Biofuels Provisions in the Energy Independence and Security Act of 2007 (P.L. 110-140), H.R. 3221, and H.R. 6: A Side-by-Side Comparison

Biofuels Provisions in the Energy Independence and Security Act of 2007 (P.L. 110-140), H.R. 3221, and H.R. 6: A Side-by-Side Comparison

Order Code RL34136
Biofuels Provisions in the
Energy Independence and Security Act of 2007
(P.L. 110-140), H.R. 3221, and H.R. 6:
A Side-by-Side Comparison
Updated January 17, 2008
Brent D. Yacobucci
Specialist in Energy and Environmental Policy
Resources, Science, and Industry Division

Biofuels Provisions in the
Energy Independence and Security Act of 2007
(P.L. 110-140), H.R. 3221, and H.R. 6:
A Side-by-Side Comparison
Summary
On December 19, 2007, President Bush signed the Energy Independence and
Security Act of 2007 (EISA; P.L. 110-140, H.R. 6). This report provides a side-by-
side comparison of biofuels-related provisions in the new energy law with provisions
in the House- and Senate-passed energy bills, H.R. 3221 and H.R. 6. The House
approved H.R. 3221 (the New Direction for Energy Independence, National Security,
and Consumer Protection Act and the Renewable Energy and Energy Conservation
Tax Act of 2007) on August 4, 2007. The Senate approved its version of H.R. 6 (the
Renewable Fuels, Consumer Protection, and Energy Efficiency Act of 2007) on June
21, 2007. Both bills cover a wide range of energy topics with extensive attention to
biofuels, including ethanol and biodiesel.
Key biofuels-related provisions of the final legislation and House and Senate
bills include
! a major expansion of the renewable fuel standard (RFS) established
in the Energy Policy Act of 2005 (P.L. 109-58) (new law, Senate
bill);
! expansion and/or modification of tax credits for alternative fuel
refueling infrastructure, and for ethanol and renewable diesel fuels
(House bill);
! grants and loan guarantees for biofuels research, development,
deployment, and production (all three versions);
! studies of the potential for ethanol pipeline transportation, expanded
biofuel use, market and environmental impacts of increased biofuel
use, and the effects of biodiesel on engines (all three versions); and
! reauthorization of biofuels R&D at the U.S. Department of Energy
(DOE; all three versions) and the U.S. Department of Agriculture
(USDA; House and Senate bills).

Contents
Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Key Elements of EISA and the House and Senate Energy Bills . . . . . . . . . . . . . . 2
List of Tables
Table 1. Side-by-Side Comparison of Biofuels Provisions
in the Energy Independence and Security Act (EISA)
With H.R. 3221, H.R. 6 (Senate Version),
and Prior or Current Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

Biofuels Provisions in the
Energy Independence and Security Act of
2007 (P.L. 110-140), H.R. 3221, and H.R. 6:
A Side-by-Side Comparison
Introduction
With recent high energy prices, concerns over energy security, and the desire to
reduce air pollutant and greenhouse gas emissions, there is ongoing congressional
interest in promoting greater use of alternatives to petroleum fuels. Biofuels —
transportation fuels produced from plants and other organic materials — have
attracted particular interest. Ethanol and biodiesel, the two most widely used biofuels,
receive significant federal support in the form of tax incentives, loan and grant
programs, and regulatory programs.1 On December 19, 2007, President Bush signed
the Energy Independence and Security Act of 2007 (EISA, P.L. 110-140, H.R. 6).
An earlier energy bill, the Energy Policy Act of 2005 (EPAct 2005, P.L. 109-58)
established a renewable fuel standard (RFS). Under EPAct 2005, the RFS required
an increasing use of renewable fuel in gasoline, starting at 4.0 billion gallons in 2006,
increasing to 7.5 billion gallons in 2012. Although not an explicit ethanol mandate,
it was expected that the majority of this requirement would be met using corn-based
ethanol.2 About 4.0 billion gallons of corn ethanol were consumed in 2005, so the
RFS in EPAct 2005 represented roughly a doubling of U.S. ethanol consumption
over seven years. However, the U.S. ethanol industry was expanding rapidly,
outpacing the required growth in the RFS. As of January 14, 2007, existing U.S.
production capacity was roughly 7.6 billion gallons per year, with another 5.7 billion
gallons of capacity under construction or in the planning stages. Because this
capacity would outpace the RFS under EPAct, some proponents of corn-based
ethanol supported an increase in the mandated levels of the RFS.
Because of the rapid expansion of U.S. corn ethanol capacity, there are concerns
that the United States will soon reach the limit of ethanol that can be produced from
corn. Critics of corn-based ethanol argue that the industry does not need continued
government support, and that current corn demand for ethanol is putting a strain on
corn and other grain markets, leading to increases in other commodity prices, such
1 For more information on federal biofuels incentives, see CRS Report RL33572, Biofuels
Incentives: A Summary of Federal Programs, by Brent D. Yacobucci.
2 For more information on ethanol, see CRS Report RL33290, Fuel Ethanol: Background
and Public Policy Issues, by Brent D. Yacobucci.

CRS-2
as livestock feed, which then leads to higher dairy and meat prices.3 Critics also
argue that the environmental costs of corn-based ethanol may outweigh the benefits,
and that more emphasis should be placed on other strategies such as improved
vehicle efficiency.
Because of concerns over corn-based ethanol, as well as interest in diversifying
energy supply, there is growing interest in developing biofuels that rely on other
sources of biomass, including agricultural wastes, municipal solid waste, and
dedicated energy crops such as perennial grasses, fast-growing trees, and algae. This
interest has led to proposals to support and/or mandate biofuels produced from
feedstocks other than corn starch through explicit requirements, R&D funding, and/or
tax incentives.4 Non-corn biofuels include fuels produced from cellulosic material
(such as perennial grasses), ethanol produced from sugarcane or beets, and biodiesel
or renewable diesel produced from vegetable or animal oils.5
Title II of EISA requires a dramatic expansion of the RFS under EPAct 2005.
Instead of the 5.4 billion gallons required in 2008 by EPAct, EISA requires 9.0
billion gallons. By 2022, EISA will require 36 billion gallons of renewable fuel in
motor fuels annually, compared to an estimated 8.6 billion gallons under EPAct. Of
that, 21 billion gallons must be “advanced biofuel,” defined as biofuel produced from
feedstocks other than corn starch and having 50% lower lifecycle emissions than
petroleum fuels.
Key Elements of EISA and
the House and Senate Energy Bills
This report provides a side-by-side comparison of biofuels-related provisions
in EISA and the House- and Senate-passed energy bills, H.R. 3221 and H.R. 6,
respectively. EISA was signed by President Bush on December 19, 2007, after
passing the on House December 6, 2007, and the Senate on December 13, 2007.
H.R. 3221 (the New Direction for Energy Independence, National Security, and
Consumer Protection Act and the Renewable Energy and Energy Conservation Tax
Act of 2007) was approved by the House on August 4, 2007. The Senate approved
its version of H.R. 6 (the Renewable Fuels, Consumer Protection, and Energy
Efficiency Act of 2007) on June 21, 2007.6 EISA and the House and Senate bills
3 For more information on the issues surrounding rapid ethanol expansion, see CRS Report
RL33928, Ethanol and Biofuels: Agriculture, Infrastructure, and Market Constraints
Related to Expanded Production, by Brent D. Yacobucci and Randy Schnepf.
4 This would include using other parts of the corn plant, including the husks and the stalks,
which are high in cellulose.
5 For more information on biodiesel, see CRS Report RL32712, Agriculture-Based
Renewable Energy Production, by Randy Schnepf.
6 The House approved its version of H.R. 6 on January 18, 2007. However, this bill is a less
comprehensive bill than H.R. 3221 or the Senate version of H.R. 6. In the debate over
energy legislation, on the House side H.R. 3221 superseded the House version of H.R. 6.

CRS-3
cover a wide range of energy topics including biofuels, electricity generation, energy
efficiency, carbon capture and storage, and oil and gas royalties.7
On July 27, 2007, the House passed H.R. 2419, the 2007 “Farm Bill” (the Farm,
Nutrition, and Bioenergy Act of 2007). The Senate passed its version of H.R. 2419
on December 14, 2007. Like the 2002 Farm Bill, Title IX of the 2007 Farm Bill is
dedicated to farm-related energy issues, including biofuels. Title V of H.R. 3221
contains provisions similar or identical to provisions passed in Title IX of H.R. 2419
(but not addressed in P.L. 110-140). In addition, the Senate version of the Farm Bill
contains an additional title, Title XII, with tax provisions affecting biofuels. For
more information on these Farm Bill provisions, see CRS Report RL34130,
Renewable Energy Policy in the 2007 Farm Bill.
Table 1 contains a section-by-section comparison of the biofuels provisions in
EISA with H.R. 3221 and H.R. 6, with current or previous law. The table is
organized in the same order as EISA, followed by non-comparable House and Senate
bill sections. Key provisions of the bills include
! a major expansion of the RFS established in the Energy Policy Act
of 2005 (P.L. 109-58) (EISA, Senate bill);
! expansion and/or modification of tax credits for alternative fuel
refueling infrastructure, and for ethanol and renewable diesel fuels
(House bill);
! grants and/or loan guarantees for biofuels research, development,
deployment, and production (all three versions);
! studies of the potential for ethanol pipeline transportation, expanded
biofuel use, market and environmental impacts of increased biofuel
use, and the effects of biodiesel on engines (all three versions; and
! reauthorization of biofuels R&D at the U.S. Department of Energy
(DOE; all three versions) and the U.S. Department of Agriculture
(USDA; House bill and Senate bill).
7 For more information on P.L. 110-140, see CRS Report RL34294, Energy Independence
and Security Act of 2007: A Summary of Major Provisions.

CRS-4
Table 1. Side-by-Side Comparison of Biofuels Provisions in the Energy Independence and Security Act (EISA)
With H.R. 3221, H.R. 6 (Senate Version), and Prior or Current Law
Topic
EISA (P.L. 110-140)
H.R. 3221
H.R. 6 (Senate Version)
Prior/Current Law
Notes
P.L. 110-140, Title I — Energy Security Through Improved Fuel Economy
Consumer Information
The Secretary of
The Secretary of
No comparable provision.
No provision.
Transportation is required to
Transportation is required
carry out an educational
to carry out an educational
program to inform consumers
program to inform
about the fuel savings and
consumers about flexible
emissions benefits of new
fuel vehicles, including
vehicles, including the benefits
which existing vehicles may
from the use of alternative
be fueled on E85 (a blend
fuels.
of 85% ethanol and 15%
[Sec. 105]
gasoline).
[Sec. 9309]
Fuel Tank Labeling
Requires the Secretary of
No comparable provision.
Beginning in model year
No provision.
Requirement
Transportation to issue a final
2010, would require that the
rule by June 2011 requiring
fuel tank cap of an
automakers to clearly label the
alternative fuel vehicle be
fuel compartment of alternative
clearly labeled as such.
fuel vehicles with the form of
[Sec. 129]
alternative fuel stated on the
label.
[Sec. 105]

CRS-5
Topic
EISA (P.L. 110-140)
H.R. 3221
H.R. 6 (Senate Version)
Prior/Current Law
Notes
Extension of Flexible Fuel
Amends the Corporate Average
Amends CAFE program to
No comparable provision.
Under CAFE,
Expanding the
Vehicle Credit Program /
Fuel Economy (CAFE)
allow vehicles capable of
automakers may
definition of
Biodiesel as Alternative fuel
program to extend alternative
operating on B20 to be
generate credits toward
alternative fuel
for CAFE Purposes
fuel vehicle credits through
treated as vehicles eligible
their compliance for the
vehicle to
model year 2019, at a declining
for CAFE credits.
production and sale of
include B20
rate. Also allows vehicles
[Sec. 9317]
alternative fuel vehicles,
could make all
capable of operating on B20 (a
as defined in law. These
diesel passenger
blend of 20% biodiesel and
provisions were set to
cars and light
80% petroleum diesel) to be
expire after model year
trucks eligible
treated as vehicles eligible for
2014. Currently, B20
for credits under
CAFE credits.
vehicles are not
CAFE.
[Sec. 109]
considered alternative
Currently, some
fuel vehicles.
diesel passenger
[49 U.S.C. 32901 et
vehicles are
seq.]
warrantied to
run on B5, but
there seem to be
few technical
barriers to
making some or
all new diesel
vehicles B20-
capable.

CRS-6
Topic
EISA (P.L. 110-140)
H.R. 3221
H.R. 6 (Senate Version)
Prior/Current Law
Notes
P.L. 110-140, Title II — Energy Security Through Increased Production of Biofuels
Renewable Fuel Standard
Amends the renewable fuel
No comparable provision.
Amends the RFS to include
The Energy Policy Act
Under, P.L. 109-
standard (RFS) established in
all motor fuel, as well as
of 2005 established an
58, the RFS for
P.L. 109-58 to include all
heating oil. Expands the
RFS which requires the
2008 would
transportation fuels (except for
mandate to 13.2 billion
use of an increasing
have been 5.4
fuels used in ocean-going
gallons in 2012 and 36
amount of renewable
billion gallons
vessels). Expands the existing
billion gallons in 2022.
fuels in gasoline. The
(compared to 9.0
requirement to 9.0 billion
Starting in 2016, requires an
mandate increases from
billion gallons in
gallons in 2008, increasing to
increasing amount of the
4.0 billion gallons in
EISA). For
36 billion gallons in 2022.
above mandate to be met
2006 to 7.5 billion
2022, P.L. 109-
Requires renewable fuels
using “advanced biofuels,”
gallons in 2012.
58 would have
produced at new facilities to
defined as biofuels derived
Starting in 2013, the
required an
have at least 20% lower
from feedstocks other than
proportion of renewable
estimated 8.6
lifecycle greenhouse gas
corn starch. The bill would
fuel to gasoline must
billion gallons
(GHG) emissions than
require 3 billion gallons of
equal or exceed the
(as opposed to
petroleum fuels. Starting in
advanced biofuel in 2016,
proportion in 2012.
36 billion
2009, requires an increasing
increasing to 21 billion
Starting in 2013, of the
gallons in
amount of the above mandate
gallons in 2022. Renewable
amount mandated
EISA).
be met using “advanced
fuels produced in facilities
above, at least 250
biofuels” defined as biofuels
that commence operation
million gallons must be
derived from feedstocks other
after enactment must
fuel derived from
than corn starch with 50%
achieve at least a 20%
cellulosic material.
lower lifecycle GHG
reduction in lifecycle
[P.L. 109-58, Sec. 1501]
emissions. By 2022, requires
greenhouse gas emissions
21 billion gallons of advanced
relative to gasoline.
biofuel. Of the advanced
[Sec. 111]
biofuel mandate, there are
specific carve-outs for
cellulosic fuels and biomass-
derived diesel substitutes.
[Sec. 202]

CRS-7
Topic
EISA (P.L. 110-140)
H.R. 3221
H.R. 6 (Senate Version)
Prior/Current Law
Notes
Study of Impact of
The Secretary of Energy, in
The Secretary of Energy, in
The EPA Administrator is
The EPA Administrator
See also Sec.
Renewable Fuel Standard
consultation with the Secretary
consultation with the EPA
required to enter into an
must publish a draft
14002 of H.R.
of Agriculture and the
Administrator, the
agreement with the National
analysis of the effects of
3221, which
Administrator of the
Administrator of the Energy
Academy of Sciences to
the fuels provisions in
would require
Environmental Protection
Information Administration
study the effects on the
P.L. 109-58 on air
the Secretary of
Agency (EPA), is required to
(EIA), and the Secretary of
environment from increased
pollutant emissions and
the Treasury to
enter into an agreement with
Agriculture, is required to
renewable fuel use. Study
air quality. [P.L. 109-58,
study related
the National Academy of
study and assess the impact
elements include the effects
Sec. 1507]
topics.
Sciences (NAS) to study the
of renewable fuels on the
on air and water quality,
impacts of the RFS on
U.S. economy. Study
land use patterns,
The EPA Administrator
industries related to feed
elements include the effects
deforestation, greenhouse
is required to conduct a
grains, livestock, food, forest
on energy security, air and
gas emissions, habitat, and
survey to determine the
products, and energy. The
water quality,
the long-term capacity of
market share of gasoline
NAS study must: assess the
infrastructure, job creation,
the United States to produce
containing ethanol and
likely effects on domestic
and agricultural commodity
biomass feedstocks. The
other renewable fuels.
animal agriculture and policy
markets. The Secretary
Administrator must submit
[P.L. 109-58, Sec.
options to alleviate negative
must report within two
two reports: 1) within three
1501(c)]
effects; identify agricultural
years of enactment and
years of enactment; and 2)
conditions that would warrant a
update the report every
by December 31, 2015.
DOE is required to
waiver of the RFS
three years thereafter.
[Sec. 162]
collect and publish
requirements; and make
[Sec. 9314]
monthly survey data on
recommendations to limit
the production,
adverse economic impacts
blending, importing,
from the RFS.
demand, and price of
[Sec. 203]
renewable fuels, both on
a national and regional
basis. [P.L. 109-58, Sec.
1508]

CRS-8
Topic
EISA (P.L. 110-140)
H.R. 3221
H.R. 6 (Senate Version)
Prior/Current Law
Notes
Environmental and
The EPA Administrator, in
No comparable provision.
No comparable provision.
No provision.
Resource Conservation
consultation with the
Impacts
Secretaries of Agriculture and
Energy, must study the impacts
of the RFS on environmental
issues, resource conservation
issues, and invasive or noxious
species.
[Sec. 204]
Biomass Based Diesel and
The Federal Trade Commission
No comparable provision.
Requires the President to
No provision.
Biodiesel Labeling
is required to promulgate rules
promulgate rules for the
requiring diesel retailers to
uniform labeling of
label their pumps with the
biodiesel blends that meet
percentage of biomass-based
ASTM standards. [Sec.
diesel or biodiesel that is
130(b)]
offered for sale. [Sec. 205]
Study of Credits for Use of
The EPA Administrator is
No comparable provision.
Under Sec. 111of H.R. 6, a
Under the existing RFS,
Renewable Electricity in
required to study the feasibility
gallon of advanced biofuel
cellulosic biofuels are
Electric Vehicles /
of issuing credits under the
is considered equal to a
eligible for additional
Production of Renewable
RFS for electric vehicles
gallon of conventional
credits under the
Fuel Using Renewable
powered by electricity from
biofuel. This section grants
mandate. A gallon of
Energy
renewable resources. Within
the President the authority
cellulosic biofuel is
180 days of enactment, EPA
to give additional credits
considered equal to 2.5
must report to Congress on the
under the program to
gallons of ethanol. For
findings of the study.
biofuels produced at
this section, “cellulosic
[Sec. 206]
facilities that use biomass to
biofuels” includes both
displace fossil energy.
biofuels produced from
[Sec. 112]
cellulose and biofuels
produced from sugars or
starches if biomass is
used to displace fossil
energy in the refining of
the fuel. [P.L. 109-58,
Sec. 1501]

CRS-9
Topic
EISA (P.L. 110-140)
H.R. 3221
H.R. 6 (Senate Version)
Prior/Current Law
Notes
Grants for Production of
Requires the Secretary of
No comparable provision.
Requires the Secretary of
No provision.
Advanced
Advanced Biofuels
Energy to establish a grant
Energy to establish a grant
biofuels are
program for the production of
program for the production
biofuels
advanced biofuels that have at
of advanced biofuels that
produced from
least an 80% reduction in
have at least a 50%
feedstocks other
lifecycle greenhouse gas
reduction in lifecycle
than corn starch.
emissions relative to current
greenhouse gas emissions
(See Sec. 202 of
fuels. Authorizes a total of
relative to current fuels.
EISA.)
$500 million for FY2008-
Authorizes a total of $500
FY2015.
million for FY2008-
[Sec. 207]
FY2015.
[Sec. 161]
Integrated Consideration of
Expands EPA’s authority to
No comparable provision.
Substantially similar to
Section 211(c) of the
Water Quality in
control engines, vehicles, fuels,
EISA.
Clean Air Act allows the
Determinations on Fuels and
and fuel additives under Sec.
[Sec. 163]
EPA Administrator to
Fuel Additives
211(c) of the Clean Air Act to
control or prohibit the
include effects on water
production and/or sale
pollution.
of any engine, vehicle,
[Sec. 208]
fuel, or fuel additive that
causes or contributes to
air pollution “that may
be reasonably
anticipated to endanger
the public health or
welfare.”
[42 U.S.C. 7545(c)]
Anti-Backsliding
Requires the EPA
No comparable provision.
Substantially similar to
No current provision.
Administrator to study the
EISA.
potential adverse effects to air
[Sec. 164]
quality from the expanded
RFS, and to promulgate
regulations to mitigate those
effects.
[Sec. 209]

CRS-10
Topic
EISA (P.L. 110-140)
H.R. 3221
H.R. 6 (Senate Version)
Prior/Current Law
Notes
Effective Date, Savings
For 2008 and 2009, any
No comparable provision.
No comparable provision.
No provision.
Provision, and Transition
ethanol plant powered by
Rules
natural gas, biomass, or a
combination of the two is
treated as having a 20%
reduction in lifecycle
greenhouse gas emissions (See
Sec. 202). For 2008, all
current EPA regulations on the
RFS apply, except for the
increase in the volume
mandated by Sec. 202.
[Sec. 210]
Biodiesel Report
Requires the Secretary of
Requires the Secretary of to
Similar provision, but
No provision.
Currently,
Energy to report to Congress
report to Congress on the
would require a study of the
biodiesel
on the R&D challenges to
R&D challenges to
challenges of expanding
represents less
expanding biodiesel use (to an
expanding biodiesel use to
biodiesel use to 5% of total
than 1% of total
unspecified level)
2.5% of total diesel fuel use
diesel fuel use.
diesel
[Sec. 221]
by volume.
[Sec. 130(a)]
consumption.
[Sec. 4404]
Biogas Report
Requires the Secretary of
Requires the Secretary of to
No comparable provision.
No provision.
Energy to report to Congress
report to Congress on the
on the R&D challenges to
R&D challenges to
expanding biogas and
expanding biogas and
biogas/natural gas blends (to an
biogas/natural gas blends to
unspecified level).
5% of fuel use.
[Sec. 222]
[Sec. 4405]

CRS-11
Topic
EISA (P.L. 110-140)
H.R. 3221
H.R. 6 (Senate Version)
Prior/Current Law
Notes
Grants for Biofuel
Authorizes $25 million
Substantially similar to
Similar to EISA. [Sec. 125]
The Secretary of Energy
The funding
Production and R&D in
annually for FY2008-FY2010
EISA.
is authorized $25
authorized
Certain States
for R&D and commercial
[Sec. 4407]
million annually for
would be in
application of biofuel
FY2006-FY2010 for
addition to
production in states with low
R&D and
amounts in
rates of ethanol and cellulosic
implementation of
current law.
ethanol production (this could
renewable fuel
Language
in effect apply to all states).
production technologies
substantially
[Sec. 223]
in states with low rates
similar to these
of ethanol production
bill sections is
that are under the federal
also in Sec. 9315
reformulated gasoline
of H.R. 3221(see
(RFG) program.
below).
[P.L. 109-58, Sec.
1511(d)]
Biorefinery Energy
Amends Sec. 932 of P.L. 109-
Identical to EISA.
No comparable provision.
The Secretary of Energy
Efficiency
58 to include research on
[Sec. 4408]
is directed to conduct
energy efficiency at
research on commercial
biorefineries and on technology
applications of biomass
to convert existing corn-based
and bioenergy. [P.L.
ethanol plants to process
109-58, Sec. 932]
cellulosic materials.
[Sec. 224]
Study of Optimization of
The Secretary of Energy is
Similar provision.
Similar provision.
No provision.
Current FFVs
Flexible Fueled Vehicles to
directed to study whether
[Sec. 4410]
[Sec. 144]
are optimized to
use E-85 Fuel
optimizing flexible fuel
run on gasoline,
vehicles (FFVs) to run on E85
since that tends
would increase their fuel
to be their
efficiency.
primary fuel.
[Sec. 225]

CRS-12
Topic
EISA (P.L. 110-140)
H.R. 3221
H.R. 6 (Senate Version)
Prior/Current Law
Notes
Study of Engine Durability
The Secretary of Energy, in
Similar to EISA.
Similar provision, except
No provision.
and Performance Associated
consultation with the EPA
[Sec. 4411]
that the Secretary is
with the Use of Biodiesel
Administrator, is directed to
required to study only the
study the effects of various
effects on engine durability
biodiesel/diesel blends on
but not performance.
engine performance and
[Sec. 146]
durability.
[Sec. 226]
Study of Optimization of
The Secretary of Energy is
Similar provision.
No comparable provision.
No provision.
Biogas Used in Natural Gas
directed to study the potential
[Sec. 4414]
Vehicles
for optimizing natural gas
vehicles to run on biogas
(methane produced from
biological feedstocks).
[Sec. 227]
Algal Biomass
The Secretary is required to
Substantially similar to
No comparable provision.
Various statutes promote
report to Congress on progress
EISA.
biofuels R&D, including
toward developing algae as a
[Sec. 4416]
the development of
feedstock for biofuel
biofuels from algae, at
production.
the Department of
[Sec. 228]
Energy.
Biofuels and Biorefinery
Directs the Secretary of Energy
Similar provision, but
Similar provision, but
No provision.
Information Center
to establish a technology
topics covered vary.
topics covered vary.
transfer center to provide
[Sec. 4402]
[Sec. 127]
information on biofuels and
biorefineries.
[Sec. 229]

CRS-13
Topic
EISA (P.L. 110-140)
H.R. 3221
H.R. 6 (Senate Version)
Prior/Current Law
Notes
Cellulosic Ethanol and
Authorizes the Secretary of
Similar provision.
No comparable provision.
No provision.
Biofuels Research
Energy to provide biofuels
[Sec. 9312]
R&D grants to 10 institutions
from land-grant colleges,
Historically Black Colleges or
Universities, tribal serving
institutions, or Hispanic
serving institutions. $50
million for FY2008 is
authorized to be appropriated,
to be available until expended.
[Sec. 230]
Bioenergy R&D -
Amends Sec. 931 of P.L. 109-
Substantially similar to
Amends Sec. 931 of P.L.
The Secretary of Energy
Funding for
Authorization of
58 to authorize a total of $1.2
EISA.
109-58 to authorize a total
is directed to conduct
related biomass
Appropriation
billion for FY2008-FY2010 for
[Sec. 4412]
of $775 million for
R&D on biomass,
research through
R&D on biomass, bioenergy,
FY2008-FY2009.
bioenergy, and
the Department
and bioproducts.
[Sec. 122]
bioproducts. A total of
of Agriculture is
[Sec. 231]
$525 million is
contained in Sec.
authorized for FY2008-
5007 of H.R.
FY2009. [P.L. 109-58,
3221.
Sec. 931(c)]
Environmental Research
DOE is required to expand the
Substantially similar to
No comparable provision.
DOE is required to
See also Sec.
and Development
biological R&D program
EISA.
establish a program of
233 of EISA
established in Sec. 977 of P.L.
[Sec. 4413(a)]
research, development,
(below).
109-58 to include
and demonstration in
environmental effects, potential
microbial and plant
for greenhouse gas reductions,
systems biology, protein
and the potential for more
science, and
sustainable agriculture.
computational biology.
[Sec. 232(a)]
Biomedical research and
research related to
humans are not
permitted as part of the
program. [P.L. 109-58,
Sec. 977]

CRS-14
Topic
EISA (P.L. 110-140)
H.R. 3221
H.R. 6 (Senate Version)
Prior/Current Law
Notes
Lifecycle Analysis Tools for
The Secretary of Energy is
Similar provision to EISA.
Similar provision, but the
No provision.
Evaluating the Energy
required to study and develop
[Sec. 4413(b)]
study is required to cover
Consumption and
tools for evaluating the
only greenhouse gas
Greenhouse Gas Emissions
lifecycle energy consumption
emissions but not energy
from Biofuels
and greenhouse gas emissions
consumption.
from biofuels.
[Sec. 148]
[Sec. 232(b)]
Small-Scale Production and
Amends the Biofuels Research
The Secretary of Energy is
No comparable provision.
The Biomass Research
Use of Biofuels
and Development Act of 2000
required to establish a R&D
and Development Act of
to require the Secretary of
program to facilitate small-
2000 (reauthorized by
Agriculture to establish a R&D
scale production and local
the 2002 Farm Bill)
program to facilitate small-
and on-farm use of biofuels.
provides competitive
scale production and local and
[Sec. 4413(c)]
funding for R&D and
on-farm use of biofuels.
demonstration projects
[Sec. 232(c)]
on biofuels and
bio-based chemicals and
products, administered
jointly by USDA and
DOE. [P.L. 107-171,
Sec. 9008]
Bioenergy Research Centers
Requires the establishment of
Similar to EISA, but would
Similar to EISA, but would
The Department of
See also Sec.
at least seven research centers
require the establishment of
require the establishment of
Energy (DOE) is
232 of EISA
that focus on bioenergy to be
at least five bioresearch
at least 11 bioresearch
required to establish a
(above), which
included in the R&D program
centers focused on biofuels.
centers focused on biofuels.
program of R&D and
expands the
established in Sec. 977 of P.L.
[Sec. 4406]
demonstration of
topics covered
109-58.
[Sec. 123]
microbial and plant
by the program.
[Sec. 233]
systems biology, protein
science, and
computational biology.
Biomedical research and
research related to
humans are not
permitted as part of the
program. [P.L. 109-58,
Sec. 977]

CRS-15
Topic
EISA (P.L. 110-140)
H.R. 3221
H.R. 6 (Senate Version)
Prior/Current Law
Notes
University Based Research
Requires the Secretary of
Identical to EISA.
No comparable provision.
No provision.
and Development Grant
Energy to establish a program
[Sec. 4417]
Program
of competitive grants to
institutions of higher education
for research on renewable
energy technologies. Each
grant may not exceed $2
million. A total of $25 million
is authorized for the program.
[Sec. 234]
Prohibition on Franchise
Amends the Petroleum
Identical to EISA.
No comparable provision.
No current provision.
Agreement Restrictions
Marketing Practices Act (15
[Sec. 9302]
Related to Renewable Fuel
U.S.C. 2801 et seq.) to make it
Infrastructure
unlawful for a franchiser to
prohibit a franchisee from
installing E85 or B20 tanks and
pumps within the franchise
agreement.
[Sec. 241]
Renewable Fuel Dispenser
The Secretary of Energy is
Identical to EISA.
No comparable provision.
No provision.
Requirements
required to report to Congress
[Sec. 9303]
on the market penetration of
flexible fuel vehicles and on
the feasibility of requiring fuel
retailers to install E85
infrastructure.
[Sec. 242]

CRS-16
Topic
EISA (P.L. 110-140)
H.R. 3221
H.R. 6 (Senate Version)
Prior/Current Law
Notes
Ethanol Pipeline Feasibility
The Secretary of Energy, in
Similar to EISA, except that
Similar to EISA, except that
No provision.
Ethanol is
Study
consultation with the Secretary
no new funds are
the Secretary of Energy
currently
of Transportation, is required
authorized.
must consult with the
transported by
to report on the feasibility of
[Sec. 9304]
Secretary of Agriculture, as
rail, truck, or
constructing dedicated ethanol
well. No new funds are
barge to gasoline
pipelines. $1 million is
authorized.
pipeline
authorized annually for
[Sec. 143]
terminals for
FY2008 and FY2009.
blending into
[Sec. 243]
gasoline.
Renewable Fuel
Directs the Secretary of Energy
Establishes a grant program
Directs the Secretary of
No provision.
Infrastructure Grants
to provide grants for
for the installation of
Energy to provide grants for
conversion assistance,
refueling infrastructure for
pilot programs to expand
technical and marketing
E85 and B20 (20%
infrastructure for
assistance, and pilot programs
biodiesel, 80% conventional
ethanol/gasoline blends of
to expand infrastructure for
diesel) fuels. Authorizes
between 11% and 84%
ethanol/gasoline blends of
$200 million annually for
ethanol, and renewable
between 11% and 84% ethanol,
FY2008-FY2014. “Large,
fuel/diesel fuel blends of at
and renewable fuel/diesel fuel
vertically integrated oil
least 10% renewable diesel.
blends of at least 10%
companies” are ineligible
$200 million is authorized
renewable diesel. $200 million
for funding. [Sec. 9301]
to be available until
is authorized annually for
expended. [Sec. 121]
FY2008-FY2014.
[Sec. 244]
Study of the Adequacy of
The Secretary of Energy,
Similar provision, except
No comparable provision.
No provision.
Transportation of
jointly with the Secretary of
that the Secretary of Energy
Domestically-Produced
Transportation, is required to
must consult with the
Renewable Fuel by
report on the adequacy of
Secretary of Transportation,
Railroads and Other Modes
railroads and modes for
and the study is focused
of Transportation
transportation of domestically
solely on railroads.
produced renewable fuel.
[Sec. 9306]
[Sec. 245]

CRS-17
Topic
EISA (P.L. 110-140)
H.R. 3221
H.R. 6 (Senate Version)
Prior/Current Law
Notes
Federal Fleet Refueling
Requires the head of each
Similar to EISA, except that
No comparable provision.
No provision.
Centers
federal agency to install at least
no exemption is given for
one renewable fuel pump at
the Department of Defense.
each federal fleet refueling
[Sec. 9313]
center by January 1, 2010.
Further, the President is
required to report each October
31 on progress toward meeting
this requirement. The
requirement does not apply to
Department of Defense fueling
centers with less than 100,000
gallons in annual fuel turnover.
[Sec. 246]
Standard Specifications for
If ASTM International
If ASTM International
The President is required to
No provision.
Biodiesel
(originally the American
(originally the American
promulgate rules to ensure
Society for Testing and
Society for Testing and
that renewable diesel fuel
Materials) has not adopted
Materials) has not adopted a
substitutes comply with
standards for B5 and B20
standard for B20 within one
applicable ASTM
within one year of enactment,
year of enactment, the
standards. Authorizes $3
the EPA Administrator is
Administrator of the
million annually for
required to do so. No new
Environmental Protection
FY2008-FY2010. [Sec.
funding is authorized. [Sec.
Agency (EPA) is required
130(c)]
247]
to do so. No new funding is
authorized. [Sec. 9307]
Biofuels Distribution and
Directs the Secretary of Energy
Similar provision to EISA.
No comparable provision.
No provision.
Advanced Fuels
to conduct an R&D program on
[Sec. 4403]
Infrastructure
the effects of biofuels on
existing transportation fuel
distribution systems.
[Sec. 248]

CRS-18
Topic
EISA (P.L. 110-140)
H.R. 3221
H.R. 6 (Senate Version)
Prior/Current Law
Notes
Waiver for Fuel or Fuel
Prohibits the introduction of
Similar provision to EISA.
No comparable provision.
Under Sec. 211(f) of the
Currently,
Additives
new renewable fuels or
[Sec. 9310]
Clean Air Act, no new
inaction by EPA
renewable fuel additives unless
fuels or fuel additives
allows a fuel to
EPA explicitly grants a waiver
may be introduced into
receive the
under Sec. 211(f) of the Clean
commerce unless
waiver. Under
Air Act. EPA is required to
granted a waiver by
H.R. 3221, no
take final action within 270
EPA. If EPA has not
waiver would be
days of receipt of the waiver
acted within 180 days of
granted without
request.
receipt of a waiver
explicit approval
[Sec. 251]
request, the waiver is
by EPA.
treated as granted. [42
U.S.C. 7545(f)]
P.L. 110-140, Title V — Energy Savings in Government and Public Institutions
Capitol Complex E-85
The Architect of the Capitol is
Similar to EISA, except
No comparable provision.
No provision.
Refueling Station
authorized to install an E85
that no new funds are
tank and pumping system on or
authorized.
near the Capitol Grounds Fuel
[Sec. 8652]
Station. $640,000 is authorized
for FY2008.
[Sec. 502]
Procurement and
Federal agencies are prohibited
No comparable provision.
No comparable provision.
No provision.
Acquisition of Alternative
from procuring alternative or
Fuels
synthetic transportation fuels if
the lifecycle emissions exceed
those of petroleum-based fuels.
[Sec. 526]

CRS-19
Topic
EISA (P.L. 110-140)
H.R. 3221
H.R. 6 (Senate Version)
Prior/Current Law
Notes
P.L. 110-140, Title VIII — Improved Management of Energy Policy
Sense of Congress Relating
Expresses the Sense of the
No comparable provision.
Identical to EISA.
No provision.
to the Use of Renewable
Congress that renewable
[Sec. 113]
Resources to Generate
resources from agriculture and
Energy
forestry should provide at least
25% of all U.S. energy needs
by 2025.
[Sec. 806]
H.R. 3221, Title IV — Science and Technology
Study of Increased
No comparable provision.
The Secretary of Energy is
Similar provision.
No current provision.
A similar
Consumption of Ethanol-
directed to study the
[Sec. 142]
provision is
Blended Gasoline with
potential for using
contained in Sec.
Higher Levels of Ethanol
ethanol/gasoline blends in
9305 of H.R.
the range of 10% to 40%
3221 for a study
ethanol. Currently, only up
of increasing
to 10% ethanol is permitted
gasoline ethanol
by federal regulations and
content above
warrantied by automakers
10% (see
for conventional vehicles.
below).
[Sec. 4409]
Standards for Biofuels
No comparable provision.
If “appropriate private
No comparable provision.
No current provision.
Dispensers
standards” for biofuels
dispensers have not been
developed by the date of
enactment, the Secretary of
Energy is required to
develop such standards to
promote broader biofuel
use. [Sec. 4415]

CRS-20
Topic
EISA (P.L. 110-140)
H.R. 3221
H.R. 6 (Senate Version)
Prior/Current Law
Notes
H.R. 3221, Title V — Agriculture Energy [related language to this title also appears in H.R. 2419, the 2007 Farm Bill, as passed by the House]
Federal Procurement of
No comparable provision.
Amends definitions and
No comparable provision.
Under the 2002 Farm
Related
Biobased Products
procedures for determining
Bill, federal agencies are
language to H.R.
eligible products under the
currently required to
3221 was passed
2002 Farm Bill (P.L. 107-
purchase biobased
by the House in
171) program on federal
products under certain
July as Sec.
procurement of biobased
conditions. Current law
9002 of the 2007
products. For FY2008-
authorizes a voluntary
Farm Bill (H.R.
FY2012, $2 million in
biobased labeling
2419).
annual mandatory
program. USDA
Commodity Credit
regulations define
Corporation (CCC) funding
biobased products,
is authorized for product
identify biobased
testing. [Sec. 5002]
product categories, and
specify the criteria for
qualifying those
products for preferred
procurement.
Mandatory CCC funding
of $1 million is
authorized for each of
FY2002 through
FY2007 for testing
biobased products. [P.L.
107-171, Sec. 9002]

CRS-21
Topic
EISA (P.L. 110-140)
H.R. 3221
H.R. 6 (Senate Version)
Prior/Current Law
Notes
Loan Guarantees for
No comparable provision.
Extends the 2002 Farm Bill
Amends Sec. 1703 of the
Under the Energy Policy
Related
Biorefineries and Biofuel
biorefinery development
Energy Policy Act of 2005
Act of 2005, the
language to H.R.
Production Plants
program through FY2012
to allow for projects that
Department of Energy is
3221 (with
and provides new loan
produce “advanced
directed to provide loan
larger funding
guarantee authority for
biofuels” defined as
guarantees for various
authorizations)
biorefineries, with a total of
biofuels produced from
renewable energy and
was passed by
$600 million going to loans
feedstocks other than corn
low-emission energy
the House as
less than $100 million, and
starch (see H.R. 6, Sec.
projects. [P.L. 109-58,
Sec. 9003 of the
$1 billion for loans up to
111). [Sec. 124]
Sec. 1703]
2007 Farm Bill
$250 million. The loan
(H.R. 2419).
guarantee would cover 90%
The 2002 Farm Bill
of an eligible loan. Requires
authorized a grant
that construction
program to help finance
contractors and
the cost of developing
subcontractors on federally
and constructing
assisted loan guarantee
biorefineries and biofuel
projects pay their
production plants to
employees not less than the
carry out projects to
prevailing wage in the same
demonstrate the
locality under the
commercial viability of
Davis-Bacon Act. Specifies
converting biomass to
mandatory CCC funding of
fuels or chemicals.
$50 million in FY2008; $65
However, no funds have
million in FY2009; $75
been appropriated for
million in FY2010; $150
the program. [P.L. 107-
million in FY2011; and
171, Sec. 9003]
$300 million in FY2012.
[Sec. 5003]

CRS-22
Topic
EISA (P.L. 110-140)
H.R. 3221
H.R. 6 (Senate Version)
Prior/Current Law
Notes
Biodiesel Fuel Education
No comparable provision.
Extends the 2002 Farm Bill
No comparable provision.
This program awards
Identical
Program
Biodiesel Fuel Education
competitive grants to
language to H.R.
Program through FY2012
nonprofit organizations
3221 was passed
with mandatory funding of
that educate
by the House as
$2 million for each of
governmental and
Sec. 9017 of the
FY2008 through FY2012.
private entities operating
2007 Farm Bill
[Sec. 5004]
vehicle fleets, and
(H.R. 2419).
educate the public about
the benefits of biodiesel
fuel use. Mandatory
CCC funding of $1
million annually was
authorized for FY2003
through FY2007. [P.L.
107-171, Sec. 9004]
Energy Audit and
No comparable provision.
Extends the 2002 Farm Bill
No comparable provision.
This is a competitive
Identical
Renewable Energy
Energy Audit and
grant program for
language to H.R.
Development Program
Renewable Energy
eligible entities to carry
3221 was passed
Development Program
out a program to assist
by the House as
through 2012. [Sec. 5005]
farmers, ranchers, and
Sec. 9004 of the
rural small businesses in
2007 Farm Bill
becoming more energy
(H.R. 2419).
efficient and in using
renewable energy
technology and
resources. Authorized
appropriations of such
sums as are necessary to
carry out the program
for FY2002 through
FY2007. [P.L. 107-171,
Sec. 9005]

CRS-23
Topic
EISA (P.L. 110-140)
H.R. 3221
H.R. 6 (Senate Version)
Prior/Current Law
Notes
Renewable Energy Systems
No comparable provision.
Renames the 2002 Farm
No comparable provision.
This program authorizes
Related
and Energy Efficiency
Bill program on “renewable
loans, loan guarantees,
language to H.R.
Improvements
energy systems and energy
and grants to farmers,
3221 (with a
efficiency improvements”
ranchers, and rural small
total of $75
as the “Rural Energy for
businesses to purchase
million more for
America Program.” Raises
and install renewable
FY2008-
the loan guarantee level
energy systems and to
FY2012) was
from $10 million to $25
make energy efficiency
passed by the
million and caps federal
improvements.
House as Sec.
cost-share at 75%. Allows
Mandatory CCC funding
9005 of the 2007
for feasibility studies to be
of $23 million annually
Farm Bill (H.R.
eligible for the program.
for FY2003 through
2419).
Increases mandatory CCC
FY2007. [P.L. 107-171,
funding to $40 million in
Sec. 9006]
FY2008; $60 million in
FY2009; $75 million in
FY2010; $100 million in
FY2011; and $150 million
in FY2012. [Sec. 5006]

CRS-24
Topic
EISA (P.L. 110-140)
H.R. 3221
H.R. 6 (Senate Version)
Prior/Current Law
Notes
Biomass Research and
No comparable provision.
Modifies and extends the
No comparable provision.
The Biomass Research
Related
Development Act of 2000
Biomass Research and
and Development Act of
language to H.R.
Development Program
2000 (reauthorized by
3221 (with a
through FY2012. Adds
the 2002 Farm Bill)
total of $70
mandatory CCC funding of
provides competitive
million more for
$25 million in FY2008; $50
funding for R&D and
FY2008-
million in FY2009; $75
demonstration projects
FY2012) was
million in FY2010; $100
on biofuels and
passed by the
million in FY2011; and
bio-based chemicals and
House as Sec.
$100 million in FY2012.
products, administered
9006 of the 2007
Also maintains the existing
jointly by USDA and
Farm Bill (H.R.
authorization of
DOE. Specified
2419).
appropriations of $200
mandatory CCC funding
million annually for
of $5 million in FY2002
FY2008-FY2015. [Sec.
and $14 million
5007]
annually for FY2003
through FY2007 to
remain available until
expended. Also
authorized
appropriations of $200
million for each of
FY2006 through
FY2015. [P.L. 107-171,
Sec. 9008]

CRS-25
Topic
EISA (P.L. 110-140)
H.R. 3221
H.R. 6 (Senate Version)
Prior/Current Law
Notes
Adjustments to the
No comparable provision.
Renews and extends the
No comparable provision.
Originally a Clinton
Related
Bioenergy Program
2002 Farm Bill Bioenergy
Administration
language to H.R.
Program through 2012 with
initiative, the Bioenergy
3221 (with a
increased mandatory CCC
Program was made
total of $185
funding of $175 million in
statutory by the 2002
million more for
FY2008; $215 million in
Farm Bill. The program
FY2008-
FY2009; $250 million in
provides CCC incentive
FY2012) was
FY2010; $275 million in
payments to biofuels
passed by the
FY2011; and $300 million
producers based on
House as Sec.
in FY2012. Ethanol
year-to-year increases in
9007 of the 2007
produced from corn starch
the quantity of biofuel
Farm Bill (H.R.
is excluded. Renewable
produced. Mandatory
2419).
diesel produced from
CCC funding of $150
biomass at petroleum
million annually for
refineries may be excluded,
FY2002 through
as well. Expands eligibility
FY2006. No funding
for combined heat and
was available for
power production using
FY2007. [P.L. 107-171,
biomass at biofuels plants
Sec. 9010]
and biomass gasification as
types of bioenergy eligible
for the production
incentive. [Sec. 5008]

CRS-26
Topic
EISA (P.L. 110-140)
H.R. 3221
H.R. 6 (Senate Version)
Prior/Current Law
Notes
Research, Extension, and
No comparable provision.
Extends the Sun Grant
No comparable provision.
The “Sun Grant”
Related
Educational Programs on
program through 2012 with
program established 5
language to H.R.
Biobased Energy
authorized appropriations of
national sun grant
3221 was passed
Technologies and Products
$75 million for each of
research centers based at
by the House as
FY2008 through FY2012.
land-grant universities
Sec. 9008 of the
[Sec. 5009]
and each covering a
2007 Farm Bill
different region. The
(H.R. 2419).
purpose is to enhance
coordination and
collaboration between
USDA, DOE, and
land-grant universities in
the development,
distribution, and
implementation of
biobased energy
technologies.
Authorized
appropriations of $25
million in FY2005, $50
million in FY2006, and
$75 million annually for
FY2006 through
FY2010.
Energy Council of the
No comparable provision.
Directs the Secretary of
No comparable provision.
No current provision.
Identical
Department of Agriculture
Agriculture to establish an
language to H.R.
energy council to
3221 was passed
coordinate the energy
by the House as
policy of USDA and
Sec. 9009 of the
consult with other federal
2007 Farm Bill
departments and agencies.
(H.R. 2419).
[Sec. 5010]

CRS-27
Topic
EISA (P.L. 110-140)
H.R. 3221
H.R. 6 (Senate Version)
Prior/Current Law
Notes
Forest Bioenergy Research
No comparable provision.
Establishes a new R&D
No comparable provision.
No current provision.
Related
Program
program to promote the use
language to H.R.
of woody biomass for
3221 (with a
bioenergy production,
total of $39
including feedstock issues
million more for
such as yield and new
FY2008-
varieties. A total of $36
FY2012) was
million in mandatory CCC
passed by the
funding is provided for
House as Sec.
FY2008-FY2012. [Sec.
9019 of the 2007
5011]
Farm Bill (H.R.
2419).
Feedstock Flexibility
No comparable provision.
Requires that USDA
No comparable provision.
No current provision.
Related
Program for Bioenergy
establish and administer
language to H.R.
Producers
(starting in FY2008) a
3221 was passed
sugar-for-ethanol program
by the House as
using sugar intended for
Sec. 9013 of the
food use but deemed to be
2007 Farm Bill
in surplus. USDA would
(H.R. 2419).
implement the program
only in those years when
purchases are determined to
be necessary to ensure that
the sugar program operates
at no cost. Such sums as
are necessary to carry out
the program are authorized.
[Sec. 5012]

CRS-28
Topic
EISA (P.L. 110-140)
H.R. 3221
H.R. 6 (Senate Version)
Prior/Current Law
Notes
H.R. 3221, Title IX — Energy and Commerce
Study of Ethanol-Blended
No comparable provision.
The Secretary of Energy is
Similar provision, except
No current provision.
A similar
Gasoline with Greater
directed to study the
that the study is to cover
provision to Sec.
Levels of Ethanol
potential for increasing the
ethanol/gasoline blends
142 of H.R. 6 is
ethanol content in gasoline
between 10% and 40%
contained in Sec.
above 10%. [Sec. 9305]
ethanol. [Sec. 142]
4409 of H.R.
3221 (see
above).
Grants for Cellulosic
See EISA, Sec. 207, “Grants
Extends the program of
No comparable provision.
The Secretary of Energy
Ethanol Production
for Production of Advanced
construction grants for
may provide grants for
Biofuels.”
cellulosic biofuel facilities
the construction of
established in P.L. 109-58
facilities to produce
through FY2010 and
renewable fuels
authorizes $500 million
(including ethanol) from
annually for FY2009 and
cellulosic biomass,
FY2010. Directs the
agricultural byproducts,
Secretary of Energy to give
agricultural waste, and
priority to projects that
municipal solid waste. A
“promote feedstock
total of $750 million is
diversity and geographic
authorized for FY2006
dispersion of production
through FY2008. [P.L.
facilities.” [Sec. 9308]
109-58, Sec. 1512]

CRS-29
Topic
EISA (P.L. 110-140)
H.R. 3221
H.R. 6 (Senate Version)
Prior/Current Law
Notes
Domestic Manufacturing
No comparable provision.
Expands the incentive
No comparable provision.
The EPA Administrator
Sec. 132 of
Conversion Grant Program
program for the domestic
is required to establish a
EISA amends
production of hybrid and
program to encourage
this section of
advanced diesel vehicle
the domestic production
EPAct 2005, but
established in P.L. 109-58
and sales of efficient
does not include
to include flexible fuel
hybrid and advanced
flexible fuel
vehicles. Requires that
diesel vehicles. The
vehicles.
priority be given to auto
program must include
and parts manufacturing
grants to domestic
facilities that have “recently
vehicle manufacturers to
ceased operation or will
encourage production
cease operation in the near
and provide consumer
future.” Allows
purchase incentives.
coordination with similar
Such sums as necessary
state programs. [Sec. 9311]
are authorized for
FY2006-FY2015. [P.L.
109-58, Sec. 712]
Grants for Renewable Fuel
See EISA, Sec. 223, “Grants
Authorizes $25 million
Similar to H.R. 3221. [Sec.
The Secretary of Energy
Production R&D in Certain
for Biofuel Production
annually for
125]
is authorized to conduct
States
Research and Development in
FY2008-FY2010 for
R&D and deployment of
Certain States”
research, development, and
renewable fuel
commercial application of
production technologies
biofuel production in states
in certain states. [P.L.
with low rates of ethanol
109-58, Sec. 1511(d)]
and cellulosic ethanol
production. [Sec. 9315]
Study of Effect of Oil Prices
No comparable provision.
The Secretary of Energy is
No comparable provision.
No current provision.
required to study the effects
on renewable fuel
production of oil priced at
$40 a barrel or more. [Sec.
9316]

CRS-30
Topic
EISA (P.L. 110-140)
H.R. 3221
H.R. 6 (Senate Version)
Prior/Current Law
Notes
H.R. 3221 Tax Provisions, Title XII — Conservation
Extension and Modification
No comparable provision.
Increases the alternative
No comparable provision.
An owner of a retail fuel
of Alternative Fuel Vehicle
fuel refueling property
station may take a tax
Refueling Property Credit
credit to 50% of the cost of
credit for the installation
the installation, up to
of alternative fuel tanks
$50,000. Extends the credit
and pumps. The credit
through December 31,
is equal to 30% of the
2010. [Sec. 12002]
cost of the installation,
up to $30,000. For
alternative fuels other
than hydrogen, the credit
expires on December 31,
2009. [P.L. 109-58,
Sec. 1342]
Extension and Modification
No comparable provision.
Amends the definition of
No comparable provision.
A tax credit is available
Also see Sec.
of Credits for Biodiesel and
“renewable diesel” under
for the retail sale or use
13011 of H.R.
Renewable Diesel
the renewable diesel tax
of biodiesel and
3221 below.
credit to exclude renewable
renewable diesel. The
diesel and renewable diesel
credit is equal to $1.00
mixtures produced through
per gallon for renewable
certain processes. Extends
diesel or biodiesel
the tax credits through
produced from virgin
December 31, 2010. [Sec.
agricultural products.
12003]
The credit expires on
December 31, 2008.
[P.L. 108-357, P.L. 109-
58]

CRS-31
Topic
EISA (P.L. 110-140)
H.R. 3221
H.R. 6 (Senate Version)
Prior/Current Law
Notes
Credit for Production of
No comparable provision.
Establishes a credit of $0.50
No comparable provision.
All fuel ethanol is
Cellulosic Alcohol
per gallon for ethanol
allowed a tax credit of
produced from cellulosic
$0.54 per gallon,
materials, in addition to any
regardless of feedstock.
existing credits. [Sec.
Small producers may
12004]
claim an additional
credit of $0.10 per
gallon. [26 U.S.C. 40]
H.R. 3221 Tax Provisions, Title XIII — Revenue Provisions
Clarification of Eligibility
No comparable provision.
Explicitly excludes fuels
No comparable provision.
A tax credit is available
This provision
for Renewable Diesel Credit
“derived from
for the retail sale or use
would limit tax
coprocessing biomass with
of renewable diesel.
credits for
a feedstock which is not
The credit is equal to
production of
biomass” from eligibility
$1.00 per gallon of
renewable diesel
for the renewable diesel tax
renewable diesel. [P.L.
at existing
credit. [Sec. 13011]
109-58]
petroleum
refineries.
Clarification That Credits
No comparable provision.
Limits eligibility for the
No comparable provision.
A tax credit is available
or Fuel are Designed to
biodiesel and renewable
for the retail sale or use
Provide an Incentive for
diesel tax credits to fuels
of biodiesel and
United States Production
produced in the United
renewable diesel
States. [Sec. 13012]
blended into
conventional diesel. The
credit does not
recognize point of
origin. [P.L. 108-357,
P.L. 109-58]

CRS-32
Topic
EISA (P.L. 110-140)
H.R. 3221
H.R. 6 (Senate Version)
Prior/Current Law
Notes
H.R. 3221 Tax Provisions, Title XIV — Other Provisions
Comprehensive Study of
No comparable requirement for
The Secretary of the
No comparable requirement
No current provision.
EISA would
Biofuels
the Secretary of the Treasury.
Treasury is required to
for the Secretary of the
require a related
study the effects of
Treasury.
study by XX.
increased biofuel use.
See EISA Sec.
Study elements include the
203 XX (above).
effects on: fuel prices; land
prices; land use;
environment; agricultural
commodities; taxpayers;
and refining capacity. [Sec.
14002]
H.R. 6 (Senate Version)
Grants for Infrastructure
No comparable provision.
No comparable provision.
Would require the Secretary
No current provision.
for Transportation of
of Energy to establish
Biomass to Local
grants to local governments
Biorefineries
and other entities (as
determined by the
Secretary) to promote the
development of
infrastructure to produce,
separate, process, and
transport biomass to
biorefineries. [Sec. 126]

CRS-33
Topic
EISA (P.L. 110-140)
H.R. 3221
H.R. 6 (Senate Version)
Prior/Current Law
Notes
Alternative Fuel Database
No comparable provision.
No comparable provision.
Would require the Secretary
No current provision.
and Materials
of Energy and the National
Institute of Standards and
Technology to establish: 1)
a public database describing
the physical properties of
different alternative fuels;
and 2) standard reference
materials for different
alternative fuels. [Sec. 128]
Transitional Assistance for
No comparable provision.
No comparable provision.
Requires the Secretary of
No current provision.
Farmers who Plant
Agriculture to provide
Dedicated Energy Crops for
transitional assistance
a Local Cellulosic Refinery
payments to agricultural
producers in the first year
they produce eligible
cellulosic energy crops. $4
million is authorized
annually for FY2008-
FY2012. [Sec. 131]
R&D in Support of Low-
No comparable provision.
No comparable provision.
Establishes a program of
No current provision.
Carbon Fuels
R&D grants for research on
low carbon fuels, including
cellulosic biofuels and
woody biomass for fuels
and electricity. A total of
$275 million is authorized
for FY2009-FY2013. [Sec.
132]

CRS-34
Topic
EISA (P.L. 110-140)
H.R. 3221
H.R. 6 (Senate Version)
Prior/Current Law
Notes
Study of Advanced Biofuels
No comparable provision.
No comparable provision.
Requires the Secretary of
No current provision.
Advanced
Technologies
Energy to contract with the
biofuels are
National Academy of
biofuels
Sciences to study
produced from
technologies for the
feedstocks other
production, transportation,
than corn starch.
and distribution of
(See Sec. 202 of
“advanced biofuels.” [Sec.
EISA above.)
141]
Study of Incentives for
No comparable provision.
No comparable provision.
Requires the President to
No current provision.
Renewable Fuels
study the renewable fuels
industry and markets to
determine production costs,
factors affecting market
prices, and financial
incentives necessary to
enhance the U.S. biofuels
industry. [Sec. 147]
Study of Effects of Ethanol-
No comparable provision.
No comparable provision.
Requires the Secretary of
No current provision.
Blended Gasoline on Off-
Energy to study the effects
Road Vehicles
of ethanol-blended gasoline
on off-road vehicles and
recreational boats. [Sec.
149]
Alternative Fuel Vehicle
No comparable provision.
No comparable provision.
Requires the Secretary of
No current provision.
Action Plan
Transportation to develop
and implement an action
plan so that alternative fuel
vehicles (including E85
vehicles) represent at least
50% of new vehicle sales
by 2015. [Sec. 520]