The Food, Conservation, and Energy Act of 2008 (P.L. 110-246, the 2008 farm bill) extends and expands many of the renewable energy programs originally authorized in the Farm Security and Rural Investment Act of 2002 (P.L. 107-171, 2002 farm bill). The bill also continues the emphasis on the research and development of advanced and cellulosic bioenergy authorized in the 2007 Energy Independence and Security Act (P.L. 110-140).
Farm bill debate over U.S. biomass-based renewable energy production policy focused mainly on the continuation of subsidies for ethanol blenders, continuation of the import tariff for ethanol, and the impact of corn-based ethanol on agriculture. The enacted bill requires reports on the economic impacts of ethanol production, reflecting concerns that the increasing share of corn production being used for ethanol had contributed to high commodity prices and food price inflation.
Title VII, the research title of the 2008 farm bill, contains numerous renewable energy related provisions that promote research, development, and demonstration of biomass-based renewable energy and biofuels. The Sun Grant Initiative coordinates and funds research at land grant institutions on biobased energy technologies. The Agricultural Bioenergy Feedstock and Energy Efficiency Research and Extension Initiative provides support for on-farm biomass energy crop production research and demonstration.
Title IX, the energy title of the farm bill, authorizes mandatory funds (not subject to appropriations) of $1.1 billion, and discretionary funds (subject to appropriations) totaling $1.0 billion, for the FY2008-FY2012 period. Energy grants and loans provided through initiatives such as the Bioenergy Program for Advanced Biofuels promote the development of cellulosic biorefinery capacity. The Repowering Assistance Program supports increasing efficiencies in existing refineries. Programs such as the Rural Energy for America Program (REAP) assist rural communities and businesses in becoming more energy-efficient and self-sufficient, with an emphasis on small operations. The Biomass Crop Assistance Program, the Biorefinery Assistance Program, and the Forest Biomass for Energy Program provide support to develop alternative feedstock resources and the infrastructure to support the production, harvest, storage, and processing of cellulosic biomass feedstocks. Cellulosic feedstocks—for example, switchgrass and woody biomass—are given high priority both in research and funding.
Title XV of the 2008 farm bill contains tax and trade provisions. It continued current biofuels tax incentives, reducing those for corn-based ethanol but expanding tax credits for cellulosic ethanol. The tariff on ethanol imports was also extended.
For information concerning the status of implementation of the farm bill's energy provisions and a brief discussion of related emerging issues, see CRS Report R41985, Renewable Energy Programs and the Farm Bill: Status and Issues.
Renewable energy policy in the Food, Conservation, and Energy Act of 2008 (P.L. 110-246, 2008 farm bill) builds on earlier programs, many of which were established in the Farm Security and Rural Investment Act of 2002 (P.L. 107-171, 2002 farm bill). The 2002 farm bill was the first omnibus farm bill to explicitly include an energy title (Title IX). The energy title authorized grants, loans, and loan guarantees to foster research on agriculture-based renewable energy, to share development risk, and to promote the adoption of renewable energy systems. Since enactment of the 2002 farm bill, interest in renewable energy has grown rapidly, due in large part to a strong rise in domestic and international petroleum prices and a dramatic acceleration in domestic biofuels production (primarily corn-based ethanol).1 Many policymakers view agriculture-based biofuels as both a catalyst for rural economic development and a response to growing energy import dependence. Ethanol and biodiesel, the two most widely used biofuels, receive significant federal support in the form of tax incentives, loans and grants, and regulatory programs.2
The 2008 farm bill became law six months after the enactment of the Energy Independence and Security Act of 2007 (EISA, P.L. 110-140). Provisions in the 2008 farm bill reflect the increased role for biofuels mandated by the expansion of the renewable fuels standard (RFS) in EISA and its likely impact on the U.S. agriculture sector, especially the emphasis on facilitating production of biofuels derived from cellulosic feedstocks.3 EISA includes a significant expansion of the overall RFS to 36 billion gallons by 2022, with carve-outs for biodiesel (1 billion gallons by 2012) and cellulosic ethanol (16 billion gallons by 2022) and an implicit cap on corn starch ethanol (15 billion gallons by 2015).4
The emphasis on cellulosic ethanol also reflects increasing concerns about the economic and environmental issues associated with corn starch-based ethanol.5 Escalating commodity prices since 2007, combined with high energy costs, have resulted in sharp increases in livestock feed costs, export prices, and domestic food price inflation. For the first time, an agricultural commodity is directly competing with petroleum in the marketplace. In 2010 ethanol production used nearly 40% of U.S. corn production.6 The increase in corn used for U.S. ethanol relative to corn produced has helped to draw down U.S. corn stocks and drive up prices. Ethanol's profitability depends on both petroleum and corn prices. When petroleum prices rise, so does demand for ethanol as a substitute, which in turn increases both the demand for and price of corn. The "food versus fuel" debate intensified during the 2008 farm bill debate as food price inflation accelerated both in the U.S. and globally—highlighting some of the potential problems associated with replacing even a small share of the nation's gasoline consumption with corn-based ethanol.7
Several of the federal programs that currently support renewable energy production in general, and agriculture-based energy production in particular, are outside the purview of the U.S. Department of Agriculture (USDA) and have legislative origins outside of the farm bill. For example, the RFS, which mandates the inclusion of an increasing volume of biofuels in the national fuel supply, originated with the Energy Policy Act of 2005 (P.L. 109-58) and was more recently expanded in EISA. Similarly, several of the federal tax credits available to biofuel blenders were initially contained in the American Jobs Creation Act of 2004 (P.L. 108-357). More recently, the tax credits were extended in the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 (P.L. 111-312).
The 2008 farm bill (P.L. 110-246) significantly expands both the number and type of programs to support biofuels production and use. Like the 2002 farm bill (P.L. 107-171), it 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.8 Research provisions relating to renewable energy are found in Title VII and tax and trade provisions are found in Title XV.
The enacted 2008 farm bill keeps the structure of Title IX as it was in the Senate-passed version of the farm bill. Title IX serves as a substitute amendment to the 2002 farm bill Title IX and consists of 3 sections. The first section, 9001, contains 13 new provisions which effectively replace the provisions of the 2002 bill. Sections 9002 and 9003 direct studies and reports on biofuels infrastructure and renewable fertilizer, respectively. See Appendix for a side-by-side comparison of previous law with the energy provisions of the 2008 farm bill.
Key biofuels-related provisions in the enacted 2008 farm bill include
The 2008 farm bill energy title provides $1 billion in financial incentives and support to encourage the production of advanced (mainly cellulosic) biofuels.9 Grants and loan guarantees leverage industry investments in new technologies, infrastructure, and the production of cellulosic feedstocks. For instance, the Biomass Crop Assistance Program (BCAP, Section 9001) supports the production of dedicated crop and forest cellulosic feedstocks and provides incentives for post-production collection, harvest, storage, and transport (CHST).10 Advanced biofuels refinery capacity construction is assisted under the Biorefinery Assistance program (Section 9001) through grants and loans for the development, construction, and retrofitting of commercial-scale refineries to produce advanced biofuels. These programs are supported by increased funding for advanced biofuels research under the Agricultural Bioenergy Feedstock and Energy Efficiency Research and Extension Initiative (Section 7207), and the Sun Grant Program (Section 7526) which support and coordinate advanced biofuels research, extension, and development between government agencies, universities, and research institutions.
Cellulosic ethanol is produced from cellulose, hemicellulose, or lignin derived from the structural material that provides much of the mass of plants. Besides corn, several other agricultural products are viable feedstock and appear to offer attractive long-term supply potential—particularly cellulose-based feedstock such as prairie grasses and fast-growing woody crops such as hybrid poplar and willow trees, as well as waste biomass materials (logging residues, wood processing mill residues, urban wood wastes, and selected agricultural residues such as sugar cane bagasse and rice straw). Some cellulosic feedstock, such as native prairie grasses (e.g., switchgrass), appear to offer environmental benefits over corn-based ethanol because they thrive on marginal lands (as well as on prime cropland) and need little water or fertilizer.
Currently, cellulosic ethanol is not produced on a commercial scale. Only a few small refineries (mostly pilot or demonstration in scope) began limited production in 2010. Due to the slow progress in cellulosic ethanol production, the Environmental Protection Agency (EPA) has been compelled to waive and substantially reduce the cellulosic biofuel RFS mandates set by Congress for the years 2010 through 2012—from 100 million gallons per year (mgpy) in 2010 to a mandate of 6.5 million gallons, from 250 mpgy for 2011 to 6.6 million gallons, and from 500 mgpy for 2012 to a preliminary 3.5 to 12.9 mgpy.11
Title XV of the 2008 farm bill contains provisions which extend and modify tax credits and tariffs on ethanol. In keeping with the promotion of cellulosic ethanol, a producer tax credit of $1.01 per gallon (less the amount of small-producer ethanol credit and the alcohol mixture credit claimed) applies to ethanol produced from qualifying cellulosic feedstocks. This tax credit is intended to spur investment in cellulosic ethanol production. The ethanol blender tax credit of $0.51 per gallon (which applies to all ethanol blended, including imports) was reduced to $0.45 per gallon in January 2009.
The ethanol import tariff of $0.54 per gallon was set to expire at the end of 2008, but was extended to the end of 2010 by the farm bill (P.L. 110-246, Section 15333). Ethanol proponents argue that the tariff benefits the U.S. ethanol industry by protecting U.S. ethanol from lower-cost imports and also to offset the blender tax credit which is available to any ethanol (including imports) when it is blended into gasoline in the United States.
On December 17, 2010, the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 (H.R. 4853) extended both the ethanol blender tax credit and the import tariff for ethanol. Both were set to expire at the end of 2010 under the 2008 farm bill. Section 708 of H.R. 4853 extends both provisions at the current rate of $0.45 per gallon for the ethanol blender tax credit and $0.54 per gallon for the ethanol import tariff until the end of 2011. The tariff continues to exceed the blender tax credit by nine cents, thereby more than offsetting the benefit of the blender tax credit and imposing a punitive duty on imported ethanol.
The impact of increased ethanol production on agricultural and rural economies was a subject of debate during the farm bill process. As a result, the farm bill includes provisions requiring a series of reports assessing how ethanol production may be impacting the farm economy, the environment, and consumer food prices. Among these are the Comprehensive Study of Biofuels (Sec. 15322) to be conducted by the USDA, the EPA, the Department of Energy (DOE), and the National Academy of Sciences, and the Biofuels Infrastructure Study (Sec. 9002) by USDA, DOE, EPA, and the Department of Transportation (DOT). The Biomass Crop Assistance Program (BCAP, Section 9001) requires an assessment of the economic impacts of expanded cellulosic biomass production on local economies and infrastructures. Likewise, the Biomass Research and Development Program (Section 9001) requires a report on the economic impacts of rural economies of biorefinery expansion and conversion by USDA.
The 2008 farm bill authorizes over $1 billion in mandatory funding for FY2008 through FY2012 (Table 1), compared with $800 million in the 2002 farm bill (FY2002-FY2007). Mandatory authorization in the 2008 farm bill includes $320 million to the Biorefinery Assistance Program, $300 million to the Bioenergy Program for Advanced Biofuels, $255 million to the Rural Energy for America Program (REAP), $118 million to the Biomass Research and Development Act (BRDA), and potentially unlimited funding (such sums as necessary) for the Biomass Crop Assistance Program (BCAP). Discretionary funding (i.e., authorizations for appropriations) for energy-related provisions in the 2008 farm bill total over $1.7 billion, nearly seven times the $245 million in the 2002 farm bill. Most of the increase is for the Biorefinery Assistance Program, which has an authorization $600 million higher than in the 2002 farm bill.
Mandatory funding is through USDA's Commodity Credit Corporation (CCC).12 Programs identified as receiving mandatory funds are funded at these levels unless Congress limits funding to a lower amount through the appropriations or legislative process. Discretionary programs are funded each year through the annual appropriations process. Table 2 provides a list of provisions in the 2008 farm bill's energy title, and selected energy programs in the research title, for FY2010 through FY2012, along with their mandatory and discretionary funding levels—as requested by the President, authorized levels in the 2008 farm bill, and eventual availability as measured by budget authority provided by Congress—where available.
Table 1. 2008 Farm Bill (P.L. 110-246): Authorized Funding for Energy Provisions, FY2008-FY2012
($ millions)
|
2008 Farm Bill Section |
Provision Name |
Funding Type |
FY2008 |
FY2009 |
FY2010 |
FY2011 |
FY2012 |
Total: |
||||||
|
Title VII Research |
||||||||||||||
|
Sec. 7205 |
Nutrient Management Research and Extension Initiative |
Discretionary |
|
|
|
|
|
|
||||||
|
Sec. 7207 |
Bioenergy Feedstock and Energy Efficiency Research and Extension Initiative |
Discretionary |
|
|
|
|
|
|
||||||
|
Sec. 7526 |
Sun Grant Program |
Discretionary |
|
|
|
|
|
|
||||||
|
Title IX Energy |
|
|
|
|
|
|
||||||||
|
Sec. 9002a |
Biobased Markets Program |
Mandatory |
|
|
|
|
|
|
||||||
|
Discretionary |
|
|
|
|
|
|
||||||||
|
Sec. 9003a |
Biorefinery Assistance |
Mandatory |
|
|
|
|
|
|
||||||
|
Discretionary |
|
|
|
|
|
|
||||||||
|
Sec. 9004a |
Repowering Assistance |
Mandatory |
|
|
|
|
|
|
||||||
|
Discretionary |
|
|
|
|
|
|
||||||||
|
Sec. 9005a |
Bioenergy Program for Advanced Biofuels |
Mandatory |
|
|
|
|
|
|
||||||
|
Discretionary |
|
|
|
|
|
|
||||||||
|
Sec. 9006a |
Biodiesel Fuel Education Program |
Mandatory |
|
|
|
|
|
|
||||||
|
Sec. 9007a |
Rural Energy for America Program |
Mandatory |
|
|
|
|
|
|
||||||
|
Discretionary |
|
|
|
|
|
|
||||||||
|
Sec. 9008a |
Biomass Research and Development Act |
Mandatory |
|
|
|
|
|
|
||||||
|
Discretionary |
|
|
|
|
|
|
||||||||
|
Sec. 9009a |
Rural Energy Self-Sufficiency Initiative |
Discretionary |
|
|
|
|
|
|
||||||
|
Sec. 9010a |
Feedstock Flexibility Program for Bioenergy Producers |
Mandatory |
|
|
|
|
|
|
||||||
|
Sec. 9011a |
Biomass Crop Assistance Program |
Mandatory |
|
|
|
|
|
|
||||||
|
Sec. 9012a |
Forest Biomass for Energy |
Discretionary |
|
|
|
|
|
|
||||||
|
Sec. 9013a |
Community Wood Energy Program |
Discretionary |
|
|
|
|
|
|
||||||
|
Sec. 9002 |
Comprehensive Study of Biofuels |
None |
|
|
|
|
|
|
||||||
|
Sec. 9003 |
Renewable Fertilizer Study |
Discretionary |
|
|
|
|
|
|
||||||
|
Total Discretionary Funding |
Discretionary |
|
|
|
|
|
|
|||||||
|
Total Mandatory Funding |
Mandatory |
|
|
|
|
|
|
|||||||
Source: P.L. 110-246 (Food, Conservation, and Energy Act of 2008).
Notes: "SSAN" = Such sums as necessary.
a. Section 9001 of the 2008 farm bill (P.L. 110-246) amends title IX of the 2002 farm bill (P.L. 107-171). Sections 9001 through 9013 of the table are the amended section numbers.
b. The authority for funding under BCAP was reduced to $552 million in FY2010 and $432 million in FY2011 under the Supplemental Appropriations Act of 2010 (P.L. 111-212). BCAP funding for FY2011 was reduced a second time to $112 million under the Department of Defense and Full-Year Continuing Appropriations Act, 2011 (P.L. 112-10).
|
FY2010 |
FY2011 |
FY2012 |
||||||||||||||||||||||
|
Sectiona |
Provision Name |
Funding Type |
PBb |
FB |
Available |
PBb |
FB |
Available |
PBb |
FB |
Available |
|||||||||||||
|
Sec. 7205 |
Nutrient Management Res. and Ext. Init. |
Discr. |
|
|
|
|
|
|
|
|
|
|
|
|||||||||||
|
Sec. 7207 |
Bioenergy Fdstk + Energy Eff. Res. & Ext. Init. |
Discr. |
|
|
|
|
|
|
|
|
|
|
|
|||||||||||
|
Sec. 7526 |
Sun Grant Program |
Discr. |
|
|
|
|
|
|
|
|
|
|
|
|||||||||||
|
Sec. 9002 |
Federal Biobased Markets Program |
Mand. |
|
|
|
|
|
|
|
|
|
|
|
|||||||||||
|
Sec. 9002 |
—"— |
Discr. |
|
|
|
|
|
|
|
|
|
|
|
|||||||||||
|
Sec. 9003 |
Biorefinery Assistance Program |
Mand.c |
|
|
|
|
|
|
|
|
|
|
|
|||||||||||
|
Sec. 9003 |
—"— |
Discr. |
|
|
|
|
|
|
|
|
|
|
|
|||||||||||
|
Sec. 9004 |
Repowering Assistance Program |
Mand.c |
|
|
|
|
|
|
|
|
|
|
|
|||||||||||
|
Sec. 9004 |
—"— |
Discr. |
|
|
|
|
|
|
|
|
|
|
|
|||||||||||
|
Sec. 9005 |
Bioenergy Program for Adv. Biofuels |
Mand. c |
|
|
|
|
|
|
|
|
|
|
|
|||||||||||
|
Sec. 9005 |
—"— |
Discr. |
|
|
|
|
|
|
|
|
|
|
|
|||||||||||
|
Sec. 9006 |
Biodiesel Education Program |
Mand. |
|
|
|
|
|
|
|
|
|
|
|
|||||||||||
|
Sec. 9007 |
Rural Energy for America Prog. (REAP) |
Mand.c |
|
|
|
|
|
|
|
|
|
|
|
|||||||||||
|
Sec. 9007 |
—"— |
Discr. |
|
|
|
|
|
|
|
|
|
|
|
|||||||||||
|
Sec. 9008 |
Biomass Research and Development Act |
Mand.c |
|
|
|
|
|
|
|
|
|
|
|
|||||||||||
|
Sec. 9008 |
—"— |
Discr. |
|
|
|
|
|
|
|
|
|
|
|
|||||||||||
|
Sec. 9009 |
Rural Energy Self-Sufficiency Initiative |
Discr. |
|
|
|
|
|
|
|
|
|
|
|
|||||||||||
|
Sec. 9010 |
Feedstock Flex. Prog. for Bioenergy Prod. |
Mand. |
|
|
|
|
|
|
|
|
|
|
|
|||||||||||
|
Sec. 9011 |
Biomass Crop Assistance Program (BCAP) |
Mand. |
|
|
|
|
|
|
|
|
|
|
|
|||||||||||
|
Sec. 9012 |
Forest Biomass for Energy |
Discr. |
|
|
|
|
|
|
|
|
|
|
|
|||||||||||
|
Sec. 9013 |
Community Wood Energy Program |
Discr. |
|
|
|
|
|
|
|
|
|
|
|
Source: Compiled by CRS using the Food, Conservation, and Energy Act of 2008 (P.L. 110-246) and annual appropriations acts.
Notes: PB = Annual presidential budget request; FB = 2008 farm bill authorized level; Available = for discretionary funds it is the amount appropriated, for mandatory funds it is the amount authorized in the 2008 farm bill less any reductions in annual appropriations acts.
a. Section 9001 of the 2008 farm bill (P.L. 110-246) amends title IX of the 2002 farm bill (P.L. 107-171). Sections 9001 through 9013 of the table are the amended section numbers.
b. The President's budget request typically does not include mandatory programs unless a reduction is requested. A "—" indicates that neither a reduction or increase was requested by the Administration for the mandatory program.
c. Title IX programs 9003, 9004, 9005, 9007, and 9008 include funding that is authorized "to remain available until expended," therefore carryover could exist from previous years if funds are unobligated.
d. The House-passed FY2012 appropriation bill, Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2012 (H.R. 2112) would eliminate mandatory funding for BCAP and REAP, reduce mandatory funding for the Bioenergy Program for Advanced Biofuels to $55 million, and reduce REAP discretionary funding to $2.2 million. The Senate has not yet acted upon an FY2012 appropriations bill.
e. This program is "triggered" when a sugar surplus exists. According to USDA, the Commodity Credit Corporation (CCC) does not have a surplus inventory of sugar, therefore this program has not been implemented.
f. The Supplemental Appropriations Act of 2010 (P.L. 111-212) limits mandatory spending on BCAP by allowing no more than $552 million in FY2010 and $432 million in FY2011. For more on these types of changes in mandatory program spending, see CRS Report R41245, Reductions in Mandatory Agriculture Program Spending. For more information on the 2010 supplemental, see CRS Report R41255, FY2010 Supplemental Appropriations for Agriculture.
g. BCAP funding for FY2011 was reduced a second time to $112 million under the Dept. of Defense and Full-Year Continuing Appropriations Act, 2011 (P.L. 112-10).
h. The President's FY2012 budget proposes to limit funding for the Collection, Harvest, Storage, and Transportation portion of the BCAP program to $70 million. The remaining annual and establishment payment portion of BCAP would remain at SSAN. For more information on payment rates and terms, see CRS Report R41296, Biomass Crop Assistance Program (BCAP): Status and Issues.
i. The President's FY2011 budget proposed to fund both the Forest Biomass for Energy Program (section 9012) and the Community Wood Energy Program (section 9013) using funds from the Hazardous Fuels program within the Forest Service. The President's FY2012 budget proposal included a similar request to fund both programs using the Hazardous Fuels program, however only $3.75 million was requested for the Community Wood Energy Program and $15 million for the Forest Biomass for Energy Program.
|
2002 Farm Bill (FSRIA, P.L. 107-171) |
Enacted Farm Bill |
|
Title VII: Agriculture Research and Extension |
|
|
Nutrient Management Research and Extension Initiative |
|
|
Section 1673(h) of the Food, Agriculture, Conservation, and Trade Act of 1990 (P.L. 101-624) authorizes matching grants under the farm bill nutrient management research and extension initiative for finding innovative methods and technologies for economic use or disposal of animal waste. Extendes through 2007 in section 7120 of the 2002 farm bill. Such sums as necessary are appropriated annually for FY1999-FY2007. [7 U.S.C. 5925a] |
Extends the nutrient Management research and extension initiative through FY2012 and adds dairy cattle waste as a type of waste to be studied. Also adds an amendment to include the production of renewable energy from animal waste as an eligible activity to receive grants under this section. Authorizes such sums as necessary annually for FY2007-FY2012. [Sec. 7205] |
|
Agricultural Bioenergy Feedstock and Energy Efficiency Research and Extension Initiative |
|
|
No provision. |
Establishes the Agricultural Bioenergy Feedstock and Energy Efficiency Research and Extension Initiative, a program to award competitive matching (up to 50%) grants for projects with a focus on supporting on-farm biomass crop research and the dissemination of results to enhance the production of biomass energy crops and the integration of such production with the production of bioenergy. Discretionary appropriations of $50 million annually are authorized for FY2008-FY2012. [Sec. 7207] |
|
Sun Grant Program |
|
|
Section 9011. This provision was added subsequent to the 2002 farm bill under the Sun Grant Research Initiative Act of 2003. Establishes 5 national Sun Grant research centers based at land-grant universities, each covering a different national region, to enhance coordination and collaboration between USDA, DOE, and land-grant universities in the development, distribution, and implementation of biobased energy technologies. Competitive grants are available to land-grant schools within each region. Authorized appropriations of $25 million in FY2005, $50 million in FY2006, and $75 million for each of FY2007 through FY2010 for total discretionary funding of $375 million during FY2005-FY2010. [7 U.S.C. 8109] |
Reauthorizes the Sun Grant Program through FY2012 and establishes a 6th regional center—Western Insular Pacific Sub-Center—at the University of Hawaii. Authorizes discretionary funding of $75 million annually for FY2008-FY2012. [Sec. 7526] |
|
|
|
|
Definitions |
|
|
Sec. 9001. Defines Administrator, Biomass, Biobased Product, Procuring Agency, Renewable Energy, Rural Small Business, and Secretary. [7 U.S.C. 8101] |
New section 9001 of FSRIA. Adds several definitions including "Advanced Biofuels," which excludes any fuel derived from corn starch, but includes ethanol derived from other plant starches (e.g., sorghum), sugar, as well as cellulosic biomass or organic waste; it also includes organically-derived biogas, butanol or other alcohols; and, notably, biodiesel. Other definitions are biobased product; biomass conversion facility; biorefinery; intermediate ingredient or feedstock; renewable biomass; and renewable energy. Adopts the Senate definitions with amendments. Advanced biofuels include aviation, jet, and heating fuels made from cellulosic biomass. [Sec. 9001] |
|
Biobased Markets Program |
|
|
Sec. 9002. Requires federal agencies to purchase biobased products under certain conditions and authorize a voluntary biobased labeling program. USDA regulations define biobased products, identify biobased product categories, and specify the criteria for qualifying those products for preferred procurement. Mandatory Commodity Credit Corporation (CCC) funding of $1 million is authorized for each of FY2002 through FY2007 for testing biobased products. [7 U.S.C. 8101] |
New section 9002 of FSRIA. Renames program as the Biobased Markets Program. Requires procuring agencies to establish a program and specifications for procuring biobased products (excluding motor vehicle fuels, heating oil, or electricity). Establishes the voluntary labeling program: "USDA Certified Biobased Product." Requires USDA to establish a national registry of biobased testing centers and a report on implementation. Mandatory CCC funding of $1 million in 2008, and $2 million annually for FY2009-FY2012. Discretionary funding of $2 million annually is authorized for FY2009-FY2012. [Sec. 9001] |
|
Biorefinery Assistance |
|
|
No provision. |
New section 9003 of FSRIA. Biorefinery Assistance Program. Assists in the development of new and emerging technologies for the development of advanced biofuels. Provides competitive grants and loan guarantees for construction and retrofitting of biorefineries for the production of advanced biofuels. Biorefinery grants provided for up to 30% of total cost. Each loan guarantee is limited to $250 million or 80% of project cost. Mandatory funding of $75 million in FY2009 and $245 million in FY2010, available until expended for loan guarantees. Discretionary funding of $150 million annually is authorized for FY2009-FY2012. [Sec. 9001] |
|
Repowering Assistance |
|
|
Section 9003. Establishes a grant program to help finance the cost of developing and constructing biorefineries and biofuel production plants to carry out projects to demonstrate the commercial viability of converting biomass to fuels or chemicals. Mandatory funding is not authorized and discretionary funding has not been appropriated for the program. Therefore, no implementation regulations have been developed. [7 U.S.C. 8103] |
New section 9004 of FSRIA. Provides payments to encourage biorefineries in existence on the date of enactment to convert from fossil fuel to renewable energy power sources. Encourages new production of energy for refineries from renewable biomass. Mandatory funding of $35 million for FY2009, to remain available until expended. Discretionary funding of $15 million annually for FY2009-FY2012 is authorized. [Sec. 9001] |
|
Energy Program for Advanced Biofuels |
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Section 9010. Originally created by a 1999 Executive Order during the Clinton Administration, the bioenergy program provides mandatory CCC incentive payments to biofuels producers based on year-to-year increases in the quantity of biofuel produced. Mandatory CCC funding of $150 million is available for each of FY2002 through FY2006. No funding is authorized for FY2007. [7 U.S.C. 8108] |
New section 9005 of FSRIA. Establishes the Bioenergy Program for Advanced Biofuels to encourage production of advanced biofuels. Not more than 5% of the funds can go to facilities with total refining capacity exceeding 150 million gallons per year. Producers of advanced biofuels contracts with USDA to receive payments based on the quantity and duration of production of advanced biofuels, the net renewable energy content of the biofuel, and other factors. Payments limited to ensure equitable distribution. Mandatory funding of $55 million for 2009, $55 million for FY2010, $85 million for FY2011, and $105 million for FY2012. Discretionary funding of $25 million annually is authorized for FY2009-FY2012. [Sec. 9001] |
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Biodiesel Fuel Education Program |
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Section 9004. Administered by USDA's Cooperative State Research, Education, and Extension Service, the program awards competitive grants to nonprofit organizations that educate governmental and private entities operating vehicle fleets, and educates the public about the benefits of biodiesel fuel use. Mandatory CCC funding of $1 million is authorized for each of FY2003 through FY2007. [7 U.S.C. 8104] |
New section 9006 of FSRIA. Extends the Biodiesel Fuel Education Program through 2012. Mandatory CCC funds of $1 million are provided annually for FY2008-FY2012. [Sec. 9001] |
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Energy Audit and Renewable Energy Development Program |
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Section 9005. A competitive grant program for eligible entities to provide energy audits and technical assistance to agricultural producers and rural small businesses to assist them in becoming more energy efficient and in using renewable energy technology and resources. Authorized appropriations of such sums as are necessary to carry out the program for each of FY2002 through FY2007. [7 U.S.C. 8105] |
See new section 9007 of FSRIA below. |
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Rural Energy for America Program |
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The Renewable Energy Systems and Energy Efficiency Program (Section 9006), administered by USDA's Rural Development Agency, authorizes direct loans, loan guarantees, and grants to farmers, ranchers, and rural small businesses to purchase and install renewable energy systems and to make energy efficiency improvements. Grant funds may be used to pay up to 25% of project costs; combined grants and loans or loan guarantees may fund up to 50% of project cost. Eligible projects include those that derive energy from wind, solar, biomass, or geothermal sources. Projects using energy from those sources to produce hydrogen from biomass or water are also eligible. Mandatory CCC funding of $23 million is available for each of FY2003 through FY2007. Unspent money lapses at the end of each year. [7 U.S.C. 8106] |
New section 9007 of FSRIA. Renamed as the Rural Energy for America Program. Provides grants and loan guarantees to state governments, tribal, or local governments, land-grant institutions, rural electric cooperatives or utilities to provide energy audits and renewable energy assistance, and financial assistance for energy efficiency improvements and renewable energy systems. Grants up to 25% of cost are provided. Loan guarantees up to $25 million. Combined amount of grant and guaranteed loans limited to 75% of cost. 20% of funds made available in this section to be reserved for grants of $20,000 or less until the end of the fiscal year. Mandatory CCC funds of $55 million in FY2009, $60 million in FY2010, $70 million in FY2011, and $70 million in FY2012. Discretionary funding of $25 million annually is authorized to be appropriated for FY2009-FY2012. [Sec. 9001] |
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Biomass Research and Development Program |
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This program—created originally under the Biomass Research and Development Act of 2000 (BRDA, P.L. 106-224)—provides competitive funding for research, development, and demonstration projects on biofuels and bio-based chemicals and products, under the Biomass Research and Development Initiative, administered jointly by USDA and DOE. Creates Biomass research and Development Board to coordinate government activities in biomass research, and the Biomass Research and Development Technical Advisory Committee to advise on proposal direction and evaluation. Authorizes mandatory CCC funding of $5 million in FY2002 and $14 million for each of FY2003 through FY2007 (available until expended). Additional appropriation authority of $200 million for each of FY2006 through FY2015. [7 U.S.C. 8101] |
New section 9008 of FSRIA. Moves the Biomass Research and Development Act of 2000 in statute to Title IX of FSRIA of 2002. Defines biobased product. Expands advisory committee. New technical areas for grants include feedstock development, biofuels and biobased products development, and biofuels development analysis with a minimum of 15% of funding going to each area. Minimum cost-share requirement for demonstration projects increased to 50% and research projects to 20%. Provides for coordination of biomass research and development, including life cycle analysis of biofuels, between USDA and DOE. Authorizes mandatory funding of $20 million for FY2009, $28 million for FY2010, $30 million for FY2011, and $40 million for FY2012. Discretionary funding of $35 million is authorized to be appropriated annually for FY2009-FY2012. [Sec. 9001] |
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Rural Energy Self-Sufficiency Initiative |
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No provision. |
New section 9009 of FSRIA. Establishes the Rural Energy Self-Sufficiency Initiative to assist rural communities with community-wide energy systems that reduce conventional energy use 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. Grants are not to exceed 50% of the total cost of the activity. Appropriations of $5 million annually are authorized for FY2009-FY2012. [Sec. 9001] |
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Feedstock Flexibility Program |
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No provision. |
New section 9010 of FSRIA. Requires that USDA establish (in FY2008) and administer a sugar-for-ethanol program using sugar intended for food use but deemed to be in surplus. USDA would implement the program only in those years where purchases are determined to be necessary to ensure that the sugar program operates at no cost. The use of such sums as necessary is authorized to carry out the program. [Sec. 9001] |
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Biomass Crop Assistance Program |
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No provision. |
New section 9011 of FSRIA. Establishes the Biomass Crop Assistance Program (BCAP) to provide producers committing to biomass production or a biomass conversion facility with contracts, which will enable producers in a BCAP project area to receive financial assistance for crop establishment costs and annual payments for biomass production. Producers must be within an economically practical distance from a biomass facility and adhere to resource conservation requirements. Cost-share payments cover costs of establishing crops and for collection, harvest, storage, and transportation to a biomass conversion facility. Annual payments authorized to producers to support biomass production. A report is required no later than 4 years after enactment. Mandatory CCC funds of such sums as necessary are made available for each of FY2008-F2012. [Sec. 9001] |
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Forest Biomass for Energy Program |
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No provision. |
New section 9012 of FSRIA. Forest Service competitive research and development program to encourage use of forest biomass for energy. Priority is given to projects that use low-value forest byproduct biomass for the production of energy; develop processes to integrate bioenergy from forest biomass into existing manufacturing streams; and develop new transportation fuels and improve the production of trees for renewable energy. Authorized appropriations of $15 annually for FY2009-FY2012. [Sec. 9001] |
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Community Wood Energy Program |
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No provision. |
New section 9013 of FSRIA. Establishes Community Wood Energy Program to provide matching grants to state and local governments to acquire community wood energy systems for public buildings. Participants must also implement a community wood energy plan to meet energy needs with reduced carbon intensity through conservation, reduced costs, utilizing low-value wood sources, and increased awareness of energy consumption. Authorizes discretionary funding of $5 million annually for FY2009-2012. [Sec. 9001] |
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Biofuels Infrastructure Study |
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No provision. |
Requests USDA, DOE, EPA, and DOT to jointly report on the infrastructure needs, requirements, and development approaches for expanding the domestic production, transport, and distribution of biofuels. No funding was authorized for this provision. [Sec. 9002] |
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Renewable Fertilizer Study |
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No provision. |
Requires a report within 1 year of appropriations on the production of fertilizer from renewable energy sources in rural areas. Report must identify challenges to commercialization of rural fertilizer production, processes and technologies and the potential impacts of renewable fertilizer on fossil fuel use and the environment. Appropriation of $1 million is authorized for FY2009. [Sec. 9003] |
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Title XI: Livestock |
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Study on Bioenergy Operations |
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No provision. |
Requires a USDA study on the use of animal manure as a fertilizer; the impact of limitations placed on the use of animal manure on consumers and agricultural operations; and the effects of increased competition for manure due to biofuel uses. [Sec. 11014] |
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Title XV: Trade and Tax Provisions; Subtitle C Part II—Energy Provisions |
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Credit for Production of Cellulosic Biofuel |
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Under the American Jobs Creation Act (AJCA) of 2004, (P.L. 108-357), cellulosic ethanol, once developed, would receive the current tax credit of $0.51 per gallon available to any ethanol blended into gasoline as provided through Dec. 31, 2010. [26 U.S.C. 40] |
Provides a fourth tax credit under 26 U.S.C. 40, the Cellulosic Biofuel Producer Credit. The credit is $1.01 per gallon less the amount of small-producer ethanol credit claimed and the alcohol mixture credit claimed for ethanol. [Sec. 15321] |
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Comprehensive Study of Biofuels |
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No provision. |
The Secretary of Treasury, with USDA, DOE, and EPA shall commission the National Academy of Sciences to produce a report on biofuels, including current and projected production, economic and environmental impacts, government program impacts, and the relative impacts of different types of biofuels. [Sec. 15322] |
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Alcohol Fuel: Modification of Alcohol Credit |
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Any ethanol blended into gasoline is eligible for a tax credit of $0.51 per gallon as provided under current law (AJCA of 2004, P.L. 108-357) through Dec. 31, 2010. [26 U.S.C. 40] |
Reduces the ethanol tax credit of $0.51 per gallon to $0.45 per gallon beginning in the first calendar year after the year in which 7.5 billion gallons of ethanol is produced. [Sec 15331] |
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Alcohol Fuel: Calculation of Volume of Alcohol for Fuel Credits |
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Under current law (AJCA of 2004, P.L. 108-357) the volume of bio-alcohol counted as fuel eligible for the tax credit may include up to 5% of the volume as denaturant. [26 U.S.C. 40] |
Reduces the permissible volume of denaturant to 2% for purposes of calculating the volume of alcohol eligible for the tax credit. [Sec. 15332] |
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Alcohol Fuel: Ethanol Tariff Extension |
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Under current law (Heading 9901.00.50 of the Harmonized Tariff Schedule (HTS)), imports of ethyl alcohol are subject to a duty of 14.27¢ per liter ($0.54 per gallon) and a duty of 5.99¢ per liter (Heading 9901.00.52; HTS) on imports of ethyl tertiary-butyl ether through Dec. 31, 2008. [19 U.S.C. Chapter 18] |
Extends the tariff of $0.54 per gallon for imported ethanol or mixtures of ethanol (headings 9901.00.50 and 9901.00.52 of the HTS) through Dec. 31, 2010. [Sec 15333] |
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Alcohol Fuel: Limitations on, and Reductions of, Duty Drawback on Certain Imported Ethanol |
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Section 1313 of the Tariff Act of 1930, as amended, permits the refund of duty if the duty-paid good is re-exported or used to make a good that is exported. A person who manufactures gasoline with ethanol subject to the duty imposed under HTS 9901.00.50 (see previous description), can export jet fuel (does not contain ethanol) and still obtain a refund of the duty paid. [19 U.S.C. Chapter 18] |
Eliminates the ability to obtain a refund of duty imposed under HTS 9901.00.50, when imported ethanol is re-exported by substituting either ethanol not subject to the duty, or another petroleum product (e.g., jet fuel) that is exported to obtain the refund. [Sec. 15334] |
| 1. |
For more information, see CRS Report R41282, Agriculture-Based Biofuels: Overview and Emerging Issues. |
| 2. |
For a listing of federal incentives in support of biofuels production, see CRS Report R40110, Biofuels Incentives: A Summary of Federal Programs. |
| 3. |
For more information, see CRS Report RL34239, Biofuels Provisions in the 2007 Energy Bill and the 2008 Farm Bill: A Side-by-Side Comparison. |
| 4. |
For more information, see CRS Report R40155, Renewable Fuel Standard (RFS): Overview and Issues; and CRS Report R41106, Meeting the Renewable Fuel Standard (RFS) Mandate for Cellulosic Biofuels: Questions and Answers. |
| 5. |
For more information, see CRS Report RL34738, Cellulosic Biofuels: Analysis of Policy Issues for Congress. |
| 6. |
World Agricultural Outlook Board (WAOB), USDA, World Agricultural Supply and Demand Estimates (WASDE), August 10, 2011. |
| 7. |
USDA, PSD database, December 10, 2010. For more information, see CRS Report R41282, Agriculture-Based Biofuels: Overview and Emerging Issues. |
| 8. |
For information concerning the status of implementation of the farm bill's energy provisions and a brief discussion of related emerging issues, see CRS Report R41985, Renewable Energy Programs and the Farm Bill: Status and Issues. |
| 9. |
Advanced biofuels include biofuels derived from cellulosic feedstocks; sugar and starch other than corn kernel-starch; waste material including crop residue, animal, plant, or food waste; diesel fuel produced from renewable biomass including vegetable oil and animal fat; butanol or other alcohols produced through the conversion of organic matter; and other fuels derived from cellulosic biomass. For more information, see CRS Report RL34738, Cellulosic Biofuels: Analysis of Policy Issues for Congress. |
| 10. |
For more information, see CRS Report R41296, Biomass Crop Assistance Program (BCAP): Status and Issues. |
| 11. |
U.S. EPA, Renewable Fuels: Regulations & Standards, at http://www.epa.gov/otaq/fuels/renewablefuels/regulations.htm. For more information, see CRS Report R41106, Meeting the Renewable Fuel Standard (RFS) Mandate for Cellulosic Biofuels: Questions and Answers. |
| 12. |
The CCC is the funding mechanism for the mandatory payments that are administered by various agencies of USDA, including all of the farm commodity price and income support programs and selected conservation programs. |