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.
LBD14354-01-2
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.