Senate Bill 2059

AN ACT TO CREATE NEW SECTIONS IN TITLE 49, CHAPTER 19, MISSISSIPPI CODE OF 1972, TO DEFINE BIOMASS AND OTHER RELEVANT TERMS; TO REQUIRE THAT ENERGY PRODUCED FROM CERTAIN SOURCES BE CONSIDERED CARBON NEUTRAL; TO REQUIRE THAT ENERGY PRODUCED FROM CERTAIN SOURCES IN CONJUNCTION WITH CARBON CAPTURE TECHNOLOGIES BE CONSIDERED CARBON NEGATIVE; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. As used in this section:

(a) "Biomass" means bioenergy feedstocks from forest products manufacturing, including, without limitation:

(i) Forest products manufacturing residuals, including, without limitation:

1. Pulping liquors;

2. Pulping byproducts;

3. Woody manufacturing residuals;

4. Paper recycling residuals;

5. Wastewater and processed water treatment plant residuals; and

6. Anaerobic digester biogas;

(ii) Harvest residues, including, without limitation, trees or portions of harvested trees;

(iii) Downed wood from extreme weather events or natural disasters;

(iv) Nonhazardous landscape or right-of-way trimmings and municipal trimmings;

(v) Plant material removed for purposes of invasive or noxious plant species control;

(vi) Biowaste, including, without limitation, landfill gas;

(vii) Forest biomass derived from residues created as a byproduct of timber harvesting;

(viii) Forest management activities conducted for timber stand improvement or to increase yield, ecological restoration or to maintain or enhance forest health;

(ix) Biomass materials described by the United States Environmental Protection Agency as fuels under 40 CFR Statute 241.1 et seq., as it existed on January 1, 2023; and

(x) Other used wood products, including, without limitation, crates and pallets.

(b) "Bioenergy with carbon capture and storage" means the process of capturing and permanently storing carbon dioxide from biomass energy generation.

SECTION 2. (1) Bioenergy produced from biomass is considered renewable and carbon neutral. When the bioenergy produced from biomass is paired with bioenergy with carbon capture and storage, the bioenergy is carbon negative.

(2) Bioenergy produced from agricultural harvesting is considered renewable and carbon neutral. When the bioenergy produced from agricultural harvesting is paired with bioenergy with carbon capture and storage, the bioenergy is carbon negative.

SECTION 3. This act shall take effect and be in force from and after July 1, 2024.