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Biochar Governrnment Legislation

May 14, 2010

Important Biochar Provisions Included in the Amercian Power Act

International Biochar Initiative is pleased to announce that the American Power Act (APA), a plan to secure America's energy future, contains several important provisions to support deployment of biochar as a climate mitigation and adaptation tool. Senators Kerry and Lieberman released a discussion draft of the legislative plan on Wednesday.

For the last several years, IBI has been working with members of Congress to incorporate appropriate language on biochar within US climate and energy legislation. IBI members and others have helped to educate policymakers about biochar, and why it should be included in US cap-and-trade legislation to help reduce emissions of greenhouse gases and as a way to sequester carbon in soil. Soil carbon sequestration through biochar also promises to enhance the soil resource upon which our food, renewable fuel and fiber supply depend.

The APA contains three specific provisions related to biochar. The first provision is under the domestic offset program, under Title II, Subtitle A - Global Warming Pollution Reduction. Under Part D - Offset Credit Program for Domestic Emission Reductions, Section 734 lists projects that are eligible for offsets. This list includes "projects for biochar production and use".

The second and third biochar provisions fall under Title II, Subtitle C - Achieving Fast Mitigation, Part II - Black Carbon.

Section 2211, Report On Black Carbon Sources, Impacts, And Reduction Opportunities instructs the EPA produce a report that includes a section on "research and development activities needed to better characterize the feasibility of biochar techniques to decrease emissions, increase carbon soil sequestration, and improve agricultural production, and if appropriate, encourage broader application of those techniques".

Section 2214 under the same Part II, titled Enhanced Soil Sequestration, authorizes the Secretary of Agriculture to establish a grant program to "conduct research, develop, demonstrate, and deploy biochar production technology for the purpose of sequestering carbon from the atmosphere." The program can fund up to 60 facilities and states that the Secretary "shall ensure that facilities receiving grants under this section represent a variety of technologies and feedstocks and are geographically dispersed."

Debbie Reed, Executive Director of the IBI, said: "The American Power Act, like some bills before it, recognizes the potentially vital role of biochar in climate change mitigation and adaptation, and benefiting agricultural and rural economies. Sustainable biochar is an important piece of the energy and climate puzzle. This 2,000 year-old practice converts agricultural waste into a soil enhancer that can hold carbon, boost food security, and discourage deforestation. It's one of the few technologies that is relatively inexpensive, widely applicable and quickly scalable. We are very pleased that the APA includes significant support for the powerfully simple tool of biochar...

To our US members: Please contact your legislators to educate them about biochar. We have many resources on the IBI website, such as one-page fact sheets and FAQs that you can use. Tell your representatives that biochar is a cost-effective form of carbon offset that provides many ancillary benefits to our agricultural sector. Biochar projects authorized under the APA legislation could help start biochar industries that will create jobs and boost agricultural production while saving energy and reducing emissions.

(Souce: IBI's US Biochar Policy page.)


United States Biochar Policy

September 24, 2009: Senator Reid Introduces “WECHAR” Bill to Develop Biochar Technology

On Thursday, September 24, 2009, Senator Harry Reid of Nevada, and four cosponsors (Senators Max Baucus and John Tester of Montana, Senator Orrin Hatch of Utah, and Senator Tom Udall of New Mexico), introduced the “Water Efficiency via Carbon Harvesting and Restoration (WECHAR) Act of 2009.” The bill establishes a loan guarantee program to develop biochar technology, initiates a program of biochar landscape restoration projects on public land, and authorizes a competitive grant program to fund research on biochar characteristics, impacts and economics.

In the face of climate change, drought is an ever growing problem in the Western US, exacerbated by water-sucking weeds like tamarisk (salt cedar), which can consume 200 gallons of water a day, per plant. These invasive weeds, along with other excess biomass in the form of beetle-killed trees, forests with dangerous fuel loading, and dense pinyon-juniper thickets that have invaded native sagebrush ecosystems, are ideal feedstocks for biochar.

In addition to providing loans for technology development and grants for research, the legislation directs the U.S. Geological Survey to assess the amount of feedstock in the form of invasive weeds and hazardous fuels on the public lands, the amount of carbon and biochar production potential in that feedstock, and the potential for water savings if it were removed.

Senator Reid’s office indicates that water savings achieved through the bill could be substantial: “The potential for millions of gallons in annual water savings from the elimination of water-robbing invasive tamarisk will be particularly meaningful in Nevada. Elimination of this scourge in our watersheds can offset a significant portion of our water needs.”

By using Western invasive weeds and dangerous fuel loads as feedstock for biochar production, the bill seeks to match undesirable material on the landscape that would otherwise be expensive to eliminate with a process that requires a large source of woody material to make valuable products and provide critical ecosystem services like carbon sequestration. 

Below is a summary of the WECHAR bill. The full text is available here.

Water Efficiency via Carbon Harvesting and Restoration (WECHAR) Act of 2009

Section-by-Section

Sec. 1. Short Title. Water Efficiency via Carbon Harvesting and Restoration Act of 2009.

Sec. 2.  Findings.

Sec.3.  Definitions.

Sec. 4. Resource Assessment.
Directs the U.S. Geological Survey to assess the amount of feedstock in the form of invasive weeds and hazardous fuels on the public lands, the amount of carbon and biochar production potential in that feedstock, and the potential for water savings if it were removed.

Sec. 5. Technology Research.

  • Directs the Departments of the Interior and Agriculture to develop loan guarantee programs for development of mobile and fixed but temporary biochar production technology that can be deployed in remote locations and use excess biomass as feedstock.
  • Identifies that production units produced under these guarantee programs need to be primarily tasked to work with the Bureau of Land Management, National Park Service, and Forest Service on invasive tamarisk in the Mojave Desert, pinyon-juniper buildup in the Great Basin, and bark beetle-killed trees in the Intermountain West.
  • Provides criteria for loan guarantee programs to ensure appropriate use and protection of funds and likelihood of success of the ventures accessing the program.

Sec. 6. Existing Technology.

  • Directs the Departments of the Interior and Agriculture to develop loan guarantee programs for construction or acquisition of existing biochar production technology that can be put directly into use.
  • Identifies that production units produced under these guarantee programs need to be primarily tasked to work with the Bureau of Land Management, National Park Service, and Forest Service on invasive tamarisk in the Mojave Desert, pinyon-juniper buildup in the Great Basin, and bark beetle-killed trees in the Intermountain West.
  • Provides criteria for loan guarantee programs to ensure appropriate use and protection of funds and likelihood of success of the ventures accessing the program.

Sec. 7. Deployment.

  • Directs the Secretaries of the Interior and Agriculture to develop 3-year programs for use of the technology developed in section 5, and identifies that initial programs shall be carried out by the Bureau of Land Management using Great Basin excess pinyon-juniper, by the National Park Service using Mojave Desert tamarisk, and by the Forest Service using Intermountain West bark beetle-killed trees.
  • Directs the Secretaries of the Interior and Agriculture to develop plans for use of the technology developed in section 5, and identifies that these shall use Great Basin excess pinyon-juniper, Mojave Desert tamarisk, and Intermountain West bark beetle-killed trees.

Sec. 8. Application and Market Research.

  • Directs the Secretary of Agriculture to implement competitive grants programs to develop markets for biochar and bioenergy, analyze the production costs versus the economic benefits of biochar production, potential performance of biochar production in carbon sequestration programs, and compares biochar production with other biofuel production systems.
  • Directs the Secretary of Agriculture to implement competitive grants programs to perform full environmental review of biochar production and use, including water savings, environmental benefits of biochar use in agricultural settings, and any potential adverse environmental impacts.
  • Directs the Secretary of Agriculture to implement competitive grants programs to research and analyze potential uses for biochar in landscape restoration in different ecosystems and soil types.

Sec. 9. Authorization of Appropriations.
Authorizes the appropriation of such funds as are necessary to carry out sections 4 through 8.