The Food, Conservation & Energy Act of 2008: Energy Provisions & Issues Jody L. Campiche Larry D. Sanders May 2009 Overview ► Shift in support from conventional or grain-based biofuels to cellulosic biofuels ► Additional funding for renewable energy ► Collaboration between USDA & DOE ► Sugar program in Commodity Title I calls for USDA purchase of sugar for ethanol use ► Ethanol blending tax credit reduced by 12% ► NOTE: Key Bio-energy provisions for RFS are found in the Energy Independence and Security Act of 2007, not in Farm Bill Energy Provisions 1. Biobased Markets Program 2. Biorefinery Assistance 3. Repowering Assistance 4. 5. 6. 7. 8. Biomass Research and Development Program 9. Feedstock Flexibility Program for Bioenergy Producers Bioenergy Program for Advanced Biofuels 10. Biomass Crop Assistance Program Biodiesel Fuel Education Program 11. Forest Biomass for Energy 12. Technology Transfer for Energy Crops and Conversion Facilities 13. Sugar purchase 14. Cellulosic tax credit; ethanol subsidy cut; studies for infrastructure, fertilizer Rural Energy for America Program Rural Energy Self-Sufficiency Initiative 3 U.S. Ethanol Production U.S. Ethanol Production (mgy) 10,000 9,000 8,000 7,000 6,000 5,000 4,000 3,000 2,000 1,000 1980 1981 1982 1983 1984 1985 1986 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 0 Source: Renewable Fuels Association Biobased Markets Program ► Continued from 2002 bill ► Purpose: Provide government demand for biobased products ► Federal agencies will buy biobased products Meet performance standards Available at reasonable price ► Mandatory and discretionary funding Corn Dry Milling/Ethanol Process Corn Coarse Flour Water Enzymes Saccharification Mash (Sugars) Yeast CO2 Fermentation Distillation Ethanol DDGS 6 How ethanol is made – wet milling process Corn Dilute H2SO4 Corn steep liquor Germ Steeping Fiber Corn oil Proteins Starch Gluten meal Livestock feed Poultry feed Syrup Corn starch Ethanol Biorefinery Assistance ► Continued from 2002 bill – now with mandated funding ► Purpose: Encourage growth of advanced biofuels industry ► Competitive grants to assist development and construction of demonstration-scale biorefineries that convert renewable biomass to advanced biofuels may not exceed 30% of project cost ► Loan guarantees to fund development and construction of commercial-scale biorefineries ► Eligible entities individual, Indian tribe, state/ local govt, organization, corp., farm coop, producer assn., National lab, higher ed, REC, public power, consortium of these Cellulosic ethanol production As my reviewer Francis Epplin (Oklahoma State University) notes, there are several alternate processes for cellulosic ethanol production, none of which have yet won the battle as “the best process”: enzymatic hydrolysis , acid hydrolysis, gasification, gasification-fermentation, liquefaction, mix alco. This slide is a generic representation of the process, followed by the next slide which is another process. Whether any of them are shown to be commercial and economic remains to be seen. 9 Repowering Assistance ► New in 2008 bill ► Purpose: Encourage existing biorefineries to replace fossil fuels used to produce heat or power with renewable energy ► Payments made for installation of new systems that use renewable biomass or for new production of energy from renewable biomass ► Mandatory funding of $35 million through CCC for FY 2009, until expended Bioenergy Program for Advanced Biofuels ► Continued from 2002 bill – only advanced biofuels producers are eligible – additional mandated funding ► Purpose: Encourage production of advanced biofuels ► Contract with biorefineries payments based on quantity of advanced biofuel produced and net nonrenewable energy content of the fuel Biodiesel Fuel Education Program ► Continued from 2002 bill ► Purpose: Educate those with vehicle fleets and others about biodiesel benefits ► Eligible entities: Nonprofits or higher education Demonstrated knowledge of biodiesel fuel production, use or distribution Demonstrated ability to conduct educational/technical support programs 12 Biodiesel Production Catalyst Vegetable oil Crude biodiesel 4. Washing Source: Wen and Ogejo. 1. Mixing 2. Transesterification 3. Separation Methanol 5.Methanol recovery Crude glycerol Biodiesel 13 U.S. Biodiesel Production U.S. Biodiesel Production (mgy) 700 600 500 400 300 200 100 0 2000 2001 2002 2003 2004 2005 2006 2007 2008 Rural Energy for America Program ► Continued from 2002 bill – additional mandated funding ► Purpose: promote energy efficiency & renewable energy development for ag producers & rural small businesses ► Provides competitive grants for energy audits, renewable energy development assistance, energy efficiency improvements & renewable energy systems ► Eligible entities: state/tribe/local govt, land-grants/other higher ed, REC or public power utility, other similar entity ► Loan guarantees/grants to ag producers/rural businesses for energy efficiency improvements & renewable energy systems Grants may not exceed 25% of cost Loan guarantees capped at $25 million/loan Combination of grant and loan guarantees may not exceed 75% of cost Biomass Research & Development ► Continued from 2002 bill – additional mandated funding ► Purpose: USDA & DOE coordinate policies to promote research/development for production of biofuels/biobased products ► Establishes Biomass R/D Board & Technical Advisory Committee ► Biomass R/D Initiative Competive grants/contracts/financial assistance Technologies for commercial, competitive biofuel production Hi-value biobased products Diversity of economical/environmentally sustainable domestic sources of renewable biomass 3 areas: Feedstocks; Biofuels/biobased products; Biofuels development analysis 16 Renewable Energy Self Sufficiency Initiative ► New in 2008 bill ► Purpose: Provide financial assistance for rural communities to increase energy self-sufficiency ► Provides grants to conduct energy assessments, formulate plans to reduce energy use from conventional sources, and install integrated renewable energy systems ► Eligible renewable energy sources energy conversion systems fueled from solar, wind, hydropower, biomass, or geothermal sources ► Allows direct lending from U.S. Department of Treasury as an alternative to financing through Federal Financing Bank ► Authorizes appropriations of $5 million annually for FY 2009-12 ► Federal-cost share for any grant is limited to 50% of project cost Feedstock Flexibility Program for Bioenergy Producers ► New in 2008 bill ► Purpose: Establishes purchase program 2008-2012 crop year for sugar (raw, refined, in-process eligible to be marketed in US for human consumption or for extraction of sugar for human consumption) ► Sell sugar (by bid) to bioenergy producers at no net cost to Federal govt. ► CCC funds/facilities used to purchase sugar at loan levels ► Program only implemented in years Secretary determines it necessary to avoid Government costs Biomass Crop Assistance Program ► New in 2008 bill ► Purpose: BCAP supports establishment/production of eligible crops for conversion to bioenergy ► Payments up to 75% of establishment costs for crop (seeds/stock, planting, site prep/tree planting) ► Payments to assist agricultural and forest landowners with w/collection, harvest, storage, transport to biomass conversion facility: match $1 for $1 per ton of biomass up to $45/ton for 2 yrs ► 5 yr contracts for annual/perenial crops, 15 yr contracts for woody biomass ► CCC funds used, Annual payments to support production ► Eligible crops/biomass Doesn’t include crops eligible for commodity payments, invasive or noxious plants, animal waste and byproducts, food and yard waste, or algae US Biomass Sources, 2005 20 Milbrandt, Anelia, 2005: “A Geographic Perspective on the Current Biomass Resource Availability in the United States”, National Renewable Energy Laboratory, Golden, CO. Forest Biomass for Energy ► New in 2008 bill ► Purpose: USFS will conduct competitive R/D to encourage use of forest biomass for energy ► Eligible entities: FS, other Fed agencies, state/local govt, tribes, landgrants, private ► Project selection criteria ► Uses low-value biomass for energy Integrate energy production into biorefineries and other mfg Develop new transportation fuels Improve growth/yield of trees for energy production $15 million each fy 09-12 authorized Community Wood Energy Program ► New in 2008 bill ► Purpose: Development of community wood energy plans and acquisition/upgrading ► USFS will provide grants up to $50,000 to state/local govts. to develop community wood energy plans; competitive grants to state/local govts. to acquire/upgrade community wood energy systems ► $5 million each fy 09-12 authorized Renewable Fuel Studies ► New in 2008 bill ► Biofuels infrasctructure studies assess infrastructure needs for expanding domestic production, transport, and distribution of biofuels ► Renewable fertilizer studies assess current state of knowledge regarding potential for production of fertilizer from renewable-energy sources in rural areas Technology Transfer for Energy Crops and Conversion Facilities ► Makes permanent existing program Modifications ► reduced input costs, conserving energy resources, diversifying through new energy crops and generation facilities, and expanding agricultural commodity markets for producers using practices that enhance environment, natural resource base, and quality of life ► Defines several specific characteristics of organization to provide assistance to farmers ► In Rural Development Title Pilot Programs and New Product Development ► New in 2008 bill ► Purpose: Contract for studies of insurance policies for energy crops ► In Crop Insurance Title Biofuel Tax Credit and Tariff Provisions ► Credit for production of cellulosic biofuel - $1.01/gallon ► Comprehensive study of biofuels by USDA, Treasury, DOE, EPA, NAS ► Modifies the subsidy paid to ethanol producers from $0.51/gallon thru 2008 to $0.45/gallon beginning 2009 Reduces tax credits to $0.45/gallon in calendar year after annual production or importation of ethanol reaches 7.5 billion gallons 26 Biofuel Tax Credit and Tariff Provisions ► Calculation of Volume of Alcohol for Fuel Credits Reduces amount of allowable denaturants to 2% of volume of alcohol (previously 5%) ► Ethanol Duty Extension Extends additional duty on ethanol imported for fuel use for 2 years through Dec 31, 2010 Biofuel Tax Credit and Tariff Provisions ► Limitations on Duty Drawback on Certain Imported Ethanol Phases out rebates available for imported ethanol after Oct 1, 2008 ► 2002 bill: U.S. businesses eligible for rebate of duties, fees, or taxes paid on imported goods when the business subsequently exported a "commercially interchangeable" good ► Rebate was available for exported jet fuel on basis of ethanol imports, even though imported ethanol was not blended with exported jet fuel The Energy Independence and Security Act of 2007 (HR 6) ► Signed 18 Dec 07, in part amended Clean Air Act ► Increases fuel efficiency standard from current 25 mpg to 35 mpg in 2020 ► Increases renewable fuels standards 2007 - 7 billion gallons 2008 - 9 billion gallons 2022 - 36 billion gallons (15 billion gallons from corn grain ethanol, 21 billion gallons from cellulosic ethanol) ► Grants for production, R/D, infrastructure 29 Grain Ethanol Production Costs Source: United States Environmental Protection Agency (2007) Likely Consequences ► To shift emphasis from grain-based to cellulosic could cost billions (not yet commercially viable) ► Commitment to buy domestic sugar and sell to ethanol producers could be very expensive with low-cost imported sugar ► Reduction in ethanol tax credit at a time of high corn prices will contribute marginally to decisions to halt plant construction ► Debate continues over biofuel impact on food & feed prices ► Debate continues over “life cycle” issues (do renewable fuels really have a smaller carbon footprint?) ► Commodity, conservation and disaster assistance provisions and their impact on renewable fuels remains for further analysis 31 Will renewable energy solve all the “problems”? Problems Solution? Energy independence ► Renewable energy likely to be a marginal part of supply High fossil fuel prices ► Fossil fuel prices driven by many factors (China & India) Environmental concerns (carbon footprint) ► New research suggests ethanol not a solution to environmental concerns ► Fossil fuel demand likely to continue to be high Fossil fuel shortage 32 Economic Stimulus: American Recovery & Reinvestment Act 2009 ► DOE Energy Efficiency & Renewable Energy $16.8 bil. w/ $3.2 bil. For energy efficiency & conservation block grants $5 bil. for weatherization assistance w/$3.1 bil. for Part D, Title III energy policy $2 bil. for grants for mfg of advanced batteries $4.5 bil. for electricity & energy $3.4 bil for Fossil Energy Researcy & Development plus $6 bil. for guaranteed loans Increases weatherization limits per home from $2500 to $6500 per dwelling Oklahoma Activity ► No active biofuel plants in OK ► Many potential processing sites scrapped or put on hold because of economy & lower gas prices ► Existing biofuel activity: biodiesel facility in the Panhandle (which uses hog fat as a feedstock) Conoco Phillips synthetic biodiesel experiment Hugoton, KS, Abengoa facility may contract w/OK producers