AN ACT CONCERNING BIOMASS FACILITIES.

Senate
SB422 / File No. 472 1

General Assembly File No. 472
February Session, 2026 Senate Bill No. 422

Senate, April 7, 2026

The Committee on Energy and Technology reported through
SEN. NEEDLEMAN of the 33rd Dist., Chairperson of the
Committee on the part of the Senate, that the bill ought to pass.

AN ACT CONCERNING BIOMASS FACILITIES.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:

Section 1. Subdivision (20) of subsection (a) of section 16-1 of the 2026 1
supplement to the general statutes is repealed and the following is 2
substituted in lieu thereof (Effective October 1, 2026): 3
(20) "Class I renewable energy source" means (A) electricity derived 4
from (i) solar power, (ii) wind power, (iii) a fuel cell, (iv) geothermal, (v) 5
anaerobic digestion or other biogas derived from biological sources, (vi) 6
thermal electric direct energy conversion from a certified Class I 7
renewable energy source, (vii) ocean thermal power, (viii) wave or tidal 8
power, (ix) low emission advanced renewable energy conversion 9
technologies, including, but not limited to, zero emission low grade heat 10
power generation systems based on organic oil free rankine, kalina or 11
other similar nonsteam cycles that use waste heat from an industrial or 12
commercial process that does not generate electricity, (x) (I) a run -of-13
the-river hydropower facility that began operation after July 1, 2003, has 14
a generating capacity of not more than sixty megawatts, is not based on 15
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a new dam or a dam identified by the Commissioner of Energy and 16
Environmental Protection as a candidate for removal, and meets 17
applicable state and federal requirements, including state dam safety 18
requirements and applicable site -specific standards for water quality 19
and fish passage, or (II) a run -of-the-river hydropower facility that 20
received a new license after January 1, 2018, under the Federal Energy 21
Regulatory Commission rules pursuant to 18 CFR 16, as amended from 22
time to time, is not based on a new dam or a dam identified by the 23
Commissioner of Energy and Environmental Protection as a candidate 24
for removal, and meets applicable state and federal requirements, 25
including state dam safety requirements and applicable site -specific 26
standards for water quality and fish passage, [(xi) a biomass facility, 27
provided such facility has executed an agreement to provide energy to 28
an electric distribution company prior to October 1, 2025, that (I) uses 29
sustainable biomass fuel and has an average emission rate of equal to or 30
less than .075 pounds of nitrogen oxides per million BTU of heat input 31
for the previous calendar quarter, or (II) has a capacity of less than five 32
hundred kilowatts that began construction before July 1, 2003, may be 33
considered a Class I renewable energy source for the duration of such 34
agreement,] or [(xii)] (xi) a nuclear power generating facility constructed 35
on or after October 1, 2023, or (B) any electrical generation, including 36
distributed generation, generated from a Class I renewable energy 37
source, provided, on and after January 1, 2014, any megawatt hours of 38
electricity from a renewable energy source described under this 39
subparagraph that are claimed or counted by a load -serving entity, 40
province or state toward compliance with renewable portfolio 41
standards or renewable energy policy goals in another province or state, 42
other than the state of Connecticut, shall not be eligible for compliance 43
with the renewable portfolio standards established pursuant to section 44
16-245a; 45
Sec. 2. Subsections (a) and (b) of section 16a -3u of the 2026 46
supplement to the general statutes are repealed and the following is 47
substituted in lieu thereof (Effective October 1, 2026): 48
(a) For the purposes of this section: 49
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(1) "Existing biomass power purchase agreement" means a power 50
purchase agreement that: (A) (i) Was entered into by a biomass facility 51
that uses sustainable biomass fuel and has an average emission rate of 52
less than or equal to .075 pounds of nitrogen oxides per million BTU of 53
heat input for the previous calendar quarter, or energy derived from a 54
biomass facility with a capacity of less than five hundred kilowatts that 55
began construction before July 1, 2003, with an electric distribution 56
company in the state on or before June 5, 2013, or (ii) was executed in 57
accordance with a solicitation pursuant to section 16a -3f or 16a-3h; and 58
(B) was in effect as of January 1, 2024. 59
(2) "Eligible biomass facility" means a biomass facility that uses 60
sustainable biomass fuel and has an average emission rate of less than 61
or equal to .075 pounds of nitrogen oxides per million BTU of heat input 62
for the previous calendar quarter, or energy derived from a biomass 63
facility with a capacity of less than five hundred kilowatts that began 64
construction before July 1, 2003, and that has entered into one or more 65
existing biomass power purchase agreements. 66
(3) "Additional biomass power purchase agreement" means a 67
biomass power purchase agreement that is entered into by an eligible 68
biomass facility and an electric distribution company pursuant to 69
subdivision (b) of this section, for such facility's energy . [, capacity and 70
environmental attributes, or any combination of such energy and 71
attributes.] 72
(4) "Electric distribution company" and "electric supplier" have the 73
same meanings as provided in section 16-1, as amended by this act. 74
(b) Not later than September 1, 2025, the Commissioner of Energy and 75
Environmental Protection shall initiate a proceeding to solicit proposals, 76
in consultation with the procurement manager identified in subsection 77
(l) of section 16 -2, and the Office of Consumer Counsel, in one 78
solicitation or multiple solicitations, for energy [and environmental 79
attributes] from eligible biomass facilities. The Commissioner of Energy 80
and Environmental Protection may direct any electric distribution 81
company to enter into one or more additional biomass power purchase 82
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agreements with any eligible biomass facility, provided any such 83
agreement considers the costs to operate such facility, is in the best 84
interest of ratepayers and supports the state's solid waste management 85
plan pursuant to section 22a -228. Any such additional power purchase 86
agreement shall begin upon the termination of the applicable existing 87
biomass power purchase agreements, and shall not exceed a period of 88
ten years. 89
This act shall take effect as follows and shall amend the following
sections:

Section 1 October 1, 2026 16-1(a)(20)
Sec. 2 October 1, 2026 16a-3u(a) and (b)

ET Joint Favorable

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The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of
the General Assembly, solely for purposes of information, summarization and explanation and do not
represent the intent of the General Assembly or either chamber thereof for any purpose. In general,
fiscal impacts are based upon a variety of informational sources, including the analyst’s professional
knowledge. Whenever applicable, agency data is consulted as part of the analysis, however final
products do not necessarily reflect an assessment from any specific department.

OFA Fiscal Note

State Impact: None
Municipal Impact: None
Explanation
The bill removes an exemption in PA 25 -173 for biomass facilities
with an executed agreement to provide energy to an electric distribution
company before October 1, 2025, and has no fiscal impact to the state.
The Out Years
State Impact: None
Municipal Impact: None

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OLR Bill Analysis
SB 422

AN ACT CONCERNING BIOMASS FACILITIES.

SUMMARY
PA 25 -173 removed biomass facilities from the types of energy
sources considered Class I renewable energy sources, but created an
exception for biomass facilities with an executed agreement to provide
energy to an electric distribution company (EDC; Eversource or United
Illuminating) before October 1, 2025. This bill removes that exception.
Specifically, the bill removes from Class I a ny biomass facility that
has an executed agreement to provide energy to an EDC before October
1, 2025, and:
1. uses sustainable biomass fuel and has an average emission rate
of up to .075 pound s of nitrogen oxides per million British
thermal units of heat input for the previous calendar quarter or
2. has a capacity of less than 500 kilowatts and began construction
before July 1, 2003.
Under current law, the biomass facility is considered a Class I
renewable energy source for the duration of its agreement. Generally,
removing a type of energy source from Class I makes these facilities
ineligible for benefits the law provides for Class I resources, such as
participation in certain power procurements administered by the
Department of Energy and Environmental Protection (DEEP) and the
ability to sell Class I renewable energy credits.
Relatedly, the bill removes a biomass facility’s environmental
attributes and capacity from the products that EDCs may purchase
through a DEEP solicitation authorized under existing law and makes
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conforming changes.
EFFECTIVE DATE: October 1, 2026
COMMITTEE ACTION
Energy and Technology Committee
Joint Favorable
Yea 14 Nay 12 (03/19/2026)