricultural food and
feed crop residues, aquatic plants, animal wastes, wood and wood
residues, paper and paper residues, and other vegetative waste
materials. Old-growth timber means timber of a forest from the
late successional stage of forest development.’.
Definition associated with this section in the bill: Conversion
Assistance for Cellulosic Biomass, Waste-Derived Ethanol, Approved
Renewable Fuels Grants Program (§ 1512).
Denotes the following as applicable biomass:
•
any organic matter that is available on a renewable or recurring
basis (excluding old-growth timber) including dedicated energy
crops and trees, agricultural food and feed crop residues, aquatic
plants, animal wastes, wood and wood residues, paper and paper
residues, and other vegetative waste materials.
Does not specify “actively managed” crops and trees as a criterion as
mentioned in definition 2.
Limits on private-sector participation not specified.
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Biomass: Comparison of Definitions in Legislation through the 111th Congress
Table 2. Biomass Definitions Contained in Pending Legislation
No.
Bill
Comments
1
H.R. 2454
Definition associated with this section in the bill: Combined Efficiency and Renewable Electricity Standard (§610).
American Clean Energy
and Security Act of 2009
The definition is an amalgamation of previous language, primarily from the 2008 farm bill. The forestry component of the definition
includes materials, pre-commercial thinnings, or invasive species from National Forest System land and public (BLM) lands, including:
Title I
Subtitle A
Sec. 101
•
the byproducts of preventive treatments (such as trees, wood, brush, thinnings, chips, and slash),
•
those removed as part of a federally recognized timber sale, or
•
those removed to reduce hazardous fuels, to reduce or contain disease or insect infestation, or to restore ecosystem health.
The materials, pre-commercial thinnings, or invasive species must be harvested in environmentally sustainable quantities, as
determined by the federal land manager; and in accordance with federal and state law, and applicable land management plans.
The definition excludes lands in the National Wilderness Preservation System, Wilderness Study Areas, Inventoried Roadless Areas,
old-growth stands, late-successional stands (except for dead, severely damaged, or badly infested trees), components of the National
Landscape Conservation System, National Monuments, National Conservation Areas, Designated Primitive Areas, or Wild and Scenic
Rivers corridors. These ineligible lands were originally in the Healthy Forests Restoration Act of 2003 (P.L. 108-148).
As passed, the definition includes “federally recognized timber sale,” “harvested in environmentally sustainable quantities,” and
“residues and byproducts from wood, pulp, or paper products facilities.”
As passed, the agricultural component of the definition includes: organic matter available on a renewable or recurring basis from nonfederal or Indian land, including renewable plant material (e.g., feed grains, other agricultural commodities, other plants and trees, and
algae) and waste material (e.g., crop residue and other vegetative waste material, such as wood waste and wood residues), animal
waste and byproducts (including fats, oils, greases, and manure), construction waste, and food waste and yard waste.
The definition includes residues and byproducts from wood, pulp, or paper products facilities.
2
H.R. 2454
Definition associated with this section in the bill: Clean Air Act (42 U.S.C. §7545(o)(1)) Renewable Fuel Standard.
American Clean Energy
and Security Act of 2009
The majority of the definition is identical to the text of the renewable biomass definition listed under ACES, Title I, Subtitle A, Sec.
101 (see definition 1 above).
Title I
Subtitle C
Sec. 126
The sole exception is the addition of clause (ff) that includes as applicable biomass “the non-fossil biogenic portion of municipal solid
waste and construction, demolition, and disaster debris.”
Applicability and restrictions for this definition are identical to those described for the renewable biomass definition under ACES,
Title I, Subtitle A, Sec. 101 (see definition 1 above).
This definition would replace the EISA current definition of renewable biomass under the RFS.
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Biomass: Comparison of Definitions in Legislation through the 111th Congress
No.
Bill
Comments
3
H.R. 2454
Definition associated with this section in the bill: Supplemental Emissions Reductions from Reduced Deforestation provision.
American Clean Energy
and Security Act of 2009
The definition, applicability, and restrictions are identical to those described for renewable biomass definition listed under ACES,
Title I, Subtitle A, Sec. 101 (see definition 1 above).
Title VIII
Part E
Sec. 751
4
S. 1462
Title 1
Subtitle C
Sec. 133
Definition associated with this section in the bill: federal purchase requirement for renewable electricity provision (Energy Policy Act
of 2005 §203; 42 U.S.C. 15852).
The forestry component of the definition includes nonhazardous organic materials:
•
residues and byproducts from milled logs;
•
wood, paper products that are not commonly recyclable, and vegetation diverted from or separated from other waste in the
municipal waste stream;
•
hazard trees, trimmings, and brush that are necessary to remove to maintain a utility right-of-way or a public road;
•
trees, trimmings, and brush harvested from the immediate vicinity of any building, campground, or other structure in wildfireprone areas to reduce the risk to the structure or campground or to human life from wildfires;
•
invasive species removed to control or eradicate the invasive species;
•
slash, brush, trees, and other vegetation that is harvested from non-federal or Indian land that is, at the time of harvest:
—naturally regenerated forest land; forest land planted to restore a naturally regenerated forest; or if harvested in quantities
quantities and through practices that maintain or contribute to the restoration of the species, ecological systems, and ecological
ecological communities for which the conservation forest land was identified, conservation forest land (as defined in the proposed
proposed amendment); or
—planted forest land; and cropland (including fallow land), pastureland, or planted forest land.
Federal land requirements for this definition also include that the harvest be in accordance with applicable law and land management
plans and be done in quantities and through practices that maintain or contribute to the restoration of ecological sustainability. The
harvest can include (i) slash; and (ii) brush and trees that are byproducts of ecological restoration, disease or insect infestation
control, or hazardous fuels reduction treatments. The harvest must not exceed the minimum size standards for sawtimber and must
be from stands killed by an insect or disease epidemic or a natural disaster and that do not meet the utilization standards for
sawtimber.
The agricultural component includes other nonhazardous organic materials: crops, crop byproducts, and crop residues from nonforested non-federal or Indian land that is cropland (including fallow land) or pastureland. The definition also includes: animal waste
and animal byproducts; food waste; and algae.
The term nonhazardous is included in the biomass definition in the EPAct05 and in the IRS tax code definition for open loop biomass
(Title 26 Subtitle A Chapter 1 Subchapter A Part IV Subpart D Sec. 45(c)(3)).
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Biomass: Comparison of Definitions in Legislation through the 111th Congress
No.
Bill
Comments
5
S. 1733
Definition associated with this section in the bill: Offsets (S. 1733, Title VII, Part D).
Title VII
Sec. 700
The forestry component of the definition includes:
•
Trees, brush, slash, residues, or any other vegetative matter removed from within 600 feet of any building, campground, or
route designated for evacuation by a public official with responsibility for emergency preparedness, or from within 300 feet of a
paved road, electric transmission line, utility tower, or water supply line.
•
Residues from or byproducts of milled logs.
•
Any of the following materials removed from forested land that is not federal and is not high conservation priority land:
—Trees, brush, slash, residues, interplanted energy crops, or any other vegetative matter removed from an actively
managed tree
plantation established prior to January 1, 2009; or on land that, as of January 1, 2009, was cultivated or fallow
and non-forested.
—Trees, logging residue, thinnings, cull trees, pulpwood, and brush removed from naturally regenerated forests or other nonplantation
non-plantation forests, including for the purposes of hazardous fuel reduction or preventative treatment for reducing or containing
containing insect or disease infestation.
—Logging residue, thinnings, cull trees, pulpwood, brush, and species that are non-native and noxious, from stands that were
were planted and managed after January 1, 2009, to restore or maintain native forest types.
—Dead or severely damaged trees removed within 5 years of fire, blowdown, or other natural disaster, and badly infested
trees.
•
Materials, pre-commercial thinnings, or removed invasive species from National Forest System land and public lands (as defined
in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702)), including those that are byproducts of
preventive treatments (such as trees, wood, brush, thinnings, chips, and slash), that are removed as part of a federally recognized
timber sale, or that are removed to reduce hazardous fuels, to reduce or contain disease or insect infestation, or to restore
ecosystem health, and that are:
The definition excludes lands in the National Wilderness Preservation System, Wilderness Study Areas, Inventoried Roadless Areas,
old growth or mature forest stands, components of the National Landscape Conservation System, National Monuments, National
Conservation Areas, Designated Primitive Areas; or Wild and Scenic Rivers corridors. These ineligible lands were originally in the
Healthy Forests Restoration Act of 2003 (P.L. 108-148). The definition includes “harvested in environmentally sustainable quantities”.
The agricultural component includes plant material including waste material, harvested or collected from actively managed
agricultural land that was in cultivation, cleared, or fallow and nonforested on January 1, 2009; plant material including waste material,
harvested or collected from pastureland that was nonforested on January 1, 2009; Nonhazardous vegetative matter derived from
waste, including separated yardwaste, landscape right-of-way trimmings, construction and demolition debris, or food waste (but not
municipal solid waste, recyclable wastepaper, painted, treated or pressurized wood, or wood contaminated with plastic or metals).
The definition also includes: animal waste and animal byproducts (including products of animal waste digesters); and algae.
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Biomass: Comparison of Definitions in LegislationBiomass: Comparison of Definitions in Legislation through the 111th Congress
No.
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Comments
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American Power Act
(Discussion Draft)
Definition associated with this section in the bill: Offsets (Title VII, Part E).
Title VII Sec. 700
The forestry component if the definition is nearly identical to the forestry component listed under ACES, Title I, Subtitle A, Sec. 101
(see definition 1 above), with the following two exceptions:
•
Land management plans define an old growth stand and late-successional stands.
The definition excludes lands in the National Wilderness Preservation System, Wilderness Study Areas, Inventoried Roadless
Areas, old-growth stands (as defined by the applicable land management plan), late-successional stands, except for dead, severely
damaged, or badly infested trees (as defined by the applicable land management plan), components of the National Landscape
Conservation System, National Monuments, National Conservation Areas, Designated Primitive Areas, or Wild and Scenic
Rivers corridors. These ineligible lands were originally in the Healthy Forests Restoration Act of 2003 (P.L. 108-148).
•
The definition does not specifically identify harvesting in accordance with federal and state law.
The materials, pre-commercial thinnings, or invasive species must be harvested in environmentally sustainable quantities, as
determined by the federal land manager; and in accordance with applicable law and land management plans.
The agricultural component of the renewable biomass definition is identical to the agriculture component listed under ACES, Title I,
Subtitle A, Sec. 101 (see definition 1 above).
7
American Power Act
(Discussion Draft)
Title VII Sec. 2214
CRS-17
Excess biomass definition associated with this section in the bill: Enhanced soil sequestration (Title VII, Subtitle C, Part II).
Excess biomass is any plant matter targeted for removal from public land to promote ecosystem health including trees or tree waste
on public land; wood and wood wastes and residues; and weedy plants and grasses (including aquatic, noxious, or invasive plants).
Biomass: Comparison of Definitions in Legislation through the 111th Congress
Author Contact Information
Kelsi Bracmort
Analyst in Agricultural Conservation and Natural
Resources Policy
kbracmort@crs.loc.gov, 7-7283
Congressional Research Service
Ross W. Gorte
Specialist in Natural Resources Policy
rgorte@crs.loc.gov, 7-7266
1718