94th Arkansas General Assembly: Legislation Introduced Addressing Bioenergy and Carbon Capture Technology

Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.

Senate Bill 407 (“SB407”) has been introduced addressing bioenergy and carbon capture technology.

State Senators and Representatives sponsoring the legislation include:

Senators

Representatives

Matt McKee

Mark Berry

Steve Crowell

Jon Eubanks

Ben Gilmore

Delia Haak

Blake Johnson

Brit McKenzie

Matt Stone

Marcus Richmond

Breanne Davis

Howard Beaty

Bart Hester

Keith Brooks

Greg Leding

Jack Fortner

David Wallace

Mike Holcomb

Justin Boyd

Stephen Meeks

Jonathan Dismang

Jeff Wardlaw

Jimmy Hickey

Wade Andrews

Jim Petty

Karilyn Brown

Alan Clark

Jimmie Gazaway

Scott Flippo

Lane Jean

Ricky Hill

Aaron Pilkington

Terry Rice

Sonia Eubanks Barker

 

Cameron Cooper

 

Zack Gramlich

 

Rick McClure

 

David Ray

SB407 would amend Ark. Code Title 15, Chapter 10, Subchapter 1 (Development of Economic and Natural Resources/Energy Conservation and Development) to add an additional section titled:

Bioenergy and Carbon Capture Technology

Key elements of the legislation include:

  • Require that energy produced from certain sources be considered carbon neutral
  • Require that energy produced from certain sources in conjunction with carbon capture technology be considered carbon negative

Key definitions and provisions include:

  • “Biomass” means bioenergy feedstocks from forest products 35 manufacturing, including without limitation:
    • Forest products manufacturing residuals . . .
    • Harvest residues . . .
    • Downed wood from extreme weather events or natural disasters
    • Nonhazardous landscape or right-of-way trimmings and municipal trimmings
    • Plant material removed for purposes of invasive or noxious plant species control
    • Biowaste, including without limitation landfill gas
    • Forest biomass derived from residues created as a byproduct of timber harvesting
    • Forest management activities conducted for timber stand improvement or to increase yield, ecological restoration, or to maintain or enhance forest health
    • Biomass materials described by the United States Environmental Protection Agency as fuels under 40 C.F.R. § 241.1 et seq., as it existed on January 1, 2023; and
    • Other used wood products, including without limitation crates or pallets

The legislation also provides that bioenergy produced from biomass is considered renewable and carbon neutral. In addition, bioenergy produced from agricultural harvesting is considered renewable and carbon neutral.

SB407 has been re-referred to the Senate Agriculture, Forestry and Economic Development Committee.

A copy of SB407 can be downloaded here.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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