NY S06709

Establishes the "biomass fired exception program" to exempt formerly coal-fired electric generating facilities that convert to biomass fuel from CO2 budget trading requirements under the Regional Greenhouse Gas Initiative (RGGI).

Requires converted biomass facilities to meet five conditions: previously coal-fired, no longer authorized to burn coal under air permits, use eligible biomass for at least 75 percent of annual fuel purchases by weight, use fossil fuel for less than 5 percent of annual heat input, and be located within a military installation.

Directs the Department of Environmental Conservation to promulgate rules treating converted coal-to-biomass facilities the same as new biomass facilities under RGGI regulations.

Cites legislative findings that biomass conversion supports over 4,000 jobs in New York, particularly in economically distressed upstate regions, and offers sustainable carbon lifecycle benefits compared to coal.

Takes effect 90 days after enactment and applies retroactively to all control periods beginning with those ending December 31, 2017.