March 16, 2023
By:
Walter G. Wright
Category:
Arkansas Environmental, Energy, and Water Law
Arkansas Environmental, Energy, and Water Law
Download PDF
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.
The Between the Lines blog is made available by Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C. and the law firm publisher. The blog site is for educational purposes only, as well as to give general information and a general understanding of the law. This blog is not intended to provide specific legal advice. Use of this blog site does not create an attorney client relationship between you and Mitchell Williams or the blog site publisher. The Between the Lines blog site should not be used as a substitute for legal advice from a licensed professional attorney in your state.