PolicyBrief
H.R. 8137
119th CongressMar 27th 2026
To amend the Internal Revenue Code of 1986 to establish tax credits for the production of, and investment in, certain renewable materials.
IN COMMITTEE

This bill establishes new federal tax credits for the production of and capital investment in facilities that manufacture qualified renewable materials from biomass.

Michelle Fischbach
R

Michelle Fischbach

Representative

MN-7

LEGISLATION

New Bio-Manufacturing Credits Offer 10 Cents Per Pound and 30% Investment Kickbacks for Renewable Materials

This bill is looking to jumpstart a domestic industry for things like bio-plastics and renewable chemicals by offering two major tax breaks. It creates a production credit of 10 cents per pound for 'qualified renewable materials' made from biomass, plus a 30% investment credit for companies building or upgrading the facilities that make them. To keep things focused, the bill explicitly carves out anything that could be used as food, animal feed, or fuel. Essentially, it’s not about what you put in your gas tank or on your dinner plate; it’s about the materials used to make the products we use every day, ensuring they're grown and manufactured right here in the U.S.

From Crops to Construction

The bill sets up a 'choose your own adventure' for businesses: they can take a 10-year production credit or a one-time 30% investment credit, but they can't double-dip on the same facility (Section 1 & 2). For a local manufacturer looking to pivot away from petroleum-based plastics, this could mean a $10 million annual cap on production credits or a massive 30% discount on the machinery needed to get started. The catch is that the materials must be 'made in the USA'—specifically, the biomass has to be grown or extracted primarily within the United States. This creates a direct link between American farmers growing the raw materials and the tech-heavy factories processing them.

The Science of the Small Print

To make sure companies aren't just slapping a 'green' label on old products, the bill uses a specific scientific benchmark (ASTM D6866) to measure exactly how much 'biobased carbon' is in a product. Only that specific portion gets the 10-cent-per-pound credit. It’s a move that keeps the policy honest but adds a layer of paperwork for businesses. For a startup coding new chemical formulas or a trade worker at a conversion plant, this means the 'bio' part of the business is now a major financial asset. The bill also allows these credits to be 'transferable,' which is a fancy way of saying a company that doesn't owe much in taxes can sell their credits to someone else for cash, providing immediate liquidity to keep the lights on.

Guardrails and Growing Pains

While the bill is a win for the bio-economy, it’s not a free-for-all. There are strict rules to prevent 'double-dipping' with other green energy credits, like the clean fuel credit. The Treasury and the Department of Agriculture have a tight 180-day window to write the actual rulebook once this passes. For the average person, this might not change your grocery bill tomorrow, but it sets the stage for a shift in how the items in your shopping cart are made. The challenge will be in the implementation—making sure the accounting for biomass vs. non-biomass feedstock stays accurate so that the tax breaks go to genuine innovation rather than just clever bookkeeping.