S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9127
 
                           I N  A S S E M B L Y
 
                             January 31, 2022
                                ___________
 
 Introduced by M. of A. CUSICK -- 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:

   Section 1. Legislative findings and  intent.  The  legislature  hereby
 finds and determines that:
   Since  the  inception of New York's renewable energy policy, beginning
 with the Public Service Commission's order approving the Renewable Port-
 folio Standard (RPS) in 2004, biomass has been  considered  a  renewable
 resource  and  has  been  helping New York advance towards its renewable
 energy targets for nearly two decades;
   To date, New York's renewable energy programs have supported two biom-
 ass projects totaling 69.3 megawatts;
   To further promote and incentivize the development of renewable  ener-
 gy, New York state recently adopted the Climate Leadership and Community
 Protection  Act  (CLCPA),  which,  among other things, mandates that, by
 2030, 70% of electricity consumed in the state will come from  renewable
 energy systems and 100% of such electricity be zero-emitting by 2040;
   Unlike  the  state's  previous  programs, the CLCPA excluded bioenergy
 from the definition of  "renewable  energy  systems,"  thus  eliminating
 financial  program  support  for  biomass  facilities upon expiration of
 existing contracts;
   Today, while the Climate Action Council, as established by the  CLCPA,
 continues  to  debate  the role of bioenergy in New York's policies, New
 York's last remaining utility-scale biomass facility, located  within  a
 military  installation,  faces  closure  in  2023 upon expiration of the
 current Renewable Energy Credit (REC) contract with the New  York  State
 Energy Research and Development Authority;
   In  addition  to  the environmental benefits of biomass that have been
 repeatedly proven since the establishment of the RPS in 2004, New York's
 single biomass facility located within a military installation  provides
 100% of Fort Drum's electricity, providing energy security and resilien-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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 A. 9127                             2
 
 cy.  It sells its excess electricity to the grid, supports more than 300
 direct and indirect jobs, and has annual spending of  over  $25  million
 annually; and
   Finally,  the overlying intent of this act is to allow for the contin-
 ued operation of New York's last remaining utility-scale biomass facili-
 ty, which is located within a military installation, through the  exten-
 sion of the existing REC contract until November 30, 2034 or until other
 compensation  for  the attributes associated with electricity generation
 via biomass is available.
   § 2. Notwithstanding any other law, rule, regulation or order  to  the
 contrary,  any  existing  electric  generating facility located within a
 military installation and that utilizes untreated,  uncontaminated,  and
 source-separated  biomass  that  is woody or herbaceous matter grown for
 the purpose of being  consumed  as  an  energy  feedstock  and  that  is
 harvested  using  sustainable forest management practices and guidelines
 as outlined by the department of  environmental  conservation  shall  be
 deemed  a renewable energy system within the renewable energy program as
 established by the public service commission by its  order  adopting  or
 modifying  the  clean  energy  standard;  provided that such designation
 shall be in effect until November 30, 2034 or until there  is  available
 other  compensation  for  the attributes associated with the electricity
 generation of an existing biomass facility  located  within  a  military
 installation  sufficient to ensure continued operation of such facility;
 and further provided that any existing renewable energy credit  contract
 currently in force between the New York state energy research and devel-
 opment authority and such a facility shall be extended until such date.
   § 3. This act shall take effect immediately.