Summary
The use of biomass as an energy feedstock has regularly been presented as a potentially viable alternative to Biomass: Comparison of Definitions
in Legislation
Kelsi Bracmort
Specialist in Agricultural Conservation and Natural Resources Policy
November 26, 2013
Congressional Research Service
7-5700
www.crs.gov
R40529
Biomass: Comparison of Definitions in Legislation
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,
and rural economic development, and
diminishing sources of easily accessible conventional energy as a tool to possibly help improve the environment (e.g., through greenhouse gas emission reduction). Biomass (organic matter that can be
converted into energy) may include food crops, crops grown specifically to produce 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 obstacleobstacles to rapid technology deployment.
To aid understanding of
To aid in understanding the role of biomass as an energy resource, this report investigates the
characterization of biomass in legislation. For over 30 years, the term
biomassbiomass has been a part of
legislation enacted by Congress for various programs, indicating some interest by the general
public and
policymakerspolicy makers in expanding its use.
ThisBiomass-related legislation has provided financial incentives to
develop technologies that use biomass. How biomass is defined influences decisions about the
types of crops that are grown, where they are grown, and potential preferred energy uses, among
other things. There have been 14 biomass definitions included in legislation and
in the tax code
since 2004.
One point of contention is whether the term is defined to include biomass from federal lands.
Future discussions about energy—particularly legislation involving the Renewable Fuel Standard, energy tax incentives, or tribal biomass demonstration projects—may prompt further discussion about the definition of biomass. For example, one point of contention regarding the biomass definition and the Renewable Fuel Standard is whether the term should be defined to include 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 that removal of biomass can enhance
forest protection from wildfires. Forthcoming discussions about energy, particularly legislation
involving the Renewable Fuel Standard or energy tax incentives, may prompt further discussion
about the definition of biomass.
Bills introduced in the 113th Congress (H.R. 3084, S. 1267) and the 112th Congress (e.g., S. 781,
H.R. 1861) would modify forest protection from wildfires.
Bills introduced in the 113th Congress (e.g., H.R. 4426, H.R. 4956, H.R. 3084, S. 1267) would have modified the biomass definition. However, little legislative action
has occurred
occurred regarding the definition of biomass in
either the 113th or 112th Congressesthe 113th Congress. This report lists
biomass definitions enacted by Congress in legislation and the tax code since 2004 and
definitions contained in legislation from the 111th Congress (the American Clean Energy and
Security Act of 2009, H.R. 2454; the American Clean Energy Leadership Act of 2009, S. 1462;
the Clean Energy Jobs and American Power Act, S. 1733; and the discussion draft of the
American Power Act). CRS discussion of the similarities and differences among the definitions is
provided.
Congressional Research Service
Biomass: Comparison of Definitions in Legislation
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 .................................. 5
Table 2. Biomass Definitions Contained in Legislation in the 111th Congress .............................. 13
Contacts
Author Contact Information........................................................................................................... 17
Acknowledgments ......................................................................................................................... 17
Congressional Research Service
Biomass: Comparison of Definitions in Legislation
Introduction
biomass definitions enacted by Congress in legislation and the tax code since 2004, and discusses the similarities and differences among the definitions.
Biomass: Comparison of Definitions in Legislation
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,
risinghigh fuel prices, environmental concerns, and sustainability
issues have led
policymakerspolicy makers to create legislation that
encourageswould encourage conversion of biomass into
liquid fuels (e.g., ethanol, biodiesel), electricity, or thermal energy.
1 Lately1 Over the last five years, there has been
increasing interest 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 because it 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.,
onsiteon-site heating and lighting purposes, off-site electricity).
Biomass
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 (e.g.,
corn stover), wood waste and byproducts (both mill residues and traditionally noncommercial
biomass in the woods), 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 waste, and food waste. Some argue that biomass is a renewable resource that is widely available, that may be obtained at minimal cost, and that may produce less greenhouse gas than fossil fuels under certain situations. Others 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 excess
biomass (compared to historical levels) called hazardous fuels that can contribute to catastrophic
wildfires.
23 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
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. However, the term was first defined in the
Energy Security 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
1
For more information on biofuels and biopower, see CRS Report R41282, Agriculture-Based Biofuels: Overview and
Emerging Issues, and CRS Report R41440, Biomass Feedstocks for Biopower: Background and Selected Issues.
2
See CRS Report R40811, Wildfire Fuels and Fuel Reduction.
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Biomass: Comparison of Definitions in Legislation
wastes, and aquatic plants.
”" The Energy Security Act of 1980 contained two additional definitions
for biomass, excluding aquatic plants and municipal waste, in Title II, Subtitle C, Rural,
Agricultural, and Forestry Biomass Energy.
Three germane pieces of legislation define biomass
Three pertinent laws contain biomass definitions: 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 is mentioned
several times throughout the three
billsacts, but is not
always defined for each provision of the law. In
some cases, an individual law has multiple biomass definitions related to various provisions. For
example, one definition is included in the 2008 farm bill and three are provided in EISA.
EPAct05 has six biomass definitions. The tax code contains four additional definitions. In total,
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
biomass used to produce energy.
Analysis of Biomass Definitions
Two
Of the many biomass definitions
, two may be considered by
policymakerspolicy makers, scientists, and program managers
as the most comprehensive for energy production purposes: the definition in Title IX of the 2008
farm bill and the definition 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.
Whether the biomass is grown on federal lands is an important distinction between the two
definitions for renewable biomass. The 2008 farm bill includes biomass from federal lands as a
biofuel feedstock.
Under EISAIn contrast, to be eligible for the Renewable Fuel Standard (RFS)
under EISA, biomass
cannot be removed from federal lands, and the law excludes crops from forested lands.
3 There has
been4 In the 113th Congress, there was some congressional discussion and legislation
on expandingto expand the EISA definition to include
biomass from federal lands to better meet the RFS biofuels usage mandate.
4
5 None of the legislation was enacted.
EISA expanded the RFS and restricted the definition of biomass. As described above, the
renewable biomass definition for the RFS under EISA excludes biomass removed from federal
lands and crops from forested lands as biofuel feedstocks. 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
3
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, Renewable Fuel Standard (RFS): Overview and Issues.
4
For more information on meeting one of the RFS advanced biofuel mandates, see CRS Report R41106, Meeting the
Renewable Fuel Standard (RFS) Mandate for Cellulosic Biofuels: Questions and Answers.
Congressional Research Service
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Biomass: Comparison of Definitions in Legislation
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 definitionrenewable biomass definition in the 2008 farm bill include groups who seek to use the
potentially substantial volumes of waste woody biomass from federal lands and other (
nonplantationnon-plantation) 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
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. Different regions
may require different resources to develop a robust biomass feedstock market.
There is mixed support for biomass use, including its feedstock development. Recent agricultural and energy legislation has incorporated provisions and established programs
to promote the development and use of biomass as a renewable energy source.
5 The success of
these provisions and programs will be partly determined by landowner participation rates.
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 was thought to have the potential to increase the level of private landowner
participation in the biomass feedstock market was the Biomass Crop Assistance Program
(BCAP), established in Section 9011 of the 2008 farm bill.6 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.) However, BCAP was one of several farm bill
energy programs that were to expire at the end of 2012, but were extended through 2013.7 The
5
For more information, see CRS Report R40913, Renewable Energy and Energy Efficiency Incentives: A Summary of
Federal Programs and CRS Report R41985, Renewable Energy Programs and the Farm Bill: Status and Issues.
6
For more information on BCAP, see CRS Report R41296, Biomass Crop Assistance Program (BCAP): Status and
Issues.
7
The American Taxpayer Relief Act of 2012 (ATRA, P.L. 112-240) extended BCAP through FY2013. BCAP lacks
baseline funding going forward. For more information, see CRS Report R41985, Renewable Energy Programs and the
Farm Bill: Status and Issues.
Congressional Research Service
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Biomass: Comparison of Definitions in Legislation
fate of this program depends on the authorization of the 2013 farm bill.8 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.9
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 for inclusion in the
RFS and for treatment in the tax code. The biomass definition in legislation influences decisions
on the types of crops grown, where they are grown, and their potential preferred energy uses,
among other things. Biomass definitions typically contain three components: agriculture (e.g.,
crops), forestry (e.g., slash, pre-commercial 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 likely to closely monitor the biomass definitions proposed during the farm bill and energy
debates in Congress.
Thus far, biomass debate and action in the 113th Congress has been minimal, although bills have
been introduced to modify the definition (H.R. 3084, S. 1267). Further, debates about the
definition of biomass were not as extensive in the 112th Congress as they were in previous
Congresses. Bills introduced during the 112th Congress to modify the biomass definition include
S. 559, S. 781, H.R. 1861, and H.R. 1920. Forthcoming discussions about energy, particularly
legislation involving the Renewable Fuel Standard or energy tax incentives, may prompt further
discussion about the biomass definition.
Significant attention was focused on the proposed biomass definitions contained in multiple
legislative proposals put forth by the 111th Congress, including the American Clean Energy and
Security Act of 2009 (ACES; H.R. 2454), the American Clean Energy Leadership Act of 2009
(ACELA; S. 1462), the Clean Energy Jobs and American Power Act (S. 1733), and the American
Power Act (discussion draft). See Table 2.
Discussion regarding the definition of biomass during the 111th Congress tended 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 have been a
contentious aspect of the biomass definition primarily because of 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.
8
For more information, see CRS Report R43076, The 2013 Farm Bill: A Comparison of the Senate-Passed (S. 954)
and House-Passed (H.R. 2642, H.R. 3102) Bills with Current Law.
9
For more information, see CRS Report R41985, Renewable Energy Programs and the Farm Bill: Status and Issues
and CRS Report R43076, The 2013 Farm Bill: A Comparison of the Senate-Passed (S. 954) and House-Passed (H.R.
2642, H.R. 3102) Bills with Current Law.
Congressional Research Service
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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
Section 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-5
6 For example, in the 113th Congress, the House passed H.R. 2, which would have allowed Indian tribes, from FY2014-FY2018, to carry out demonstration projects to promote biomass energy production on Indian forest land and in nearby communities by providing tribes with reliable supplies of woody biomass from federal lands. However, there also have been efforts in Congress to stall or prevent the use of biomass for energy production, which in turn would impact biomass feedstock development. For instance, there were repeated attempts to eliminate certain portions of the Renewable Fuel Standard (H.R. 4849; 113th Congress). Further, the House initially passed an FY2015 National Defense Authorization Act (H.R. 3979; 113th Congress) that would have prohibited the Department of Defense (DOD) from large-scale purchases of biofuels unless they are cost-competitive, and would have also required DOD to provide a business case analysis to Congress before constructing a biofuel refinery. The provisions were significantly modified in a later version of the bill that passed both chambers and was signed into law (P.L. 113-291).7
The success of the provisions and programs that support biomass as a renewable feedstock will be partly determined by landowner participation rates. Participation rates may depend on the definition provided in the legislation that authorizes financial and technical support. Landowners are eligible to receive financial or technical assistance for biomass feedstock development based on the renewable biomass definition for a specific program. One program that may have the potential to increase the level of private landowner participation in the biomass feedstock market is the Biomass Crop Assistance Program (BCAP), established in Section 9011 of the 2008 farm bill.8 BCAP, administered by the USDA Farm Service Agency, is intended to support the establishment and production of eligible crops for conversion to bioenergy.9
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 for inclusion in the RFS and for treatment in the tax code. The biomass definition in legislation influences decisions on the types of crops grown, where they are grown, and their potential preferred energy uses, among other things. Biomass definitions typically contain three components: agriculture (e.g., crops), forestry (e.g., slash, pre-commercial 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 likely to closely monitor biomass definitions proposed during future farm bill and energy debates in Congress.
Biomass debate and action in the 113th Congress was minimal, although bills were introduced to modify its definition (H.R. 4426, H.R. 4956, H.R. 3084, S. 1267). Further, debates about the definition of biomass were not as extensive in the 113th Congress as they were in previous Congresses (e.g., 111th Congress).10 Forthcoming congressional consideration of energy issues, particularly legislation involving the Renewable Fuel Standard or energy tax incentives, may prompt further discussion about the biomass definition in the 114th Congress.
Table 1. Biomass Definitions Contained in Legislation Enacted Since 2004
No.a
Public Law/Tax Code
Definition
|
Comments
|
1
|
P.L. 110-246Food, Conservation, and Energy Act of 2008
Title IX
Section 9001(12)
The term renewable biomass means—
'(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.
|
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).
In contrast to the RFS definition of renewable biomass (EISA, Title II,
§201(1)(I)), this definition allows biomass from federal lands as a
biofuel feedstock.
The definition
includesincludes 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
nonfederalnon-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
notnot 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.
No.
2
Public Law/
Tax Code
P.L. 110-140
Energy Independence
and Security Act of
2007
Title II
Section 201(1)(I)
Definition
Comments
2
|
P.L. 110-140Energy Independence and Security Act of 2007
Title II
Section 201(1)(I)
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-6
Limits on private-sector participation evident—biomass may not be
removed from federal lands. Some biomass material may come from
non-federal forest lands.
No.
3
Public Law/
Tax Code
P.L. 110-140
Energy Independence
and Security Act of
2007
Title XII
Section 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).
"(iii) Animal waste material and animal byproducts.
"(iv) Slash and pre-commercial thinnings that are from non-federal 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.
Definition associated with this section in the bill: Renewable Fuel Standard (Title II, Subtitle A).
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.
- Some biomass material may come from non-federal forest lands.
|
3
|
P.L. 110-140Energy Independence and Security Act of 2007
Title XII
Section 1201
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, Section 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
Section
1203(e)(z)(4)(A)
CRS-7
The term biomass—’(i) means any organic material that is
4
|
P.L. 110-140Energy Independence and Security Act of 2007
Title XII
Section 1203(e)(z)(4)(A)
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.
No.
5
Public Law/
Tax Code
Tax Code
2007
Title 26
Subtitle A
Chapter 1
Subchapter A
Part IV
Subpart D
Definition
Comments
5
|
Tax Code2007
Title 26Subtitle AChapter 1Subchapter APart IVSubpart D
Section 45(c)(2)
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 (§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.
Section 45(c)(2)
6
Tax Code
2007
Title 26
Subtitle A
Chapter 1
Subchapter A
Part IV
Subpart D
Section 45(c)(3)
CRS-8
6
|
Tax Code2007
Title 26Subtitle AChapter 1Subchapter APart IVSubpart D
Section 45(c)(3)
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 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
byproductsby-products 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 (§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.
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)
7
|
Tax Code2007
Title 26Subtitle AChapter 1Subchapter APart IVSubpart D
Section 45k(c)(3)
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 (§45k).
•
Tax Code
2007
Title 26
Subtitle A
Chapter 1
Subchapter A
Part IV
Subpart E
Section 48b(c)(4)
Denotes the following as applicable biomass:
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.
Section 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.
8
|
Tax Code2007
Title 26Subtitle AChapter 1Subchapter APart IVSubpart E
Section 48b(c)(4)
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 (§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.
CRS-9
No.
9
Public Law/
Tax Code
P.L. 109-58
Energy Policy Act of
2005
Title II
Section 203(b)(1)
Definition
Comments
The term biomass means any lignin waste material that is
9
|
P.L. 109-58Energy Policy Act of 2005
Title II
Section 203(b)(1)
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
forestrelatedforest-related 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
forestrelatedforest-related 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” 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
Section 206(a)(6)(B)
The term biomass
10
|
P.L. 109-58Energy Policy Act of 2005
Title II
Section 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.
CRS-10
No.
11
Public Law/
Tax Code
P.L. 109-58
Energy Policy Act of
2005
Title II
Section 210(a)(1)
Definition
Comments
The term biomass means nonmerchantable materials or
11
|
P.L. 109-58Energy Policy Act of 2005
Title II
Section 210(a)(1)
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
Section 932(a)(1)
The term biomass means—(A) any organic material grown for
12
|
P.L. 109-58Energy Policy Act of 2005
Title IXSubtitle C
Section 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.
CRS-11
No.
13
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,
‘
13
|
P.L. 109-58Energy Policy Act of 2005
Title XIIISubtitle A
Section 1307
Section 48B(c)(4)
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’'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.
Section 1307
•
any byproduct of wood or paper mill operations.
Section 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
Section 1512(r)(4)(B)
14
|
P.L. 109-58Energy Policy Act of 2005
Title XVSubtitle A
Section 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.
CRS-12
Table 2. Biomass Definitions Contained in Legislation in the 111th Congress
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
(ACES)
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
Section 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.
Advocates for this biomass definition include groups who seek to use the potentially substantial volumes of waste woody biomass
from federal lands and other (non-plantation) 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.
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, Section
101 (see definition 1 above).
Title I
Subtitle C
Section 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, Section 101 (see definition 1 above).
This definition would replace the EISA current definition of renewable biomass under the RFS.
CRS-13
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, Section 101 (see definition 1 above).
Title VIII
Part E
Section 751
4
S. 1462
American Clean Energy
Leadership Act of 2009
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:
(ACELA)
•
residues and byproducts from milled logs;
Title 1
Subtitle C
Section 133
•
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 and through practices that maintain or contribute to the restoration of the species, ecological systems, and
ecological communities for which the conservation forest land was identified, conservation forest land (as defined in the
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 §45(c)(3)).
CRS-14
No.
Bill
Comments
Advocates for this definition include groups who seek to use the potentially substantial volumes of waste woody biomass from
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.
5
S. 1733
Definition associated with this section in the bill: Offsets (S. 1733, Title VII, Part D).
Title VII
Section 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
non-plantation forests, including for the purposes of hazardous fuel reduction or preventative treatment for reducing or
containing insect or disease infestation.
—Logging residue, thinnings, cull trees, pulpwood, brush, and species that are non-native and noxious, from stands that
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 not from components of 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; harvested
in environmentally sustainable quantities, as determined by the appropriate Federal land manager; and are harvested 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 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.”
CRS-15
No.
Bill
Comments
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.
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.
6
American Power Act
(Discussion Draft)
Title VII Section 700
Definition associated with this section in the bill: Offsets (Title VII, Part E).
The forestry component of the definition is nearly identical to the forestry component listed under ACES, Title I, Subtitle A, Section
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, Section 101 (see definition 1 above).
7
American Power Act
(Discussion Draft)
Title VII Section 2214
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).
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.
CRS-16
Biomass: Comparison of Definitions in Legislation
Author Contact Information
Kelsi Bracmort
Specialist in Agricultural Conservation and Natural
Resources Policy
kbracmort@crs.loc.gov, 7-7283
Acknowledgments
Ross Gorte, retired CRS Specialist in Natural Resources Policy, made important contributions to this
report.
Congressional Research Service
17
Limits on private-sector participation not specified.
a. Numerical listing of definitions does not reflect any order of importance.
Footnotes
| 1.
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For more information on biofuels and biopower, see CRS Report R41282, Agriculture-Based Biofuels: Overview and Emerging Issues, and CRS Report R41440, Biomass Feedstocks for Biopower: Background and Selected Issues.
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| 2.
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The relatively recent interest in cellulosic biomass is also likely due to the expanded Renewable Fuel Standard (RFS), which required that specific volumes of cellulosic biofuel be included in transportation fuel starting in 2010. For more information on the cellulosic biofuel requirement for the RFS, see CRS Report R41106, The Renewable Fuel Standard (RFS): Cellulosic Biofuels.
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| 3.
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See CRS Report R40811, Wildfire Fuels and Fuel Reduction.
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| 4.
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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, Renewable Fuel Standard (RFS): Overview and Issues.
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| 5.
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For example, H.R. 4956 (113th Congress) would have removed the non-federal land requirement from the renewable biomass definition applicable for the Renewable Fuel Standard. This would have allowed biofuel produced from biomass from forestlands on public lands to qualify for the mandate.
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| 6.
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For more information, see CRS Report R43416, Energy Provisions in the 2014 Farm Bill (P.L. 113-79), and CRS Report R40913, Renewable Energy and Energy Efficiency Incentives: A Summary of Federal Programs.
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| 7.
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There is a provision in the law that requires that DOD notify Congress at least 30 days prior to the department entering any contract to plan, design, refurbish or construct a biofuel refinery.
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| 8.
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For more information on BCAP, see CRS Report R41296, Biomass Crop Assistance Program (BCAP): Status and Issues.
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| 9.
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Crops or lands that receive payments under Title I of the 2008 farm bill are not eligible for participation in BCAP. Title 1 of the farm bill covers farm commodity support and dairy support, among other items.
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| 10.
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There was also minimal debate about biomass definitions in the 112th Congress. Bills introduced during the 112th Congress to modify the biomass definition included S. 559, S. 781, H.R. 1861, and H.R. 1920. Significant attention was focused on the proposed biomass definitions contained in multiple legislative proposals put forth by the 111th Congress, including the American Clean Energy and Security Act of 2009 (ACES; H.R. 2454), the American Clean Energy Leadership Act of 2009 (ACELA; S. 1462), the Clean Energy Jobs and American Power Act (S. 1733), and the American Power Act (discussion draft). Discussion regarding the definition of biomass during the 111th Congress tended 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 have been a contentious aspect of the biomass definition primarily because of 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.
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