Bill Text: NY A09392 | 2021-2022 | General Assembly | Introduced

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Bill Title: Adds waste to energy to the definition of renewable energy systems; defines waste to energy to mean thermal and non-thermal technologies that are able to produce energy from waste without direct combustion; defines biogas to include a mixture of gases produced from raw materials such as agricultural waste, manure, plant material, green waste and food waste.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2022-02-23 - referred to energy [A09392 Detail]

Download: New_York-2021-A09392-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9392

                   IN ASSEMBLY

                                    February 23, 2022
                                       ___________

        Introduced  by  M.  of  A.  WOERNER,  LUPARDO,  BARRETT -- read once and
          referred to the Committee on Energy

        AN ACT to amend the public service law, the  energy  law,  the  environ-
          mental  conservation law and the general municipal law, in relation to
          adding waste to energy systems to the definition of renewables

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

     1    Section  1.  Paragraph  (b)  of  subdivision  1 of section 66-p of the
     2  public service law, as added by chapter 106 of  the  laws  of  2019,  is
     3  amended and a new paragraph (c) is added to read as follows:
     4    (b) "renewable energy systems" means systems that generate electricity
     5  or thermal energy through use of the following technologies: solar ther-
     6  mal, photovoltaics, on land and offshore wind, hydroelectric, geothermal
     7  electric,  geothermal  ground  source  heat,  tidal energy, wave energy,
     8  ocean thermal, waste to energy, and fuel cells which do  not  utilize  a
     9  fossil fuel resource in the process of generating electricity[.];
    10    (c)  "waste to energy" means thermal and non-thermal technologies that
    11  are able to produce energy from waste without direct combustion.
    12    § 2. Subdivision 7 of section 1-103 of the energy law,  as  renumbered
    13  by  chapter 820 of the laws of 1976, is amended and a new subdivision 14
    14  is added to read as follows:
    15    7. "Fossil fuel" shall mean coal, petroleum products and  fuel  gases,
    16  except biogas.
    17    14.  "Biogas" shall include a mixture of gases produced from raw mate-
    18  rials such as agricultural waste, manure, plant  material,  green  waste
    19  and food waste.
    20    §  3.  Subdivision 4 of section 72-0301 of the environmental conserva-
    21  tion law, as amended by chapter 608 of the laws of 1993, is amended  and
    22  a new subdivision 17 is added to read as follows:
    23    4. "Combustion installation" means one or more furnace, device, engine
    24  or  turbine  in  which fossil fuel, biogas or wood is burned with air or
    25  oxygen and the air contaminant emissions  include  only  those  products
    26  resulting from:
    27    a. combustion of the fuel;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14305-03-2
        A. 9392                             2

     1    b. additives or impurities in the fuel; and
     2    c.  material  introduced  for  the purpose of altering air contaminant
     3  emissions.
     4    A combustion installation may consist of:
     5    (1) a single furnace exclusively connected to an air  cleaning  device
     6  or stack; or
     7    (2)  two or more furnaces connected to a common air cleaning device or
     8  stack.
     9    17. "Biogas" shall include a mixture of gases produced from raw  mate-
    10  rials  such  as  agricultural waste, manure, plant material, green waste
    11  and food waste.
    12    § 4. Paragraph e of subdivision 10 of section 75-0101 of the  environ-
    13  mental conservation law, as added by chapter 106 of the laws of 2019, is
    14  amended and a new subdivision 16 is added to read as follows:
    15    e.  [Anaerobic  digesters,  where  energy  produced is directed toward
    16  localized use] Waste to energy systems;
    17    16. "Waste to energy" means thermal and non-thermal technologies  that
    18  are able to produce energy from waste without direct combustion.
    19    §  5. Subdivision 7 of section 119-ff of the general municipal law, as
    20  amended by chapter 184 of the laws of 2020, is amended and a new  subdi-
    21  vision 9 is added to read as follows:
    22    7. "Renewable energy system" means an energy generating system for the
    23  generation  of  electric or thermal energy, to be used primarily at such
    24  property, except when the owner of real property is a commercial entity,
    25  by means of solar thermal, solar photovoltaic, wind, geothermal,  [anae-
    26  robic digester gas-to-electricity systems] waste to energy systems, fuel
    27  cell  technologies, or other renewable energy technology approved by the
    28  authority not including the combustion [or pyrolysis] of solid waste.
    29    9. "Waste to energy" means thermal and non-thermal  technologies  that
    30  are able to produce energy from waste without direct combustion.
    31    § 6. This act shall take effect immediately.