Qualified renewable biomass

(a) Definitions In this section: (1) Agency action The term agency action has the meaning given the term in section 551 of title 5, United States Code. (2) Qualified renewable biomass (A) In general The term qualified renewable biomass means— (i) forest products manufacturing bioenergy feedstocks, including from— (I) forest products manufacturing residuals, including spent pulping liquors, pulping by-products, bark, woody manufacturing residuals, paper recycling residuals, wastewater and process water treatment plant residuals, and anaerobic digester biogas; (II) harvest residues, including portions of harvested trees that are too small or of too poor quality to be utilized for wood products or paper products; (III) downed wood from extreme weather events and natural disasters, nonhazardous landscape or right-of-way trimmings and municipal trimmings, and plant material removed for purposes of invasive or noxious plant species control; (IV) biowaste, including landfill gas; and (V) non-chemically treated used wood products, such as crates or pallets; and (ii) forest biomass derived from residues created as a by-product of timber harvesting, including treetops, tree limbs, and bark, but excluding stumps, roots, and round wood suitable for industrial purposes. (B) Exclusion Such term does not include paper of a type that is commonly recycled. (b) In general (1) Consideration as renewable energy source With respect to any agency action of the Department related to qualified renewable biomass, the Secretary shall consider qualified renewable biomass to be a renewable energy source and assign it (and a facility, to the extent it uses qualified renewable biomass as fuel) a greenhouse gas emission rate, and a carbon intensity, of not greater than zero, if the use of such qualified renewable biomass as fuel does not cause the conversion of forests to non-forest use. (2) Petitions Not later than 1 year after receiving a petition requesting a change to a rule, policy, or program of the Department in order to comply with the requirements of paragraph (1), the Secretary shall take such action as may be necessary to comply with such requirements with respect to such rule, policy, or program. (c) Guidance (1) Establishment Not later than 180 days after the date of enactment of this Act, the Secretary shall establish guidance for purposes of carrying out subsection (b). (2) Modification The Secretary may periodically update the guidance established under paragraph (1) as the Secretary may determine necessary. (3) Consultation In carrying out this subsection, the Secretary shall consult with— (A) the Administrator of the Environmental Protection Agency; (B) the Secretary of Energy; and (C) any other relevant entities, as determined by the Secretary.

(a) Definitions In this section: (1) Agency action The term agency action has the meaning given the term in section 551 of title 5, United States Code. (2) Qualified renewable biomass (A) In general The term qualified renewable biomass means— (i) forest products manufacturing bioenergy feedstocks, including from— (I) forest products manufacturing residuals, including spent pulping liquors, pulping by-products, bark, woody manufacturing residuals, paper recycling residuals, wastewater and process water treatment plant residuals, and anaerobic digester biogas; (II) harvest residues, including portions of harvested trees that are too small or of too poor quality to be utilized for wood products or paper products; (III) downed wood from extreme weather events and natural disasters, nonhazardous landscape or right-of-way trimmings and municipal trimmings, and plant material removed for purposes of invasive or noxious plant species control; (IV) biowaste, including landfill gas; and (V) non-chemically treated used wood products, such as crates or pallets; and (ii) forest biomass derived from residues created as a by-product of timber harvesting, including treetops, tree limbs, and bark, but excluding stumps, roots, and round wood suitable for industrial purposes. (B) Exclusion Such term does not include paper of a type that is commonly recycled. (b) In general (1) Consideration as renewable energy source With respect to any agency action of the Department related to qualified renewable biomass, the Secretary shall consider qualified renewable biomass to be a renewable energy source and assign it (and a facility, to the extent it uses qualified renewable biomass as fuel) a greenhouse gas emission rate, and a carbon intensity, of not greater than zero, if the use of such qualified renewable biomass as fuel does not cause the conversion of forests to non-forest use. (2) Petitions Not later than 1 year after receiving a petition requesting a change to a rule, policy, or program of the Department in order to comply with the requirements of paragraph (1), the Secretary shall take such action as may be necessary to comply with such requirements with respect to such rule, policy, or program. (c) Guidance (1) Establishment Not later than 180 days after the date of enactment of this Act, the Secretary shall establish guidance for purposes of carrying out subsection (b). (2) Modification The Secretary may periodically update the guidance established under paragraph (1) as the Secretary may determine necessary. (3) Consultation In carrying out this subsection, the Secretary shall consult with— (A) the Administrator of the Environmental Protection Agency; (B) the Secretary of Energy; and (C) any other relevant entities, as determined by the Secretary.