S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4585
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 17, 2023
                                ___________
 
 Introduced  by M. of A. BARRETT, HUNTER, STERN, BLANKENBUSH -- 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;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07855-01-3
 A. 4585                             2
              

 
   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-
 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.