This page shows textual changes in the document between the two versions indicated in the dates above. Textual matter removed in the later version is indicated with red strikethrough and textual matter added in the later version is indicated with blue.
The use of biomass as an energy feedstock has regularly been presented as a potentially viable alternative to address U.S. energy security concerns, foreign oil dependence, and rural economic development, and 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 includeincludes 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 cornBiomass may be used to produce heat, electricity, or liquid transportation fuel. Efforts to promote the use of biomass for liquid transportation fuels have focused on corn primarily. Efforts to promote the use of biomass for power generation have focused on wood, wood residues, and milling waste primarily. Comparatively less emphasis has been placed on the use of non-corn-basedother biomass feedstocks—othernoncorn food crops, non-foodnonfood 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 availabilitysupply, and dispersed location of non-cornnoncorn-based biomass feedstock. The technology development status and costs to convert non-cornnoncorn-based biomass into energy are also viewed by some as obstacles to rapid technologyadoption or deployment.
To aid in understanding the role of biomass as an energy resource, this report investigatesexamines the characterization of biomass in legislation. For over 3040 years, the term biomass has been a part ofused in legislation enacted by Congress for various programs, indicating some interest by the general public and policy makers in expanding its use. Biomass-related legislation has provided financial incentives to develop technologies that use biomass. How biomass is defined influences decisions about the types of crops that aretype of biomass that is grown, where they areit is grown, and potential preferred energy uses, among other things. There have been 14 biomass definitions included in legislation and in the tax code —including tax legislation—since 2004.
Future policy discussions about both energy—particularly legislation involving the Renewable Fuel Standard, energy tax incentives, or tribal biomass demonstration projects— (RFS) and energy tax incentives—and the environment may prompt further discussion about the definition of biomass. For example, one point of contention regarding the biomass definition and the Renewable Fuel StandardRFS is whether the term should be defined to include a larger quantity 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 StandardRFS) and that the removal of biomass can enhance forest restoration or protection from wildfires, insects, or diseases.
Bills have been introduced—in the current Congress and previous Congresses—that would modify the biomass definition, indicating some interest in expanding or refining its use. For example, S. 1614 would expand the renewable biomass definition for the RFS to include more biomass material from federal lands. Bills that would modify the biomass definition were also introduced in the 111th, 112th, and 113th Congressesprotection 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 occurred regarding the definition of biomass in the 113th Congress. This report lists biomass definitions enacted by Congress in legislation and the tax code since 2004, and discusses the similarities and differences among the definitions.
The potential for biomass to meet U.S. renewable energy demands has yet to be fully explored. Non-foodNonfood 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, high fuel prices, environmental concerns, and sustainability issues have led policy makers to createpolicymakers to propose and enact legislation that would encourage conversion of biomass into liquid fuelsfuels (e.g., ethanol, biodiesel), electricity, or thermal energy.1 Over the last five yearsSince at least 2007, 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 toother than liquid fuel (e.g., on-site heating and lighting purposes, off-site electricity).
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 fewIn recent 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 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 useful 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, often referred to as hazardous fuels.3 Removing these hazardous fuels from forests could reduce the threat of uncharacteristic catastrophic wildfires, or slow the spread of insect or disease infestation, at least in some ecosystems, while providing a feedstock for energy production.
The term biomass was first introducedused by Congress in the Powerplant and Industrial Fuel Use Act of 1978 (P.L. 95-620), where it was referred to 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, Title II), 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 waste, in Title II, Subtitle C, Rural, Agricultural, and Forestry Biomass Energy.
Three pertinent laws contain Additionally, the Energy Security Act of 1980 excluded certain types of biomass (i.e., aquatic plants and municipal waste) for certain sections of the bill (e.g., Section 252 Biomass Energy Research and Demonstration Projects).
Three laws contain pertinent 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 actslaws, but is not defined for each provision of the lawlaws. 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 definitionsEISA provides three separate definitions and EPAct05 has six biomass definitions. In contrast, the 2008 farm bill has one definition (Title IX). The tax code contains four additional definitions. In total, 14 biomass definitions have been included in legislation and the tax code —including tax legislation—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.
Of the many biomass definitions, two may be considered by policy makers, scientists, and program managers as the most comprehensivethere are two that are commonly referenced for energy production purposes: the definition in Title IX of the 2008 farm bill and the definition in Title II of EISA (see Table 1). Both laws provideinclude an extensive definition for renewable biomass, but each law defines renewable biomass somewhat differently. The recognition of biomass as renewable meansof renewable biomass, recognizing 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. In 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.4 In the 113th Congress, there was some congressional discussion and legislation to expand the EISA definition to include biomass from federal lands to better meet the RFS biofuels usage mandate.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 definitionthe renewable biomass definition for the RFS under EISA does not include planted trees, tree residue, or slash and pre-commercial thinnings from federal lands or crops from forested land as biofuel feedstocks.4 In short, the renewable biomass definition in EISA does not make available the majority of woody biomass on federal lands. There has been some congressional interest in expanding the EISA definition to include more biomass from federal lands to better meet the biofuels usage mandated by the Renewable Fuel Standard (RFS).5 Legislation has been introduced but not enacted.
EISA expanded the RFS and restricted what qualified as renewable biomass. Advocates of the renewable biomass definition in EISA include groups who favor minimal land disturbance (for ecological reasons as well as to sustain sequestered carbon)6 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 renewable 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 (non-plantationnonplantation) 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.
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 fuelsenergy. 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.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.7 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 werehave been repeated attempts to both modify and eliminate the RFS.8 Further, the 113th Congress enacted a provision that requires that the Department of Defense (DOD) notify Congress at least 30 days prior to the department entering any contract to plan, design, refurbish or construct a biofuel refinery 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 (P.L. 113-291).
Additionally, 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, particularly if it authorizes financial and technical support. LandownersFor example, 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
The definitionvarious definitions for biomass contained in legislation determines what sources of material are deemed eligiblestatute determine what qualifies as biomass and which lands are eligible for biomass removal for inclusion in the RFS and for treatment in the tax code. The biomass definitionthe RFS, farm bill energy programs, tax incentives, and more. How biomass is defined 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 energyenergy, environmental, and farm bill debates in Congress.
BiomassThus far, 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 were116th Congress has been minimal. Debates about the biomass definition have occurred in previous Congresses (e.g., 111th Congress).10 Forthcoming congressional consideration of energy issues, particularly legislation involving the Renewable Fuel StandardRFS or energy tax incentives, and environmental issues may prompt further discussion about the biomass definition in the 114116th Congress.
|
No. |
Public Law/ |
Definition |
Comments |
|
1 |
P.L. 110-246 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 In contrast to the 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. |
|
2 |
P.L. 110-140 Title II Section 201(1)(I) |
The term renewable biomass means each of the following: "(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. "(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).
|
|
3 |
P.L. 110-140 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).
Does not specify "actively managed" crops and trees as a criterion as mentioned in definition 2. |
|
4 |
P.L. 110-140 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. |
|
5 |
Tax Code Title 26 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:
|
|
6 |
Tax Code Title 26 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 |
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:
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. |
|
7 |
Tax Code Title 26 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). Denotes the following as applicable biomass:
Definition does not distinguish between open-loop biomass and closed-loop biomass. Definition appears to be more expansive than definitions provided in P.L. 110-140 and P.L. 110-246. |
|
8 |
Tax Code Title 26 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:
Does not include paper which is commonly recycled. Does not include closed-loop biomass. |
|
9 |
P.L. 109-58 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 forest-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:
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 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:
|
|
11 |
P.L. 109-58 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:
Definition limited to forestry biomass sources. Limits on private-sector participation not specified. |
|
12 |
P.L. 109-58 Title IX 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:
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. |
|
13 |
P.L. 109-58 Title XIII 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' 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:
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 Title XV 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:
Does not specify "actively managed" crops and trees as a criterion as mentioned in definition 2. Limits on private-sector participation not specified. |
Source: P.L. 110-246 (Food, Conservation, and Energy Act of 2008), P.L. 110-140 (Energy Independence and Security Act of 2007), P.L. 109-58 (Energy Policy Act of 2005), P.L. 110-172 (Tax Technical Corrections Act of 2007, P.L. 102-486 (Energy Policy Act of 1992), P.L. 101-58 (Omnibus Budget Reconciliation Act of 1990).
Notes: a. Numerical listing of definitions does not reflect any order of importance.
Author Contact Information
| 1. |
For more information on biofuels and biopower, |
||||
| 2. |
The |
||||
| 3. |
See CRS Report R40811, Wildfire Fuels and Fuel Reduction |
||||
| 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 |
||||
| 5. |
For example, | ||||
| 6. | Sequestered carbon is the storage of carbon in plants, soils, oceans, or geologic formations. |
||||
|
|
For example, H.R. 104 would reduce the amount of renewable fuel that must be contained in gasoline, among other things. H.R. 1314 (115th Congress) and S. 1584 (114th Congress) would have repealed the RFS. H.R. 4849 (113th Congress) would have eliminated eligibility for corn-starch ethanol in the program and required advanced biofuel eligible for the RFS to have been produced in the United States, among other things. 9.
|
|
For instance, the Biomass Crop Assistance Program (BCAP), established in the 2008 farm bill, is intended to support the establishment and production of eligible crops for conversion to bioenergy. For more information on BCAP, see CRS Report R41296, Biomass Crop Assistance Program (BCAP): Status and Issues, by Mark A. McMinimy. 10.
|
For example, bills were introduced in the 113th Congress that would have modified the biomass definition (H.R. 4426, H.R. 4956, H.R. 3084, S. 1267). Additionally, in the 112th Congress, bills were introduced to modify the biomass definition including |
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. |
| 8. |
For more information on BCAP, see CRS Report R41296, Biomass Crop Assistance Program (BCAP): Status and Issues. |
||||
| 9. |
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. |
||||
| 10. |
|