The Energy Independence and Security Act of 2007 (EISA, P.L. 110-140) included a definition of renewable biomass that outlined what feedstocks would be eligible for use under the Renewable Fuel Standard (RFS). Included in the definition is a series of ‘safeguards’ intended to ensure that only sustainable and environmentally-friendly feedstocks are allowed. Unfortunately, these provisions are not so much sustainability safeguards as they are a series of exclusions based on broad ownership and management categories. For instance, biomass from public lands is excluded, as is municipal solid waste. Most woody biomass (except for slash and pre-commercial thinning) is excluded from private, non-industrial forests (NIPFs), even if that land is being sustainably managed. On the other hand, all material is allowed from forest plantations, regardless of how poorly managed they might be. This definition will not help improve the sustainability of biomass production. What it will do is lock up enormous quantities of biomass, complicate implementation of the RFS, and retard the development of this renewable energy source.

Currently, this definition only affects the Renewable Fuel Standard, but it has set an unfortunate precedent that has impacted the discussion surrounding a federal renewable electricity standard, renewable energy tax credits, and a number of other state and federal laws affecting biomass energy. Currently, there are different (and sometimes conflicting) definitions of renewable biomass in energy policy, agricultural policy, and the tax code. Arbitrary distinctions between what is and what isn't considering 'renewable biomass' give farmers, foresters, and land managers mixed signals, and frustrate the development of biomass markets. What is needed is a universal definition that is flexible and functional and promotes feedstock diversification, ensures access for local and small-scale producers, and encourages improved land stewardship on all productive lands. The American Clean Energy and Security Act of 2009 (ACES, H.R. 2454), as passed by the House, has attempted to do that - creating a broadened definition of renewable biomass that applies to the RFS, a national Renewable Electricity Standard (RES), and climate legislation. This is a step in the right direction, but the definition still includes a number of non-germane exclusions and the bill does not attempt to amend the definition in every place where it appears in federal law, such as the tax code.

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