Under the new rules, program costs are expected to total $461 million between 2011-2026. The financial arm of the USDA, the Commodity Credit Corporation (CCC), expects to spend $61 million on establishment payments, $4 million on annual payments, $132 million on matching payments and $3 million on technical assistance, for a total of $200 million in 2011. In 2012, the CCC expects to spend $61 million on establishment payments, $6 million on annual payments, $132 million on matching payments and $3 million on technical assistance, for a total of $202 million. An additional $61 million will be spent on annual payments from 2013-2026.  

The final rule leaves many questions unanswered, especially those surrounding how the new rules will be administered and implemented. Here are two of the most pressing:

• When will the eligible materials list be published?
• When will the application materials be available? 
• When will payments begin?

As the supporting documents are released by the FSA, we will continue to report further clarifications of this and any other provisions.

The final rule sets out a list of goals and principles governing the program going forward. These goals focus on new markets while protecting established markets:

·         New Energy Crop Feed­stocks

BCAP will reduce the financial risk of producers who support emerging biofuels markets. Crops include, but are not limited to, switchgrass, miscanthus, fast-growing woody poplar, jatropha, algae, energy cane, and pongamia.

·         Ensures additional produc­tion

--Promotes the cultivation of new biomass for new pur­poses.

--Doesn't penalize existing users of biomass for heat and power.

--Disallows windfalls or undue financial gains for producers seeking payment for using their own waste products in existing conversion practices.

·         Kick-starts liquid cellulosic biofuels to meet Renewable Fuel Standard targets

 BCAP provides bonus incen­tives for the cultivation of cellu­losic biofuels that have 60 percent lower lifecycle greenhouse gas emissions.

·         Protects existing markets

The USDA will determine if a local market exists for specific materials, and if so, will disqualify that material to protect existing markets.

 As we reported in our last issue, the definition of eligible materials has not changed. The new rules seek to limit eligibility for payments, however, by focusing on a set of requirements that must be met in addition to being on the eligible materials list.

 For those who may wish to explore growing eligible biomass crops, like fast-growing poplars and other woody perennial crops, the rule lays out the process for establishing a project area and the payment structure.