An Act ENROLLED SENATE BILL NO. 19 By: Burns, Bullard, and Rogers of the Senate and Caldwell (Trey) of the House An Act relating to carbon capture technologies; defining terms; requiring energy produced from certain sources be considered carbon neutral; requiring energy produced from certain sources in conjunction with car bon capture technologies be considered carbon ne gative; providing for codification; and providing an effective date . SUBJECT: Carbon capture technolo gies BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: SECTION 1. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 3-5-111 of Title 27A, unless there is created a duplication in numb ering, reads as follow s: A. As used in this section: 1. “Biomass” means bioenergy feedstocks from forest products manufacturing, which may include but not be limited to: a. forest products’ manufacturing residuals including but not limited to spent pulping liquors, pulping by- products, woody manufacturing residuals, paper recycling residuals, wastewater and process water ENR. S. B. NO. 19 Page 2 treatment plant residuals, a nd anaerobic digester biogas, b. harvest residues, including trees or portions of harvested trees that are too small or too poor of quality to be utilized for wood or paper products, c. downed wood from extreme weather events or natural disasters, nonhazardous landscape or right-of-way trimmings and municipal trimmings , and plant material removed for purposes of invasive or noxious plant species control, d. biowaste, including landfill gas, e. forest biomass derived from residues created as a by- product of timber harvesting, f. forest management activities conduct ed for strand improvement or to increase y ield, ecological restoration, or to maintain or enhance forest health, g. biomass materials recognized by the United States Environmental Protection Age ncy as fuels under 40 CFR part 241.4, and h. other used wood products , such as crates or pallets; 2. “Bagasse biomass” means the solid, heterogeneous, and fibrous agricultural waste that remains after extracting the liquid from sugarcane stalks. Such waste may derive from: a. factory bagasse, obtained from the industrial extraction process, containing only trace amounts of sugarcane liquid, or b. pressed cane stalks or farm ba gasse, obtained from on- farm or small factory extraction, containing comparatively higher amounts of sugarcane liquid ; and ENR. S. B. NO. 19 Page 3 3. “Bioenergy with carbon capture and storage” means the process of capturing and permane ntly storing carbon dioxide fr om biomass energy generation. B. Energy produced from bioenergy feedstocks from forest products manufacturing shall be considered renewable and carbon neutral. When bioenergy is paired with carbon capture and storage, as described in paragraph 3 of subsection A of th is section, such energy shall be considered carbon negative. C. Energy produced from agricultural harvesting, including bagasse produced from sugarcane processing shall be considered renewable and carbon neutral. When paired with carbon capture technologies, as defined in paragraph 3 of subsection A of this section, such energy shall be considered carbon negative. SECTION 2. This act shall become effective November 1, 2023. ENR. S. B. NO. 19 Page 4 Passed the Senate the 20th day of March, 2023. Presiding Officer of the Senate Passed the House of Representatives the 17th day of April, 2023. Presiding Officer of the House of Representatives OFFICE OF THE GOVERNOR Received by the Office of the Governor this ______ ______________ day of _________________ __, 20_______, at _______ o'clock _______ M. By: _______________________________ __ Approved by the Governor of the State of Oklahoma this _____ ____ day of _________________ __, 20_______, at _______ o'clock _______ M. _________________________________ Governor of the State of Oklahoma OFFICE OF THE SECRETARY OF STATE Received by the Office of the Secretary of State this _______ ___ day of __________________, 20 _______, at _______ o'clock _______ M. By: _________________________________