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-byside 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

7

!

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).

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

P.L. 110-140, Title I — Energy Security Through Improved Fuel Economy

Consumer Information

The Secretary of

Transportation is required to

carry out an educational

program to inform consumers

about the fuel savings and

emissions benefits of new

vehicles, including the benefits

from the use of alternative

fuels.

[Sec. 105]

The Secretary of

Transportation is required

to carry out an educational

program to inform

consumers about flexible

fuel vehicles, including

which existing vehicles may

be fueled on E85 (a blend

of 85% ethanol and 15%

gasoline).

[Sec. 9309]

No comparable provision.

No provision.

Fuel Tank Labeling

Requirement

Requires the Secretary of

Transportation to issue a final

rule by June 2011 requiring

automakers to clearly label the

fuel compartment of alternative

fuel vehicles with the form of

alternative fuel stated on the

label.

[Sec. 105]

No comparable provision.

Beginning in model year

2010, would require that the

fuel tank cap of an

alternative fuel vehicle be

clearly labeled as such.

[Sec. 129]

No provision.

Notes

CRS-5

Topic

Extension of Flexible Fuel

Vehicle Credit Program /

Biodiesel as Alternative fuel

for CAFE Purposes

EISA (P.L. 110-140)

H.R. 3221

H.R. 6 (Senate Version)

Prior/Current Law

Notes

Amends the Corporate Average

Fuel Economy (CAFE)

program to extend alternative

fuel vehicle credits through

model year 2019, at a declining

rate. Also allows vehicles

capable of operating on B20 (a

blend of 20% biodiesel and

80% petroleum diesel) to be

treated as vehicles eligible for

CAFE credits.

[Sec. 109]

Amends CAFE program to

allow vehicles capable of

operating on B20 to be

treated as vehicles eligible

for CAFE credits.

[Sec. 9317]

No comparable provision.

Under CAFE,

automakers may

generate credits toward

their compliance for the

production and sale of

alternative fuel vehicles,

as defined in law. These

provisions were set to

expire after model year

2014. Currently, B20

vehicles are not

considered alternative

fuel vehicles.

[49 U.S.C. 32901 et

seq.]

Expanding the

definition of

alternative fuel

vehicle to

include B20

could make all

diesel passenger

cars and light

trucks eligible

for credits under

CAFE.

Currently, some

diesel passenger

vehicles are

warrantied to

run on B5, but

there seem to be

few technical

barriers to

making some or

all new diesel

vehicles B20capable.

CRS-6

Topic

EISA (P.L. 110-140)

H.R. 3221

H.R. 6 (Senate Version)

Prior/Current Law

Notes

Amends the RFS to include

all motor fuel, as well as

heating oil. Expands the

mandate to 13.2 billion

gallons in 2012 and 36

billion gallons in 2022.

Starting in 2016, requires an

increasing amount of the

above mandate to be met

using “advanced biofuels,”

defined as biofuels derived

from feedstocks other than

corn starch. The bill would

require 3 billion gallons of

advanced biofuel in 2016,

increasing to 21 billion

gallons in 2022. Renewable

fuels produced in facilities

that commence operation

after enactment must

achieve at least a 20%

reduction in lifecycle

greenhouse gas emissions

relative to gasoline.

[Sec. 111]

The Energy Policy Act

of 2005 established an

RFS which requires the

use of an increasing

amount of renewable

fuels in gasoline. The

mandate increases from

4.0 billion gallons in

2006 to 7.5 billion

gallons in 2012.

Starting in 2013, the

proportion of renewable

fuel to gasoline must

equal or exceed the

proportion in 2012.

Starting in 2013, of the

amount mandated

above, at least 250

million gallons must be

fuel derived from

cellulosic material.

[P.L. 109-58, Sec. 1501]

Under, P.L. 10958, the RFS for

2008 would

have been 5.4

billion gallons

(compared to 9.0

billion gallons in

EISA). For

2022, P.L. 10958 would have

required an

estimated 8.6

billion gallons

(as opposed to

36 billion

gallons in

EISA).

P.L. 110-140, Title II — Energy Security Through Increased Production of Biofuels

Renewable Fuel Standard

Amends the renewable fuel

standard (RFS) established in

P.L. 109-58 to include all

transportation fuels (except for

fuels used in ocean-going

vessels). Expands the existing

requirement to 9.0 billion

gallons in 2008, increasing to

36 billion gallons in 2022.

Requires renewable fuels

produced at new facilities to

have at least 20% lower

lifecycle greenhouse gas

(GHG) emissions than

petroleum fuels. Starting in

2009, requires an increasing

amount of the above mandate

be met using “advanced

biofuels” defined as biofuels

derived from feedstocks other

than corn starch with 50%

lower lifecycle GHG

emissions. By 2022, requires

21 billion gallons of advanced

biofuel. Of the advanced

biofuel mandate, there are

specific carve-outs for

cellulosic fuels and biomassderived diesel substitutes.

[Sec. 202]

No comparable provision.

CRS-7

Topic

Study of Impact of

Renewable Fuel Standard

EISA (P.L. 110-140)

H.R. 3221

H.R. 6 (Senate Version)

Prior/Current Law

Notes

The Secretary of Energy, in

consultation with the Secretary

of Agriculture and the

Administrator of the

Environmental Protection

Agency (EPA), is required to

enter into an agreement with

the National Academy of

Sciences (NAS) to study the

impacts of the RFS on

industries related to feed

grains, livestock, food, forest

products, and energy. The

NAS study must: assess the

likely effects on domestic

animal agriculture and policy

options to alleviate negative

effects; identify agricultural

conditions that would warrant a

waiver of the RFS

requirements; and make

recommendations to limit

adverse economic impacts

from the RFS.

[Sec. 203]

The Secretary of Energy, in

consultation with the EPA

Administrator, the

Administrator of the Energy

Information Administration

(EIA), and the Secretary of

Agriculture, is required to

study and assess the impact

of renewable fuels on the

U.S. economy. Study

elements include the effects

on energy security, air and

water quality,

infrastructure, job creation,

and agricultural commodity

markets. The Secretary

must report within two

years of enactment and

update the report every

three years thereafter.

[Sec. 9314]

The EPA Administrator is

required to enter into an

agreement with the National

Academy of Sciences to

study the effects on the

environment from increased

renewable fuel use. Study

elements include the effects

on air and water quality,

land use patterns,

deforestation, greenhouse

gas emissions, habitat, and

the long-term capacity of

the United States to produce

biomass feedstocks. The

Administrator must submit

two reports: 1) within three

years of enactment; and 2)

by December 31, 2015.

[Sec. 162]

The EPA Administrator

must publish a draft

analysis of the effects of

the fuels provisions in

P.L. 109-58 on air

pollutant emissions and

air quality. [P.L. 109-58,

Sec. 1507]

See also Sec.

14002 of H.R.

3221, which

would require

the Secretary of

the Treasury to

study related

topics.

The EPA Administrator

is required to conduct a

survey to determine the

market share of gasoline

containing ethanol and

other renewable fuels.

[P.L. 109-58, Sec.

1501(c)]

DOE is required to

collect and publish

monthly survey data on

the production,

blending, importing,

demand, and price of

renewable fuels, both on

a national and regional

basis. [P.L. 109-58, Sec.

1508]

CRS-8

Topic

EISA (P.L. 110-140)

H.R. 3221

H.R. 6 (Senate Version)

Prior/Current Law

Environmental and

Resource Conservation

Impacts

The EPA Administrator, in

consultation with the

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]

No comparable provision.

No comparable provision.

No provision.

Biomass Based Diesel and

Biodiesel Labeling

The Federal Trade Commission

is required to promulgate rules

requiring diesel retailers to

label their pumps with the

percentage of biomass-based

diesel or biodiesel that is

offered for sale. [Sec. 205]

No comparable provision.

Requires the President to

promulgate rules for the

uniform labeling of

biodiesel blends that meet

ASTM standards. [Sec.

130(b)]

No provision.

Study of Credits for Use of

Renewable Electricity in

Electric Vehicles /

Production of Renewable

Fuel Using Renewable

Energy

The EPA Administrator is

required to study the feasibility

of issuing credits under the

RFS for electric vehicles

powered by electricity from

renewable resources. Within

180 days of enactment, EPA

must report to Congress on the

findings of the study.

[Sec. 206]

No comparable provision.

Under Sec. 111of H.R. 6, a

gallon of advanced biofuel

is considered equal to a

gallon of conventional

biofuel. This section grants

the President the authority

to give additional credits

under the program to

biofuels produced at

facilities that use biomass to

displace fossil energy.

[Sec. 112]

Under the existing RFS,

cellulosic biofuels are

eligible for additional

credits under the

mandate. A gallon of

cellulosic biofuel is

considered equal to 2.5

gallons of ethanol. For

this section, “cellulosic

biofuels” includes both

biofuels produced from

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]

Notes

CRS-9

Topic

EISA (P.L. 110-140)

H.R. 3221

H.R. 6 (Senate Version)

Prior/Current Law

Grants for Production of

Advanced Biofuels

Requires the Secretary of

Energy to establish a grant

program for the production of

advanced biofuels that have at

least an 80% reduction in

lifecycle greenhouse gas

emissions relative to current

fuels. Authorizes a total of

$500 million for FY2008FY2015.

[Sec. 207]

No comparable provision.

Requires the Secretary of

Energy to establish a grant

program for the production

of advanced biofuels that

have at least a 50%

reduction in lifecycle

greenhouse gas emissions

relative to current fuels.

Authorizes a total of $500

million for FY2008FY2015.

[Sec. 161]

No provision.

Integrated Consideration of

Water Quality in

Determinations on Fuels and

Fuel Additives

Expands EPA’s authority to

control engines, vehicles, fuels,

and fuel additives under Sec.

211(c) of the Clean Air Act to

include effects on water

pollution.

[Sec. 208]

No comparable provision.

Substantially similar to

EISA.

[Sec. 163]

Section 211(c) of the

Clean Air Act allows the

EPA Administrator to

control or prohibit the

production and/or sale

of any engine, vehicle,

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

Administrator to study the

potential adverse effects to air

quality from the expanded

RFS, and to promulgate

regulations to mitigate those

effects.

[Sec. 209]

No comparable provision.

Substantially similar to

EISA.

[Sec. 164]

No current provision.

Notes

Advanced

biofuels are

biofuels

produced from

feedstocks other

than corn starch.

(See Sec. 202 of

EISA.)

CRS-10

Topic

EISA (P.L. 110-140)

H.R. 3221

H.R. 6 (Senate Version)

Prior/Current Law

Effective Date, Savings

Provision, and Transition

Rules

For 2008 and 2009, any

ethanol plant powered by

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]

No comparable provision.

No comparable provision.

No provision.

Biodiesel Report

Requires the Secretary of

Energy to report to Congress

on the R&D challenges to

expanding biodiesel use (to an

unspecified level)

[Sec. 221]

Requires the Secretary of to

report to Congress on the

R&D challenges to

expanding biodiesel use to

2.5% of total diesel fuel use

by volume.

[Sec. 4404]

Similar provision, but

would require a study of the

challenges of expanding

biodiesel use to 5% of total

diesel fuel use.

[Sec. 130(a)]

No provision.

Biogas Report

Requires the Secretary of

Energy to report to Congress

on the R&D challenges to

expanding biogas and

biogas/natural gas blends (to an

unspecified level).

[Sec. 222]

Requires the Secretary of to

report to Congress on the

R&D challenges to

expanding biogas and

biogas/natural gas blends to

5% of fuel use.

[Sec. 4405]

No comparable provision.

No provision.

Notes

Currently,

biodiesel

represents less

than 1% of total

diesel

consumption.

CRS-11

Topic

EISA (P.L. 110-140)

H.R. 3221

H.R. 6 (Senate Version)

Prior/Current Law

Notes

The funding

authorized

would be in

addition to

amounts in

current law.

Language

substantially

similar to these

bill sections is

also in Sec. 9315

of H.R. 3221(see

below).

Grants for Biofuel

Production and R&D in

Certain States

Authorizes $25 million

annually for FY2008-FY2010

for R&D and commercial

application of biofuel

production in states with low

rates of ethanol and cellulosic

ethanol production (this could

in effect apply to all states).

[Sec. 223]

Substantially similar to

EISA.

[Sec. 4407]

Similar to EISA. [Sec. 125]

The Secretary of Energy

is authorized $25

million annually for

FY2006-FY2010 for

R&D and

implementation of

renewable fuel

production technologies

in states with low rates

of ethanol production

that are under the federal

reformulated gasoline

(RFG) program.

[P.L. 109-58, Sec.

1511(d)]

Biorefinery Energy

Efficiency

Amends Sec. 932 of P.L. 10958 to include research on

energy efficiency at

biorefineries and on technology

to convert existing corn-based

ethanol plants to process

cellulosic materials.

[Sec. 224]

Identical to EISA.

[Sec. 4408]

No comparable provision.

The Secretary of Energy

is directed to conduct

research on commercial

applications of biomass

and bioenergy. [P.L.

109-58, Sec. 932]

Study of Optimization of

Flexible Fueled Vehicles to

use E-85 Fuel

The Secretary of Energy is

directed to study whether

optimizing flexible fuel

vehicles (FFVs) to run on E85

would increase their fuel

efficiency.

[Sec. 225]

Similar provision.

[Sec. 4410]

Similar provision.

[Sec. 144]

No provision.

Current FFVs

are optimized to

run on gasoline,

since that tends

to be their

primary fuel.

CRS-12

Topic

EISA (P.L. 110-140)

H.R. 3221

H.R. 6 (Senate Version)

Prior/Current Law

Study of Engine Durability

and Performance Associated

with the Use of Biodiesel

The Secretary of Energy, in

consultation with the EPA

Administrator, is directed to

study the effects of various

biodiesel/diesel blends on

engine performance and

durability.

[Sec. 226]

Similar to EISA.

[Sec. 4411]

Similar provision, except

that the Secretary is

required to study only the

effects on engine durability

but not performance.

[Sec. 146]

No provision.

Study of Optimization of

Biogas Used in Natural Gas

Vehicles

The Secretary of Energy is

directed to study the potential

for optimizing natural gas

vehicles to run on biogas

(methane produced from

biological feedstocks).

[Sec. 227]

Similar provision.

[Sec. 4414]

No comparable provision.

No provision.

Algal Biomass

The Secretary is required to

report to Congress on progress

toward developing algae as a

feedstock for biofuel

production.

[Sec. 228]

Substantially similar to

EISA.

[Sec. 4416]

No comparable provision.

Various statutes promote

biofuels R&D, including

the development of

biofuels from algae, at

the Department of

Energy.

Biofuels and Biorefinery

Information Center

Directs the Secretary of Energy

to establish a technology

transfer center to provide

information on biofuels and

biorefineries.

[Sec. 229]

Similar provision, but

topics covered vary.

[Sec. 4402]

Similar provision, but

topics covered vary.

[Sec. 127]

No provision.

Notes

CRS-13

Topic

EISA (P.L. 110-140)

H.R. 3221

H.R. 6 (Senate Version)

Prior/Current Law

Notes

Cellulosic Ethanol and

Biofuels Research

Authorizes the Secretary of

Energy to provide biofuels

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]

Similar provision.

[Sec. 9312]

No comparable provision.

No provision.

Bioenergy R&D Authorization of

Appropriation

Amends Sec. 931 of P.L. 10958 to authorize a total of $1.2

billion for FY2008-FY2010 for

R&D on biomass, bioenergy,

and bioproducts.

[Sec. 231]

Substantially similar to

EISA.

[Sec. 4412]

Amends Sec. 931 of P.L.

109-58 to authorize a total

of $775 million for

FY2008-FY2009.

[Sec. 122]

The Secretary of Energy

is directed to conduct

R&D on biomass,

bioenergy, and

bioproducts. A total of

$525 million is

authorized for FY2008FY2009. [P.L. 109-58,

Sec. 931(c)]

Funding for

related biomass

research through

the Department

of Agriculture is

contained in Sec.

5007 of H.R.

3221.

Environmental Research

and Development

DOE is required to expand the

biological R&D program

established in Sec. 977 of P.L.

109-58 to include

environmental effects, potential

for greenhouse gas reductions,

and the potential for more

sustainable agriculture.

[Sec. 232(a)]

Substantially similar to

EISA.

[Sec. 4413(a)]

No comparable provision.

DOE is required to

establish a program of

research, development,

and demonstration in

microbial and plant

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]

See also Sec.

233 of EISA

(below).

CRS-14

Topic

EISA (P.L. 110-140)

H.R. 3221

H.R. 6 (Senate Version)

Lifecycle Analysis Tools for

Evaluating the Energy

Consumption and

Greenhouse Gas Emissions

from Biofuels

The Secretary of Energy is

required to study and develop

tools for evaluating the

lifecycle energy consumption

and greenhouse gas emissions

from biofuels.

[Sec. 232(b)]

Similar provision to EISA.

[Sec. 4413(b)]

Similar provision, but the

study is required to cover

only greenhouse gas

emissions but not energy

consumption.

[Sec. 148]

No provision.

Small-Scale Production and

Use of Biofuels

Amends the Biofuels Research

and Development Act of 2000

to require the Secretary of

Agriculture to establish a R&D

program to facilitate smallscale production and local and

on-farm use of biofuels.

[Sec. 232(c)]

The Secretary of Energy is

required to establish a R&D

program to facilitate smallscale production and local

and on-farm use of biofuels.

[Sec. 4413(c)]

No comparable provision.

The Biomass Research

and Development Act of

2000 (reauthorized by

the 2002 Farm Bill)

provides competitive

funding for R&D and

demonstration projects

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

at least seven research centers

that focus on bioenergy to be

included in the R&D program

established in Sec. 977 of P.L.

109-58.

[Sec. 233]

Similar to EISA, but would

require the establishment of

at least five bioresearch

centers focused on biofuels.

[Sec. 4406]

Similar to EISA, but would

require the establishment of

at least 11 bioresearch

centers focused on biofuels.

The Department of

Energy (DOE) is

required to establish a

program of R&D and

demonstration of

microbial and plant

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]

[Sec. 123]

Prior/Current Law

Notes

See also Sec.

232 of EISA

(above), which

expands the

topics covered

by the program.

CRS-15

Topic

EISA (P.L. 110-140)

H.R. 3221

H.R. 6 (Senate Version)

Prior/Current Law

University Based Research

and Development Grant

Program

Requires the Secretary of

Energy to establish a 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]

Identical to EISA.

[Sec. 4417]

No comparable provision.

No provision.

Prohibition on Franchise

Agreement Restrictions

Related to Renewable Fuel

Infrastructure

Amends the Petroleum

Marketing Practices Act (15

U.S.C. 2801 et seq.) to make it

unlawful for a franchiser to

prohibit a franchisee from

installing E85 or B20 tanks and

pumps within the franchise

agreement.

[Sec. 241]

Identical to EISA.

[Sec. 9302]

No comparable provision.

No current provision.

Renewable Fuel Dispenser

Requirements

The Secretary of Energy is

required to report to Congress

on the market penetration of

flexible fuel vehicles and on

the feasibility of requiring fuel

retailers to install E85

infrastructure.

[Sec. 242]

Identical to EISA.

[Sec. 9303]

No comparable provision.

No provision.

Notes

CRS-16

Topic

EISA (P.L. 110-140)

H.R. 3221

H.R. 6 (Senate Version)

Prior/Current Law

Ethanol Pipeline Feasibility

Study

The Secretary of Energy, in

consultation with the Secretary

of Transportation, is required

to report on the feasibility of

constructing dedicated ethanol

pipelines. $1 million is

authorized annually for

FY2008 and FY2009.

[Sec. 243]

Similar to EISA, except that

no new funds are

authorized.

[Sec. 9304]

Similar to EISA, except that

the Secretary of Energy

must consult with the

Secretary of Agriculture, as

well. No new funds are

authorized.

[Sec. 143]

No provision.

Renewable Fuel

Infrastructure Grants

Directs the Secretary of Energy

to provide grants for

conversion assistance,

technical and marketing

assistance, and pilot programs

to expand infrastructure for

ethanol/gasoline blends of

between 11% and 84% ethanol,

and renewable fuel/diesel fuel

blends of at least 10%

renewable diesel. $200 million

is authorized annually for

FY2008-FY2014.

[Sec. 244]

Establishes a grant program

for the installation of

refueling infrastructure for

E85 and B20 (20%

biodiesel, 80% conventional

diesel) fuels. Authorizes

$200 million annually for

FY2008-FY2014. “Large,

vertically integrated oil

companies” are ineligible

for funding. [Sec. 9301]

Directs the Secretary of

Energy to provide grants for

pilot programs to expand

infrastructure for

ethanol/gasoline blends of

between 11% and 84%

ethanol, and renewable

fuel/diesel fuel blends of at

least 10% renewable diesel.

$200 million is authorized

to be available until

expended. [Sec. 121]

No provision.

Study of the Adequacy of

Transportation of

Domestically-Produced

Renewable Fuel by

Railroads and Other Modes

of Transportation

The Secretary of Energy,

jointly with the Secretary of

Transportation, is required to

report on the adequacy of

railroads and modes for

transportation of domestically

produced renewable fuel.

[Sec. 245]

Similar provision, except

that the Secretary of Energy

must consult with the

Secretary of Transportation,

and the study is focused

solely on railroads.

[Sec. 9306]

No comparable provision.

No provision.

Notes

Ethanol is

currently

transported by

rail, truck, or

barge to gasoline

pipeline

terminals for

blending into

gasoline.

CRS-17

Topic

EISA (P.L. 110-140)

H.R. 3221

H.R. 6 (Senate Version)

Prior/Current Law

Federal Fleet Refueling

Centers

Requires the head of each

federal agency to install at least

one renewable fuel pump at

each federal fleet refueling

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]

Similar to EISA, except that

no exemption is given for

the Department of Defense.

[Sec. 9313]

No comparable provision.

No provision.

Standard Specifications for

Biodiesel

If ASTM International

(originally the American

Society for Testing and

Materials) has not adopted

standards for B5 and B20

within one year of enactment,

the EPA Administrator is

required to do so. No new

funding is authorized. [Sec.

247]

If ASTM International

(originally the American

Society for Testing and

Materials) has not adopted a

standard for B20 within one

year of enactment, the

Administrator of the

Environmental Protection

Agency (EPA) is required

to do so. No new funding is

authorized. [Sec. 9307]

The President is required to

promulgate rules to ensure

that renewable diesel fuel

substitutes comply with

applicable ASTM

standards. Authorizes $3

million annually for

FY2008-FY2010. [Sec.

130(c)]

No provision.

Biofuels Distribution and

Advanced Fuels

Infrastructure

Directs the Secretary of Energy

to conduct an R&D program on

the effects of biofuels on

existing transportation fuel

distribution systems.

[Sec. 248]

Similar provision to EISA.

[Sec. 4403]

No comparable provision.

No provision.

Notes

CRS-18

Topic

Waiver for Fuel or Fuel

Additives

EISA (P.L. 110-140)

H.R. 3221

H.R. 6 (Senate Version)

Prior/Current Law

Notes

Prohibits the introduction of

new renewable fuels or

renewable fuel additives unless

EPA explicitly grants a waiver

under Sec. 211(f) of the Clean

Air Act. EPA is required to

take final action within 270

days of receipt of the waiver

request.

[Sec. 251]

Similar provision to EISA.

[Sec. 9310]

No comparable provision.

Under Sec. 211(f) of the

Clean Air Act, no new

fuels or fuel additives

may be introduced into

commerce unless

granted a waiver by

EPA. If EPA has not

acted within 180 days of

receipt of a waiver

request, the waiver is

treated as granted. [42

U.S.C. 7545(f)]

Currently,

inaction by EPA

allows a fuel to

receive the

waiver. Under

H.R. 3221, no

waiver would be

granted without

explicit approval

by EPA.

P.L. 110-140, Title V — Energy Savings in Government and Public Institutions

Capitol Complex E-85

Refueling Station

The Architect of the Capitol is

authorized to install an E85

tank and pumping system on or

near the Capitol Grounds Fuel

Station. $640,000 is authorized

for FY2008.

[Sec. 502]

Similar to EISA, except

that no new funds are

authorized.

[Sec. 8652]

No comparable provision.

No provision.

Procurement and

Acquisition of Alternative

Fuels

Federal agencies are prohibited

from procuring alternative or

synthetic transportation fuels if

the lifecycle emissions exceed

those of petroleum-based fuels.

[Sec. 526]

No comparable provision.

No comparable provision.

No provision.

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

to the Use of Renewable

Resources to Generate

Energy

Expresses the Sense of the

Congress that renewable

resources from agriculture and

forestry should provide at least

25% of all U.S. energy needs

by 2025.

[Sec. 806]

No comparable provision.

Identical to EISA.

[Sec. 113]

No provision.

H.R. 3221, Title IV — Science and Technology

Study of Increased

Consumption of EthanolBlended Gasoline with

Higher Levels of Ethanol

No comparable provision.

The Secretary of Energy is

directed to study the

potential for using

ethanol/gasoline blends in

the range of 10% to 40%

ethanol. Currently, only up

to 10% ethanol is permitted

by federal regulations and

warrantied by automakers

for conventional vehicles.

[Sec. 4409]

Similar provision.

[Sec. 142]

No current provision.

Standards for Biofuels

Dispensers

No comparable provision.

If “appropriate private

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]

No comparable provision.

No current provision.

A similar

provision is

contained in Sec.

9305 of H.R.

3221 for a study

of increasing

gasoline ethanol

content above

10% (see

below).

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

Biobased Products

No comparable provision.

Amends definitions and

procedures for determining

eligible products under the

2002 Farm Bill (P.L. 107171) program on federal

procurement of biobased

products. For FY2008FY2012, $2 million in

annual mandatory

Commodity Credit

Corporation (CCC) funding

is authorized for product

testing. [Sec. 5002]

No comparable provision.

Under the 2002 Farm

Bill, federal agencies are

currently required to

purchase biobased

products under certain

conditions. Current law

authorizes a voluntary

biobased labeling

program. USDA

regulations define

biobased products,

identify biobased

product categories, and

specify the criteria for

qualifying those

products for preferred

procurement.

Mandatory CCC funding

of $1 million is

authorized for each of

FY2002 through

FY2007 for testing

biobased products. [P.L.

107-171, Sec. 9002]

Related

language to H.R.

3221 was passed

by the House in

July as Sec.

9002 of the 2007

Farm Bill (H.R.

2419).

CRS-21

Topic

Loan Guarantees for

Biorefineries and Biofuel

Production Plants

EISA (P.L. 110-140)

No comparable provision.

H.R. 3221

H.R. 6 (Senate Version)

Prior/Current Law

Notes

Extends the 2002 Farm Bill

biorefinery development

program through FY2012

and provides new loan

guarantee authority for

biorefineries, with a total of

$600 million going to loans

less than $100 million, and

$1 billion for loans up to

$250 million. The loan

guarantee would cover 90%

of an eligible loan. Requires

that construction

contractors and

subcontractors on federally

assisted loan guarantee

projects pay their

employees not less than the

prevailing wage in the same

locality under the

Davis-Bacon Act. Specifies

mandatory CCC funding of

$50 million in FY2008; $65

million in FY2009; $75

million in FY2010; $150

million in FY2011; and

$300 million in FY2012.

[Sec. 5003]

Amends Sec. 1703 of the

Energy Policy Act of 2005

to allow for projects that

produce “advanced

biofuels” defined as

biofuels produced from

feedstocks other than corn

starch (see H.R. 6, Sec.

111). [Sec. 124]

Under the Energy Policy

Act of 2005, the

Department of Energy is

directed to provide loan

guarantees for various

renewable energy and

low-emission energy

projects. [P.L. 109-58,

Sec. 1703]

Related

language to H.R.

3221 (with

larger funding

authorizations)

was passed by

the House as

Sec. 9003 of the

2007 Farm Bill

(H.R. 2419).

The 2002 Farm Bill

authorized a grant

program to help finance

the cost of developing

and constructing

biorefineries and biofuel

production plants to

carry out projects to

demonstrate the

commercial viability of

converting biomass to

fuels or chemicals.

However, no funds have

been appropriated for

the program. [P.L. 107171, Sec. 9003]

CRS-22

Topic

EISA (P.L. 110-140)

H.R. 3221

H.R. 6 (Senate Version)

Prior/Current Law

Notes

Biodiesel Fuel Education

Program

No comparable provision.

Extends the 2002 Farm Bill

Biodiesel Fuel Education

Program through FY2012

with mandatory funding of

$2 million for each of

FY2008 through FY2012.

[Sec. 5004]

No comparable provision.

This program awards

competitive grants to

nonprofit organizations

that educate

governmental and

private entities operating

vehicle fleets, and

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]

Identical

language to H.R.

3221 was passed

by the House as

Sec. 9017 of the

2007 Farm Bill

(H.R. 2419).

Energy Audit and

Renewable Energy

Development Program

No comparable provision.

Extends the 2002 Farm Bill

Energy Audit and

Renewable Energy

Development Program

through 2012. [Sec. 5005]

No comparable provision.

This is a competitive

grant program for

eligible entities to carry

out a program to assist

farmers, ranchers, and

rural small businesses in

becoming more energy

efficient and in using

renewable energy

technology and

resources. Authorized

appropriations of such

sums as are necessary to

carry out the program

for FY2002 through

FY2007. [P.L. 107-171,

Sec. 9005]

Identical

language to H.R.

3221 was passed

by the House as

Sec. 9004 of the

2007 Farm Bill

(H.R. 2419).

CRS-23

Topic

Renewable Energy Systems

and Energy Efficiency

Improvements

EISA (P.L. 110-140)

No comparable provision.

H.R. 3221

H.R. 6 (Senate Version)

Prior/Current Law

Notes

Renames the 2002 Farm

Bill program on “renewable

energy systems and energy

efficiency improvements”

as the “Rural Energy for

America Program.” Raises

the loan guarantee level

from $10 million to $25

million and caps federal

cost-share at 75%. Allows

for feasibility studies to be

eligible for the program.

Increases mandatory CCC

funding to $40 million in

FY2008; $60 million in

FY2009; $75 million in

FY2010; $100 million in

FY2011; and $150 million

in FY2012. [Sec. 5006]

No comparable provision.

This program authorizes

loans, loan guarantees,

and grants to farmers,

ranchers, and rural small

businesses to purchase

and install renewable

energy systems and to

make energy efficiency

improvements.

Mandatory CCC funding

of $23 million annually

for FY2003 through

FY2007. [P.L. 107-171,

Sec. 9006]

Related

language to H.R.

3221 (with a

total of $75

million more for

FY2008FY2012) was

passed by the

House as Sec.

9005 of the 2007

Farm Bill (H.R.

2419).

CRS-24

Topic

Biomass Research and

Development Act of 2000

EISA (P.L. 110-140)

No comparable provision.

H.R. 3221

H.R. 6 (Senate Version)

Prior/Current Law

Notes

Modifies and extends the

Biomass Research and

Development Program

through FY2012. Adds

mandatory CCC funding of

$25 million in FY2008; $50

million in FY2009; $75

million in FY2010; $100

million in FY2011; and

$100 million in FY2012.

Also maintains the existing

authorization of

appropriations of $200

million annually for

FY2008-FY2015. [Sec.

5007]

No comparable provision.

The Biomass Research

and Development Act of

2000 (reauthorized by

the 2002 Farm Bill)

provides competitive

funding for R&D and

demonstration projects

on biofuels and

bio-based chemicals and

products, administered

jointly by USDA and

DOE. Specified

mandatory CCC funding

of $5 million in FY2002

and $14 million

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]

Related

language to H.R.

3221 (with a

total of $70

million more for

FY2008FY2012) was

passed by the

House as Sec.

9006 of the 2007

Farm Bill (H.R.

2419).

CRS-25

Topic

Adjustments to the

Bioenergy Program

EISA (P.L. 110-140)

No comparable provision.

H.R. 3221

H.R. 6 (Senate Version)

Prior/Current Law

Notes

Renews and extends the

2002 Farm Bill Bioenergy

Program through 2012 with

increased mandatory CCC

funding of $175 million in

FY2008; $215 million in

FY2009; $250 million in

FY2010; $275 million in

FY2011; and $300 million

in FY2012. Ethanol

produced from corn starch

is excluded. Renewable

diesel produced from

biomass at petroleum

refineries may be excluded,

as well. Expands eligibility

for combined heat and

power production using

biomass at biofuels plants

and biomass gasification as

types of bioenergy eligible

for the production

incentive. [Sec. 5008]

No comparable provision.

Originally a Clinton

Administration

initiative, the Bioenergy

Program was made

statutory by the 2002

Farm Bill. The program

provides CCC incentive

payments to biofuels

producers based on

year-to-year increases in

the quantity of biofuel

produced. Mandatory

CCC funding of $150

million annually for

FY2002 through

FY2006. No funding

was available for

FY2007. [P.L. 107-171,

Sec. 9010]

Related

language to H.R.

3221 (with a

total of $185

million more for

FY2008FY2012) was

passed by the

House as Sec.

9007 of the 2007

Farm Bill (H.R.

2419).

CRS-26

Topic

EISA (P.L. 110-140)

H.R. 3221

H.R. 6 (Senate Version)

Prior/Current Law

Notes

Research, Extension, and

Educational Programs on

Biobased Energy

Technologies and Products

No comparable provision.

Extends the Sun Grant

program through 2012 with

authorized appropriations of

$75 million for each of

FY2008 through FY2012.

[Sec. 5009]

No comparable provision.

The “Sun Grant”

program established 5

national sun grant

research centers based at

land-grant universities

and each covering a

different region. The

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.

Related

language to H.R.

3221 was passed

by the House as

Sec. 9008 of the

2007 Farm Bill

(H.R. 2419).

Energy Council of the

Department of Agriculture

No comparable provision.

Directs the Secretary of

Agriculture to establish an

energy council to

coordinate the energy

policy of USDA and

consult with other federal

departments and agencies.

[Sec. 5010]

No comparable provision.

No current provision.

Identical

language to H.R.

3221 was passed

by the House as

Sec. 9009 of the

2007 Farm Bill

(H.R. 2419).

CRS-27

Topic

EISA (P.L. 110-140)

H.R. 3221

H.R. 6 (Senate Version)

Prior/Current Law

Notes

Forest Bioenergy Research

Program

No comparable provision.

Establishes a new R&D

program to promote the use

of woody biomass for

bioenergy production,

including feedstock issues

such as yield and new

varieties. A total of $36

million in mandatory CCC

funding is provided for

FY2008-FY2012. [Sec.

5011]

No comparable provision.

No current provision.

Related

language to H.R.

3221 (with a

total of $39

million more for

FY2008FY2012) was

passed by the

House as Sec.

9019 of the 2007

Farm Bill (H.R.

2419).

Feedstock Flexibility

Program for Bioenergy

Producers

No comparable provision.

Requires that USDA

establish and administer

(starting in FY2008) a

sugar-for-ethanol program

using sugar intended for

food use but deemed to be

in surplus. USDA would

implement the program

only in those years 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]

No comparable provision.

No current provision.

Related

language to H.R.

3221 was passed

by the House as

Sec. 9013 of the

2007 Farm Bill

(H.R. 2419).

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

Gasoline with Greater

Levels of Ethanol

No comparable provision.

The Secretary of Energy is

directed to study the

potential for increasing the

ethanol content in gasoline

above 10%. [Sec. 9305]

Similar provision, except

that the study is to cover

ethanol/gasoline blends

between 10% and 40%

ethanol. [Sec. 142]

No current provision.

Grants for Cellulosic

Ethanol Production

See EISA, Sec. 207, “Grants

for Production of Advanced

Biofuels.”

Extends the program of

construction grants for

cellulosic biofuel facilities

established in P.L. 109-58

through FY2010 and

authorizes $500 million

annually for FY2009 and

FY2010. Directs the

Secretary of Energy to give

priority to projects that

“promote feedstock

diversity and geographic

dispersion of production

facilities.” [Sec. 9308]

No comparable provision.

The Secretary of Energy

may provide grants for

the construction of

facilities to produce

renewable fuels

(including ethanol) from

cellulosic biomass,

agricultural byproducts,

agricultural waste, and

municipal solid waste. A

total of $750 million is

authorized for FY2006

through FY2008. [P.L.

109-58, Sec. 1512]

A similar

provision to Sec.

142 of H.R. 6 is

contained in Sec.

4409 of H.R.

3221 (see

above).

CRS-29

Topic

EISA (P.L. 110-140)

H.R. 3221

H.R. 6 (Senate Version)

Prior/Current Law

Notes

Sec. 132 of

EISA amends

this section of

EPAct 2005, but

does not include

flexible fuel

vehicles.

Domestic Manufacturing

Conversion Grant Program

No comparable provision.

Expands the incentive

program for the domestic

production of hybrid and

advanced diesel vehicle

established in P.L. 109-58

to include flexible fuel

vehicles. Requires that

priority be given to auto

and parts manufacturing

facilities that have “recently

ceased operation or will

cease operation in the near

future.” Allows

coordination with similar

state programs. [Sec. 9311]

No comparable provision.

The EPA Administrator

is required to establish a

program to encourage

the domestic production

and sales of efficient

hybrid and advanced

diesel vehicles. The

program must include

grants to domestic

vehicle manufacturers to

encourage production

and provide consumer

purchase incentives.

Such sums as necessary

are authorized for

FY2006-FY2015. [P.L.

109-58, Sec. 712]

Grants for Renewable Fuel

Production R&D in Certain

States

See EISA, Sec. 223, “Grants

for Biofuel Production

Research and Development in

Certain States”

Authorizes $25 million

annually for

FY2008-FY2010 for

research, development, and

commercial application of

biofuel production in states

with low rates of ethanol

and cellulosic ethanol

production. [Sec. 9315]

Similar to H.R. 3221. [Sec.

125]

The Secretary of Energy

is authorized to conduct

R&D and deployment of

renewable fuel

production technologies

in certain states. [P.L.

109-58, Sec. 1511(d)]

Study of Effect of Oil Prices

No comparable provision.

The Secretary of Energy is

required to study the effects

on renewable fuel

production of oil priced at

$40 a barrel or more. [Sec.

9316]

No comparable provision.

No current provision.

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

of Alternative Fuel Vehicle

Refueling Property Credit

No comparable provision.

Increases the alternative

fuel refueling property

credit to 50% of the cost of

the installation, up to

$50,000. Extends the credit

through December 31,

2010. [Sec. 12002]

No comparable provision.

An owner of a retail fuel

station may take a tax

credit for the installation

of alternative fuel tanks

and pumps. The credit

is equal to 30% of the

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

of Credits for Biodiesel and

Renewable Diesel

No comparable provision.

Amends the definition of

“renewable diesel” under

the renewable diesel tax

credit to exclude renewable

diesel and renewable diesel

mixtures produced through

certain processes. Extends

the tax credits through

December 31, 2010. [Sec.

12003]

No comparable provision.

A tax credit is available

for the retail sale or use

of biodiesel and

renewable diesel. The

credit is equal to $1.00

per gallon for renewable

diesel or biodiesel

produced from virgin

agricultural products.

The credit expires on

December 31, 2008.

[P.L. 108-357, P.L. 10958]

Also see Sec.

13011 of H.R.

3221 below.

CRS-31

Topic

Credit for Production of

Cellulosic Alcohol

EISA (P.L. 110-140)

No comparable provision.

H.R. 3221

H.R. 6 (Senate Version)

Prior/Current Law

Establishes a credit of $0.50

per gallon for ethanol

produced from cellulosic

materials, in addition to any

existing credits. [Sec.

12004]

No comparable provision.

All fuel ethanol is

allowed a tax credit of

$0.54 per gallon,

regardless of feedstock.

Small producers may

claim an additional

credit of $0.10 per

gallon. [26 U.S.C. 40]

Notes

H.R. 3221 Tax Provisions, Title XIII — Revenue Provisions

Clarification of Eligibility

for Renewable Diesel Credit

No comparable provision.

Explicitly excludes fuels

“derived from

coprocessing biomass with

a feedstock which is not

biomass” from eligibility

for the renewable diesel tax

credit. [Sec. 13011]

No comparable provision.

A tax credit is available

for the retail sale or use

of renewable diesel.

The credit is equal to

$1.00 per gallon of

renewable diesel. [P.L.

109-58]

Clarification That Credits

or Fuel are Designed to

Provide an Incentive for

United States Production

No comparable provision.

Limits eligibility for the

biodiesel and renewable

diesel tax credits to fuels

produced in the United

States. [Sec. 13012]

No comparable provision.

A tax credit is available

for the retail sale or use

of biodiesel and

renewable diesel

blended into

conventional diesel. The

credit does not

recognize point of

origin. [P.L. 108-357,

P.L. 109-58]

This provision

would limit tax

credits for

production of

renewable diesel

at existing

petroleum

refineries.

CRS-32

Topic

EISA (P.L. 110-140)

H.R. 3221

H.R. 6 (Senate Version)

Prior/Current Law

No comparable requirement for

the Secretary of the Treasury.

The Secretary of the

Treasury is required to

study the effects of

increased biofuel use.

Study elements include the

effects on: fuel prices; land

prices; land use;

environment; agricultural

commodities; taxpayers;

and refining capacity. [Sec.

14002]

No comparable requirement

for the Secretary of the

Treasury.

No current provision.

No comparable provision.

No comparable provision.

Would require the Secretary

of Energy to establish

grants to local governments

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]

No current provision.

Notes

H.R. 3221 Tax Provisions, Title XIV — Other Provisions

Comprehensive Study of

Biofuels

H.R. 6 (Senate Version)

Grants for Infrastructure

for Transportation of

Biomass to Local

Biorefineries

EISA would

require a related

study by XX.

See EISA Sec.

203 XX (above).

CRS-33

Topic

EISA (P.L. 110-140)

H.R. 3221

H.R. 6 (Senate Version)

Prior/Current Law

Alternative Fuel Database

and Materials

No comparable provision.

No comparable provision.

Would require the Secretary

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]

No current provision.

Transitional Assistance for

Farmers who Plant

Dedicated Energy Crops for

a Local Cellulosic Refinery

No comparable provision.

No comparable provision.

Requires the Secretary of

Agriculture to provide

transitional assistance

payments to agricultural

producers in the first year

they produce eligible

cellulosic energy crops. $4

million is authorized

annually for FY2008FY2012. [Sec. 131]

No current provision.

R&D in Support of LowCarbon Fuels

No comparable provision.

No comparable provision.

Establishes a program of

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]

No current provision.

Notes

CRS-34

Topic

EISA (P.L. 110-140)

H.R. 3221

H.R. 6 (Senate Version)

Prior/Current Law

Study of Advanced Biofuels

Technologies

No comparable provision.

No comparable provision.

Requires the Secretary of

Energy to contract with the

National Academy of

Sciences to study

technologies for the

production, transportation,

and distribution of

“advanced biofuels.” [Sec.

141]

No current provision.

Study of Incentives for

Renewable Fuels

No comparable provision.

No comparable provision.

Requires the President to

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]

No current provision.

Study of Effects of EthanolBlended Gasoline on OffRoad Vehicles

No comparable provision.

No comparable provision.

Requires the Secretary of

Energy to study the effects

of ethanol-blended gasoline

on off-road vehicles and

recreational boats. [Sec.

149]

No current provision.

Alternative Fuel Vehicle

Action Plan

No comparable provision.

No comparable provision.

Requires the Secretary of

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]

No current provision.

Notes

Advanced

biofuels are

biofuels

produced from

feedstocks other

than corn starch.

(See Sec. 202 of

EISA above.)