Farm Energy

(Nov 9, 2011) Today USDA Secretary Tom Vilsack announced another round of awards under the Rural Energy for America Program, with a focus on solar, wind, geothermal and small hydropower. The awards reflect the growing and diverse opportunities for American agriculture and rural communities to profit from renewable energy.

Despite the success and popularity of the program, a Congressional “Conference Committee” is now deliberating just how drastically to cut REAP funding for 2012. “REAP is a successful clean energy program, generating jobs and economic development in rural communities while cutting pollution,” said Andy Olsen, Senior Policy Advocate for the Environmental Law & Policy Center. “Congress can create jobs and grow our economy, by continuing to renew and robustly REAP for 2012 and beyond.” (more…)

(October 7) Earlier this week, Indiana Republican Senator Richard Lugar and Indiana Republican Representative Marlin Stutzman (R-3rd) introduced Farm Bill reauthorization legislation, the Rural Economic Farm and Ranch Sustainability and Hunger Act (REFRESH).  It contains significant energy investments while assertedly saving taxpayers more than $40 billion over its five year life.  In particular, REFRESH includes key components of the existing Farm Bill Energy Title, including the Rural Energy for America Program (REAP) and the Biomass Crop Assistance Programs (BCAP).

(ALERT: While REFRESH is a positive step in the longer term, an immediate priority is next year’s budget. Please add your voice now to those opposing unfair cuts to REAP and BCAP. Time is of the essence – Congress may take further action very soon. Thank you.)

REFRESH provides nearly $1.3 billion in mandatory appropriations for five different clean energy programs with significant additional discretionary funding authorizations.  In particular, REFRESH includes annual funding of $70 million for the REAP program and an additional $80 million annually in discretionary funds.  The legislation also extends REAP to assist our nation’s rural schools with energy efficiency programs.

The legislation also supports the development of energy crops with the BCAP program.  REFRESH proposes to fund BCAP at $55 million dollars a year, with an additional $150 million a year in discretionary funding, while working to improve the program in several important respects. REFRESH includes complementary loan guarantee financing for biorefineries by continuing the Biorefinery Assistance Program for two more years.

REFRESH also adds a new Rural Energy Savings Program for rural electric cooperatives and others to help their customers save energy and money. REFRESH also extends the Biobased markets program.

Without reserving comment on the merits of the entire proposal, we applaud Senator Lugar and Representative Stutzman for recognizing that America’s the great potential for renewable energy from the heartland.  REFRESH affirms the value of energy for rural America, and the win-win of clean energy for rural economic development, energy security and environmental quality.

Decision Means Higher Energy Costs for Farms and Rural Businesses

(May 24, 2011) Today the House of Representatives’ Agriculture Appropriations Subcommittee will  vote to eliminate the popular and effective Rural Energy for America Program (REAP) in its 2012 appropriations bill. REAP is the only federal program successfully helping farmers and rural small businesses fight high energy costs with renewable energy systems and energy efficiency.

“Killing REAP leaves agriculture and rural businesses at the mercy of high oil and electricity prices,” said Andy Olsen, ELPC Senior Policy Advocate. (more…)

(April 20, 2011) USDA issued a notice yesterday setting a deadline of May 27, 2011 for submission of Biomass Crop Assistance Program (BCAP) project area proposals for Fiscal Year 2011.  State-level USDA teams are required to complete their review of submitted applications by June 10. The deadline for a final, national-level review of applications sent up by state offices is June 24. This is a change from the final BCAP rule published last October, which anticipated USDA accepting applications on a rolling or on-going basis with no deadlines. (more…)

(April 14, 2011) Today USDA issued the FY2011 funding notice for the Rural Energy for America Program (REAP) and also issued the long-awaited Interim Rule for all components of REAP. Both the funding notice and the Interim Rule address: 1) grants and loan guarantees for clean energy projects; 2) grants for feasibility studies; and 3) grants for energy audits and renewable energy development assistance.

To help the public understand the new REAP rule, ELPC is holding a webinar on Wednesday, April 27, at 3:00 pm Central Time. The webinar will be recorded for later viewing if you are unable to participate. This article summarizes the funding notice and the Interim Rule.

Funding Notice

The Notice of Funds Availability (NOFA) announces the availability of $70 million in REAP funding this year, based on the 2008 Farm Bill’s mandatory allocation of the same amount. USDA will issue a supplemental NOFA for additional funding if Congress allocates additional discretionary funding in the still-uncertain FY2011 budget

Application deadlines are as follows:

• June 15 for clean energy project grants and combined grants and loan guarantees;
• June 15 for loan guarantees only;
• June 30 for renewable energy Feasibility Studies grants;
• June 30 for Energy Audits and Renewable Energy Development Assistance grants.

Please read the NOFA for additional important application information. Since it is based on the REAP Interim Rule also proposed today, the remainder of this article summarizes the Interim Rule.

Interim Rule

The REAP Interim Rule is effective today and issued on an emergency basis to reflect changes made three years ago in the 2008 Farm Bill. Although effective immediately, USDA is requesting comments on its proposal and may change the rule in response to comments. The deadline for comments is June 13, 2011.

Here are highlights of the new rule’s requirements, focusing primarily on changes from the existing REAP rules and prior funding notices. Please check back on FarmEnergy.org soon for a more comprehensive summary of all of the rule’s requirements.

ELPC also is holding a webinar on Wednesday, April 27, at 3:00 pm Central Time to discuss the new rule. The webinar will be recorded for later viewing if you are unable to participate.

Key points in the rule include:

General

• Flexible fuel retail blender pumps are now eligible for REAP grants and loan guarantees. To qualify for a REAP award, gas stations must be owned by a rural small business. These pumps dispense gasoline blended with ethanol or biodiesel. (Biogas pipelines, transmission lines from wind farms, and other conveyance equipment are not included in this proposal.)
  • Note: Blender pump applications can receive up to 25 scoring points unique to pumps, based on number of additional pumps and USDA’s discretionary authority.
• Eliminates the “rural restriction” for agricultural producers located in non-rural areas – for example, commercial nurseries.
• Includes ocean energy and small hydropower (under 30 megawatts) as eligible technologies. Removes the financial need requirement (was not in 2008 Farm Bill).
• All REAP agreements terminate 2 years after signing unless USDA agrees to extension.

Renewable Energy and Energy Efficiency Grants and Loan Guarantees

• Higher funding limits for loan guarantees – up to 75% of total project costs; and the maximum amount of the loan guarantee was increased from $10 million to $25 million.
• USDA makes clear that applicants also can use the production tax credit (PTC) and other passive third-party equity contributions (although tax rules still cause a “haircut” to the total PTC).
• Energy efficiency improvements are exclusively for existing capacity improvements – USDA will not issue grants or loan guarantees to support capacity expansion (intended to address use of REAP to purchase larger grain dryers).

Feasiblity Studies and Audits/Development Assistance

Apart from the changes discussed in “General” above, the rules for the feasibility study grants and the energy efficiency audits and renewable energy development assistance grants appear to be similar to prior agency guidance contained in funding notices. We will summarize those requirements in a forthcoming article.

What the Interim Rule Does Not Address

• No streamlined applications for smaller, “off-the-shelf” pre-certified equipments such as wind turbines and solar panels.
• Did not eliminate the costly and unnecessary “two meter” requirement for farms that install wind turbines and solar panels where some small portion of the power generated may flow to the home.
• No increase in feasibility study grant limits (currently $50,000 per project, which is very low for large community energy developments).
• Non-profit entities are not eligible to conduct energy efficiency audits and renewable energy development assistance.
• Unclear yet if USDA eliminated the application preference for loan guarantees.

(Feb. 15) This week the President launched the first round in the FY2012 budget process with a proposed budget that cuts Ag funding over prior years but retains most clean energy priorities, albeit at slightly lower levels.

 For Agriculture, the Administration proposes to reduce total discretionary spending by over $3 billion from FY2010 levels. (Congress has not yet passed a final FY2011 budget; a Continuing Resolution based on 2010 levels is funding the government at least until March 4).

The President’s budget emphasizes clean energy development. Specific clean energy development funding proposals  include:

• Rural Energy for America Program (REAP) – $106.8 million. Includes $36.8 million in proposed discretionary funding plus $70 million mandatory funding from the 2008 Farm Bill. Total program funding is a small increase over current funding levels ($99.34 in FY2010).
• Biomass Crop Assistance Program (BCAP) – $198 million. To refocus this important program on its primary purpose of encouraging new energy crop development, the Administration proposes to cap funding for the Collection, Harvest, Storage and Transport component at $70 million, which would leave most of the funding ($128 million) for establishing and growing energy crops.
• Rural Utilities Service loans – $6 billion for low-interest Federal Financing Bank loans. As in FY2011, the Administration commendably wants most of these loans to finance new clean energy projects, and proposes that:
  • Not less than $4 billion shall be used for renewable energy plants or for fossil fueled plants with carbon sequestration;
  • Funding may be used for fossil peaking units operating in conjunction with wind and solar power; and
  • Not more than $2 billion may be used for projects to reduce pollution from fossil fueled plants. 

Next steps include House and Senate committee hearings on its budget proposals, and intense jockeying in Congress over the future of these and other programs. Stay tuned for more developments. And you can visit here for current information on the unsettled 2011 budget picture.