What's happening
This bill exempts coal-fired power plants converted to primarily biomass fuel from certain CO2 regulations under the Regional Greenhouse Gas Initiative.
Why it matters
Potentially accelerates the transition away from coal. by making it financially and regulatory easier for power plants to convert to biomass, which could help reduce reliance on coal and support renewable energy goals.
Economic impact on rural and high-unemployment regions. is highlighted, as the bill aims to sustain or create jobs in upstate New York where biomass facilities and related industries are often located.
Defines strict eligibility criteria. for exemptions, requiring at least 75% biomass use by weight, less than 5% fossil fuel heat input, and location within a military installation—limiting the scope and preventing broad loopholes.
Applies retroactively to previous control periods. (beginning with 2018), potentially providing immediate regulatory relief to qualifying facilities and encouraging prompt conversions.
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Who cares
Headline styles
Ease Rules for Biomass Plants
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to environmental conservation
- Referred to environmental conservation
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4192
2019-2020 Regular Sessions
IN SENATE
March 4, 2019
Introduced by Sen. RITCHIE -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation
AN ACT in relation to enacting the "biomass fired exception program" addressing the applicability of a CO2 budget trading program to biomass-fired electric generating facilities that have converted from coal-fired generation
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Short title. This act shall be known and may be cited as the "biomass fired exception program".
§ 2. Legislative intent. The legislature hereby finds and declares that it is in the economic and environmental interests of the citizens of the state of New York to support and encourage renewable energy generation through the conversion of coal-fired electric generating facilities to biomass-fired facilities. The combustion of biomass offers a sustainable and manageable carbon lifecycle since the materials included in biomass generally absorb atmospheric carbon during their lifecycle and then return it to the atmosphere during combustion. This process mimics the natural lifecycle of plant life that can fall to the forest floor, decompose and return its carbon to the atmosphere.
The legislature further finds and declares that biomass production facilities support and sustain jobs, particularly in upstate New York, where more than four thousand people are employed directly or indirectly by the industry. In fact, many of the largest and most successful biomass facilities are located in parts of New York state that have high unemployment and are in desperate need of economic development. New York state also possesses an abundance of biomass fuel due to the large amount of untapped forest and agricultural land where biomass fuel can be collected. Biomass is the equivalent of solar energy stored in organic matter and is environmentally friendly while costing around one third of the cost of fossil fuels.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10415-01-9
S. 4192 2
As such, to the extent that operators of electric generating facilities in New York state are willing to convert formerly coal-fired facilities (boilers, combustion turbines, or combined cycle systems) to instead be fueled by biomass, state policy should encourage and support such conversions rather than discourage them. While new biomass-fired electric generating facilities are not required to acquire CO2 allowances under the regulations implementing the Regional Greenhouse Gas Initiative (RGGI) in New York state, former coal-fired facilities that convert to combusting biomass are still subject to RGGI's requirements under existing regulations, which effectively discourages such conversions. To remedy this situation, and consistent with the intent of RGGI to encourage more renewable energy generation, the legislature declares that formerly coal-fired electric generating facilities that convert to primarily biomass-fired facilities shall be treated in the same manner as a new biomass facility under the RGGI regulations.
§ 3. Definitions. For the purposes of this act "boiler", "combustion turbine", "combined cycle system", "eligible biomass" and "fossil fuel" shall have the same meanings as defined in 6 NYCRR Part 242-1.2.
§ 4. The commissioner of environmental conservation shall promulgate rules and regulations necessary to regard formerly coal-fired electric generating facilities that convert to primarily biomass-fired facilities in the same manner as a new biomass facility under the regional greenhouse gas initiative regulations. Such rules and regulations shall also provide that an electric generating facility, including any boiler, combustion turbine or combination cycle steam turbine, that meets the following conditions shall not be defined as fossil fuel-fired under the CO2 budget trading program (6 NYCRR Part 242):
(a) was formerly fossil fuel-fired due to the use of coal as its primary fuel,
(b) is no longer authorized to combust coal under its air title V facility permit issued by the department pursuant to 6 NYCRR subpart 201-6,
(c) uses eligible biomass comprising not less than 75 percent of its annual fuel purchases, as measured by weight,
(d) uses fossil fuel for less than 5 percent of its annual heat input, and
(e) is located within a military installation.
§ 5. This act shall take effect on the ninetieth day after it shall have become a law and shall apply to all control periods commencing with the control period that ended on December 31, 2018; provided however, that effective immediately the department of environmental conservation is authorized and directed to amend, revise and/or repeal any rule, regulation or policy necessary for the implementation of this act on or before such effective date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act in relation to enacting the "biomass fired exception program" addressing the applicability of a CO2 budget trading program to biomass-fired electric generating facilities that have converted from coal-fired generation
Purpose
To encourage the development of renewable energy generation through the conversion of coal-fired electric generating facilities to biomass-fired facilities.
Summary of provisions
Section 1: Gives the short title.
Section 2: States the legislature's intent.
Section 3: Provides certain definitions for the purposes of the act.
Section 4: Directs the Commissioner of Environmental Conservation to promulgate necessary rules and regulations pertaining to treatment of certain formerly coal-fired electric generating facilities.
Section 5: Sets forth the effective date.
Justification
New York State's efforts to encourage converting coal-fired electric generating facilities to use biomass at Fort Drum's military installa- tion has helped the upstate economy by creating new forestry-based jobs which have helped put people back to work while reducing pollution and CO2 emissions.
Encouraging investment in locally produced renewable energy sources such as biomass has also helped reduce the state's dependency on fossil fuels, a key goal of New York State's Regional Greenhouse Gas Initi- ative.
The RGGI has encouraged the development of renewable and sustainable energy sources using a market-based approach that has resulted in a cleaner environment and economic growth. New York's RGGI program already encourages the development of new biomass-fired electric generating facilities. But New York State can continue its leadership role in promoting environmentally friendly conversions of coal- fired facilities (boilers, combustion turbines, or combined cycle systems) by treating the Fort Drum biomass cogenerator plant conversion in the same manner as it treats the construction of new biomass facilities, under the RGGI regulations. The result will help encourage other companies to redevelop coal burning electrical generating facilities by converting them to biomass facilities while enhancing the financial viability of Fort Drum's cogenerating facility.
Keeping Fort Drum's cogenerating facility viable will also provide New York's 10th Mountain Division, the Army's most deployed military unit, with energy security by providing 100 percent of its electrical needs on base. Providing the military installation with its own independent power grid provides year-round, 24-hour power on base that is less vulnerable than conventional utility companies to natural disasters or terrorist attack.
Legislative history
2017-18 - S.6709A/A.8603A.
Fiscal implications
To be determined
Effective date
This act shall take effect on the ninetieth day after it shall have become a law and shall apply to all control periods commencing with the control period that ended on December 31, 2018; provided however, that effective immediately the department of environmental conservation is authorized and directed to amend, revise, and/or repeal any rule, regu- lation or policy necessary for the implementation of this act on or before such effective date.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.