II
110th CONGRESS
2d Session
S. 3080
IN THE SENATE OF THE UNITED STATES
June 4, 2008
Mrs. Feinstein (for herself, Mr. Gregg, Ms. Cantwell, Mr. Allard, and Ms. Collins) introduced the following bill; which was read twice and referred to the Committee on Finance
A BILL
To ensure parity between the temporary duty imposed on ethanol and tax credits provided on ethanol.
Short title
This Act may be cited as
the Imported Ethanol Parity
Act
.
Findings
Congress finds the following:
On May 6, 2006,
the Chairman of the Finance Committee of the Senate stated on the Senate floor
that, the United States tariff on ethanol operates as an offset to an
excise tax credit that applies to both domestically produced and imported
ethanol.
.
On May 9, 2006,
the Renewable Fuels Association stated: the secondary tariff exists as
an offset to the tax incentive gasoline refiners receive for every gallon of
ethanol they blend, regardless of the ethanol’s origin.
. In May 2008,
the Renewable Fuels Association’s Executive Director asserted that The
tariff is there not so much to protect the industry but the United States
taxpayer.
.
In a letter to
Congress dated June 20, 2007, the American Coalition for Ethanol, the American
Farm Bureau Federation, the National Corn Growers Association, the National
Council of Farmer Cooperatives, the National Sorghum Producers, and the
Renewable Fuels Association stated that the (blender) tax credit is
available to refiners regardless of whether the ethanol blended is imported or
domestic. To prevent United States taxpayers from subsidizing foreign ethanol
companies, Congress passed an offset to the tax credit that foreign companies
pay in the form of a tariff.
.
The Food, Conservation, and Energy Act of 2008, as contained in the Conference Report to accompany H.R. 2419 in the 110th Congress, proposes to decrease the excise tax credit for blending ethanol from $0.51 to $0.45 per gallon, but extend the $0.54 per gallon temporary duty on imported ethanol, increasing the competitive disadvantage of ethanol imports in the United States marketplace. The legislation would transform a tariff designed to offset a domestic subsidy into a real import barrier of at least $0.09 per gallon.
The State of
California is adopting a Low Carbon Fuels Standard that requires a reduction in
the lifecycle greenhouse gas emissions from transportation fuels, and the
Energy Independence and Security Act of 2007 requires the United States to use
increasing quantities of advanced biofuels
that have lifecycle
greenhouse gas emissions that are at least 50 percent less than lifecycle
greenhouse gas emissions from gasoline.
The lifecycle
greenhouse gas emissions of ethanol vary depending on production methods and
feedstocks. These differences will impact the degree to which ethanol may be
used to meet low-carbon
fuel requirements under California law
and the Energy Independence and Security Act of 2007.
Sugar cane ethanol plants use biomass from sugar stalks as process energy, resulting in less fossil fuel input compared to current corn-to-ethanol processes.
The 2007
California Energy Commission Report, entitled Full Fuel Cycle
Assessment: Well-to-Wheels Energy Inputs, Emissions, and Water Impacts
,
concluded that the direct lifecycle greenhouse gas emissions of imported sugar
based ethanol are 68 percent lower than gasoline, while the direct lifecycle
greenhouse gas emissions of corn based ethanol from the Midwest are 15 to 28
percent lower than gasoline.
The cost to ship ethanol by sea from foreign production areas to California is competitive with the cost to ship ethanol by rail from the American Midwest, according to ethanol producers and importers.
Ethanol production will vary from region to region each year based on crop performance, and a global biofuels marketplace would permit mutually beneficial trade between producing regions capable of stabilizing both fuel and food prices.
In March 2007, the United States and Brazil entered into a strategic alliance to cooperate on advanced research for biofuels, develop biofuel technology, and expand the production and use of biofuels throughout the Western Hemisphere, especially in the Caribbean and Central America.
On March 9,
2007, President Bush stated it's in the interest of the United States
that there be a prosperous neighborhood. And one way to help spread prosperity
in Central America is for them to become energy producers.
.
According to a
February 2008 study by the Massachusetts Institute of Technology, titled
Biomass to Ethanol: Potential Production and Environmental
Impacts
, the current ethanol distribution system in the United States
is not capable of efficiently supplying ethanol to the East Coast
markets.
Ethanol Tax Parity
Not later than 30 days after the date of the enactment of this Act, and semiannually thereafter, the President shall reduce the temporary duty imposed on ethanol under subheading 9901.00.50 of the Harmonized Tariff Schedule of the United States by an amount equal to the reduction in any Federal income or excise tax credit under section 40(h), 6426(b), or 6427(e)(1) of the Internal Revenue Code of 1986 and take any other action necessary to ensure that the temporary duty imposed on ethanol under such subheading 9901.00.50 is equal to, or lower than, any Federal income or excise tax credit applicable to ethanol under the Internal Revenue Code of 1986.