The Biomass Facility Construction Act reinstates and expands investment and production tax credits for new open- and closed-loop biomass energy facilities.
Kevin Kiley
Representative
CA-3
The Biomass Facility Construction Act incentivizes the development of renewable energy by reinstating and expanding investment and production tax credits for open- and closed-loop biomass facilities. By removing previous sunset dates and statutory limitations, the bill encourages new construction and long-term investment in biomass energy infrastructure.
The Biomass Facility Construction Act aims to jumpstart the development of biomass energy by reviving and expanding two major financial incentives: the Investment Tax Credit (ITC) and the Production Tax Credit (PTC). Under Section 2 of the bill, any qualifying facility that starts construction after the law is enacted can claim a 30% credit on the cost of their equipment and property. This is a significant shift from previous rules that were set to phase out for many facilities by 2025. By moving the goalposts to focus on when construction starts rather than when the power starts flowing, the bill gives developers a much longer runway to get complex projects off the ground.
This legislation specifically targets "open-loop" and "closed-loop" biomass facilities. In plain English, closed-loop facilities use crops grown specifically to be burned for fuel, while open-loop facilities use organic waste products like forest thinnings or agricultural scraps. For a local timber mill looking to turn its sawdust into electricity or a farmer considering dedicated energy crops, this 30% investment credit acts like a massive coupon for the expensive machinery required to make that transition. By amending Section 48(a) of the tax code, the bill ensures that if you start digging the foundation after the bill passes, you are eligible for the full credit, regardless of how long the actual build takes.
Beyond just helping with the upfront costs of building the plant, the bill makes it more profitable to actually run it. It amends Section 45(d) to ensure these new facilities can access the renewable electricity production credit, which pays out based on how much power is actually generated and sold. Crucially, the bill adds a new provision to Section 45(b)(4) that strips away old statutory limitations that used to cap or restrict these credits for biomass. For a small energy startup or a rural co-op, this means a more predictable and robust stream of income for every megawatt-hour they put onto the grid, making it easier to secure bank loans for construction.
The real-world impact here hits closest to home in rural and industrial areas. Imagine a regional waste management company that currently pays to haul organic debris to a landfill; under this bill, the math changes significantly. With a 30% discount on the facility (the ITC) and a guaranteed credit for the power produced (the PTC), turning that waste into a local power source becomes a viable business model. While the bill is clear on the "what" and "when," the challenge will be in the details of facility classification. To prevent potential abuse, regulators will need to ensure that facilities are truly using qualifying biomass rather than just rebranding older, less efficient processes to snag the new tax breaks.