MISSISSIPPI LEGISLATURE
2024 Regular Session
To: Forestry
By: Representative Morgan
AN ACT TO PROVIDE THAT BIOENERGY PRODUCED FROM BIOMASS IS CONSIDERED RENEWABLE AND CARBON NEUTRAL; TO PROVIDE THAT WHEN THE BIOENERGY PRODUCED FROM BIOMASS IS PAIRED WITH BIOENERGY WITH CARBON CAPTURE AND STORAGE, THE BIOENERGY IS CARBON NEGATIVE; TO PROVIDE THAT BIOENERGY PRODUCED FROM AGRICULTURAL HARVESTING IS CONSIDERED RENEWABLE AND CARBON NEUTRAL; TO PROVIDE THAT WHEN THE BIOENERGY PRODUCED FROM AGRICULTURAL HARVESTING IS PAIRED WITH BIOENERGY WITH CARBON CAPTURE AND STORAGE, THE BIOENERGY IS CARBON NEGATIVE; TO BRING FORWARD SECTIONS 49-33-7, 57-39-45 AND 75-79-5, WHICH RELATE TO THE MISSISSIPPI AGRICULTURAL AND FORESTRY ACTIVITY ACT, COMPILATION OF DATA RELATED TO ENERGY RESOURCES, AND PULPWOOD SCALING AND PRACTICES, FOR PURPOSES OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) For purposes of this act, the following words and phrases shall have the meanings as defined in this section unless the context clearly indicates otherwise:
(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 process 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 Section 241.1 et seq., as it existed on January 1, 2023; and
(x) Other used wood products, including without limitation crates or pallets; and
(2) "Bioenergy with carbon capture and storage" means the process of capturing and permanently storing carbon dioxide from biomass energy generation.
(3) Bioenergy produced from biomass is considered renewable and carbon neutral.
(4) When the bioenergy produced from biomass is paired with bioenergy with carbon capture and storage, the bioenergy is carbon negative.
(5) Bioenergy produced from agricultural harvesting is considered renewable and carbon neutral.
(6) When the bioenergy produced from agricultural harvesting is paired with bioenergy with carbon capture and storage, the bioenergy is carbon negative.
SECTION 2. Section 49-33-7, Mississippi Code of 1972, is brought forward as follows:
49-33-7. For the purposes of this chapter, the following words and phrases shall have the meanings ascribed to them in this section:
(a) "Act" shall mean the Mississippi Agricultural and Forestry Activity Act.
(b) "Forest or agricultural land" means any land in the state devoted to the growing of trees or the commercial production of agricultural products or timber, wood or forest products including nongame species where the land is classified by the county as forest, agricultural or open land and being used as forest or agricultural land in the performance of forestry or agricultural activities.
(c) "Forestry activities" means any activity on forest land associated with the reforesting, growing, managing, protecting and harvesting of timber, wood and forest products including nongame species.
(d) "Agricultural activities" means any activities included under Section 27-35-50(4) as agricultural purposes.
(e) "Inverse condemnation" means any action by the State of Mississippi that prohibits or severely limits the right of an owner to conduct forestry or agricultural activities on forest or agricultural land. Inverse condemnation shall not include an action by the state that is:
(i) A taking as defined in paragraph (l) of this section;
(ii) A result of police power to prohibit activities that are noxious in fact or are harmful to the public health and safety; or
(iii) An order issued as a result of a violation of state law; or
(iv) An action as prescribed by the Mississippi Commission on Wildlife, Fisheries and Parks as set forth in Sections 49-7-1 through 49-7-257 or concerning the closing or shortening of open seasons as set forth in Section 49-1-29(a).
(f) "Noxious in fact" means an activity that constitutes a public nuisance under common law.
(g) "Owner" means the holder of legal or equitable title to:
(i) Forest or agricultural land or timber, wood or forest products, including the management of nongame species thereon; or
(ii) Personal property rights associated with conducting forestry or agricultural activities on forest or agricultural land.
(h) "Prohibits or severely limits" means to reduce the fair market value of forest or agricultural land (or any part or parcel thereof) or timber, wood or forest products including nongame species (or any part or parcel thereof) or personal property rights associated with conducting forestry or agricultural activities on the forest or agricultural land by more than forty percent (40%) of their value before the action.
(i) "Public health and safety" means actions by the State of Mississippi based upon its police powers. Public health and safety actions prohibiting or severely restricting forestry or agricultural activities shall be:
(i) Taken only in response to real and substantial threats to public health and safety;
(ii) Designated to significantly advance the health and safety purpose; and
(iii) No greater than necessary to achieve the health and safety purpose.
(j) "State of Mississippi" or "state" means the State of Mississippi, any county, municipality or any political subdivision thereof.
(k) "State law" means any statute, rule, regulation, ordinance, resolution or similar action by the State of Mississippi validly existing and as interpreted on October 1, 1994. State law shall not include:
(i) Any judicial or executive interpretation of a state law after October 1, 1994, that prohibits or severely limits the conducting of forestry or agricultural activities that were not prohibited or severely limited before October 1, 1994; or
(ii) Any legislative amendment, interpretation or enactment by the state after October 1, 1994, that prohibits or severely limits the conducting of forestry or agricultural activities (except such actions that are the result of police power to prohibit activities that are noxious in fact or are harmful to the public health and safety).
(l) "Taking" means any action by the State of Mississippi under the Fifth Amendment to the United States Constitution, the Fourteenth Amendment to the United States Constitution, or Article III, Section 17 of the Mississippi Constitution where the owner is entitled to compensation for the fair market value of the owner's property or some part thereof (or required to forfeit the property in accordance with state forfeiture laws). Taking shall include the formal exercise of the power of eminent domain, the seizure or forfeiture of property for violations of law or as evidence in criminal proceedings or the issuance of orders authorized by statute or issued by a state agency or court of law for violations of state law. Taking shall not include the repealing of any state action that lessens interference with the conduct of forestry or agricultural activities.
(m) "Personal property" means any interest acquired by deed, lease, contract or agreement in standing or severed timber, wood or forest products.
SECTION 3. Section 57-39-45, Mississippi Code of 1972, is brought forward as follows:
57-39-45. (1) The division shall be responsible for compiling on an ongoing basis data related to the energy resources, both natural and manmade, of the State of Mississippi. This information shall be compiled from trusted and verified sources for the purposes of aggregation for analysis and dissemination to partners and the public with the intent to maximize the energy resources of the state.
(2) Biomass resources. The division shall be responsible for maintaining a current database and map of biomass feedstocks found in the State of Mississippi. The division shall work with the Mississippi Forestry Commission, the Department of Agriculture, the institutions of higher learning, and other knowledgeable partners to produce and maintain accurate data on the renewable biomass resources of the state. The division shall analyze the data and prepare reports on a regular basis in order to highlight and promote the biomass resources of the state.
(3) Energy infrastructure. The division shall be responsible for maintaining a current database and map of the infrastructure that transports energy fuels and products across the state. The division shall analyze the data and prepare reports on a regular basis in order to highlight and promote the energy infrastructure of the state.
(4) Energy production and reserves. The division shall be responsible for maintaining information from all readily available resources on the energy production capacity in the state. The division shall maintain information on the energy reserves of the state.
(5) Reports and publications. The division shall produce reports, white papers, or articles for placement in targeted publications that include information to promote Mississippi as a leader in the energy sector.
SECTION 4. Section 75-79-5, Mississippi Code of 1972, is brought forward as follows:
75-79-5. The following words and phrases, as used in this chapter, shall have the meanings respectively ascribed to them in this section, except where the context or subject matter otherwise requires:
(a) "Person" means any individual, firm, copartnership, association, corporation, receiver, trustee, legal representative, organization or any other group or combination acting as a unit.
(b) "Commissioner" means the Mississippi Commissioner of Agriculture and Commerce.
(c) "Pulpwood" means any timber product delivered to a receiving facility in short-length form, eight (8) feet or less, and intended for use as a raw material in the manufacture of pulp and pulp products.
(d) "Pulpwood cutter-hauler" or "cutter-hauler" means any person engaging in or continuing to engage in this state in the business of severing and carrying pulpwood.
(e) "Pulpwood receiving facility" or "facility" means any woodyard, pulpmill or other place of business at which pulpwood is received from pulpwood cutter-haulers as herein defined in the regular course of business.
(f) "Facility operator" means any person who owns, operates or manages a pulpwood receiving facility as herein defined. Provided, however, that any landowner who shall pay employees an hourly wage to both cut and collect pulpwood on his private property shall not be deemed a facility operator under the provisions of this chapter.
SECTION 5. This act shall take effect and be in force from and after July 1, 2024.