Bill Text: NY A04585 | 2023-2024 | General Assembly | Introduced

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Bill Title: Maintains the continued viability of the state's existing biomass facility which is located within a military installation by deeming such facility a renewable energy system within the renewable energy program established by the public service commission by its order adopting or modifying the clean energy standard.

Spectrum: Slight Partisan Bill (Democrat 5-2)

Status: (Introduced - Dead) 2024-01-03 - referred to energy [A04585 Detail]

Download: New_York-2023-A04585-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4585

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 17, 2023
                                       ___________

        Introduced  by M. of A. BARRETT, HUNTER, STERN, BLANKENBUSH -- read once
          and referred to the Committee on Energy

        AN ACT to maintain the continued viability of the state's existing biom-
          ass facility which is located within a military installation

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Legislative  findings  and intent. The legislature hereby
     2  finds and determines that:
     3    Since the inception of New York's renewable energy  policy,  beginning
     4  with the Public Service Commission's order approving the Renewable Port-
     5  folio  Standard  (RPS)  in 2004, biomass has been considered a renewable
     6  resource and has been helping New York  advance  towards  its  renewable
     7  energy targets for nearly two decades;
     8    To date, New York's renewable energy programs have supported two biom-
     9  ass projects totaling 69.3 megawatts;
    10    To  further promote and incentivize the development of renewable ener-
    11  gy, New York state recently adopted the Climate Leadership and Community
    12  Protection Act (CLCPA), which, among other  things,  mandates  that,  by
    13  2030,  70% of electricity consumed in the state will come from renewable
    14  energy systems and 100% of such electricity be zero-emitting by 2040;
    15    Unlike the state's previous programs,  the  CLCPA  excluded  bioenergy
    16  from  the  definition  of  "renewable  energy systems," thus eliminating
    17  financial program support for  biomass  facilities  upon  expiration  of
    18  existing contracts;
    19    Today,  while the Climate Action Council, as established by the CLCPA,
    20  continues to debate the role of bioenergy in New  York's  policies,  New
    21  York's  last  remaining utility-scale biomass facility, located within a
    22  military installation, faces closure in  2023  upon  expiration  of  the
    23  current  Renewable  Energy Credit (REC) contract with the New York State
    24  Energy Research and Development Authority;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07855-01-3
        A. 4585                             2

     1    In addition to the environmental benefits of biomass  that  have  been
     2  repeatedly proven since the establishment of the RPS in 2004, New York's
     3  single  biomass facility located within a military installation provides
     4  100% of Fort Drum's electricity, providing energy security and resilien-
     5  cy.  It sells its excess electricity to the grid, supports more than 300
     6  direct and indirect jobs, and has annual spending of  over  $25  million
     7  annually; and
     8    Finally,  the overlying intent of this act is to allow for the contin-
     9  ued operation of New York's last remaining utility-scale biomass facili-
    10  ty, which is located within a military installation, through the  exten-
    11  sion of the existing REC contract until November 30, 2034 or until other
    12  compensation  for  the attributes associated with electricity generation
    13  via biomass is available.
    14    § 2. Notwithstanding any other law, rule, regulation or order  to  the
    15  contrary,  any  existing  electric  generating facility located within a
    16  military installation and that utilizes untreated,  uncontaminated,  and
    17  source-separated  biomass  that  is woody or herbaceous matter grown for
    18  the purpose of being  consumed  as  an  energy  feedstock  and  that  is
    19  harvested  using  sustainable forest management practices and guidelines
    20  as outlined by the department of  environmental  conservation  shall  be
    21  deemed  a renewable energy system within the renewable energy program as
    22  established by the public service commission by its  order  adopting  or
    23  modifying  the  clean  energy  standard;  provided that such designation
    24  shall be in effect until November 30, 2034 or until there  is  available
    25  other  compensation  for  the attributes associated with the electricity
    26  generation of an existing biomass facility  located  within  a  military
    27  installation  sufficient to ensure continued operation of such facility;
    28  and further provided that any existing renewable energy credit  contract
    29  currently in force between the New York state energy research and devel-
    30  opment authority and such a facility shall be extended until such date.
    31    § 3. This act shall take effect immediately.