The Use of Biodigesters in the Treatment of Swine Manure …
107
6 Characteristics of Biogas-Related Legislation
Gas-related legislation appears in the Federal Constitution of Brazil of 1988, and
its article 25, § 2nd states that it is up to the states to directly exploit or grant local
piped gas services. In the State of Santa Catarina, the State Constitution of 1989
(in its article 8th, item VI) repeats the Federal Constitution of 1988 text, which
determines the exploitation of the piped gas service. However, it was only in 1993
(as of the publication of State Law No. 8,999) that the creation of Santa Catarina
Gas Company (SCGÁS) was established. It is responsible for meeting constitutional
obligations with distribution exclusivity, according to article 2nd. In 1994, State
Law 9,494 was published, defining the rules for the concession of public gas service
channeled to SCGÁS. Then, on March 28, 1994, the Concession Contract was signed
with exclusive gas distribution for the period of 50 (fifty) years, and in an exclusive
manner to the concessionaire. However, there was no anticipation by the legislator
for biogas, its production, transportation or use. Due to the lack of prediction, biogas
is then treated as a gas (in general). This generic aspect brought an additional legal
difficulty to the Biogas Project realization. Once, as stated in the aforementioned
legislation, SCGÁS would be the only entity with autonomy to use public roads for
gas transportation (with no possibility of delegation to third parties).
On July 4, 2018, after six months of negotiations (and with the consent of the
Santa Catarina State Services Regulatory Agency [ARESC]), a Technical Cooperation Agreement was signed between Eletrosul and SCGÁS. It established the
possibility of carrying out a R&D project in the State of Santa Catarina using public
roads to install piped gas network. Soon after, on July 12, 2018, the State of Santa
Catarina (through State Law No. 17,542) established the State Biogas Policy. It
constitutes a broad set of definitions, principles, objectives, instruments, guidelines,
regulatory aspects and from promotion to development of biogas (from the most
diverse sources) production and use throughout Santa Catarina. The new law highlights: (i) its concern with balanced production within the scope of the water, energy
and food nexus, since, as stated in its article 3rd, item I “the systemic vision of
biomass and biodigestion management, which considers environmental, economic,
cultural, social and technological variables” is the first of the legal principles that
must guide all subsequent legislation, and (ii) clear goals aiming at the “protection
of human and animal health and the environment,” at the same time that allowing the
reduction of stocks of “animal, urban and industrial wastes,” in addition to “stimulating environmental labeling and consumption,” according to items I, III and VII of
its article 4th.
Within the scope of the research and development project, the new legislation, in
addition to defining exactly what biogas is (thus differentiating it from gas in general),
in its article 16 establishes that “the biogas transportation and distribution, through
pipelines, do not equate to the distribution of piped natural gas.” Thus, authorizing
the use of public roads to drive the biogas from the production units to a gas recovery
center, by converting it into electrical energy (as is the scope of the Biogas Project)
107
6 Characteristics of Biogas-Related Legislation
Gas-related legislation appears in the Federal Constitution of Brazil of 1988, and
its article 25, § 2nd states that it is up to the states to directly exploit or grant local
piped gas services. In the State of Santa Catarina, the State Constitution of 1989
(in its article 8th, item VI) repeats the Federal Constitution of 1988 text, which
determines the exploitation of the piped gas service. However, it was only in 1993
(as of the publication of State Law No. 8,999) that the creation of Santa Catarina
Gas Company (SCGÁS) was established. It is responsible for meeting constitutional
obligations with distribution exclusivity, according to article 2nd. In 1994, State
Law 9,494 was published, defining the rules for the concession of public gas service
channeled to SCGÁS. Then, on March 28, 1994, the Concession Contract was signed
with exclusive gas distribution for the period of 50 (fifty) years, and in an exclusive
manner to the concessionaire. However, there was no anticipation by the legislator
for biogas, its production, transportation or use. Due to the lack of prediction, biogas
is then treated as a gas (in general). This generic aspect brought an additional legal
difficulty to the Biogas Project realization. Once, as stated in the aforementioned
legislation, SCGÁS would be the only entity with autonomy to use public roads for
gas transportation (with no possibility of delegation to third parties).
On July 4, 2018, after six months of negotiations (and with the consent of the
Santa Catarina State Services Regulatory Agency [ARESC]), a Technical Cooperation Agreement was signed between Eletrosul and SCGÁS. It established the
possibility of carrying out a R&D project in the State of Santa Catarina using public
roads to install piped gas network. Soon after, on July 12, 2018, the State of Santa
Catarina (through State Law No. 17,542) established the State Biogas Policy. It
constitutes a broad set of definitions, principles, objectives, instruments, guidelines,
regulatory aspects and from promotion to development of biogas (from the most
diverse sources) production and use throughout Santa Catarina. The new law highlights: (i) its concern with balanced production within the scope of the water, energy
and food nexus, since, as stated in its article 3rd, item I “the systemic vision of
biomass and biodigestion management, which considers environmental, economic,
cultural, social and technological variables” is the first of the legal principles that
must guide all subsequent legislation, and (ii) clear goals aiming at the “protection
of human and animal health and the environment,” at the same time that allowing the
reduction of stocks of “animal, urban and industrial wastes,” in addition to “stimulating environmental labeling and consumption,” according to items I, III and VII of
its article 4th.
Within the scope of the research and development project, the new legislation, in
addition to defining exactly what biogas is (thus differentiating it from gas in general),
in its article 16 establishes that “the biogas transportation and distribution, through
pipelines, do not equate to the distribution of piped natural gas.” Thus, authorizing
the use of public roads to drive the biogas from the production units to a gas recovery
center, by converting it into electrical energy (as is the scope of the Biogas Project)