For other versions of this document, see http://wikileaks.org/wiki/CRS-RL34136 ------------------------------------------------------------------------------ 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] ------------------------------------------------------------------------------ For other versions of this document, see http://wikileaks.org/wiki/CRS-RL34136