Congress quietly revives biomass tax credits — who really benefits?
H.R. 9746 — Biomass Facility Construction Act · Filed by Kevin Kiley (I-CA) · Introduced Jul 16, 2026 · Referred to committee
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What it does
This bill reinstates and extends federal tax credits for companies that build new open-loop and closed-loop biomass energy facilities — plants that generate electricity by burning organic materials like wood, agricultural waste, or dedicated energy crops. It gives these facilities a 30% investment tax credit and restores production tax credits that had previously expired or been limited, applying to any facility whose construction begins after the bill is enacted. The primary beneficiaries are energy developers, construction firms, and biomass fuel suppliers, not ordinary consumers directly.
Why we flagged it
The bill's functional core is restoring and expanding federal tax credits — both investment and production credits — for biomass energy facility developers, making it primarily a targeted tax benefit for a specific energy sector rather than a broad public energy policy.
What the text implies
- Biomass combustion, while classified as renewable, produces particulate matter and CO2 emissions at the point of combustion; restoring these credits may incentivize facility construction in communities already burdened by air quality issues without requiring emissions standards upgrades.
- The bill removes prior termination limitations on production credits for new biomass facilities, effectively creating an open-ended subsidy window tied only to construction start date, which could result in significant long-term federal revenue loss not immediately apparent from the bill's framing.
The full analysis lists 4 implications of this text.
Who stands to gain
biomass energy facility developers; construction and engineering firms (e.g. Quanta Services / PWR); biomass fuel suppliers and forestry companies