Order Code RL34239
Biofuels Provisions in the 2007 Energy Bill and
the 2008 Farm Bill: A Side-by-Side Comparison
Updated June 27, 2008
Tom Capehart and Randy Schnepf
Specialists in Agricultural Policy
Resources, Science, and Industry Division
Brent D. Yacobucci
Specialist in Energy and Environmental Policy
Resources, Science, and Industry Division

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Biofuels Provisions in the 2007 Energy Bill and the
2008 Farm Bill: A Side-by-Side Comparison
Summary
The Energy Independence and Security Act of 2007 (EISA, P.L. 110-140), also
known as the 2007 energy bill, significantly expands existing programs to promote
biofuels. The Food, Conservation, and Energy Act of 2008 (P.L. 110-246), also
known as the 2008 farm bill, contains a distinct energy title (Title IX) that covers a
wide range of energy and agricultural topics with extensive attention to biofuels,
including corn-starch based ethanol, cellulosic ethanol, and biodiesel. Research
provisions relating to renewable energy are found in Title VII and tax provisions are
found in Title XV of the farm bill.
Key biofuels-related provisions of EISA and the 2008 farm bill include:
! a major expansion of the renewable fuel standard (RFS) established
in the Energy Policy Act of 2005 (P.L. 109-58) [EISA];
! expansion and/or modification of tax credits for ethanol [farm bill];
! grants and loan guarantees for biofuels (especially cellulosic)
research, development, deployment, and production [EISA, farm
bill];
! studies of the potential for ethanol pipeline transportation, expanded
biofuel use, market and environmental impacts of increased biofuel
use, and the effects of biodiesel on engines [EISA, farm bill];
! expansion of biofuel feedstock availability [farm bill];
! reauthorization of biofuels research and development at the U.S.
Department of Energy [EISA] and the U.S. Department of
Agriculture and Environmental Protection Agency [farm bill]; and
! reduction of the blender tax credit for corn-based ethanol, a new
production tax credit for cellulosic ethanol, and continuation of the
import duty on ethanol [farm bill].
This report includes information from CRS Report RL34130, Renewable
Energy Policy in the 2007 Farm Bill, by Randy Schnepf and Tom Capehart, and CRS
Report RL34136, Biofuels Provisions in the Energy Independence and Security Act
of 2007 (P.L. 110-140), H.R. 3221, and H.R. 6: A Side-by-Side Comparison, by Brent
D. Yacobucci.

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Contents
Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Key Elements of EISA and the 2008 Farm Bill . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
List of Tables
Table 1. Comparison of Current or Prior Law with Biofuels Provisions in EISA
and the Enacted Farm Bill . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

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Biofuels Provisions in the 2007 Energy Bill
and the 2008 Farm Bill:
A Side-by-Side Comparison
Introduction
Recent high energy prices, concerns over energy security, and the desire to
promote rural business and to reduce air pollutant and greenhouse gas emissions have
sparked congressional interest in promoting greater use of alternatives to petroleum
fuels. Biofuels — transportation fuels produced from plant and animal materials —
have attracted particular interest. Ethanol and biodiesel, the two most widely used
biofuels, receive significant federal support in the form of tax incentives, loan and
grant programs, and regulatory programs.1
The Energy Policy Act of 2005 (EPAct, P.L. 109-58) established a renewable
fuel standard (RFS). This initial RFS required the increasing use of renewable fuel
in gasoline, starting at 4.0 billion gallons in 2006 and increasing to 7.5 billion gallons
in 2012. However, the RFS was significantly expanded on December 19, 2007, when
President Bush signed the Energy Independence and Security Act of 2007 (EISA).
Instead of requiring 5.4 billion gallons of renewable fuel in 2008, the new law
requires 9.0 billion gallons. Further, the 2007 law requires that the RFS be expanded
to 36 billion gallons of renewable fuel by 2022, as compared to an estimated 8.6
billion gallons under EPAct. Although this is not an explicit ethanol mandate, it is
expected that much of this requirement will be met using corn-based ethanol.2 The
U.S. ethanol industry expanded rapidly in response to EPAct, outpacing the required
growth in the earlier RFS and leading some proponents of corn-based ethanol to
support an increase in the mandated levels of the RFS.
The Food, Conservation, and Energy Act of 2008 (2008 farm bill, P.L. 110-246)
promotes the development of cellulosic ethanol production through new blender tax
credits, reduces slightly the production tax credit for corn-derived ethanol when
production reaches 7.5 billion gallons, and continues the tariff on imported ethanol.
It also expands research on agricultural renewable energy and encourages
infrastructure development needed for cellulosic ethanol production.
During the final months of the farm bill debate, both food and fuel prices
increased dramatically, and the role of corn-based ethanol in food price inflation
1 For more information on federal biofuels incentives, see CRS Report RL33572, Biofuels
Incentives: A Summary of Federal Programs, by Brent D. Yacobucci.
2 For more information on ethanol, see CRS Report RL33290, Fuel Ethanol: Background
and Public Policy Issues, by Brent D. Yacobucci.

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CRS-2
became a subject of intense debate. Because of the rapid expansion of U.S. corn
ethanol capacity — as of May 28, 2008, existing capacity was an estimated at 8.7
billion gallons per year, while an additional 4.9 billion gallons was under
construction3 — some are concerned that the United States will soon reach the limit
of ethanol that can be produced from corn. Critics of corn-based ethanol argue that
the industry does not need continued government support, and that current corn
demand for ethanol is putting a strain on corn and other grain markets, leading to
increases in other commodity prices, such as livestock feed, which then leads to
higher dairy and meat prices.4 Critics also argue that the environmental costs of corn-
based ethanol may outweigh the benefits. Proponents of corn-based ethanol
production assert that increased acreage and upward-trending yields will enable corn
producers to satisfy the demand for corn for feed, fuel, and exports.
Advanced biofuels based on non-food feedstocks are generating much interest.
Feedstocks that could be grown on marginal land with reduced inputs compared with
corn would solve the food versus fuel issue, it has been argued. However, biofuels
that rely on other sources of biomass, including agricultural wastes, municipal solid
waste, and dedicated non-food energy crops such as perennial grasses, fast-growing
trees, and algae are still years from commercial production. Nonetheless, this interest
has led to proposals to support and/or mandate biofuels produced from feedstocks
other than corn starch through explicit requirements, research, development and
extension funding, and/or tax incentives.5 Non-corn biofuels could include fuels
produced from cellulosic material (such as perennial grasses), ethanol produced from
sugarcane or beets, and biodiesel or renewable diesel produced from vegetable or
animal oils.6 Under EISA, eligible corn-based ethanol production is capped at 15
billion gallons by 2015. Starting in 2009, the RFS will require that an increasing
amount of the mandate be met through the use of “advanced biofuels” — biofuels
produced from feedstocks other than corn starch.
Key Elements of EISA and the 2008 Farm Bill
The following table provides a side-by-side comparison of biofuels-related
provisions in EISA with the enacted farm bill — the Food, Conservation, and Energy
Act of 2008. President Bush signed EISA on December 19, 2007, and the Food,
Conservation, and Energy Act of 2008 became law on June 18, 2008, after President
3 Renewable Fuels Association, [http://www.ethanolrfa.org/industry/locations].
4 For more information on the issues surrounding rapid ethanol expansion, see CRS Report
RL33928, Ethanol and Biofuels: Agriculture, Infrastructure, and Market Constraints
Related to Expanded Production, by Brent D. Yacobucci and Randy Schnepf.
5 Non-corn-starch feedstocks include other parts of the corn plant, such as the husks and the
stalks, which are high in cellulose.
6 For more information on biodiesel, see CRS Report RL32712, Agriculture-Based
Renewable Energy Production, by Randy Schnepf.

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CRS-3
Bush’s veto was overridden by both the Senate and the House.7 Both bills cover a
wide range of energy and agricultural topics in addition to biofuels.
The table is organized in the same order as EISA, followed by provisions that
are exclusively in the enacted farm bill.
Key biofuels-related provisions of EISA and the 2008 farm bill include:
! a major expansion of the renewable fuel standard (RFS) established
in the Energy Policy Act of 2005 (P.L. 109-58) [EISA];
! expansion and/or modification of tax credits for ethanol [farm bill];
! grants and loan guarantees for biofuels (especially cellulosic)
research, development, deployment, and production [EISA, farm
bill];
! studies of the potential for ethanol pipeline transportation, expanded
biofuel use, market and environmental impacts of increased biofuel
use, and the effects of biodiesel on engines [EISA, farm bill];
! expansion of biofuel feedstock availability [farm bill];
! reauthorization of biofuels research and development at the U.S.
Department of Energy [EISA] and the U.S. Department of
Agriculture and Environmental Protection Agency [farm bill]; and
! reduction of the blender tax credit for corn-based ethanol, a new
production tax credit for cellulosic ethanol, and continuation of the
import duty on ethanol [farm bill].
7 The conference agreement on the 2008 farm bill was originally approved by the House and
the Senate as H.R. 2419 and vetoed by the President in May 2008. Both chambers overrode
the veto, making the bill law (P.L. 110-234). However, the trade title was inadvertently
excluded from the enrolled bill. To remedy the situation, both chambers repassed the farm
bill conference agreement (including the trade title) as H.R. 6124. The President vetoed the
measure in June 2008 and both chambers again overrode the veto, which made H.R. 6124
law (P.L. 110-246), and repealed P.L. 110-234.

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CRS-4
Table 1. Comparison of Current or Prior Law with Biofuels Provisions in EISA and the Enacted Farm Bill
Topic
Current or Prior Law
Energy Independence and Security Act
2008 Farm Bill
(P.L. 110-140)
(P.L. 110-246)
P.L. 110-140, Title I — Energy Security Through Improved Fuel Economy
Consumer Information
No prior provision.
The Dept. of Transportation is required to carry
No comparable provision.
out an educational program to inform consumers
about the fuel savings and emissions benefits of
new vehicles, including the benefits from the use
of alternative fuels.
[Sec. 105]
Fuel Tank Labeling
No prior provision.
Requires the Dept. of Transportation to issue a
No comparable provision.
Requirement
final rule by June 2011 requiring automakers to
clearly label the fuel compartment of alternative
fuel vehicles with the form of alternative fuel
stated on the label. [Sec. 105]
Extension of Flexible Fuel
Under the Corporate Average Fuel
Amends the CAFE program to extend alternative
No comparable provision.
Vehicle Credit Program /
Economy (CAFE) program, automakers
fuel vehicle credits through model year 2019, at a
Biodiesel as Alternative fuel
may generate credits toward their
declining rate. Also allows vehicles capable of
for CAFE Purposes
compliance for the production and sale
operating on B20 to be treated as vehicles eligible
of alternative fuel vehicles, as defined in
for CAFE credits. Expanding the definition of
law. Currently, B20 (a blend of 20%
alternative fuel vehicle to include B20 could
biodiesel and 80% petroleum diesel)
make all diesel passenger cars and light trucks
vehicles are not considered alternative
eligible for credits under CAFE. Currently, some
fuel vehicles. [49 U.S.C. 32901 et seq.]
diesel passenger vehicles are warrantied to run on
B5, but few technical barriers exist to make new
diesel vehicles B20-capable.
[Sec. 109]
P.L. 110-140, Title II — Energy Security Through Increased Production of Biofuels
Renewable Fuel Standard
The Energy Policy Act of 2005
Amends the RFS to include all transportation
No comparable provision.
established a Renewable Fuel Standard
fuels (except for fuels used in ocean-going
(RFS) which requires the use of an
vessels). Expands the existing requirement to 9.0

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CRS-5
Topic
Current or Prior Law
Energy Independence and Security Act
2008 Farm Bill
(P.L. 110-140)
(P.L. 110-246)
increasing amount of renewable fuels in
billion gallons in 2008, increasing to 36 billion
gasoline. The mandate increases from
gallons in 2022. Requires renewable fuels
4.0 billion gallons in 2006 to 7.5 billion
produced at new facilities to have at least 20%
gallons in 2012. Starting in 2013, the
lower lifecycle greenhouse gas (GHG) emissions
proportion of renewable fuel to gasoline
than petroleum fuels. Starting in 2009, requires
must equal or exceed the proportion in
that an increasing amount of the above mandate
2012. Starting in 2013, of the amount
be met using “advanced biofuels,” defined as
mandated above, at least 250 million
biofuels derived from feedstocks other than corn
gallons must be fuel derived from
starch with 50% lower lifecycle GHG emissions.
cellulosic material.
By 2022, requires 21 billion gallons of advanced
[P.L. 109-58, Sec. 1501], [42 U.S.C.
biofuel. Of the advanced biofuel mandate,
7545]
specific carve-outs are made for cellulosic fuels
and biomass-derived diesel substitutes.
[Sec. 202]
Study of Impact of Increased
By August 2009, EPA must publish a
DOE, in consultation with USDA and EPA, is
Comprehensive Study of Biofuels — The
Renewable Fuel Use
draft analysis of the effects of the fuels
required to enter into an agreement with the
Dept. of Treasury, with DOE, USDA, and
provisions in P.L. 109-58 on air
National Academy of Sciences (NAS) to study
EPA shall have the National Academy of
pollutant emissions and air quality. [P.L.
the impacts of the RFS on industries related to
Sciences analyze scientific findings on
109-58, Sec. 1505], [42 U.S.C. 7545(b)]
feed grains, livestock, food, forest products, and
current and future biofuels production,
energy. The NAS study must assess the likely
impacts, trends, and policies. [Sec. 15322]
EPA is required to conduct a survey to
effects on domestic animal agriculture and policy
determine the market share of gasoline
options to alleviate negative effects; identify
containing ethanol and other renewable
agricultural conditions that would warrant a
fuels. [P.L. 109-58, Sec. 1501(c)], [42
waiver of the RFS requirements; and make
U.S.C. 7545]
recommendations to limit adverse economic
impacts from the RFS.
DOE is required to collect and publish
[Sec. 203]
monthly survey data on the production,
blending, importing, demand, and price
of renewable fuels, both on a national
and regional basis.
[P.L. 109-58, Sec. 1508], [42 U.S.C.
7135]

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CRS-6
Topic
Current or Prior Law
Energy Independence and Security Act
2008 Farm Bill
(P.L. 110-140)
(P.L. 110-246)
Environmental and Resource
No prior provision.
EPA, in consultation with the USDA and DOE,
No comparable provision.
Conservation Impacts
must study the impacts of the RFS on
environmental issues, resource conservation
issues, and invasive or noxious species.
[Sec. 204]
Biomass Based Diesel and
No prior provision.
The Federal Trade Commission is required to
No comparable provision.
Biodiesel Labeling
promulgate rules requiring diesel retailers to label
their pumps with the percentage of biomass-
based diesel or biodiesel that is offered for sale.
[Sec. 205]
Study of Credits for Use of
Under the original RFS, cellulosic
EPA is required to study the feasibility of issuing
No comparable provision.
Renewable Electricity in
biofuels are eligible for additional
credits under the RFS for electric vehicles
Electric Vehicles /
credits under the mandate. A gallon of
powered by electricity from renewable resources.
Production of Renewable
cellulosic biofuel is considered equal to
Within 180 days of enactment, EPA must report
Fuel Using Renewable
2.5 gallons of ethanol. For this section,
to Congress on the findings of the study.
Energy
“cellulosic biofuels” includes both
[Sec. 206]
biofuels produced from cellulose and
biofuels produced from sugars or
starches (e.g., corn ethanol) if biomass is
used to displace fossil energy in the
refining of the fuel.
[P.L. 109-58, Sec. 1501], [42 U.S.C.
7545]
Grants for Production of
The DOE may provide grants for the
Requires DOE to establish a grant program for
Biorefinery Assistance. New section 9003.
Advanced Biofuels
construction of facilities to produce
the production of advanced biofuels that have at
Provides competitive grants and loan
renewable fuels (including ethanol) from
least an 80% reduction in lifecycle greenhouse
guarantees for construction and retrofitting
cellulosic biomass, agricultural
gas emissions relative to current fuels.
of biorefineries for the production of
byproducts, agricultural waste, and
Authorizes discretionary appropriation of a total
advanced biofuels. Biorefinery grants up to
municipal solid waste. Discretionary
of $500 million for FY2008-FY2015.
30% of total cost. Loan guarantees limited
appropriations of $100 million for
[Sec. 207]
to $250 million or 80% of project cost.
FY2006, $250 million for FY2007, and
Mandatory funding of $75 million in
$400 million for FY2008 are authorized.
FY2009 and $245 million in FY2010,

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CRS-7
Topic
Current or Prior Law
Energy Independence and Security Act
2008 Farm Bill
(P.L. 110-140)
(P.L. 110-246)
[P.L. 109-58, Sec. 1512]
available until expended for loan guarantees.
An existing grant program finances the
Discretionary funding of $150 million
development and construction of
annually is authorized for FY2009-12.
biorefineries and biofuel production
[Sec. 9001]
plants and implements projects to
demonstrate the commercial viability of
Repowering Assistance. New section 9004.
converting biomass to fuels or
Provides USDA funds for repowering
chemicals. No funds have been
assistance to reduce or eliminate their use of
appropriated for the program.
fossil fuels for biorefineries in existence at
[P.L. 107-171, Sec. 9003], [7 USC
enactment. Mandatory Commodity Credit
8103]
Corporation (CCC) funding of $35 million
for FY2009, available until expended.
Authorizes discretionary funding of $15
million annually for FY2009-12. [Sec.
9001]
Integrated Consideration of
Section 211(c) of the Clean Air Act
Expands EPA’s authority to control engines,
No comparable provision.
Water Quality in
allows EPA to control or prohibit the
vehicles, fuels, and fuel additives under Sec.
Determinations on Fuels and
production and/or sale of any engine,
211(c) of the Clean Air Act to include effects on
Fuel Additives
vehicle, fuel, or fuel additive that causes
water pollution.
or contributes to air pollution “that may
[Sec. 208]
be reasonably anticipated to endanger
the public health or welfare.”
[42 U.S.C. 7545(c)]
Anti-Backsliding
No provision.
Requires EPA to study the potential adverse
No comparable provision.
effects to air quality from the expanded RFS, and
to promulgate regulations to mitigate those
effects.
[Sec. 209]
Effective Date, Savings
No provision.
For 2008 and 2009, any ethanol plant powered by
No comparable provision.
Provision, and Transition
natural gas, biomass, or a combination of the two
Rules
is treated as having a 20% reduction in lifecycle
greenhouse gas emissions (See Sec. 202). For

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CRS-8
Topic
Current or Prior Law
Energy Independence and Security Act
2008 Farm Bill
(P.L. 110-140)
(P.L. 110-246)
2008, all current EPA regulations on the RFS are
unchanged, except for the increase in the volume
mandated by Sec. 202.
[Sec. 210]
Biodiesel Report
No provision.
Requires the DOE to report to Congress on the
No comparable provision.
R&D challenges to expanding biodiesel use (to
an unspecified level)
[Sec. 221]
Biogas Report
No provision.
Requires the DOE to report to Congress on the
No comparable provision.
R&D challenges to expanding biogas and
biogas/natural gas blends (to an unspecified
level). [Sec. 222]
Grants for Biofuel
DOE is authorized to receive $25 million
Discretionary appropriations of $25 million
No comparable provision.
Production and R&D in
annually for FY2006-FY2010 for R&D
authorized annually for FY2008-FY2010 for
Certain States
and implementation of renewable fuel
R&D and commercial application of biofuel
production technologies in states with
production in states with low rates of ethanol and
low rates of ethanol production that are
cellulosic ethanol production (this could in effect
under the federal reformulated gasoline
apply to all states).
(RFG) program.
[Sec. 223]
[P.L. 109-58, Sec. 1511(d)], [42 U.S.C.
7411]
Biorefinery Energy
The DOE is directed to conduct research
Amends Sec. 932 of P.L. 109-58 to include
No comparable provision.
Efficiency
on commercial applications of biomass
research on energy efficiency at biorefineries and
and bioenergy.
on technology to convert existing corn-based
[P.L. 109-58, Sec. 932], [42 U.S.C.
ethanol plants to process cellulosic materials.
16232]
[Sec. 224]
Study of Optimization of
No provision.
DOE is directed to study whether optimizing
No comparable provision.
Flexible Fueled Vehicles to
flexible fuel vehicles (FFVs) to run on E85 would
use E-85 Fuel
increase their fuel efficiency. Current FFVs are
optimized to run on gasoline, since that tends to
be their primary fuel. [Sec. 225]

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CRS-9
Topic
Current or Prior Law
Energy Independence and Security Act
2008 Farm Bill
(P.L. 110-140)
(P.L. 110-246)
Study of Engine Durability
No current provision.
DOE, in consultation with EPA, is directed to
No comparable provision.
and Performance Associated
study the effects of various biodiesel/diesel
with the Use of Biodiesel
blends on engine performance and durability.
[Sec. 226]
Study of Optimization of
No prior provision.
DOE is directed to study the potential for
No comparable provision.
Biogas Used in Natural Gas
optimizing natural gas vehicles to run on biogas
Vehicles
(methane produced from biological feedstocks).
[Sec. 227]
Algal Biomass
Various statutes promote biofuels R&D,
DOE is required to report to Congress on
No comparable provision.
including the development of biofuels
progress toward developing algae as a feedstock
from algae, at the Department of Energy.
for biofuel production.
[42 U.S.C. 16232]
[Sec. 228]
Biofuels and Biorefinery
No prior provision.
Directs DOE to establish a technology transfer
No comparable provision.
Information Center
center to provide information on biofuels and
biorefineries.
[Sec. 229]
Cellulosic Ethanol and
No prior provision.
Authorizes the DOE to provide biofuels R&D
No comparable provision.
Biofuels Research
grants to 10 institutions from land-grant colleges,
Historically Black Colleges or Universities, tribal
serving institutions, or Hispanic serving
institutions. $50 million for FY2008 is authorized
to be appropriated, to be available until
expended.
[Sec. 230]
Bioenergy R&D -
DOE is directed to conduct R&D on
Amends Sec. 931 of P.L. 109-58 to authorize a
No comparable provision.
Authorization of
biomass, bioenergy, and bioproducts.
total of $1.2 billion in discretionary
Appropriation
Discretionary appropriations of $213
appropriations for FY2008-FY2010 for R&D on
million are authorized for FY2007, $251
biomass, bioenergy, and bioproducts.
million for FY2008, and $274 million
[Sec. 231]
for FY2009. [P.L. 109-58, Sec. 931(c)],
[42 U.S.C. 16232]

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CRS-10
Topic
Current or Prior Law
Energy Independence and Security Act
2008 Farm Bill
(P.L. 110-140)
(P.L. 110-246)
Environmental Research and
DOE is required to establish a program
DOE is required to expand the biological R&D
No comparable provision.
Development
of research, development, and
program established in Sec. 977 of P.L. 109-58 to
demonstration in microbial and plant
include environmental effects, potential for
systems biology, protein science, and
greenhouse gas reductions, and the potential for
computational biology. Biomedical
more sustainable agriculture. See also Sec. 233
research and research related to humans
of EISA (below).
are not permitted as part of the program.
[Sec. 232(a)]
[P.L. 109-58, Sec. 977], [42 U.S.C.
16232]
Lifecycle Analysis Tools for
No prior provision.
DOE is required to study and develop tools for
Requires USDA to support research on
Evaluating the Energy
evaluating the lifecycle energy consumption and
making a farm or ranch energy-neutral. [Sec.
Consumption and
the potential for greenhouse gas emissions from
7207]
Greenhouse Gas Emissions
biofuels.
from Biofuels
[Sec. 232(b)]
Small-Scale Production and
No prior provision.
Amends the Biofuels Research and Development
Requires USDA support of on-farm energy
Use of Biofuels
Act of 2000 to require the Secretary of
conservation and renewable energy
Agriculture to establish a R&D program to
production. [Sec 7207]
facilitate small-scale production and local and on-
farm use of biofuels.
[Sec. 232(c)]
Bioenergy Research Centers
DOE is required to establish a program
Requires the establishment of at least seven
No comparable provision.
of R&D and demonstration of microbial
research centers that focus on bioenergy to be
and plant systems biology, protein
included in the R&D program established in Sec.
science, and computational biology.
977 of P.L. 109-58.
Biomedical research and research related
[Sec. 233]
to humans are not permitted as part of
the program.
[Energy Policy Act of 2005, P.L. 109-
58, Sec. 977], [42 U.S.C. 16232]

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CRS-11
Topic
Current or Prior Law
Energy Independence and Security Act
2008 Farm Bill
(P.L. 110-140)
(P.L. 110-246)
University Based Research
No prior provision.
Requires DOE to establish a program of
No comparable provision.
and Development Grant
competitive grants to institutions of higher
Program
education for research on renewable energy
technologies. Each grant may not exceed $2
million. A total of $25 million in discretionary
appropriations is authorized for the program.
[Sec. 234]
Prohibition on Franchise
No prior provision.
Amends the Petroleum Marketing Practices Act
No comparable provision.
Agreement Restrictions
(15 U.S.C. 2801 et seq.) to make it unlawful for a
Related to Renewable Fuel
franchiser to prohibit a franchisee from installing
Infrastructure
E85 or B20 tanks and pumps within the franchise
agreement.
[Sec. 241]
Renewable Fuel Dispenser
No prior provision.
DOE is required to report to Congress on the
No comparable provision.
Requirements — Report to
market penetration of flexible fuel vehicles and
Congress
on the feasibility of requiring fuel retailers to
install E85 infrastructure.
[Sec. 242]
Ethanol Pipeline Feasibility
No prior provision.
DOE, in consultation with DOT, is required to
No comparable provision..
Study
report on the feasibility of constructing dedicated
ethanol pipelines. $1 million in discretionary
funds is authorized annually for FY2008 and
FY2009, to remain available until expended.
[Sec. 243]
Renewable Fuel
No prior provision.
Directs DOE to provide grants for conversion
No comparable provision.
Infrastructure Development
assistance, technical and marketing assistance,
and pilot programs to expand infrastructure for
ethanol/gasoline blends of between 11% and 84%
ethanol, and renewable fuel/diesel fuel blends of
at least 10% renewable diesel. Discretionary
funds of $200 million is authorized annually for

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CRS-12
Topic
Current or Prior Law
Energy Independence and Security Act
2008 Farm Bill
(P.L. 110-140)
(P.L. 110-246)
FY2008-FY2014.
[Sec. 244]
Study of the Adequacy of
No prior provision.
DOE, jointly with DOT, are required to report on
No comparable provision.
Transportation of
the adequacy of railroads and modes for
Domestically-Produced
transportation of domestically produced
Renewable Fuel by
renewable fuel.
Railroads and Other Modes
[Sec. 245]
of Transportation
Federal Fleet Refueling
No prior provision.
Requires the head of each federal agency to
No comparable provision.
Centers
install at least one renewable fuel pump at each
federal fleet refueling center by January 1, 2010.
Further, the Administration is required to report
each October 31 on progress toward meeting this
requirement. The requirement does not apply to
Department of Defense fueling centers with less
than 100,000 gallons in annual fuel turnover.
[Sec. 246]
Standard Specifications for
No prior provision.
If ASTM International (originally the American
No comparable provision.
Biodiesel
Society for Testing and Materials) has not
adopted standards for B5 and B20 within one
year of enactment, the EPA Administrator is
required to do so. No new funding is authorized.
[Sec. 247]
Biofuels Infrastructure
No prior provision.
Directs DOE to conduct an R&D program on the
Requires joint USDA, DOE, EPA study on
effects of biofuels on existing transportation fuel
the infrastructure needs associated with
distribution systems.
significant expansion in biofuels production
[Sec. 248]
and use. [Sec. 9002]
Waiver for Fuel or Fuel
Under Sec. 211(f) of the Clean Air Act,
Prohibits the introduction of new renewable fuels
No comparable provision.
Additives
no new fuels or fuel additives may be
or renewable fuel additives unless EPA explicitly
introduced into commerce unless
grants a waiver under Sec. 211(f) of the Clean
granted a waiver by EPA. If EPA has
Air Act. EPA is required to take final action

---

CRS-13
Topic
Current or Prior Law
Energy Independence and Security Act
2008 Farm Bill
(P.L. 110-140)
(P.L. 110-246)
not acted within 180 days of receipt of a
within 270 days of receipt of the waiver request.
waiver request, the waiver is treated as
Before the passage of EISA, inaction or failure to
granted.
complete review of an additive by EPA allowed a
[42 U.S.C. 7545(f)]
fuel to receive the waiver. Under EISA, no
waiver would be granted without explicit
approval by EPA.
[Sec. 251]
P.L. 110-140, Title V — Energy Savings in Government and Public Institutions
Capitol Complex E-85
No prior provision.
The Architect of the Capitol is authorized to
No comparable provision.
Refueling Station
install an E85 tank and pumping system on or
near the Capitol Grounds Fuel Station. $640,000
in discretionary funds is authorized for FY2008.
[Sec. 502]
Procurement and
No prior provision.
Federal agencies are prohibited from procuring
No comparable provision.
Acquisition of Alternative
alternative or synthetic transportation fuels if the
Fuels
lifecycle emissions exceed those of petroleum-
based fuels.
[Sec. 526]
P.L. 110-140, Title VIII — Improved Management of Energy Policy
Sense of Congress Relating
No prior provision.
Expresses the Sense of the Congress that
No comparable provision.
to the Use of Renewable
renewable resources from agriculture and forestry
Resources to Generate
should provide at least 25% of all U.S. energy
Energy
needs by 2025.
[Sec. 806]
P.L. 110-246, Title VII 2008 Farm Bill — Energy Provisions (excluding those cited in above sections)
Bioenergy Research
Provides for research and development
Section 1419 of the National Agricultural
appropriations for bioenergy.
Research, Extension, and Teaching Policy
[7 U.S.C. 3154]
Act of 1977 (7 U.S.C. 3154) is repealed.
Funding for related biomass research

---

CRS-14
Topic
Current or Prior Law
Energy Independence and Security Act
2008 Farm Bill
(P.L. 110-140)
(P.L. 110-246)
through USDA is contained in Title VII Sec.
7207 of the farm bill.
[Sec. 7110]
Biochar Research,
No current provision.
No comparable provision.
Research on biochar (biomass charcoal)
Development and
production and sequestration is included as a
Demonstration
high-priority research and extension area the
Research Title. [Sec. 7204]
Agricultural Bioenergy
The Biomass Research and Development
No comparable provision.
Establishes the Agricultural Bioenergy
Feedstock and Energy
Act of 2000 (reauthorized by the 2002
Feedstock and Energy Efficiency Research
Efficiency Research and
farm bill) provides competitive funding
and Extension Initiative in Title VII
Extension Initiative
for R&D and demonstration projects on
(Research) to improve biomass, production,
biofuels and bio-based chemicals and
biomass conversion in biorefineries, and
products, administered jointly by USDA
biomass use. Provides grants of up to 50%
and DOE. Specified mandatory CCC
of cost for energy efficient research and
funding of $5 million in FY2002 and
extension projects. Establishes a best
$14 million annually for FY2003-
practices database of biomass crops.
FY2007 to remain available until
Authorized appropriations of $50 million
expended. Also authorized
annually for FY2008-12. [Sec. 7207]
appropriations of $200 million for each
of FY2006-FY2015.
[P.L. 107-171, Sec. 9008], [7 U.S.C.
5925]
Research, Extension, and
The “Sun Grant” program established 5
No comparable provision.
Continues sun grant program. Provides
Educational Programs on
national sun grant research centers based
matching grants to land grant institutions to
Biobased Energy
at land-grant universities and each
develop, distribute, and implement biobased
Technologies and Products
covering a different region. The purpose
energy technologies and to promote
is to enhance coordination and
diversification and sustainability of
collaboration between USDA, DOE, and
agricultural production, and economic
land-grant universities in the
diversification in rural areas through
development, distribution, and
biobased energy and product technologies.
implementation of biobased energy
Establishes a Sun Grant Information
technologies. Authorized appropriations
Analysis Center. Requires annual reports.

---

CRS-15
Topic
Current or Prior Law
Energy Independence and Security Act
2008 Farm Bill
(P.L. 110-140)
(P.L. 110-246)
of $25 million in FY2005, $50 million in
Discretionary funds of $75 million for
FY2006, and $75 million annually for
FY2008-12 are authorized. [Sec. 7526]
FY2007-FY2010. [7 U.S.C. 8109]
P.L. 110-246, Title IX 2008 Farm Bill — Energy Provisions (excluding those cited in above sections)
Federal Procurement of
Under the 2002 farm bill, federal
No comparable provision.
New section 9002. Renames as the
Biobased Products
agencies are required to purchase
Biobased Markets Program. Extends the
biobased products under certain
program through FY2012 and refines federal
conditions. Current law authorizes a
procurement rules for biobased products.
voluntary biobased labeling program.
Requires federal agencies to maximize
USDA regulations define biobased
procurement of biobased products and
products, identify biobased product
submit reports to Congress. Continues
categories, and specify the criteria
voluntary labeling. Establishes testing
(including testing) for qualifying those
centers and education grants. Authorizes
products for preferred procurement.
mandatory funding of $1 million for
Mandatory Commodity Credit
FY2008 and $2 million annually for
Corporation (CCC) funding of $1
FY2009-12. Discretionary funding of $2
million was authorized for each of
million in annual appropriations is
FY2002-FY2007 for testing biobased
authorized for FY2008-12.
products. [P.L. 107-171, Sec. 9002], [7
[Sec. 9001]
U.S.C. 8102]
Adjustments to the
Originally a Clinton Administration
No comparable provision.
New section 9005. Establishes the
Bioenergy Program
initiative, the Bioenergy Program was
Bioenergy Program for Advanced Biofuels.
made statutory by the 2002 farm bill.
Provides payments to producers to support
Provides CCC incentive payments to
and expand production of advanced
biofuels producers based on year-to-year
biofuels. Mandatory funding of $55 million
increases in the quantity of biofuel
for FY2009, $55 million for FY2010, $85
produced. Mandatory CCC funding of
million for FY2011, and $105 million for
$150 annually for FY2002-FY2006. No
FY2012. Authorizes additional
funding was available for FY2007.
appropriation of $25 million annually for
[P.L. 107-171, Sec. 9010], [7 U.S.C.
FY2009-12. [Sec. 9001]
8108]

---

CRS-16
Topic
Current or Prior Law
Energy Independence and Security Act
2008 Farm Bill
(P.L. 110-140)
(P.L. 110-246)
Biodiesel Fuel Education
Awards competitive grants to nonprofit
No comparable provision.
New section 9006. Extends the Biodiesel
Program
organizations that educate governmental
Fuel Education Program through FY2012.
and private entities operating vehicle
Provides mandatory CCC funding of $1
fleets, and educate the public about the
million annually for FY2008-12. [Sec.
benefits of biodiesel fuel use.
9001]
Mandatory CCC funding of $1 million
annually was authorized for FY2003-
FY2007.
[P.L. 107-171, Sec. 9004], [7 U.S.C.
8104]
Energy Audit and
The 2002 farm bill authorized a
No comparable provision.
New section 9007. Folds the Energy Audit
Renewable Energy
competitive grant program for eligible
and Renewable Energy Development
Development Program
entities to carry out a program to assist
Program into the Rural Energy for America
farmers, ranchers, and rural small
Program. (See below.)
businesses in becoming more energy
[Sec. 9001]
efficient and in using renewable energy
technology and resources. Authorized
appropriations of such sums as are
necessary to carry out the program for
FY2002-FY2007.
[P.L. 107-171, Sec. 9005], [7 U.S.C.
8105]
Renewable Energy Systems
Authorizes loans, loan guarantees, and
No comparable provision.
New section 9007. Renamed as the “Rural
and Energy Efficiency
grants to farmers, ranchers, and rural
Energy for America Program,” Funds
Improvements
small businesses to purchase and install
energy audits for state agencies,
renewable energy systems and to make
cooperatives, educational institutions and
energy efficiency improvements.
utilities. Provides grants, loan guarantees
Mandatory CCC funding of $23 million
and incentive payments for energy
annually for FY2003-FY2007.
efficiency and renewable energy, and
[P.L. 107-171, Sec. 9006], [7 U.S.C.
manure-to-energy projects. Reserves 20%
8106]
for small projects. Mandatory funds of $55
million for FY2009, $60 million for

---

CRS-17
Topic
Current or Prior Law
Energy Independence and Security Act
2008 Farm Bill
(P.L. 110-140)
(P.L. 110-246)
FY2010, $70 million for FY2011, and $70
million for FY2012. Discretionary
appropriations of $25 million annually for
FY2009-12 are authorized. [Sec. 9001]
Biomass Research and
Section 9008. The program — created
No comparable provision.
New section 9008. Defines biobased
Development
originally under the Biomass Research
product. Provides for coordination of
and Development Act (BRDA) of 2000
biomass research and development between
— provides competitive funding for
USDA and DOE. Establishes the Biomas
research, development, and
Research and Development Board and the
demonstration projects on biofuels and
Biomass Research and Development
bio-based chemicals and products,
technical Advisory Committee to assist the
administered jointly by USDA and DOE.
Board in coordinating biomass research in
Specified mandatory CCC funding of $5
the Federal government. USDA and DOE
million in FY2002 and $14 million for
are to establish a Biomass Research and
each of FY2003 through FY2007
Development Initiative to competitively
(available until expended).
award grants, contracts, and financial
Additional appropriation authority of
assistance for research on biofuels and
$200 million for each of FY2006
biobased products production, and biobased
through FY2015. [7 U.S.C. 8101]
feedstocks and development. Grants are to
be awarded to universities, national
laboratories, state and federal research
agencies, private businesses, and nonprofits.
Mandatory funding is authorized of $20
million for FY2009, $28 million for
FY2010, $30 million for FY2011, and $40
million for FY2012. Discretionary funding
of $35 million annually is authorized to be
appropriated for FY2009-12. [Sec. 9001]
Rural Energy Self-
No current provision.
No comparable provision.
New section 9009. Establishes the Rural
Sufficiency Initiative Grant
Energy Self-Sufficiency Initiative, providing
Program
cost- share (up to 50%) grants to assist rural
communities with community-wide energy
systems that reduce conventional energy use

---

CRS-18
Topic
Current or Prior Law
Energy Independence and Security Act
2008 Farm Bill
(P.L. 110-140)
(P.L. 110-246)
and increase the use of energy from
renewable sources. Grants are made
available to assess energy use in a rural
community, evaluate ideas for reducing
energy use, and develop and install
integrated renewable energy systems.
Authorizes $5 million in discretionary funds
annually for FY2009-12. [Sec. 9001]
Feedstock Flexibility
No current provision.
No comparable provision.
New section 9010. Establishes the
Program for Bioenergy
Feedstock Flexibility Program, authorizing
Producers
the use of such sums as necessary of CCC
funds to purchase surplus sugar, to ensure
the sugar program operates at no-net-cost, to
be resold as a biomass feedstock to produce
bioenergy. [Sec. 9001]
Financial Assistance for the
No current provision.
No comparable provision.
New section 9011. Establishes the Biomass
Production of Biomass
Crop Assistance Program (BCAP) to
Energy Crops and
encourage biomass production or biomass
Infrastructure for
conversion facility construction with
Harvesting, Storage, and
contracts which will enable producers to
Transportation of Biomass
receive financial assistance for crop
to Local Biorefineries
establishment costs and annual payments for
biomass production. Producers must be
within economically practicable distance
from a biomass facility. Also provides
payments to eligible entities to assist with
costs for collection, harvest, storage and
transportation to a biomass conversion
facility. A report is required no later than 4
years after enactment. CCC funds of such
sums as necessary are to be made available
for each of FY2008-12. [Sec. 9001]

---

CRS-19
Topic
Current or Prior Law
Energy Independence and Security Act
2008 Farm Bill
(P.L. 110-140)
(P.L. 110-246)
Forest Biomass for Energy
No current provision.
No comparable provision.
New section 9012. Requires the Forest
Program
Service to conduct a competitive research
and development program to encourage use
of forest biomass for energy. Priority given
to projects that utilize low-value forest by-
products, integrate the production of energy
from forest biomass with existing
manufacturing streams, develop new
transportation fuels from forest biomass, or
improve the production of forest biomass
feedstocks. Appropriations of $15 million
per year are authorized for FY2009-12.
[Sec. 9001]
Community Wood Energy
No current provision.
No comparable provision.
New section 9013. Establishes the
R&D Program
Community Wood Energy R & D Program,
providing grants of up to $50,000 for up to
50% of the cost for communities to develop
wood energy plans and purchase systems for
public buildings. Authorizes $5 million in
discretionary funds annually (FY2009-12).
[Sec. 9001]
Rural Nitrogen Fertilizer
No current provision.
No comparable provision.
Requires a report with 1 year of
Study
appropriations on the production of fertilizer
from renewable energy sources in rural
areas. Must identify challenges to
commercialization of rural fertilizer
production, processes and technologies and
potential impacts of renewable fertilizer on
fossil fuel use and the environment.
Appropriations of $1 million are authorized
for FY2009. [Sec. 9003]]

---

CRS-20
Topic
Current or Prior Law
Energy Independence and Security Act
2008 Farm Bill
(P.L. 110-140)
(P.L. 110-246)
P.L. 110-246, Title XI 2008 Farm Bill — Energy Provisions (excluding those cited in above sections)
Study on Bioenergy
No comparable provision.
No comparable provision.
Directs USDA to produce a report on the
Operations
potential economic issues (including costs)
associated with animal manure used in
normal agricultural operations and as a
bioenergy feedstock. [Sec. 11014]
P.L. 110-246, Title XV 2008 Farm Bill — Energy Provisions (excluding those cited in above sections)
Tax Credit for Production of
All fuel ethanol is allowed a tax credit of
No comparable provision.
Establishes a credit of $1.01 for blenders of
Cellulosic Alcohol
$0.54 per gallon, regardless of
cellulosic biomass alcohol through
feedstock. Small producers may claim an
December 31, 2012. The value of the credit,
additional credit of $0.10 per gallon.
plus the existing small ethanol producer
[26 U.S.C. 40], [26 U.S.C. 40(d)(4)]
credit and alcohol fuels credits cannot
exceed $1.01 per gallon. [Sec. 15321]
Modification of Alcohol Tax
The American Jobs Creation Act of 2004
No comparable provision.
In the first calendar year after EPA certifies
Credit
established a tax credit for the use of
that 7.5 billion gallons of renewable fuel
ethanol used as motor fuel. The credit is
have been blended into gasoline, the credit is
valued at $0.51 per gallon of ethanol
reduced from $0.51 to $0.45 per gallon.
blended into gasoline.
[Sec. 15331]
[P.L. 108-357, Sec. 301], [26 U.S.C.
40(d)(4)]
Calculation of Volume of
Currently, any denaturant added to
No comparable provision.
For the purposes of calculating the per-
Alcohol for Fuel Tax Credits
alcohol (up to 5%) is considered as part
gallon credit for the volume of alcohol used
of the volume of alcohol for tax
as a fuel or in a qualified mixture, the
purposes.
volume of alcohol includes any denaturant,
[26 U.S.C. 40(d)(4)]
including gasoline. This provision reduces
the amount of allowable denaturant (added
to make it unfit for human consumption) to
2% of the volume of the alcohol. [Sec.
15332]
Ethanol Tariff Extension
In general, fuel ethanol imports are
No comparable provision.
Extends the $0.54 cent per gallon duty

---

CRS-21
Topic
Current or Prior Law
Energy Independence and Security Act
2008 Farm Bill
(P.L. 110-140)
(P.L. 110-246)
subject to a $0.54 per gallon duty and a
through December 31, 2010. [Sec. 15333]
2.5% ad valorem tariff. The duty expires
January 1, 2009. [P.L. 99-499]
[19 U.S.C. 3001 et seq.]
Elimination and Reductions
Currently, if a manufacturer imports an
No comparable provision.
Duty drawback will not be available on
of Duty Drawback on
intermediate product then exports the
exports which do not contain ethanol. Ends
Certain Imported Ethanol
finished product or a similar product,
the practice in which imported ethanol is
that manufacturer may be eligible for a
blended with gasoline and jet fuel
refund (drawback) of up to 99% of the
(containing no ethanol, but considered a
duties paid. The duty drawback
“like commodity” to the finished gasoline) is
provisions include special provisions for
then exported to qualify for the drawback in
the production of petroleum derivatives.
lieu of finished gasoline containing the
[19 U.S.C. 1313(p)]
originally imported ethanol. [Sec. 15334]

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