Biomass: Comparison of Definitions
in Legislation
Kelsi Bracmort
Specialist in Agricultural Conservation and Natural Resources Policy
November 26, 2013
Congressional Research Service
7-5700
www.crs.gov
R40529
Biomass: Comparison of Definitions in Legislation
Summary
The use of biomass as an energy feedstock is emerging as a potentially viable alternative to
address U.S. energy security concerns, foreign oil dependence, rural economic development, and
diminishing sources of easily accessible conventional energy. Biomass (organic matter that can be
converted into energy) may include food crops, crops grown specifically to produce energy (e.g.,
switchgrass or prairie perennials), crop residues, wood waste and byproducts, and animal manure.
Most legislation involving biomass has focused on encouraging the production of liquid fuels
from corn. Efforts to promote the use of biomass for power generation have focused on wood,
wood residues, and milling waste. Comparatively less emphasis has been placed on the use of
non-corn-based biomass feedstocks—other food crops, non-food crops, crop residues, animal
manure, and more—as renewable energy sources for liquid fuel use or for power generation. This
is partly due to the variety, lack of availability, and dispersed location of non-corn-based biomass
feedstock. The technology development status and costs to convert non-corn-based biomass into
energy are also viewed by some as an obstacle to rapid technology deployment.
To aid understanding of the role of biomass as an energy resource, this report investigates the
characterization of biomass in legislation. For over 30 years, the term biomass has been a part of
legislation enacted by Congress for various programs, indicating some interest by the general
public and policymakers in expanding its use. This legislation has provided financial incentives to
develop technologies that use biomass. How biomass is defined influences decisions about the
types of crops that are grown, where they are grown, and potential preferred energy uses, among
other things. There have been 14 biomass definitions included in legislation and the tax code
since 2004.
One point of contention is whether the term is defined to include biomass from federal lands.
Some argue that removal of biomass from these lands may lead to ecological harm. Others
contend that biomass from federal lands can aid the production of renewable energy to meet
certain mandates (e.g., the Renewable Fuel Standard) and that removal of biomass can enhance
forest protection from wildfires. Forthcoming discussions about energy, particularly legislation
involving the Renewable Fuel Standard or energy tax incentives, may prompt further discussion
about the definition of biomass.
Bills introduced in the 113th Congress (H.R. 3084, S. 1267) and the 112th Congress (e.g., S. 781,
H.R. 1861) would modify the biomass definition. However, little legislative action has occurred
regarding the definition of biomass in either the 113th or 112th Congresses. This report lists
biomass definitions enacted by Congress in legislation and the tax code since 2004 and
definitions contained in legislation from the 111th Congress (the American Clean Energy and
Security Act of 2009, H.R. 2454; the American Clean Energy Leadership Act of 2009, S. 1462;
the Clean Energy Jobs and American Power Act, S. 1733; and the discussion draft of the
American Power Act). CRS discussion of the similarities and differences among the definitions is
provided.
Congressional Research Service
Biomass: Comparison of Definitions in Legislation
Contents
Introduction ...................................................................................................................................... 1
Biomass............................................................................................................................................ 1
Legislative History ........................................................................................................................... 1
Analysis of Biomass Definitions ..................................................................................................... 2
Potential Issues for Biomass Feedstock Development .................................................................... 3
Proposed Modification of the Biomass Definition .......................................................................... 4
Tables
Table 1. Biomass Definitions Contained in Legislation Enacted Since 2004 .................................. 5
Table 2. Biomass Definitions Contained in Legislation in the 111th Congress .............................. 13
Contacts
Author Contact Information........................................................................................................... 17
Acknowledgments ......................................................................................................................... 17
Congressional Research Service
Biomass: Comparison of Definitions in Legislation
Introduction
The potential for biomass to meet U.S. renewable energy demands has yet to be fully explored.
Non-food and other types of biomass (e.g., manure) have traditionally been considered by some
as waste material and as such have been deposited in landfills, used for animal feed, or applied to
crop production lands. However, rising fuel prices, environmental concerns, and sustainability
issues have led policymakers to create legislation that encourages conversion of biomass into
liquid fuels (e.g., ethanol, biodiesel), electricity, or thermal energy.1 Lately, there has been
increasing interest in cellulosic biomass (e.g., crop residues, prairie grasses, and woody biomass)
because it does not compete directly with crop production for food—although it may compete for
land—and because it is located in widely dispersed areas. Classification of biomass as an energy
resource has prompted the investigation of its use for purposes additional to liquid fuel (e.g., on-
site heating and lighting purposes, off-site electricity).
Biomass
Biomass is organic matter that can be converted into energy. Common examples of biomass
include food crops, crops for energy (e.g., switchgrass or prairie perennials), crop residues (e.g.,
corn stover), wood waste and byproducts (both mill residues and traditionally noncommercial
biomass in the woods), and animal manure. Over the last few years, the concept of biomass has
grown to include such diverse sources as algae, construction debris, municipal solid waste, yard
waste, and food waste. Some contend that biomass has seen limited use as an energy source thus
far because it is not readily available as a year-round feedstock, is often located at dispersed sites,
can be expensive to transport, lacks long-term performance data, requires costly technology to
convert to energy, and might not meet quality specifications to reliably fuel electric generators.
Woody biomass has received special attention because of its widespread availability, but to date
has been of limited use for energy production except for wood wastes at sawmills. Wood can be
burned directly, usually to produce both heat or steam and electricity (called combined heat and
power, or CHP), or digested to produce liquid fuels. Biomass from forests, as opposed to mill
wastes, has been of particular interest, because it is widely accepted that many forests have excess
biomass (compared to historical levels) called hazardous fuels that can contribute to catastrophic
wildfires.2 Removing these hazardous fuels from forests could reduce the threat of catastrophic
wildfires, at least in some ecosystems, while providing a feedstock for energy production.
Legislative History
The term biomass was first introduced by Congress in the Powerplant and Industrial Fuel Use Act
of 1978 (P.L. 95-620) as a type of alternate fuel. However, the term was first defined in the
Energy Security Act of 1980 (P.L. 96-294), in Title II, Biomass Energy and Alcohol Fuels, as
“any organic matter which is available on a renewable basis, including agricultural crops and
agricultural wastes and residues, wood and wood wastes and residues, animal wastes, municipal
1 For more information on biofuels and biopower, see CRS Report R41282, Agriculture-Based Biofuels: Overview and
Emerging Issues, and CRS Report R41440, Biomass Feedstocks for Biopower: Background and Selected Issues.
2 See CRS Report R40811, Wildfire Fuels and Fuel Reduction.
Congressional Research Service
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Biomass: Comparison of Definitions in Legislation
wastes, and aquatic plants.” The Energy Security Act of 1980 contained two additional definitions
for biomass, excluding aquatic plants and municipal waste, in Title II, Subtitle C, Rural,
Agricultural, and Forestry Biomass Energy.
Three germane pieces of legislation define biomass: the Food, Conservation, and Energy Act of
2008 (2008 farm bill, P.L. 110-246); the Energy Independence and Security Act of 2007 (EISA,
P.L. 110-140); and the Energy Policy Act of 2005 (EPAct05, P.L. 109-58). The term is mentioned
several times throughout the three bills, but is not always defined for each provision of the law. In
some cases, an individual law has multiple biomass definitions related to various provisions. For
example, one definition is included in the 2008 farm bill and three are provided in EISA.
EPAct05 has six biomass definitions. The tax code contains four additional definitions. In total,
14 biomass definitions have been included in legislation and the tax code since 2004. Table 1
includes definitions from the three laws and from the tax code and contains additional comments.
The definitions are built into the many provisions and programs that may support research and
development, encourage technology transfer, and reduce technology costs for landowners and
businesses. Thus, because the various definitions determine which feedstocks can be used under
the various programs, the definitions are critical to the research, development, and application of
biomass used to produce energy.
Analysis of Biomass Definitions
Two biomass definitions may be considered by policymakers, scientists, and program managers
as the most comprehensive for energy production purposes: the definition in Title IX of the 2008
farm bill and the definition in Title II of EISA. Both laws provide an extensive definition for
renewable biomass, but each law defines renewable biomass somewhat differently. The
recognition of biomass as renewable means that biomass is considered by some to be an infinite
feedstock that may be replenished in a short time frame. Both definitions consider crops, crop
residues, plants, algae, animal waste, food waste, and yard waste, among other items, as
appropriate biomass feedstock.
Whether the biomass is grown on federal lands is an important distinction between the two
definitions for renewable biomass. The 2008 farm bill includes biomass from federal lands as a
biofuel feedstock. Under EISA, to be eligible for the Renewable Fuel Standard (RFS), biomass
cannot be removed from federal lands, and the law excludes crops from forested lands.3 There has
been some congressional discussion and legislation on expanding the EISA definition to include
biomass from federal lands to better meet the RFS biofuels usage mandate.4
EISA expanded the RFS and restricted the definition of biomass. As described above, the
renewable biomass definition for the RFS under EISA excludes biomass removed from federal
lands and crops from forested lands as biofuel feedstocks. Advocates for this definition include
groups who favor minimal land disturbance (for ecological reasons as well as to sustain
sequestered carbon) and are concerned that incentives to use wood waste might increase land
3 The Renewable Fuel Standard (RFS) is a provision established by the Energy Policy Act of 2005 requiring gasoline to
contain a minimum amount of fuel produced from renewable biomass. For more information on the RFS, see CRS
Report R40155, Renewable Fuel Standard (RFS): Overview and Issues.
4 For more information on meeting one of the RFS advanced biofuel mandates, see CRS Report R41106, Meeting the
Renewable Fuel Standard (RFS) Mandate for Cellulosic Biofuels: Questions and Answers.
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Biomass: Comparison of Definitions in Legislation
disturbance, especially timber harvesting on federal lands. Opponents of this definition include
groups who seek to use materials from federal lands and other forested lands (i.e., not tree
plantations) as a source of renewable energy while possibly contributing to long-term, sustainable
management of those lands.
Advocates of the 2008 farm bill renewable biomass definition include groups who seek to use the
potentially substantial volumes of waste woody biomass from federal lands and other (non-
plantation) forest lands (e.g., waste from timber harvests, from pre-commercial thinnings, or from
wildfire fuel reduction treatments) as a source of renewable energy. Opponents include groups
who seek to preserve forested land and federal land, and who are concerned that incentives for
using wood waste would encourage activities that could disturb forest lands, possibly damaging
important wildlife habitats and water quality, as well as releasing carbon from forest soils.
Potential Issues for Biomass Feedstock
Development
It is not clear whether the biomass definitions in the 2008 farm bill and in EISA constitute a
barrier to biomass feedstock development for conversion to liquid fuels. Concerns for some
landowners and business entities that wish to enter the biomass feedstock market include
economic stability, risk/reward ratio, revenue generation, land use designation, and lifecycle
greenhouse gas emissions. Additionally, the feedstock development potential of woody biomass
varies by region. For example, biomass stock tends to be located on private forest land in the
southeastern United States and on federal land in the western United States. Different regions
may require different resources to develop a robust biomass feedstock market.
Recent agricultural and energy legislation has incorporated provisions and established programs
to promote the development and use of biomass as a renewable energy source.5 The success of
these provisions and programs will be partly determined by landowner participation rates.
Participation rates may depend on the definition provided in the legislation that authorizes
financial and technical support. Landowners can receive financial or technical assistance for
biomass feedstock development based on the renewable biomass definition for that specific
program.
One program that was thought to have the potential to increase the level of private landowner
participation in the biomass feedstock market was the Biomass Crop Assistance Program
(BCAP), established in Section 9011 of the 2008 farm bill.6 BCAP, administered by the USDA
Farm Service Agency, is intended to support the establishment and production of eligible crops
for conversion to bioenergy. (Crops or lands that receive payments under Title I of the 2008 farm
bill are not eligible for participation in BCAP.) However, BCAP was one of several farm bill
energy programs that were to expire at the end of 2012, but were extended through 2013.7 The
5 For more information, see CRS Report R40913, Renewable Energy and Energy Efficiency Incentives: A Summary of
Federal Programs and CRS Report R41985, Renewable Energy Programs and the Farm Bill: Status and Issues.
6 For more information on BCAP, see CRS Report R41296, Biomass Crop Assistance Program (BCAP): Status and
Issues.
7 The American Taxpayer Relief Act of 2012 (ATRA, P.L. 112-240) extended BCAP through FY2013. BCAP lacks
baseline funding going forward. For more information, see CRS Report R41985, Renewable Energy Programs and the
Farm Bill: Status and Issues.
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Biomass: Comparison of Definitions in Legislation
fate of this program depends on the authorization of the 2013 farm bill.8 The 2008 farm bill
contains other renewable energy provisions that may stimulate biomass feedstock efforts,
although many of these provisions have not yet been implemented.9
Proposed Modification of the Biomass Definition
The definition for biomass contained in legislation determines what sources of material are
deemed eligible as biomass and which lands are eligible for biomass removal for inclusion in the
RFS and for treatment in the tax code. The biomass definition in legislation influences decisions
on the types of crops grown, where they are grown, and their potential preferred energy uses,
among other things. Biomass definitions typically contain three components: agriculture (e.g.,
crops), forestry (e.g., slash, pre-commercial thinnings), and waste (e.g., food, yard). Multiple
biomass definitions can be included in a single piece of legislation to meet the requirements of
associated programs or provisions. Environmental groups, private entities aspiring to participate
in biomass-to-energy initiatives, and federal agencies that administer biomass-to-energy programs
are likely to closely monitor the biomass definitions proposed during the farm bill and energy
debates in Congress.
Thus far, biomass debate and action in the 113th Congress has been minimal, although bills have
been introduced to modify the definition (H.R. 3084, S. 1267). Further, debates about the
definition of biomass were not as extensive in the 112th Congress as they were in previous
Congresses. Bills introduced during the 112th Congress to modify the biomass definition include
S. 559, S. 781, H.R. 1861, and H.R. 1920. Forthcoming discussions about energy, particularly
legislation involving the Renewable Fuel Standard or energy tax incentives, may prompt further
discussion about the biomass definition.
Significant attention was focused on the proposed biomass definitions contained in multiple
legislative proposals put forth by the 111th Congress, including the American Clean Energy and
Security Act of 2009 (ACES; H.R. 2454), the American Clean Energy Leadership Act of 2009
(ACELA; S. 1462), the Clean Energy Jobs and American Power Act (S. 1733), and the American
Power Act (discussion draft). See Table 2.
Discussion regarding the definition of biomass during the 111th Congress tended to center on the
type of forestry products considered as an eligible biomass source and the lands (e.g., federal,
forested) where biomass removal can occur. The eligibility of forest products may have been a
contentious aspect of the biomass definition primarily because of differing viewpoints on the
sustainability of woody biomass supplies. Some voice disapproval about forest lands being
eligible for biomass removal generally because it is uncertain whether forestry products can be
removed and transported to an energy conversion facility with minimal environmental impact,
and whether such removals damage forest health. Others contend that inclusion of biomass
removal from federal and forested lands is necessary to meet specific biofuel mandates
established in the RFS.
8 For more information, see CRS Report R43076, The 2013 Farm Bill: A Comparison of the Senate-Passed (S. 954)
and House-Passed (H.R. 2642, H.R. 3102) Bills with Current Law.
9 For more information, see CRS Report R41985, Renewable Energy Programs and the Farm Bill: Status and Issues
and CRS Report R43076, The 2013 Farm Bill: A Comparison of the Senate-Passed (S. 954) and House-Passed (H.R.
2642, H.R. 3102) Bills with Current Law.
Congressional Research Service
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Table 1. Biomass Definitions Contained in Legislation Enacted Since 2004
Public Law/
No.
Tax Code
Definition
Comments
1 P.L.
110-246
The term renewable biomass means—
Definition associated with the following sections in the bill:
Food, Conservation,
Biorefinery Assistance Program (§9003), Repowering Assistance
and Energy Act of 2008
‘(A) materials, pre-commercial thinnings, or invasive species from
(§9004), Biomass Research and Development Initiative (§9008),
National Forest System land and public lands (as defined in
Biomass Crop Assistance Program (§9011), Forest Biomass for
Title IX
section 103 of the Federal Land Policy and Management Act of
Energy (§9012), and Community Wood Energy Program (§9013).
1976 (43 U.S.C. 1702)) that—‘(i) are byproducts of preventive
Section 9001(12)
treatments that are removed—‘(I) to reduce hazardous fuels; ‘(II)
In contrast to the RFS definition of renewable biomass (EISA, Title II,
to reduce or contain disease or insect infestation; or ‘(III) to
§201(1)(I)), this definition allows biomass from federal lands as a
restore ecosystem health; ‘(i ) would not otherwise be used for
biofuel feedstock.
higher-value products; and ‘(i i) are harvested in accordance
with—‘(I) applicable law and land management plans; and ‘(II) the
The definition includes materials, pre-commercial thinnings, or invasive
requirements for—‘(aa) old-growth maintenance, restoration,
species from National Forest System land and public (BLM) lands;
and management direction of paragraphs (2), (3), and (4) of
organic matter available on a renewable or recurring basis from non-
subsection (e) of section 102 of the Healthy Forests Restoration
federal or Indian land; renewable plant material (e.g., feed grains,
Act of 2003 (16 U.S.C. 6512); and ‘(bb) large-tree retention of
other agricultural commodities, other plants and trees, and algae) and
subsection (f) of that section; or
waste material (e.g., crop residue and other vegetative waste material,
such as wood waste and wood residues), as well as animal waste and
‘(B) any organic matter that is available on a renewable or
byproducts (including fats, oils, greases, and manure), food waste, and
recurring basis from non-Federal land or land belonging to an
yard waste.
Indian or Indian tribe that is held in trust by the United States or
subject to a restriction against alienation imposed by the United
This definition does not mention biomass from wildfire fuel
States, including—‘(i) renewable plant material, including—‘(I)
treatments in the immediate vicinity of buildings, as does the RFS
feed grains; ‘(II) other agricultural commodities; ‘(III) other plants
renewable biomass definition. (See definition 2.)
and trees; and ‘(IV) algae; and ‘(ii) waste material, including—‘(I)
No limits on private-sector participation evident.
crop residue; ‘(II) other vegetative waste material (including
wood waste and wood residues); ‘(III) animal waste and
byproducts (including fats, oils, greases, and manure); and ‘(IV)
food waste and yard waste.
CRS-5
Public Law/
No.
Tax Code
Definition
Comments
2 P.L.
110-140
The term renewable biomass means each of the following:
Definition associated with this section in the bill: Renewable Fuel
Energy Independence
Standard (Title II, Subtitle A).
and Security Act of
“(i) Planted crops and crop residue harvested from agricultural
2007
land cleared or cultivated at any time prior to the enactment of
This provision defines renewable biomass for the Renewable Fuel
this sentence that is either actively managed or fallow, and
Standard (Title II, Subtitle A). The definition excludes, as biofuel
Title II
nonforested.
feedstocks, biomass removed from federal lands and crops for
forested lands (e.g., timber harvests). The definition includes biomass
Section 201(1)(I)
“(ii) Planted trees and tree residue from actively managed tree
from:
plantations on non-federal land cleared at any time prior to
enactment of this sentence, including land belonging to an Indian
•
slash and pre-commercial thinnings from non-federal forestlands,
tribe or an Indian individual, that is held in trust by the United
including Indian forestlands, but not from forestlands that are
States or subject to a restriction against alienation imposed by
ecological communities within a global or state ranking of
the United States.
critically imperiled, imperiled, or rare pursuant to a State
Natural Heritage Program, and not from old-growth or late
“(ii ) Animal waste material and animal byproducts.
successional forests;
“(iv) Slash and pre-commercial thinnings that are from non-
federal forestlands, including forestlands belonging to an Indian
•
planted trees and tree residue from actively managed tree
tribe or an Indian individual, that are held in trust by the United
plantations on non-federal land;
States or subject to a restriction against alienation imposed by
•
biomass obtained from the immediate vicinity of buildings, public
the United States, but not forests or forestlands that are
infrastructure, and areas regularly occupied by people that are at
ecological communities with a global or State ranking of critically
risk from wildfire (e.g., from wildfire fuel reduction activities on
imperiled, imperiled, or rare pursuant to a State Natural Heritage
non-federal lands); and
Program, old growth forest, or late successional forest.
•
other activities, including planted crops and crop residue from
“(v) Biomass obtained from the immediate vicinity of buildings
nonforested agricultural land that is either actively managed or
and other areas regularly occupied by people, or of public
fallow; animal waste material and byproducts; separated yard
infrastructure, at risk from wildfire.
waste or food waste (including recycled cooking and trap
“(vi) Algae.
grease); and algae.
“(vii) Separated yard waste or food waste, including recycled
Limits on private-sector participation evident—biomass may not be
cooking and trap grease.
removed from federal lands. Some biomass material may come from
non-federal forest lands.
CRS-6
Public Law/
No.
Tax Code
Definition
Comments
3 P.L.
110-140
The term biomass—’(aa) means any organic material that is
Definition associated with this section in the bill: Express Loans for
Energy Independence
available on a renewable or recurring basis, including—’(AA)
Renewable Energy and Energy Efficiency (§1201).
and Security Act of
agricultural crops; ‘(BB) trees grown for energy production;
2007
‘(CC) wood waste and wood residues; ‘(DD) plants (including
The definition excludes paper that is commonly recycled and
aquatic plants and grasses); ‘(EE) residues; ‘(FF) fibers; ‘(GG)
unsegregated solid waste.
Title XII
animal wastes and other waste materials; and ‘(HH) fats, oils, and
The definition includes any organic material available on a renewable
Section 1201
greases (including recycled fats, oils, and greases); and ‘(bb) does
or recurring basis, including agricultural crops, trees grown for energy
not include—’(AA) paper that is commonly recycled; or ‘(BB)
production, wood waste and wood residues, plants (including aquatic
unsegregated solid waste.
plants and grasses), residues, fibers, animal wastes and other waste
materials, and fats, oils, and greases (including recycled fats, oils, and
greases).
The definition is much less restrictive than the renewable biomass
definition listed under EISA, Title II, Section 201(1)(I) for the RFS.
The definition is similar to the biomass definition under the EPAct05
Renewable Energy Security Provision (§206).
Does not include paper that is commonly recycled or unsegregated
solid waste.
Does not specify “actively managed” crops and trees as a criterion as
mentioned in definition 2.
4 P.L.
110-140
The term biomass—’(i) means any organic material that is
Definition associated with this section in the bill: Small Business
Energy Independence
available on a renewable or recurring basis, including—’(I)
Energy Efficiency Program (§1203).
and Security Act of
agricultural crops; ‘(II) trees grown for energy production; ‘(III)
2007
wood waste and wood residues; ‘(IV) plants (including aquatic
Applicable biomass is identical to materials described in definition 3.
plants and grasses); ‘(V) residues; ‘(VI) fibers; ‘(VII) animal wastes
Title XII
and other waste materials; and ‘(VIII) fats, oils, and greases
Section
(including recycled fats, oils, and greases); and ‘(i ) does not
1203(e)(z)(4)(A)
include—’(I) paper that is commonly recycled; or ‘(II)
unsegregated solid waste.
CRS-7
Public Law/
No.
Tax Code
Definition
Comments
5 Tax
Code
The term closed-loop biomass means any organic material from
Definition associated with this section in the code: Electricity
2007
a plant which is planted exclusively for purposes of being used at
Produced from Certain Renewable Resources (§45).
a qualified facility to produce electricity.
Title 26
Definition associated with this tax credit: Renewable Electricity,
Subtitle A
Refined Coal, and Indian Coal Production Credit (IRS Form 8835).
Chapter 1
Subchapter A
Denotes the following as applicable biomass:
Part IV
•
any organic material from a plant that is grown exclusively to
Subpart D
produce electricity.
Section 45(c)(2)
6 Tax
Code
The term open-loop biomass means—(i) any agricultural
Definition associated with this section in the code: Electricity
2007
livestock waste nutrients, or (ii) any solid, nonhazardous,
Produced from Certain Renewable Resources (§45).
cellulosic waste material or any lignin material which is
Title 26
segregated from other waste materials and which is derived
Definition associated with this tax credit: Renewable Electricity,
Subtitle A
from—(I) any of the following forest-related resources: mill and
Refined Coal, and Indian Coal Production Credit (IRS Form 8835).
Chapter 1
harvesting residues, precommercial thinnings, slash, and brush, (II)
Subchapter A
Denotes the following as applicable biomass:
solid wood waste materials, including waste pallets, crates,
Part IV
dunnage, manufacturing and construction wood wastes (other
•
any agricultural livestock waste nutrients.
Subpart D
than pressure-treated, chemically-treated, or painted wood
•
any solid, nonhazardous, cellulosic waste material or lignin
Section 45(c)(3)
wastes), and landscape or right-of-way tree trimmings, but not
material.
including municipal solid waste, gas derived from the
biodegradation of solid waste, or paper which is commonly
Does not include municipal solid waste, gas derived from the
recycled, or (III) agriculture sources, including orchard tree
biodegradation of solid waste, or paper which is commonly recycled.
crops, vineyard, grain, legumes, sugar, and other crop by-
products or residues. Such term shal not include closed-loop
Does not include closed-loop biomass or biomass burned in
biomass or biomass burned in conjunction with fossil fuel
conjunction with fossil fuel (cofiring) beyond such fossil fuel required
(cofiring) beyond such fossil fuel required for startup and flame
for startup and flame stabilization.
stabilization.
CRS-8
Public Law/
No.
Tax Code
Definition
Comments
7 Tax
Code
The term biomass means any organic material other than—(A)
Definition associated with this section in the code: Tax Credit for
2007
oil and natural gas (or any product thereof), and (B) coal
Producing Fuel from a Nonconventional Source (§45k).
(including lignite) or any product thereof.
Title 26
Denotes the following as applicable biomass:
Subtitle A
Chapter 1
•
any organic material other than oil and natural gas, and coal or
Subchapter A
any product thereof.
Part IV
Definition does not distinguish between open-loop biomass and
Subpart D
closed-loop biomass.
Section 45k(c)(3)
Definition appears to be more expansive than definitions provided in
P.L. 110-140 and P.L. 110-246.
8 Tax
Code
The term biomass means any—(i) agricultural or plant waste, (ii)
Definition associated with this section in the code: Qualifying
2007
byproduct of wood or paper mil operations, including lignin in
Gasification Project Credit (§48b).
spent pulping liquors, and (iii) other products of forestry
Title 26
maintenance. (B) Exclusion: The term “biomass" does not include
Denotes the following as applicable biomass:
Subtitle A
paper which is commonly recycled.
Chapter 1
•
any agricultural or plant waste.
Subchapter A
•
wood or paper mill operations byproduct.
Part IV
Subpart E
•
other products of forestry maintenance.
Section 48b(c)(4)
Does not include paper which is commonly recycled.
Does not include closed-loop biomass.
CRS-9
Public Law/
No.
Tax Code
Definition
Comments
9 P.L.
109-58
The term biomass means any lignin waste material that is
Definition associated with this section in the bill: Federal Government
Energy Policy Act of
segregated from other waste materials and is determined to be
Purchase Requirement for Renewable Energy (§203).
2005
nonhazardous by the Administrator of the Environmental
Protection Agency and any solid, nonhazardous, cellulosic
Denotes the following as applicable biomass:
Title II
material that is derived from—(A) any of the fol owing forest-
•
any lignin waste material that is segregated from other waste
Section 203(b)(1)
related resources: mill residues, precommercial thinnings, slash,
materials.
and brush, or nonmerchantable material; (B) solid wood waste
materials, including waste pallets, crates, dunnage, manufacturing
•
any solid, nonhazardous, cellulosic material derived from forest-
and construction wood wastes (other than pressure-treated,
related resources, solid wood waste materials, agriculture
chemically treated, or painted wood wastes), and landscape or
wastes, or a plant that is grown exclusively as a fuel for the
right-of-way tree trimmings, but not including municipal solid
production of electricity.
waste (garbage), gas derived from the biodegradation of solid
Does not include municipal solid waste, gas derived from the
waste, or paper that is commonly recycled; (C) agriculture
biodegradation of solid waste, or paper that is commonly recycled.
wastes, including orchard tree crops, vineyard, grain, legumes,
sugar, and other crop by-products or residues, and livestock
Introduces a concept that will be defined in 2007 as “closed-loop
waste nutrients; or (D) a plant that is grown exclusively as a fuel
biomass” in the Internal Revenue Code.
for the production of electricity.
Does not specify “actively managed” crops and trees as a criterion as
mentioned in definition 2.
Does not discuss biomass obtained from the immediate vicinity of
buildings (see definition 2).
Limits on private-sector participation not specified.
10 P.L.
109-58
The term biomass means any organic matter that is available on
Definition associated with this section in the bill: Renewable Energy
Energy Policy Act of
a renewable or recurring basis, including agricultural crops and
Security Provision (§206).
2005
trees, wood and wood wastes and residues, plants (including
aquatic plants), grasses, residues, fibers, and animal wastes,
Denotes the following as applicable biomass:
Title II
municipal wastes, and other waste materials.
•
any organic matter available on a renewable or recurring basis
Section 206(a)(6)(B)
including agricultural crops and trees, wood and wood wastes
and residues, plants (including aquatic plants), grasses, residues,
fibers, and animal wastes, municipal wastes, and other waste
materials.
Limits on private-sector participation not specified.
CRS-10
Public Law/
No.
Tax Code
Definition
Comments
11 P.L.
109-58
The term biomass means nonmerchantable materials or
Definition associated with this section in the bill: Grants to Improve
Energy Policy Act of
precommercial thinnings that are byproducts of preventive
Commercial Value of Forest Biomass for Electric Energy, Useful Heat,
2005
treatments, such as trees, wood, brush, thinnings, chips, and
Transportation Fuels and Other Commercial Purposes Program
slash, that are removed—(A) to reduce hazardous fuels; (B) to
(§210).
Title II
reduce or contain disease or insect infestation; or (C) to restore
Denotes the following as applicable biomass:
Section 210(a)(1)
forest health.
•
unmarketable materials or precommercial thinnings that are
byproducts of preventive treatments, such as trees, wood,
brush, thinnings, chips, and slash.
Definition limited to forestry biomass sources.
Limits on private-sector participation not specified.
12 P.L.
109-58
The term biomass means—(A) any organic material grown for
Definition associated with this section in the bill: Bioenergy Program
Energy Policy Act of
the purpose of being converted to energy; (B) any organic
(§932).
2005
byproduct of agriculture (including wastes from food production
and processing) that can be converted into energy; or (C) any
Denotes the following as applicable biomass:
Title IX
waste material that can be converted to energy, is segregated
Subtitle C
•
any organic material grown for the purpose of being converted
from other waste materials, and is derived from—(i) any of the
to energy.
Section 932(a)(1)
following forest-related resources: mill residues, precommercial
thinnings, slash, brush, or otherwise nonmerchantable material;
•
any organic byproduct of agriculture.
or (ii) wood waste materials, including waste pallets, crates,
•
dunnage, manufacturing and construction wood wastes (other
any waste material that can be converted to energy, is
segregated from other waste materials, and is derived from
than pressure-treated, chemically-treated, or painted wood
forest-related resources or wood waste materials, and landscape
wastes), and landscape or right-of-way tree trimmings, but not
or right-of-way tree trimmings.
including municipal solid waste, gas derived from the
biodegradation of municipal solid waste, or paper that is
Does not include municipal solid waste, gas derived from the
commonly recycled.
biodegradation of municipal solid waste, or paper that is commonly
recycled.
Does not specify “actively managed” crops and trees as a criterion as
mentioned in definition 2.
Limits on private-sector participation not specified.
CRS-11
Public Law/
No.
Tax Code
Definition
Comments
13 P.L.
109-58
The term biomass means any—’(i) agricultural or plant waste,
Definition associated with this section in the bill: Credit for
Energy Policy Act of
‘(ii) byproduct of wood or paper mill operations, including lignin
Investment in Clean Coal Facilities (§1307).
2005
in spent pulping liquors, and ‘(iii) other products of forestry
maintenance. ‘(B) EXCLUSION- The term ‘biomass’ does not
Denotes the following as applicable biomass:
Title XIII
include paper which is commonly recycled.
Subtitle A
•
any agricultural or plant waste.
Section 1307
•
any byproduct of wood or paper mill operations.
Section 48B(c)(4)
•
any other products of forestry maintenance.
Does not include paper which is commonly recycled.
Does not specify “actively managed” crops and trees as a criterion as
mentioned in definition 2.
Limits on private-sector participation not specified.
14 P.L.
109-58
The term renewable biomass is, as defined in Presidential
Definition associated with this section in the bill: Conversion
Energy Policy Act of
Executive Order 13134, published in the Federal Register on
Assistance for Cellulosic Biomass, Waste-Derived Ethanol, Approved
2005
August 16, 1999, any organic matter that is available on a
Renewable Fuels Grants Program (§1512).
renewable or recurring basis (excluding old-growth timber),
Title XV
including dedicated energy crops and trees, agricultural food and
Denotes the following as applicable biomass:
Subtitle A
feed crop residues, aquatic plants, animal wastes, wood and wood • any organic matter that is available on a renewable or recurring
Section 1512(r)(4)(B)
residues, paper and paper residues, and other vegetative waste
basis (excluding old-growth timber) including dedicated energy
materials. Old-growth timber means timber of a forest from the
crops and trees, agricultural food and feed crop residues, aquatic
late successional stage of forest development.
plants, animal wastes, wood and wood residues, paper and paper
residues, and other vegetative waste materials.
Does not specify “actively managed” crops and trees as a criterion as
mentioned in definition 2.
Limits on private-sector participation not specified.
CRS-12
Table 2. Biomass Definitions Contained in Legislation in the 111th Congress
No. Bill
Comments
1 H.R.
2454
Definition associated with this section in the bill: Combined Efficiency and Renewable Electricity Standard (§610).
American Clean Energy
The definition is an amalgamation of previous language, primarily from the 2008 farm bill. The forestry component of the definition
and Security Act of 2009 includes materials, pre-commercial thinnings, or invasive species from National Forest System land and public (BLM) lands, including:
(ACES)
•
the byproducts of preventive treatments (such as trees, wood, brush, thinnings, chips, and slash),
Title I
Subtitle A
•
those removed as part of a federally recognized timber sale, or
Section 101
•
those removed to reduce hazardous fuels, to reduce or contain disease or insect infestation, or to restore ecosystem health.
The materials, pre-commercial thinnings, or invasive species must be harvested in environmentally sustainable quantities, as
determined by the federal land manager; and in accordance with federal and state law, and applicable land management plans.
The definition excludes lands in the National Wilderness Preservation System, Wilderness Study Areas, Inventoried Roadless Areas,
old-growth stands, late-successional stands (except for dead, severely damaged, or badly infested trees), components of the National
Landscape Conservation System, National Monuments, National Conservation Areas, Designated Primitive Areas, or Wild and Scenic
Rivers corridors. These ineligible lands were originally in the Healthy Forests Restoration Act of 2003 (P.L. 108-148).
As passed, the definition includes “federally recognized timber sale,” “harvested in environmentally sustainable quantities,” and
“residues and byproducts from wood, pulp, or paper products facilities.”
As passed, the agricultural component of the definition includes: organic matter available on a renewable or recurring basis from non-
federal or Indian land, including renewable plant material (e.g., feed grains, other agricultural commodities, other plants and trees, and
algae) and waste material (e.g., crop residue and other vegetative waste material, such as wood waste and wood residues), animal
waste and byproducts (including fats, oils, greases, and manure), construction waste, and food waste and yard waste.
The definition includes residues and byproducts from wood, pulp, or paper products facilities.
Advocates for this biomass definition include groups who seek to use the potential y substantial volumes of waste woody biomass
from federal lands and other (non-plantation) forested lands (e.g., waste from timber harvests, from pre-commercial thinnings, or
from wildfire fuel reduction treatments) as a source of renewable energy. Opponents include groups who seek to preserve
undisturbed forested land and federal land, and who are concerned that incentives for using wood waste would encourage activities
that damage forest lands, possibly harming important wildlife habitats and water quality.
2 H.R.
2454
Definition associated with this section in the bill: Clean Air Act (42 U.S.C. §7545(o)(1)) Renewable Fuel Standard.
American Clean Energy
The majority of the definition is identical to the text of the renewable biomass definition listed under ACES, Title I, Subtitle A, Section
and Security Act of 2009 101 (see definition 1 above).
Title I
The sole exception is the addition of clause (ff) that includes as applicable biomass “the non-fossil biogenic portion of municipal solid
Subtitle C
waste and construction, demolition, and disaster debris.”
Section 126
Applicability and restrictions for this definition are identical to those described for the renewable biomass definition under ACES, Title
I, Subtitle A, Section 101 (see definition 1 above).
This definition would replace the EISA current definition of renewable biomass under the RFS.
CRS-13
No. Bill
Comments
3 H.R.
2454
Definition associated with this section in the bill: Supplemental Emissions Reductions from Reduced Deforestation provision.
American Clean Energy
The definition, applicability, and restrictions are identical to those described for renewable biomass definition listed under ACES,
and Security Act of 2009 Title I, Subtitle A, Section 101 (see definition 1 above).
Title VIII
Part E
Section 751
4 S.
1462
Definition associated with this section in the bill: federal purchase requirement for renewable electricity provision (Energy Policy Act
of 2005 §203; 42 U.S.C. 15852).
American Clean Energy
Leadership Act of 2009
The forestry component of the definition includes nonhazardous organic materials:
(ACELA)
•
residues and byproducts from milled logs;
Title 1
•
wood, paper products that are not commonly recyclable, and vegetation diverted from or separated from other waste in the
Subtitle C
municipal waste stream;
Section 133
•
hazard trees, trimmings, and brush that are necessary to remove to maintain a utility right-of-way or a public road;
•
trees, trimmings, and brush harvested from the immediate vicinity of any building, campground, or other structure in wildfire-
prone areas to reduce the risk to the structure or campground or to human life from wildfires;
•
invasive species removed to control or eradicate the invasive species;
•
slash, brush, trees, and other vegetation that is harvested from non-federal or Indian land that is, at the time of harvest:
—natural y regenerated forest land; forest land planted to restore a naturally regenerated forest; or if harvested in
quantities and through practices that maintain or contribute to the restoration of the species, ecological systems, and
ecological communities for which the conservation forest land was identified, conservation forest land (as defined in the
proposed amendment); or
—planted forest land; and cropland (including fallow land), pastureland, or planted forest land.
Federal land requirements for this definition also include that the harvest be in accordance with applicable law and land management
plans and be done in quantities and through practices that maintain or contribute to the restoration of ecological sustainability. The
harvest can include (i) slash; and (i ) brush and trees that are byproducts of ecological restoration, disease or insect infestation
control, or hazardous fuels reduction treatments. The harvest must not exceed the minimum size standards for sawtimber and must
be from stands killed by an insect or disease epidemic or a natural disaster and that do not meet the utilization standards for
sawtimber.
The agricultural component includes other nonhazardous organic materials: crops, crop byproducts, and crop residues from non-
forested non-federal or Indian land that is cropland (including fallow land) or pastureland. The definition also includes: animal waste
and animal byproducts; food waste; and algae.
The term nonhazardous is included in the biomass definition in the EPAct05 and in the IRS tax code definition for open loop biomass
(Title 26 Subtitle A Chapter 1 Subchapter A Part IV Subpart D §45(c)(3)).
CRS-14
No. Bill
Comments
Advocates for this definition include groups who seek to use the potential y substantial volumes of waste woody biomass from
federal lands and other forested lands as a source of renewable energy. Opponents include groups who oppose disturbance of
forested land and federal land, and are concerned that incentives for using wood waste encourage activities that disturb forest lands,
possibly damaging important wildlife habitats and water quality. While the definition may be narrower and more limiting in some ways
than the definitions in ACES and the 2008 farm bill, it also may provide more possibilities for accessing federal and other forest lands
for biomass energy production.
5 S.
1733
Definition associated with this section in the bill: Offsets (S. 1733, Title VII, Part D).
Title VII
The forestry component of the definition includes:
Section 700
•
Trees, brush, slash, residues, or any other vegetative matter removed from within 600 feet of any building, campground, or
route designated for evacuation by a public official with responsibility for emergency preparedness, or from within 300 feet of a
paved road, electric transmission line, utility tower, or water supply line.
•
Residues from or byproducts of milled logs.
•
Any of the following materials removed from forested land that is not federal and is not high conservation priority land:
—Trees, brush, slash, residues, interplanted energy crops, or any other vegetative matter removed from an actively
managed tree plantation established prior to January 1, 2009; or on land that, as of January 1, 2009, was cultivated or fal ow
and non-forested.
—Trees, logging residue, thinnings, cull trees, pulpwood, and brush removed from natural y regenerated forests or other
non-plantation forests, including for the purposes of hazardous fuel reduction or preventative treatment for reducing or
containing insect or disease infestation.
—Logging residue, thinnings, cul trees, pulpwood, brush, and species that are non-native and noxious, from stands that
were planted and managed after January 1, 2009, to restore or maintain native forest types.
—Dead or severely damaged trees removed within 5 years of fire, blowdown, or other natural disaster, and badly infested
trees.
•
Materials, pre-commercial thinnings, or removed invasive species from National Forest System land and public lands (as defined
in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702)), including those that are byproducts of
preventive treatments (such as trees, wood, brush, thinnings, chips, and slash), that are removed as part of a federal y recognized
timber sale, or that are removed to reduce hazardous fuels, to reduce or contain disease or insect infestation, or to restore
ecosystem health, and that are not from components of the National Wilderness Preservation System, Wilderness Study Areas,
Inventoried Roadless Areas, old growth or mature forest stands, components of the National Landscape Conservation System,
National Monuments, National Conservation Areas, Designated Primitive Areas; or Wild and Scenic Rivers corridors; harvested
in environmental y sustainable quantities, as determined by the appropriate Federal land manager; and are harvested in
accordance with Federal and State law, and applicable land management plans.
The definition excludes lands in the National Wilderness Preservation System, Wilderness Study Areas, Inventoried Roadless Areas,
old growth or mature forest stands, components of the National Landscape Conservation System, National Monuments, National
Conservation Areas, Designated Primitive Areas; or Wild and Scenic Rivers corridors. These ineligible lands were originally in the
Healthy Forests Restoration Act of 2003 (P.L. 108-148). The definition includes “harvested in environmental y sustainable quantities.”
CRS-15
No. Bill
Comments
The agricultural component includes plant material including waste material, harvested or collected from actively managed
agricultural land that was in cultivation, cleared, or fal ow and nonforested on January 1, 2009; plant material including waste material,
harvested or col ected from pastureland that was nonforested on January 1, 2009; Nonhazardous vegetative matter derived from
waste, including separated yardwaste, landscape right-of-way trimmings, construction and demolition debris, or food waste (but not
municipal solid waste, recyclable wastepaper, painted, treated or pressurized wood, or wood contaminated with plastic or metals).
The definition also includes: animal waste and animal byproducts (including products of animal waste digesters); and algae.
The renewable biomass definition contained in S. 1733 differs from other proposed definitions in that it introduces an eligibility date
(January 1, 2009). The inclusion of a date may preclude obtaining financial or technical assistance, or offset credit if biomass was
planted, harvested, collected, removed, managed, or cultivated prior to the eligibility date. The forestry component of the renewable
biomass definition listed in S. 1733 is identical to the forestry component of the definition contained in ACES. Advocates for the
biomass definition contained in S. 1733 include groups pursuing the use of large amounts of waste woody biomass from federal lands
and other forested lands as a source of renewable energy. Opponents include groups who are opposed for environmental reasons to
disturbing federal and forested land. Other opponents include groups that seek to use plant or woody materials established prior to
January 1, 2009, for energy purposes.
6
American Power Act
Definition associated with this section in the bill: Offsets (Title VII, Part E).
(Discussion Draft)
The forestry component of the definition is nearly identical to the forestry component listed under ACES, Title I, Subtitle A, Section
Title VII Section 700
101 (see definition 1 above), with the fol owing two exceptions:
•
Land management plans define an old growth stand and late-successional stands.
The definition excludes lands in the National Wilderness Preservation System, Wilderness Study Areas, Inventoried Roadless
Areas, old-growth stands (as defined by the applicable land management plan), late-successional stands, except for dead, severely
damaged, or badly infested trees (as defined by the applicable land management plan), components of the National Landscape
Conservation System, National Monuments, National Conservation Areas, Designated Primitive Areas, or Wild and Scenic
Rivers corridors. These ineligible lands were originally in the Healthy Forests Restoration Act of 2003 (P.L. 108-148).
•
The definition does not specifical y identify harvesting in accordance with federal and state law.
The materials, pre-commercial thinnings, or invasive species must be harvested in environmentally sustainable quantities, as
determined by the federal land manager; and in accordance with applicable law and land management plans.
The agricultural component of the renewable biomass definition is identical to the agriculture component listed under ACES, Title I,
Subtitle A, Section 101 (see definition 1 above).
7
American Power Act
Excess biomass definition associated with this section in the bill: Enhanced soil sequestration (Title VII, Subtitle C, Part II).
(Discussion Draft)
Excess biomass is any plant matter targeted for removal from public land to promote ecosystem health including trees or tree waste
Title VII Section 2214
on public land; wood and wood wastes and residues; and weedy plants and grasses (including aquatic, noxious, or invasive plants).
The American Power Act (discussion draft) definition for renewable biomass is similar to the definition contained in H.R. 2454, with
two exceptions. The first is the use of land management plans to define both an old growth stand and a late-successional stand. The
second exception is that the forestry component of the definition does not specifically identify harvesting in accordance with federal
and state law. The American Power Act discussion draft introduces a second biomass term—excess biomass—for the enhanced soil
sequestration provision in the bill. Excess biomass may contain material removed from public land to promote ecosystem health.
CRS-16
Biomass: Comparison of Definitions in Legislation
Author Contact Information
Kelsi Bracmort
Specialist in Agricultural Conservation and Natural
Resources Policy
kbracmort@crs.loc.gov, 7-7283
Acknowledgments
Ross Gorte, retired CRS Specialist in Natural Resources Policy, made important contributions to this
report.
Congressional Research Service
17