BIOCHAR Act of 2021

I 117TH CONGRESS 1ST SESSION H. R. 2581 To establish a biochar demonstration project and biochar grant program, and for other purposes. IN THE HOUSE OF REPRESENTATIVES APRIL 15, 2021 Ms. HERRELL (for herself, Mr. WESTERMAN, Mr. NEWHOUSE, and Mr. GOSAR) introduced the following bill; which was referred to the Com- mittee on Agriculture, and in addition to the Committee on Science, Space, and Technology, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To establish a biochar demonstration project and biochar grant program, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Biochar Innovations 4 and Opportunities for Conservation, Health, and Advance- 5 ments in Research Act of 2021’’ or the ‘‘BIOCHAR Act 6 of 2021’’. 7 VerDate Sep 11 2014 22:57 Jun 08, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2581.IH H2581 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 2581 IH SEC. 2. BIOCHAR DEMONSTRATION PROJECT. 1 (a) DEMONSTRATION PROJECTS.— 2 (1) ESTABLISHMENT.— 3 (A) IN GENERAL.—Not later than 2 years 4 after the date of the enactment of this section, 5 the Secretaries shall establish a program to 6 enter into partnerships with eligible entities to 7 carry out demonstration projects to support the 8 development and commercialization of biochar 9 in accordance with this subsection. 10 (B) LOCATION OF DEMONSTRATION 11 PROJECTS.—The Secretaries shall, to the max- 12 imum extent practicable, establish at least one 13 biochar demonstration project in each Forest 14 Service region. 15 (2) PROPOSALS.—To be eligible to enter into a 16 partnership to carry out a biochar demonstration 17 project under paragraph (1)(A), an eligible entity 18 shall submit to the Secretaries a proposal at such 19 time, in such manner, and containing such informa- 20 tion as the Secretaries may require. 21 (3) PRIORITY.—In selecting proposals under 22 paragraph (2), the Secretaries shall give priority to 23 partnering with eligible entities that submit pro- 24 posals to carry out biochar demonstration projects 25 that— 26 VerDate Sep 11 2014 22:57 Jun 08, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2581.IH H2581 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 2581 IH (A) have the most carbon sequestration po- 1 tential; 2 (B) will create new jobs and contribute to 3 local economies, particularly in rural areas; 4 (C) will demonstrate— 5 (i) new and innovative uses of biochar; 6 (ii) viable markets for cost effective 7 biochar-based products; 8 (iii) the ecosystem services of biochar; 9 (iv) the benefits of biochar to restore 10 forest heath and resiliency, including for 11 forest soils and watersheds; or 12 (v) any combination of purposes speci- 13 fied in clauses (i) through (iv); 14 (D) are located in local markets that have 15 the greatest need for the biochar production 16 units due to— 17 (i) nearby lands identified as having 18 high or very high or extreme risk of wild- 19 fire; 20 (ii) availability of sufficient quantities 21 of feedstocks; or 22 (iii) a high level of demand for 23 biochar or other commercial byproducts of 24 biochar; or 25 VerDate Sep 11 2014 22:57 Jun 08, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2581.IH H2581 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 2581 IH (E) any combination of purposes specified 1 in subparagraphs (A) through (D). 2 (4) USE OF FUNDS.—In carrying out the pro- 3 gram established under paragraph (1)(A), the Secre- 4 taries may enter into partnerships and provide fund- 5 ing to carry out demonstration projects that— 6 (A) acquire and test various feedstocks and 7 their efficacy; 8 (B) develop and optimize commercially and 9 technologically viable biochar production units, 10 including mobile and permanent units; 11 (C) demonstrate the production of biochar 12 from forest residues and the use of biochar to 13 restore forest health and resiliency; 14 (D) build, expand, or establish biochar fa- 15 cilities; 16 (E) conduct research on new and innova- 17 tive uses of biochar or demonstrate cost-effec- 18 tive market opportunities for biochar and 19 biochar-based products; 20 (F) carry out any other activities the Sec- 21 retaries determine appropriate; or 22 (G) any combination of the purposes speci- 23 fied in subparagraphs (A) through (F). 24 VerDate Sep 11 2014 22:57 Jun 08, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2581.IH H2581 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 2581 IH (5) FEEDSTOCK REQUIREMENTS.—To the max- 1 imum extent practicable, a biochar demonstration 2 project under this subsection shall, with respect to 3 the feedstock used under such project, derive at 4 least 50 percent of such feedstock from forest 5 thinning and management activities, including mill 6 residues, conducted on National Forest System 7 lands. 8 (6) REVIEW OF BIOCHAR DEMONSTRATION.— 9 (A) IN GENERAL.—The Secretaries shall 10 conduct regionally specific research, including 11 economic analyses and life-cycle assessments, on 12 the biochar produced from the demonstration 13 projects under this subsection, including— 14 (i) the effects of such biochar on— 15 (I) forest health and resiliency; 16 (II) carbon capture and seques- 17 tration, including increasing soil car- 18 bon in the short-term and long-term; 19 (III) productivity, reduced input 20 costs, and water retention in agricul- 21 tural practices; 22 (IV) soil and grassland health for 23 grazing activities, including grazing 24 activities on Federal land; 25 VerDate Sep 11 2014 22:57 Jun 08, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2581.IH H2581 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 2581 IH (V) environmental remediation 1 activities, including abandoned mine 2 land remediation; and 3 (VI) other ecosystem services of 4 biochar; 5 (ii) the efficacy of biochar as a co- 6 product of biofuels or in biochemicals; and 7 (iii) whether biochar can effectively be 8 used to produce any other technologically 9 and commercially viable outcome. 10 (B) COORDINATION.—The Secretaries 11 shall, to the maximum extent practicable, pro- 12 vide data, analysis, and other relevant informa- 13 tion collected under subparagraph (A) to eligi- 14 ble institutions conducting research and devel- 15 opment activities on biochar pursuant to receiv- 16 ing a grant under subsection (b). 17 (7) LIMITATION ON FUNDING FOR ESTAB- 18 LISHING BIOCHAR FACILITIES.—In the case of an el- 19 igible entity that enters in to a partnership to carry 20 out a biochar demonstration project under this sub- 21 section and seeks to establish a biochar facility 22 under such demonstration project, the Secretaries 23 may not provide funding to such eligible entity in an 24 VerDate Sep 11 2014 22:57 Jun 08, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2581.IH H2581 pamtmann on DSKBC07HB2PROD with BILLS 7 •HR 2581 IH amount greater than 35 percent of the capital cost 1 of establishing such biochar facility. 2 (b) BIOCHAR RESEARCH AND DEVELOPMENT GRANT 3 PROGRAM.— 4 (1) ESTABLISHMENT.—The Secretary of Agri- 5 culture shall establish an applied biochar research 6 and development grant program to make competitive 7 grants to eligible institutions to carry out the activi- 8 ties described in paragraph (3). 9 (2) APPLICATIONS.—To be eligible to receive a 10 grant under this subsection, an eligible entity shall 11 submit to the Secretary a proposal at such time, in 12 such manner, and containing such information as 13 the Secretary may require. 14 (3) USE OF FUNDS.—An eligible institution 15 that receives a grant under this subsection shall use 16 the grant funds to conduct applied research on— 17 (A) the effect of biochar on forest health 18 and resiliency, accounting for variations in 19 biochar, soil, climate, and other factors; 20 (B) the effect of biochar on soil health and 21 water retention, accounting for variations in 22 biochar, soil, climate, and other factors; 23 (C) the long-term carbon sequestration po- 24 tential of biochar; 25 VerDate Sep 11 2014 22:57 Jun 08, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2581.IH H2581 pamtmann on DSKBC07HB2PROD with BILLS 8 •HR 2581 IH (D) the best management practices of 1 biochar and biochar based-products to— 2 (i) maximize carbon sequestration 3 benefits; and 4 (ii) maximize the commercial viability 5 and application of such products in for- 6 estry, agriculture, environmental remedi- 7 ation, water quality improvement, and 8 other uses; 9 (E) the regional uses of biochar to increase 10 productivity and profitability, including— 11 (i) uses in agriculture and environ- 12 mental remediation; and 13 (ii) use as a co-product in fuel produc- 14 tion; 15 (F) new and innovative uses from biochar 16 byproducts; and 17 (G) opportunities to expand markets for 18 biochar and create jobs, particularly in rural 19 areas. 20 (c) REPORTS.— 21 (1) REPORT TO CONGRESS.—Not later than 2 22 years after the date of the enactment of this section, 23 the Secretaries shall submit a report to Congress 24 that— 25 VerDate Sep 11 2014 22:57 Jun 08, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H2581.IH H2581 pamtmann on DSKBC07HB2PROD with BILLS 9 •HR 2581 IH (A) includes policy and program rec- 1 ommendations to improve the widespread use of 2 biochar; 3 (B) identifies the areas of research needed 4 to advance biochar commercialization; and 5 (C) identifies barriers to further biochar 6 commercialization, including permitting and 7 siting considerations. 8 (2) PRESIDENT’S ANNUAL BUDGET REQUEST.— 9 Beginning 2 years after the date of the enactment 10 of this section and annually until the date described 11 in subsection (d), the Secretaries shall include in the 12 budget materials submitted to Congress in support 13 of the President’s annual budget request (submitted 14 to Congress pursuant to section 1105 of title 31, 15 United States Code) for each fiscal year a report on 16 the status of the demonstration projects carried out 17 under subsection (a) and the research and develop- 18 ment grants carried out under subsection (b). 19 (d) SUNSET.—The authority to carry out this section 20 shall terminate on the date that is 10 years after the date 21 of the enactment of this section. 22 (e) DEFINITIONS.—In this section: 23 (1) BIOCHAR.—The term ‘‘biochar’’ means car- 24 bonized biomass produced by converting feedstock 25 VerDate Sep 11 2014 22:57 Jun 08, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H2581.IH H2581 pamtmann on DSKBC07HB2PROD with BILLS 10 •HR 2581 IH through reductive thermal processing for non-fuel 1 uses. 2 (2) ELIGIBLE ENTITY.—The term ‘‘eligible enti- 3 ty’’ means— 4 (A) State, local, and Tribal governments; 5 (B) eligible institutions; and 6 (C) private, non-private, or cooperative en- 7 tities. 8 (3) ELIGIBLE INSTITUTION.—The term ‘‘eligi- 9 ble institution’’ means land-grant colleges and uni- 10 versities, including institutions eligible for funding 11 under the— 12 (A) Act of July 2, 1862; 13 (B) Act of August 30, 1890, including 14 Tuskegee University; 15 (C) Public Law 87–788 (commonly known 16 as the ‘‘McIntire-Stennis Act of 1962’’); or 17 (D) Equity in Educational Land-Grant 18 Status Act of 1994 (7 U.S.C. 301 note). 19 (4) FEEDSTOCK.—The term ‘‘feedstock’’ means 20 excess biomass in the form of plant matter or mate- 21 rials that serves as the raw material for the produc- 22 tion of biochar. 23 (5) SECRETARIES.—The term ‘‘Secretaries’’ 24 means— 25 VerDate Sep 11 2014 22:57 Jun 08, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H2581.IH H2581 pamtmann on DSKBC07HB2PROD with BILLS 11 •HR 2581 IH (A) the Secretary of Agriculture, acting 1 through the Chief of the Forest Service; and 2 (B) the Secretary of Energy, acting 3 through the Director of the Office of Science. 4 Æ VerDate Sep 11 2014 22:57 Jun 08, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6301 E:\BILLS\H2581.IH H2581 pamtmann on DSKBC07HB2PROD with BILLS