Bill Text

The following text defines what should be included in any sustainable biomass definition as well as identifying materials that should be specifically excluded. Chief among those to be excluded is municipal solid waste (MSW). MSW contains a wide variety of contaminants such as creosote-treated wood, batteries, and other hazardous materials that emit toxic fumes such as dioxins and mercury when combusted. The incineration of municipal solid waste is not good economic or public health policy. Promoting MSW incineration also diverts materials from reuse, recycling, or composting programs, all of which are preferable to incineration.

This definition also limits the forest-related resources that should be used as biomass feedstocks. While certain residues and brush are acceptable fuel sources and can be extracted at minimal risk to forests and ecosystems, it is important that we not allow our national, state, and local forest lands to be used as an energy source. These lands provide valuable habitat for wildlife, remove excess carbon dioxide from our air, support diverse recreational activities, and represent our nation’s natural living heritage. 

Finally, animal wastes from large (over 1,000 animal units) animal feeding operations must be excluded under the definition. These operations, also referred to as CAFOs, are a major source of air, water, and land pollution. Any incentives that are associated with biomass production in your state must not be allowed to sustain these environmentally destructive conglomerates.

Section <insert section number>. Definition.

The term biomass means: 

(A) Organic material from a plant or tree that is planted for the purpose of being used to produce energy, but not including vegetation produced on Conservation Reserve Program lands if such harvest would be inconsistent with the environmental purposes of the conservation program; or

(B) Nonhazardous, lignocellulosic or hemicellulosic matter, or agricultural animal waste material, that is segregated from other waste materials and that is derived from:

(1) Only the following forest-related resources, provided these resources do not come from national or state forests or publicly-owned roadless areas:

(a) Slash; and

(b) Brush; 

(2) An agricultural crop, crop byproduct, or residue resource; but not including vegetation produced on Conservation Reserve Program lands if such harvest would be inconsistent with the environmental purposes of the conservation program;

(3) Miscellaneous waste such as landscape or right-of-way- tree trimmings; but not including:

(a) Incineration of municipal solid waste;

(b) Recyclable postconsumer waste paper;

(c) Painted, treated, or pressurized wood;

(d) Wood contaminated with plastic or metals; or

(e) Tires; and

(4) Animal waste, provided that the waste comes from animal feeding operations with no more than 1,000 animal units.

This definition is currently supported by Defenders of Wildlife and the Natural Resources Defense Council.