by Leah Douglas (Reuters) U.S. Senate Republicans on Monday proposed a tax bill that would extend a clean fuel tax credit through 2031, but trim 20% of the value of the credit for biofuels made from feedstocks produced outside of the United States.
The tax credit, established by former President Joe Biden's Inflation Reduction Act but not finalized during his tenure, could prove lucrative for oil and biofuel producers who can demonstrate lower carbon intensity of their fuels.
The House tax and spending bill passed in May also extends the tax credit, known as 45Z, through 2031, but bans most foreign feedstocks from being eligible for credits.
Both the House and Senate bills would exclude emissions generated from the expansion of agricultural land due to the growth of feedstocks like corn and soy, called indirect land use change, from the calculation of a biofuel's credit value.
That change would make it easier for corn-based ethanol to qualify for the credits.
But the requirement to calculate those indirect emissions was a key environmental guard rail of the original tax credit, said Sarah Lutz, senior climate campaigner at environmental group Friends of the Earth.
"This reckless proposal means dirtier fuel and higher food prices," Lutz said.
Both bills also make transportation fuels derived from farm animal manure eligible for the tax credit, a boost to biogas producers who argue that capturing methane from manure and other waste can help cut transportation emissions. READ MORE
Related articles
- Ag Policy Blog -- Senate Tax Package Would Allow Foreign Feedstocks to Qualify for 80% of 45Z Tax Credit (DTN Progressive Farmer)
- The Senate GOP’s Seismic Overhaul of Clean Energy Tax Credits, Explained (Heatmap)
- The 45Z clean fuel production tax credit is being used for unjustified giveaways to the conventional biofuels industry. The Senate should stop it. (Clean Air Task Force)
- US Senate bill would cut extra subsidy for SAF (Argus Media)
- Senate megabill more lenient with some climate law credits (E&E News)
- The US Senate bill will reduce the tax credit for biofuels produced from foreign feedstocks (World Energy News)
- ABFA STATEMENT ON 45Z CREDIT IN SENATE RECONCILIATION BILL LANGUAGE (Advanced Biofuels Association)
- Ag industry mixed on U.S. Senate’s approach to SAF tax credits (Brownfield Ag News; includes AUDIO)
- How Does the Senate’s Version of 45Z Differ from the House? (AgWeb; includes VIDEO)
- SAF supplies an America-first energy future for Iowa's farmers | Opinion ( Iowa Corn Growers Association /Des Moines Register)
- Soybean Farmers Deeply Concerned with Senate Proposal to Reward U.S. Tax Credits to Foreign Biofuel Feedstocks (American Soybean Association)
- Congress Split on Biofuel Tax Credit Overhaul -- The House and Senate reconciliation bills both propose major changes to the 45Z Clean Fuel Production Tax Credit, aiming to extend and reshape federal support for biofuels. (AgWeb)
- Senate changes to 45Z tax credit could hinder SAF growth (Agri-Pulse)
- Senate Urged to Adopt House 45Z Provisions (Energy.AgWired.com)
- GOP handed more megabill setbacks as numerous tax provisions get sidelined -- The items are relatively small, but the Senate’s legislative referee is still weighing the fate of other tax provisions. (Politico)
- US reps resist Senate approach to biofuel credit (Argus Media)
-
Billions More for Biofuels: Senate’s Reconciliation Draft Revives Old Subsidies, Adds New Ones (Tax Payers for Common Sense)
Excerpt from DTN Progressive Farmer: The House bill, however, ends some tax-credit abuse from imported products such as used cooking oil from China. The House bill blocks most foreign feedstocks from qualifying for the credit. Only feedstocks produced or grown in the United States, Canada qualify for the tax credit under the House bill.
The Senate bill would allow refiners to continue using foreign feedstocks, but cuts the credit 20%.
"The provision imposes a 20% haircut on the value of the credit for fuel produced from feedstocks produced or grown outside the U.S., effective for transportation fuel produced after Dec. 31, 2025," the Finance Committee summary stated.
Under the language, blending domestic and foreign feedstocks would lead to a deduction based on the percentage of foreign feedstocks used.
Like the House bill, the Senate bill also limits federal agencies from attributing greenhouse gases to "indirect land use change."
...
The Senate Finance Committee package also increases the statutory debt limit by $5 trillion as well. In theory, increasing the debt limit by $5 trillion should carry the Trump administration through fiscal year 2028 without having further debt-limit battles in Congress.
Senate Finance Committee section-by-section breakdown: https://www.finance.senate.gov/… READ MORE
Excerpt from Clean Air Task Force: The Senate should modify 45Z to ensure that it incentivizes only truly innovative clean fuels, such as synthetic or biogenic sustainable aviation fuel (SAF), which would simultaneously save money while promoting U.S. competitiveness.
...
The Joint Committee on Taxation (JCT) estimates that the tax credits will cost an additional $45.4 billion through 2034 on top of the $8.4 billion JCT estimates under the current policy, bringing the total projected 45Z spending to $53.8 billion. Under the House bill, almost all of these funds will be claimed by producers of conventional biofuels (e.g. on-road fuels like ethanol, biodiesel, and renewable diesel). If 45Z were scaled back to focus more on aviation fuels and/or innovative clean fuels, it would drastically reduce costs and make room in the budget for other important tax credits, like 45V and 45Q, that are critical to the development of innovative low-carbon, energy-dense fuels that the transportation sector needs going forward. For example, the score of the House-passed 45Z ($45.4 billion) is five times larger than the score of the 45V clean hydrogen production tax credit ($9.2 billion), which the House essentially eliminated.
...
Instead of lowering the bar on credit eligibility, the House Ways & Means committee could have incentivized biofuel producers to use non-conventional biomass resources that offer environmental benefits (like agricultural wastes and residues, winter crops, and herbaceous and woody perennials on marginal land), install non-conventional bioconversion technologies and carbon capture systems, recycle soil amendments from bioconversion facilities, or take other real steps to improve their fuels’ performance. Conventional biofuels also already benefit from regulatory support from other programs, like the Renewable Fuel Standard and California Low Carbon Fuel Standard. After decades of state and federal assistance, these fuels do not need lavish tax credits. It’s a multi-billion-dollar giveaway to an existing, mature industry, plain and simple.
...
Under the proposed version of 45Z, early-stage SAF producers would have to compete with overly subsidized conventional biofuel producers for a limited supply of environmentally sustainable bio-feedstocks. Additionally, the restrictions on transferability would further undermine the value of 45Z for these early-stage companies, as they do not typically have the necessary tax liability to take advantage of tax credits. This will hinder any producers that are trying to bring innovative fuels to the market and stifle investment in technologies like carbon capture and storage that are often used in clean SAF production. If the government is going to pay producers to keep making the same basic fuel they have been making for decades, there is no incentive to invest in newer, better, cleaner fuels. These kinds of tax credits should reward innovation and bolster the competitiveness of U.S. industries; they should not double down on the status quo, but that’s exactly what 45Z does under the House reconciliation bill.
It doesn’t have to be this way. The Senate can save money, support innovation, and bolster American competitiveness in an emerging global market by revising the 45Z tax credit so that it’s available only to companies that produce advanced aviation fuels. If that’s too bold, the Senate could at least increase the value of the credit that can be earned by advanced aviation fuel producers while significantly decreasing the value of the credit that incumbent fuel producers can earn. Either approach would both shrink the ballooning cost of 45Z and target public investment toward technologies that need it the most. READ MORE
Excerpt from Argus Media: The Senate draft proposes offering a maximum subsidy of $1/USG for all fuels based on their carbon intensities starting next year. The House made no changes to that part of the law, which currently offers road fuels up to $1/USG and sustainable aviation fuel (SAF) up to $1.75/USG, plus inflation adjustments for all types of fuel.
That change would reduce the incentive's upfront costs — potentially alleviating concerns among some conservative lawmakers that the bill would add to the budget deficit — but could reduce alternative fuel availability for airlines and upend many refiners' plans to convert more renewable diesel output to SAF.
"We have always supported tech-neutral biofuel incentives and at first blush the Senate draft seems to be moving toward making 45Z truly tech-neutral," said David Fialkov, executive vice president of government affairs at the National Association of Truck Stop Operators, which had opposed treating aviation fuels differently than road fuels.
The Senate proposal would also scrap a provision in the House bill that starting next year would restrict eligibility to fuels derived from North American feedstocks. Instead, the Senate committee has proposed cutting subsidies for fuels from foreign feedstocks by 20pc while still allowing them some credit. That change would provide more flexibility than the House bill to refineries that have scaled up biofuel production in recent years by relying on foreign inputs like used cooking oil and tallow. READ MORE
Excerpt from Advanced Biofuels Association: Michael McAdams, President of the Advanced Biofuels Association (ABFA), issued the following statement on the release of the Senate Finance Committee's budget reconciliation language:
"By including provisions to bolster the U.S. biofuels industry, the Senate Finance Committee has laid a robust foundation to achieve our shared goal of American energy dominance. The ABFA commends Chairman Crapo and committee members for their tailored approach to biofuels policy, exemplified by the extension of 45Z tax credits through 2031 and pathways that support the broad suite of feedstocks and fuels necessary to achieve our country's domestic energy ambitions.
"We recognize, however, that there are opportunities to improve upon the Senate Finance Committee's strong starting position. We encourage Senate decisionmakers to continue engaging with biofuel sector stakeholders and look forward to advancing the President's energy agenda alongside our partners on Capitol Hill." READ MORE
Excerpt from Brownfield Ag News: The CEO of the Renewable Fuels Association says the U.S. Senate is taking a different approach to Sustainable Aviation Fuel tax credits in its budget proposal compared to the U.S. House and neither are perfect.
“This thing is a long way from being done and there’s still a lot of differences to iron out.”
Geoff Cooper tells Brownfield the Senate Finance Committee’s budget proposal preserves the transferability for the 45Z tax credit over a seven-year period.
“The expiration of the transferability in the House bill was a real problem for us and we’re grateful the Senate Finance Committee heard our concerns.”
Both versions of the bill also extend the 45Z tax credit for four years. But Cooper says the Senate’s draft includes other provisions that would limit ethanol producers’ participation. And it doesn’t guarantee farmers will be credited for using smart climate ag practices to grow crops used for biofuels.
“That really remains up to regulators and the U.S. Treasury Department.”
Cooper says the Senate’s approach reduces the value of the credit for Sustainable Aviation Fuel.
“Under current law, SAF could qualify for as much as $1.75 per gallon and the Senate’s version would knock that down to a maximum of $1 per gallon.”
He says the U.S. Senate didn’t completely ban foreign feedstocks from being used to make biofuels, while the U.S. House version does.
Other ag organizations, including the Missouri Soybean Association, say they’re disappointed the U.S. Senate didn’t completely ban foreign feed stocks from qualifying for 45Z. Cooper says he’s optimistic there can be good compromises made as the bill goes through the reconciliation process
“We have no doubt it’s not going to be perfect right out of the gate, but what we’re hoping for is there’s a willingness in Congress and the administration to keep working on this and keep improving it. And keep doing everything we can to get it right.”
The U.S. Senate is expected to consider its version of the budget reconciliation package next week and has a goal to pass the bill before Independence Day.
Hear Brownfield’s interview with Geoff Cooper. READ MORE; includes AUDIO
Excerpt from AgWeb: Mitch Hora, CEO of Continuum Ag says at first glance the Senate language on 45Z looks more favorable than the House.
...
Senate Bill Similarities
Mitchell Hora, CEO of Continuum Ag says, “They kept the extension to 2031, they kept the reduction of the indirect land use change component, which helps all U .S. biofuels producers.”
Biggest Difference in Transferability of Credits to Get Revenues Down to Farmers
However, at first glance he thinks the Senate language looks more favorable than the House. The biggest difference is the Senate version doesn’t include the House language which terminates transferability after 2027.
Troy Bredenkamp. senior vice president of Government & Public Affairs for the Renewable Fuels Association says,
“So the Senate version includes transferability of the 45Z tax credit now through 2031. That’s certainly one of the big changes for us and one that’s very favorable.”
Hora adds, “It’s incredibly important, especially for some of those farmer owned ethanol plants are smaller producers, folks that transferring meaning re-seller broker out the finalized tax credits, being able to monetize it through those markets.”
And Hora further explains its part of getting revenue down to the farmer. “Likely how this will work is the farmer will get paid a premium for their data, whether directly associated with the crop or indirectly associated with the crop.”
Foreign Feed Stock Treatment
Another variance, the House bill prevented the credit from applying to fuels made with feed stocks outside the U.S., Canada or Mexico, such as Used Cooking Oil (UCO) from China. The Senate version provides a reduced credit.
Bredenkamp says, “This one took a little different approach. It only gives a foreign feed stock an 80% tax credit value. So that’s how they chose to differentiate.”
The American Soybean Association is opposing this provision, as president Caleb Ragland says they prefer to have foreign feed stock excluded from any U.S. biofuels tax credit.
Credit Value for SAF Cut
Also, the credit value for sustainable aviation fuel (SAF) would drop from $1.75 to $1.00, equalizing the value for all eligible fuel types.
Bredenkamp says this will :That will certainly have a cooling effect on SAF and without a doubt, really backing that from $1.75 back to $1.00 is going to have a real negative impact I think in terms of progress made on sustainable aviation fuel.”
Plus, The Senate version extends the 40B credit for SAF to fuels sold between Dec. 31, 2024, and the end of September. READ MORE; includes VIDEO
Excerpt from American Soybean Association: The American Soybean Association expressed disappointment in the Senate Finance Committee’s budget reconciliation text that made significant modifications to the House-passed Section 45Z Clean Fuel Production Credit language. The Senate Finance Committee text reverts on the progress made in the House to support U.S. farmer-driven domestic biofuels by removing a key provision to ringfence North American feedstocks and prevent foreign feedstocks from benefitting from U.S. taxpayer dollars.
“The Senate 45Z proposal turns its back on the Trump Administration’s farmer-first American energy dominance agenda, which was highlighted through EPA’s strong renewable volume obligations proposal that U.S. agriculture applauded,” said Caleb Ragland, American Soybean Association President and farmer from Magnolia, Kentucky. “RVOs and the 45Z tax credit should be seeking to achieve the same goals for U.S. farmers and domestic biofuel production, and instead the Senate budget reconciliation language seeks to provide U.S. taxpayer dollars to foreign feedstock competitors at the expense of soybean farmers.”
ASA applauded the inclusion of key 45Z revisions in the House-passed budget reconciliation that will support U.S. farmers and expand market opportunities domestically. For years, soybean farmers have watched used cooking oil and tallow imports take U.S. biofuel market share from soy because of policy incentives that did not promote a fully domestic value chain for biofuels. Both the House of Representatives and the EPA have sought to change course and promote farm-first energy policies, and ASA urges the Senate to follow suit as it continues to negotiate a budget reconciliation package. READ MORE
Excerpt from Le Lezard: Biodiesel stakeholders praised members of the Senate Finance Committee for their work to make improvements to the Clean Fuels Production Credit (Section 45Z). The coalition includes Sustainable Advanced Biofuel Refiners (SABR); NATSO, representing travel centers and truck stops; American Trucking Associations (ATA); Illinois Soybean Growers; National Energy & Fuels Institute (NEFI); SIGMA: America's Leading Fuel Marketers; and the National Association of Convenience Stores (NACS).
Equalizing the value of the credit between over-the-road biomass-based diesel and sustainable aviation fuel (SAF) was an important policy improvement. Creating SAF parity would be an important step to leveling the playing field and mitigating the ongoing problem of SAF displacing gallons of over-the-road biomass-based diesel rather than gallons of petroleum.
Another important policy improvement from the House version was the extension of transferability of the credit to all seven years of the program. Without transferability, most biomass-based diesel producers would not have access to the credit at all.
Finally, biomass-based diesel producers are glad to see that the removal of Indirect Land Use Change (ILUC) stayed in the Senate version. After 20 years of predictions of ILUC from biofuels, the modeled ILUC results were never observed and certainly not scientifically agreed upon.
We applaud these policy improvements and call for them to remain in the final version that Congress passes. We especially want to thank Senate Finance Committee Chairman Mike Crapo (R-Idaho) and biomass-based diesel champion Senator Charles Grassley (R-Iowa), and other members of the Finance Committee for their hard work.
While these improvements make '45Z' a much more workable policy from the original law passed in the 2022 Inflation Reduction Act, the amendments do not take effect until 2026. The expiration of the blenders' tax credit in January and the lack of implementing regulations for '45Z' have put the biomass-based diesel industry in great peril. The industry is all but shut down for all of 2025 and will continue to be for at least the rest of the year unless there is some transitional short-term policy measure to turn the plants back on and provide a bridge to '45Z' in 2026. We have called for a streamlined version of the blenders' tax credit for the rest of 2025 to be that bridge. Without such a bridge, most biomass-based diesel producers will not survive to 2026. At a time of dangerous conflict in the Persian Gulf, America needs all of the domestic energy it can get. READ MORE
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