Bill Text: NY S08360 | 2021-2022 | General Assembly | Introduced


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: Bipartisan Bill

Status: (Introduced) 2022-02-16 - REFERRED TO ENERGY AND TELECOMMUNICATIONS [S08360 Detail]

Download: New_York-2021-S08360-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          8360

                    IN SENATE

                                    February 16, 2022
                                       ___________

        Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
          printed to be committed to the Committee on  Energy  and  Telecommuni-
          cations

        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;
    25    In  addition  to  the environmental benefits of biomass that have been
    26  repeatedly proven since the establishment of the RPS in 2004, New York's
    27  single biomass facility located within a military installation  provides

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14354-01-2

        S. 8360                             2

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