Fiscal, Tax, Legislative, and Regulatory Recommendations
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The initial expenditures to jump-start a new domestic alternative liquid fuels manufacturing industry will require a tremendous investment of private capital. The risks associated with such an undertaking are perceived to be substantial given the historic volatility of oil prices and, more recently, those of natural gas. The most significant contribution the Federal and state governments can make to this endeavor is to lower the risk profile of investment. By mitigating risk, project sponsors, backed by large pools of private capital, will rush to build alternative liquid fuels plants in all 50 U.S. states, strengthening economies, creating millions of jobs, stabilizing fuel prices, and lessening our dependence on foreign oil.

The swift mobilization of private capital to fund alternative liquid fuels harvesting and manufacture is crucial to U.S. energy security and economic well being. It is a logical response to the liquid fuels “crisis” that DOE Secretary Bodman recognizes we now face.

The Southern States Energy Board recommends that the following capital funding policies be implemented to encourage the private sector to step forward on a massive scale. The specific fiscal, tax, legislative, and regulatory recommendations presented below are all designed to encourage private sector commitments to seize this opportunity and provide for America’s security and economic energy future.

Our recommendations are summarized below. Brief descriptions of each initiative follow.
Summary of Fiscal, Tax, Legislative, and Regulatory Recommendations
Description of Fiscal, Tax, Legislative, and Regulatory Recommendations
Extend the $0.50 Per Gallon Alternative Liquid Fuels Excise Tax Credit
The Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users, SAFETEA-LU 2005 extension, provides a $0.50 per gallon excise tax credit for certain alternative liquid fuels, including coal-to-liquids products. This incentive is set to expire in 2009, before any major new coal-to-liquids or oil shale plants can come online. Extension of the tax credit through 2020 and the inclusion of oil shale products will provide “real” market incentive to future alternative liquid fuel plant developers.
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Provide Accelerated Cost Recovery to Alternative Liquid Fuel Plant Owners
Authorization for 100 percent expensing in the year of outlay for any alternative liquid fuel plant begun by 2020 is recommended. This will provide a substantial reduced cost of capital incentive to build alternative fuels manufacturing capacity, with the government recapturing the deferred taxes in the early years of a plant’s operation(zero budget scoring).
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Incentivize Refining of Alternative Liquid Fuels
We recommend the extension of the now temporary expensing allowance for equipment used in refining to 100 percent of any required additions to existing refineries needed to handle domestic alternative liquid fuels products (see EPAct2005, § 1323). This incentive will redirect refinery owners to domestic, and away from imported feedstock sources.
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Provide Explicit DOE Authority and Appropriations for Loan Guarantees
The Energy Policy Act of 2005 establishes a loan guarantee program within DOE. However, the DOE view is that the Federal Credit Reform Act of 1990 contains a requirement preventing the DOE from issuing any loan guarantees until they have an authorization, including a loan volume limitation, in an appropriations bill. It is recommended that Congress provide explicit authorization in the form of a federal loan facility to support the first approximately 100,000 barrels per day of new commercial production capacity (ten 10,000 bpd plants +/-) for coal-to-liquids, , and oil shale-to-liquids facilities. Also provide appropriations for technologies demonstration, as provided in the Energy Policy Act of 2005.
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Fund the Military Alternative Fuels Testing and Development Program
The Department of Defense has a development program underway to evaluate, demonstrate, and certify turbine fuels from alternative energy resources for use in tactical vehicles, aircraft and ships. Fuel sources include Fischer-Tropsch fuels made from domestic coal, refined fuels derived from oil shale kerogen, and renewable/bio-based fuels. The ultimate goal is to develop a single Battlefield Use Fuel of the Future (BUFF). At the center of this development effort is a DoD fuel testing program, We encourage Congress to fully fund this critical program through FY2013. The military need is approximately $500 million over a 5-6 year period, beginning in 2007.
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Authorize Military and Other Government Entities to Purchases Alternative Fuels Under Long-term Contract
Total oil consumption by U.S. military forces is approximately 400,000 barrels per day. Through the development of BUFF specifications, it is believed that a substantial portion of this requirement can be met with domestically produced alternative liquid fuels. The DoD desires to enter into long term contracts for the purchase of alternative fuels made in the U.S. from domestic resources. This is part of DoD’s Total Energy Development Program (TED), with a stated mission to “catalyze industry development and investment in [alternative] energy resources.” Congressional support is encouraged for DoD’s TED program, including extending its long-term contracting capabilities from five to as long as 25 years. Appropriate and necessary authorizations and funding should be give high priority. DoD fuels purchases under long-term contract can help establish a foundation on which to build a new alternative fuels industry. And secure, high quality U.S. made alternative liquid fuels will help our military.
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Eliminate The $10 Million Cap for Tax Exempt Industrial Development Bonds
To encourage investment, certain pollution control and solid waste disposal facilities are currently not included in the $10 million limit on tax exempt Industrial Development Bonds (IDBs). It is recommended that alternative liquid fuels production facilities be added to this list of activities having no tax exempt IDB size limits. This will lower the cost of capital to build new alternative liquid fuels processing projects and to expand existing ethanol and biodiesel plants.
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Provide Regulatory Streamlining for the Production of Alternative Liquid Fuels

In order to facilitate the rapid scale-up of alternative liquid fuels production capabilities in the U.S., regulatory changes are necessary. Standardizing, simplifying and expediting the permitting process for manufacturing/processing facilities, mines, agricultural operations, and necessary infrastructure is crucial. The “not in my back yard” mentality, often accompanied by costly, time consuming litigation and anti-commercial environmentalist obstructionism, needs to be countered with legislation and leadership. Below are a few recommendations in this very important area. More will be forthcoming, especially recommendations for states.

  • Standardize, simplify and expedite permitting and siting with joint federal, state and local processes, policies and initiatives
  • Make appropriate federal, state and local government sites available for alternative liquid fuels manufacture, including Base Realignment And Closure (BRAC) military sites
  • Exempt initial alternative liquid fuels processing facilities from New Source Review (NSR) and National Ambient Air Quality Standards (NAAQS) offset requirements
  • Encourage local leadership to modify approaches to zoning and other land use and business regulations, to accommodate the strategically important new activities of alternative energy harvest and manufacture.
  • Prioritize, expand and promote the impressive reforestation work being done to dramatically accelerate the rate of tree growth by creating optimal soil conditions at reclaimed mine sites.
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Expand the Strategic Petroleum Reserve (SPR) Program to Include Alternative Liquid Fuels Products

Stockpiling crude oil in a centralized location has its limitations. Crude oil needs to be refined to be useful. The logistics of moving SPR crude to refineries having available capacity, and then transporting the refined products to locations in need, is cumbersome and takes time (time being of the essence in a crisis). There are only four centrally located SPR storage sites in the U.S.—two in Texas and two in Louisiana. All four sites are centrally situated on the hurricane-prone Gulf Coast, making them vulnerable to natural disaster and also to enemy attack.

Recommendations :

Congress should examine the feasibility of purchasing and storing “finished” alternative fuel products such as diesel fuel, jet fuel and heating oil at a number of locations strategic dispersed throughout the U.S., as an extension of the SPR program. Fischer-Tropsch (F-T) wax produced from coal, biomass, and perhaps even oil shale, may be an ideal product for this purpose. The F-T process is capable of making a biodegradable wax as an alternative to producing diesel and jet fuels. This wax has a very long shelf life, and can be upgraded to superior quality fuels much more quickly and inexpensively than crude oil. In general, a variety of alternative fuels could be purchased by the SPR under long-term contract to control costs, and to help establish a vibrant, rapidly expanding alternative fuels industry.

Congress should authorize sale of up to 50% of the crude oil currently in storage on the open market to fund available alternative liquid fuel purchases.

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Provide Incentives for Existing Ethanol Plants to Convert to Coal
Until very recently, the ethanol plant fuel source of choice (for process heat and electricity) was natural gas. With the recent run-up in natural gas prices, new ethanol plants are opting for coal firing. Like crude oil, limited domestic natural gas supplies have necessitated increasing imports of this fuel as LNG to produce ethanol. To promote energy efficiency and lower energy imports, we recommend providing for 100 percent expensing in the year of outlay for the cost of converting ethanol plants currently using natural gas to domestic coal, if the new plant is in service by 2010.
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Provide Incentives for Enhanced Oil Recovery (EOR) and Enhanced Coalbed Methane (ECBM) Recovery Using CO 2 Captured From Alternative Liquid Fuel Plants

The capture and use of the CO 2 from alternative liquid fuel plants can greatly expand domestic oil production from existing oil fields, and enhance methane recovery from coalbed methane operations. To lower the barriers to expanded use of CO 2 from alternative liquid fuels plants we recommend:

  • Exclusion of oil and coalbed methane production from the Alternative Minimum Tax (AMT).
  • Increase the investment tax credit to 50%
  • Provide Federal royalty and severance relief until the investment in CO 2 injection is recovered
  • Provide State royalty and severance tax relief until the investment in CO 2 injection is recovered
  • Provide access to Federal and State lands for construction of CO 2 pipelines
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Establish a Self-sustaining Government Corp. to Provide Market Risk Insurance
Congress is encouraged to establish the Strategic Energy Security Corporation (“SESC”), a self-funding, self-sustaining government corporation. The SESC is proposed to administer a new, “fuel-neutral,” alternative liquid fuels market insurance program to protect against predatory pricing by OPEC and others. More details on the SESC initiative are provided in an American Energy Security Study concept paper, available on request and also on the Southern States Energy Board website at www.SSEB.org/___________.
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Additional Recommendations
Issues and policy options related to the prioritization and catalyzing of a new domestic alternative liquid fuels industry are extremely complex and important. The policy recommendations provided in this paper are believed to be keys to the success of a comprehensive national initiative for alternative fuels harvesting and manufacturing initiative. The American Energy Security Study of the SSEB is developing additional policy recommendations, including recommendations for states.
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