Farmer First Fuel Incentives Act

#1422 | S Congress #119

Policy Area: Taxation
Subjects:

Last Action: Read twice and referred to the Committee on Finance. (4/10/2025)

Bill Text Source: Congress.gov

Summary and Impacts
Original Text

Bill Summary

The "Farmer First Fuel Incentives Act" proposes several amendments to the Internal Revenue Code of 1986 concerning the clean fuel production credit. Key provisions include:

1. **Prohibition on Foreign Feedstocks**: The bill prohibits the use of foreign-grown feedstocks for qualifying for the clean fuel production credit. Only feedstocks produced or grown in the United States will be eligible. This change aims to promote domestic agriculture and energy production. The prohibition will take effect for transportation fuel sold after December 31, 2024.

2. **Emissions Rate Determination**: The legislation introduces a new clause to exclude emissions attributed to indirect land use changes when calculating lifecycle greenhouse gas emissions for clean fuel. This adjustment will follow regulations set by the Secretary of the Treasury in consultation with the Environmental Protection Agency and the Secretary of Agriculture. The new emissions rate methodology will apply to taxable years starting after December 31, 2025.

3. **Extension of Clean Fuel Production Credit**: The bill extends the clean fuel production credit deadline from December 31, 2027, to December 31, 2034, allowing for a longer period of tax incentives for clean fuel production.

4. **Rounding of Emissions Factors**: The legislation modifies the emissions factor for the clean fuel production credit, changing the rounding from 0.1 to 0.01. This adjustment will apply to transportation fuel produced after December 31, 2024.

Overall, the act aims to enhance domestic clean fuel production, reduce foreign dependency, and refine emissions calculations to support more accurate environmental assessments.

Possible Impacts

The "Farmer First Fuel Incentives Act" could have several implications for different groups of people. Here are three examples:

1. **Domestic Farmers and Producers:**
The prohibition on using foreign feedstocks for clean fuel production credits is likely to benefit U.S. farmers and producers. By mandating that only feedstocks grown in the United States can be used for the clean fuel production credit, it creates a stronger market for domestically produced agricultural products. This could lead to increased demand for U.S. crops, potentially resulting in higher prices and better income for farmers who engage in the production of feedstocks used in biofuels.

2. **Fuel Producers and Industry Stakeholders:**
Fuel producers who rely on foreign feedstocks may face challenges adapting to the new legislation. They would need to alter their supply chains to source feedstocks domestically, which could increase production costs or limit the availability of certain fuels. This could lead to higher prices for consumers at the pump or impacts on the overall competitiveness of the clean fuel industry. For those who successfully adapt, however, there may be opportunities for growth in the domestic clean fuel market.

3. **Environmental Advocates and Communities:**
The emphasis on domestic feedstocks and adjustments to emissions calculations (excluding indirect land use changes) may be viewed differently by various environmental groups. Some may argue that this legislation prioritizes domestic production over sustainable practices, potentially leading to increased land use for feedstock production that could impact biodiversity and ecosystems. Conversely, others may see the focus on domestic feedstocks as a way to reduce reliance on imported fuels, which could lower carbon footprints associated with transportation. This dichotomy could influence ongoing debates within communities about environmental sustainability and energy independence.

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1422 Introduced in Senate (IS)]

<DOC>






119th CONGRESS
  1st Session
                                S. 1422

   To amend the Internal Revenue Code of 1986 to prohibit the use of 
 foreign feedstocks for purposes of the clean fuel production credit, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 10, 2025

Mr. Marshall (for himself, Ms. Klobuchar, Ms. Ernst, Mrs. Fischer, Ms. 
Slotkin, Ms. Baldwin, and Mr. Ricketts) introduced the following bill; 
     which was read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
   To amend the Internal Revenue Code of 1986 to prohibit the use of 
 foreign feedstocks for purposes of the clean fuel production credit, 
                        and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Farmer First Fuel Incentives Act''.

SEC. 2. PROHIBITION ON FOREIGN FEEDSTOCKS FOR CLEAN FUEL PRODUCTION 
              CREDIT.

    (a) Prohibition on Foreign Feedstocks.--Section 45Z(f)(1)(A) of the 
Internal Revenue Code of 1986 is amended--
            (1) in clause (i)(II)(bb), by striking ``and'' at the end,
            (2) in clause (ii), by striking the period at the end and 
        inserting ``, and'', and
            (3) by adding at the end the following new clause:
                            ``(iii) such fuel is derived from a 
                        feedstock which was produced or grown in the 
                        United States.''.
    (b) Effective Date.--The amendments made by this section shall 
apply to transportation fuel sold after December 31, 2024.

SEC. 3. DETERMINATION OF EMISSIONS RATE.

    (a) In General.--Section 45Z(b)(1)(B) of the Internal Revenue Code 
of 1986 is amended by adding at the end the following new clause:
                            ``(iv) Exclusion of indirect land use 
                        changes.--Notwithstanding clauses (ii) and 
                        (iii), the lifecycle greenhouse gas emissions 
                        shall be adjusted as necessary to exclude any 
                        emissions attributed to indirect land use 
                        change. Any such adjustment shall be based on 
                        regulations or methodologies determined by the 
                        Secretary in consultation with the 
                        Administrator of the Environmental Protection 
                        Agency and the Secretary of Agriculture.''.
    (b) Conforming Amendment.--Section 45Z(b)(1)(B)(i) of such Code is 
amended by striking ``clauses (ii) and (iii)'' and inserting ``clauses 
(ii), (iii), and (iv)''.
    (c) Effective Date.--The amendments made by this section shall 
apply to emissions rates published for taxable years beginning after 
December 31, 2025.

SEC. 4. EXTENSION OF CLEAN FUEL PRODUCTION CREDIT.

    Section 45Z(g) of the Internal Revenue Code of 1986 is amended by 
striking ``December 31, 2027'' and inserting ``December 31, 2034''.

SEC. 5. ROUNDING OF CLEAN FUEL PRODUCTION CREDIT EMISSIONS FACTOR.

    (a) In General.--Section 45Z(b)(2) of the Internal Revenue Code of 
1986 is amended by striking ``0.1'' each place it appears and inserting 
``0.01''.
    (b) Effective Date.--The amendments made by this section shall 
apply to transportation fuel produced after December 31, 2024.
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