Bill Text: NJ A1054 | 2010-2011 | Regular Session | Introduced
Bill Title: Requires specific reduction of sulfur content in heating oil, and scheduled increase of blending biofuels therein after July 1, 2011, unless requirements are waived by Governor pursuant to Executive Order.
Spectrum: Slight Partisan Bill (Democrat 31-17)
Status: (Introduced - Dead) 2010-01-12 - Introduced, Referred to Assembly Telecommunications and Utilities Committee [A1054 Detail]
Download: New_Jersey-2010-A1054-Introduced.html
STATE OF NEW JERSEY
214th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
Sponsored by:
Assemblywoman ANNETTE QUIJANO
District 20 (Union)
Assemblyman JOHN F. MCKEON
District 27 (Essex)
Assemblyman JOHN F. AMODEO
District 2 (Atlantic)
Assemblywoman VALERIE VAINIERI HUTTLE
District 37 (Bergen)
Assemblyman REED GUSCIORA
District 15 (Mercer)
Assemblyman PAUL D. MORIARTY
District 4 (Camden and Gloucester)
Assemblywoman LINDA R. GREENSTEIN
District 14 (Mercer and Middlesex)
Assemblywoman AMY H. HANDLIN
District 13 (Middlesex and Monmouth)
Co-Sponsored by:
Assemblyman Albano, Assemblywoman Riley, Assemblyman O'Scanlon, Assemblywoman Casagrande, Assemblymen Rible, Rudder, Scalera, Bramnick, Assemblywoman N.Munoz, Assemblymen Chiusano, Giblin, Assemblywomen Wagner, Watson Coleman, Assemblymen Polistina, Burzichelli, Assemblywomen Evans, Jasey, Assemblymen DeCroce, Mainor, Coughlin, Russo, Rumana, Wilson, DiCicco, Assemblywoman Pou, Assemblymen Fuentes, Johnson, Assemblywoman Voss, Assemblymen Prieto, Ramos, Assemblywoman Addiego, Assemblyman Caputo, Assemblywomen McHose, Coyle, Angelini, Lampitt, Assemblymen Milam, Greenwald and Cryan
SYNOPSIS
Requires specific reduction of sulfur content in heating oil, and scheduled increase of blending biofuels therein after July 1, 2011, unless requirements are waived by Governor pursuant to Executive Order.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act imposing certain ultra-low sulfur and biobased liquid content requirements on heating oil and supplementing Title 26 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. This act shall be known and may be cited as the "Ultra-Low Sulfur and Biobased Heating Oil Fuel Act of 2009."
2. As used in this act:
"Biobased liquid fuel" means a liquid fuel that is derived principally from renewable biomass and meets the specifications or quality certification standards for use in residential, commercial, or industrial heating applications established by ASTM International - ASTM D6751, or the appropriate successor standard, as the case may be.
"Biodiesel fuel" means the monoalkyl esters of long chain fatty acids derived from plant or animal matters which meet the registration requirements for fuels and fuel additives established by the United States Environmental Protection Agency under section 211 of the Clean Air Act, 42 U.S.C. s.7545, and the requirements of ASTM International - ASTM D6751.
"Heating oil" means heating fuel or fuel oil used for heating residential, commercial, or industrial properties, including No. 1 distillate, No. 2 distillate No. 6 distillate, a liquid blended with No. 1 distillate, No. 2 distillate, or No. 6 distillate with a 3% sulfate level, or a 5% biobased liquid fuel that meets the specifications or quality certification standards for use in residential, commercial, or industrial heating applications established by ASTM International.
"Renewable biomass" means a material, including crops and crop residues, trees and tree residues, organic portions of municipal solid waste, organic portions of construction and demolition debris, grease trap waste, and algae, that can be used for fuel but does not have a petroleum or other fossil fuel base.
"Renewable diesel fuel" means diesel fuel derived from biomass using a thermal depolymerization process which meets the registration requirements for fuels and fuel additives the United States Environmental Protection Agency under section 211 of the Clean Air Act, 42 U.S.C. s.7545, and the requirements of ASTM International - ASTM D975 or D396.
3. a. Notwithstanding any law, rule, regulation, or order to the contrary, on July 1, 2011 and thereafter, all heating oil sold for residential, commercial, or industrial heating uses within the State shall have a sulfur content of 15 parts per million or less.
b. The Governor, by Executive Order, may, for a period of 180 days, temporarily suspend the implementation and enforcement of subsection a. of this section, if the Governor determines, in consultation with the Department of Environmental Protection, that compliance with the requirement established in subsection a. of this section is not feasible because a sufficient amount of the required blend of heating oil is not commercially available, and cannot be made commercially available, to meet the anticipated demand within the State by July 1, 2011.
c. Upon determining that sufficient supplies of the required blend of heating oil can be made commercially available to meet the anticipated demand within the State, the Governor shall rescind any temporary suspension imposed pursuant to subsection b. of this section, and shall establish an implementation and enforcement date 180 days or more after the date on which sufficient supplies of the required blend of heating oil can be made commercially available at reasonable rates to meet the anticipated demand within the State.
4. a. Notwithstanding any law, rule, regulation, or order to the contrary, and in accordance with the compliance schedule established in this subsection, on July 1, 2011 and thereafter, all heating oil sold in the State for residential, commercial, or industrial uses, or for hot water heating within the State, shall contain at a minimum the specified percentage of biobased liquid fuel, unless such requirement has been waived pursuant to subsection b. of this section. The compliance schedule shall be as follows:
(1) from July 1, 2011 to June 30, 2012 ------ 3%
(2) July 1, 2012 to June 30, 2013 ------ 4%
(3) July 1, 2013 and thereafter ------ 5%.
b. The Governor, by Executive Order, may, for a period of 180 days, suspend the implementation and enforcement of paragraph (1), (2), or (3) of subsection a. of this section, if the Governor determines, in consultation with the Department of Environmental Protection, that meeting the compliance schedule established in subsection a. of this section is not feasible because a sufficient amount of the required blend of heating oil is not commercially available, and cannot be made commercially available, as determined by the Commissioner of Environmental Protection, to meet the anticipated demand within the State within the prescribed schedule.
c. Upon determining that a sufficient supply of the required blend of heating oil can be made commercially available to meet the anticipated demand within the State, the Governor shall rescind the suspension imposed pursuant to subsection b. of this section, and shall establish a compliance date for the blend of heating oil to contain the appropriate percentage of biobased liquid fuel. No compliance date established pursuant to this subsection may be 180 days or less after the date on which sufficient supplies of the required blend of heating oil can be made commercially available to meet the anticipated demand within the State.
d. In order to meet the percentage requirements established in subsection a. of this section, heating oil sold for residential, commercial, or industrial use or hot water heating within the State shall be blended at the wholesale point of distribution. Nothing in this subsection shall be interpreted as precluding any person from blending heating oil at other than the wholesale point of distribution for use by that person or any other person.
5. This act shall take effect immediately.
STATEMENT
This bill, entitled the "Ultra-Low Sulfur and Biobased Heating Oil Fuel Act of 2009," requires all heating oil sold on or after July 1, 2011 for residential, commercial, or industrial heating uses within this State to have an ultra-low sulfur content of no more than 15 parts per million, unless such a requirement is waived by the Governor pursuant to an Executive Order.
The bill also establishes a compliance schedule for the biobased liquid content of heating oil, unless waived by the Governor pursuant to an Executive Order, that requires heating oil sold in the State:
1) from July 1, 2011 to June 30, 2012 to have at least a three percent biobased liquid content;
2) from July 1, 2012 to June 30, 2013 to have at least a four percent biobased liquid content; and
3) from July 1, 2013 and thereafter to have a five percent biobased liquid content.
The bill authorizes the Governor to suspend the implementation and enforcement of the ultra-low sulfur and biobased liquid content requirements for a period of 180 days if the Governor determines, in consultation with the Department of Environmental Protection, that meeting such requirements is not feasible because sufficient amounts of the required blend of heating oil are not commercially available to meet anticipated demand. The bill authorizes the Governor to establish a new compliance date when sufficient supplies can be made available.
The bill requires that to meet the percentage requirements established in the compliance schedule in section 4 of the bill, heating oil shall be blended at the wholesale point of distribution but no person is precluded from blending heating oil at other than the wholesale point of distribution for use by that person or any other person.
