NY State Senate Bill 2021-S8360

Senate Bill S8360

2021-2022 Legislative Session

Maintains the continued viability of the state's existing biomass facility which is located within a military installation

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Archive: Last Bill Status - In Senate Committee Energy And Telecommunications Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 16, 2022	referred to energy and telecommunications

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2021-S8360 (ACTIVE) - Details

See Assembly Version of this Bill:: A9127
Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Services
Versions Introduced in 2023-2024 Legislative Session:: S4566, A4585

2021-S8360 (ACTIVE) - Summary

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.

2021-S8360 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8360

SPONSOR: PARKER
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

To allow for the continued operation of a biomass facility located on a
military installation and providing 100% of the military installation's
electricity.

 
SUMMARY OF PROVISIONS:

Section 1: Legislative Intent

Section 2: Deems any existing electric generating facility located with-
in 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 a renewable
energy system within the Clean Energy Standard. This status, and the
existing renewable energy credit contract, shall continue until November
30, 2034 or until there is alternative compensation for the attributes
associated with the electricity generation of an existing biomass facil-
ity located within a military installation sufficient to ensure contin-
ued operation of such facility.

Section 2: Sets forth the effective date.

 
JUSTIFICATION:

Since the inception of New York's renewable energy policy, beginning
with the PSC Order approving the Renewable Portfolio Standard in 2004,
biomass has been considered a renewable technology and has been helping
New York advanced towards its renewable energy targets for nearly two
decades.

However, in 2019 the Legislature passed and the Governor signed the
Climate Leadership and Community Protection Act (CLCPA), legislation
that excluded bioenergy from the definition of "renewable energy
systems." The CLCPA also, for the first time in New York's history,
included statutorily defined renewable energy and emissions reduction
targets while creating a 22-member Climate Action Council (CAC) respon-
sible for developing a Scoping Plan to achieve the state's bold clean
energy and climate agenda.

Over the course of the last year, the CAC and its numerous Advisory
Panels have held hundreds of public meetings, reviewed studies and
collected comments from across the state in an effort to draft the Scop-
ing Plan. While the work of the Climate Action Council continues and the
final Scoping Plan will not be complete until December 2022, the role of
bioenergy continues to be discussed by many of the Advisory Panels and
the Council itself.


While the CAC continues the debate over the role of bioenergy, the only
grid-scale biomass facility in New York may be forced to terminate oper-
ations when its current NYSERDA REC contract expires in May 2023 if
bioenergy is no longer supported under the State's renewable energy
programs. In addition to the environmental benefits that a carbon-neu-
tral biomass facility provides, the baseload 60-MW Black River biomass
facility has other critical benefits, including economic benefits to the
North Country economy and energy security and resiliency for Fort Drum
and the U.S. Army's 10th Mountain Division.

Located inside the fence at the Fort Drum U.S. Army installation, the
Black River facility provides 100% of Fort Drum's energy and sells its
excess to the grid. ReEnergy invested more than $50 million to retrofit
this former coal-burning facility to utilize biomass as its fuel and to
construct an interconnection system between the facility and Fort Drum's
two substations, allowing the installation to operate as a microgrid,
providing energy security and resiliency for Fort Drum. Unlike other
renewable energy systems, the Black River biomass facility operates 24-7
while supporting approximately 300 direct and indirect jobs with an
annual spend of more than $25 million.

As the Climate Action Council works to develop the state's plan on meet-
ing New York's climate goals, this legislation is critical.to ensure the
Black River biomass facility continues operations and provides energy
security to Fort Drum, grid reliability while displacing fossil fuels
and supports the North Country's sustainable forest products industry.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S8360 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8360
 
                             I N  S E N A T E
 
                             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:
 
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD14354-01-2
 S. 8360                             2
 
 100% of Fort Drum's electricity, providing energy security and resilien-
 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.

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Senate Bill S8360

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Sponsored By

Kevin S. Parker