Bill Text: NY A02129 | 2013-2014 | General Assembly | Introduced

---

Bill Title: Requires all heating oil sold within the counties of Nassau, Rockland, Suffolk and Westchester and the counties of the city of New York to be bioheating fuel that contains at least two percent biodiesel.

Spectrum: Partisan Bill (Democrat 16-0)

Status: (Engrossed - Dead) 2014-02-26 - enacting clause stricken [A02129 Detail]

Download: New_York-2013-A02129-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2129
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by  M.  of  A.  SWEENEY, WEISENBERG, JAFFEE, CRESPO, THIELE,
         ABINANTI, GALEF -- Multi-Sponsored by -- M. of A. BRENNAN,  GOTTFRIED,
         PERRY  --  read  once  and  referred to the Committee on Environmental
         Conservation
       AN ACT to amend the  environmental  conservation  law,  in  relation  to
         bioheating fuel requirements
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The environmental conservation law is amended by  adding  a
    2  new section 19-0327 to read as follows:
    3  S 19-0327. BIOHEATING FUEL REQUIREMENTS.
    4    (1)  DEFINITIONS. FOR THE PURPOSE OF THIS SECTION, THE FOLLOWING TERMS
    5  SHALL HAVE THE FOLLOWING MEANINGS:
    6    (A) "BIODIESEL" SHALL MEAN A FUEL, DESIGNATED  B100,  THAT  MEETS  THE
    7  SPECIFICATIONS  OF THE AMERICAN SOCIETY FOR TESTING AND MATERIALS DESIG-
    8  NATION D6751 COMPOSED EXCLUSIVELY OF MONO-ALKYL  ESTERS  OF  LONG  CHAIN
    9  FATTY ACIDS DERIVED FROM FEEDSTOCK.
   10    (B) "BIOHEATING FUEL" SHALL MEAN A FUEL COMPRISED OF BIODIESEL BLENDED
   11  WITH PETROLEUM HEATING OIL THAT MEETS THE SPECIFICATIONS OF THE AMERICAN
   12  SOCIETY  FOR  TESTING AND MATERIALS DESIGNATION D396 OR OTHER SPECIFICA-
   13  TIONS AS DETERMINED BY THE COMMISSIONER.
   14    (C) "HEATING OIL" SHALL MEAN PETROLEUM OIL REFINED FOR THE PURPOSE  OF
   15  USE  AS  FUEL FOR COMBUSTION IN A SPACE AND/OR WATER HEATING SYSTEM THAT
   16  MEETS THE SPECIFICATIONS OF THE AMERICAN SOCIETY FOR TESTING AND MATERI-
   17  ALS DESIGNATION D396  OR  OTHER  SPECIFICATIONS  AS  DETERMINED  BY  THE
   18  COMMISSIONER.
   19    (D)  "FEEDSTOCK"  SHALL  MEAN SOYBEAN OIL, OIL FROM ANNUAL COVERCROPS,
   20  ALGAL OIL, BIOGENIC WASTE OILS, FATS OR GREASES, OR NON-FOOD GRADE  CORN
   21  OIL, PROVIDED THAT THE COMMISSIONER MAY, BY RULES AND REGULATIONS, MODI-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02277-01-3
       A. 2129                             2
    1  FY  THE DEFINITION OF FEEDSTOCK BASED ON THE VEGETABLE OILS, ANIMAL FATS
    2  OR CELLULOSIC BIOMASS LISTED IN TABLE 1 OF 40 C.F.R. S 80.1426.
    3    (2) ON AND AFTER OCTOBER FIRST, TWO THOUSAND THIRTEEN, ALL HEATING OIL
    4  SOLD  FOR  USE  IN ANY BUILDING WITHIN THE COUNTIES OF NASSAU, ROCKLAND,
    5  SUFFOLK, WESTCHESTER AND THE COUNTIES OF THE CITY OF NEW YORK  SHALL  BE
    6  BIOHEATING FUEL THAT CONTAINS AT LEAST TWO PERCENT BIODIESEL.
    7    (3)  ON  AND  AFTER JULY FIRST, TWO THOUSAND FOURTEEN, ALL HEATING OIL
    8  SOLD FOR USE IN ANY BUILDING IN THE STATE SHALL BE BIOHEATING FUEL  THAT
    9  CONTAINS AT LEAST TWO PERCENT BIODIESEL.
   10    (4)  THE  GOVERNOR  MAY,  BY  ISSUING  AN EXECUTIVE ORDER, TEMPORARILY
   11  SUSPEND THE APPLICABILITY OF THIS SECTION  AT  ANY  TIME  BASED  ON  THE
   12  GOVERNOR'S DETERMINATION, AFTER CONSULTING WITH THE NEW YORK STATE ENER-
   13  GY  RESEARCH  AND DEVELOPMENT AUTHORITY AND THE DEPARTMENT, THAT MEETING
   14  THE REQUIREMENT OF SUBDIVISION TWO OF THIS SECTION IS NOT  FEASIBLE  DUE
   15  TO  LACK OF ADEQUATE SUPPLY OF BIODIESEL OR THAT MEETING THE REQUIREMENT
   16  WOULD RESULT IN UNDUE FINANCIAL HARDSHIP TO CONSUMERS.
   17    (5) THE REQUIREMENTS OF THIS SECTION SHALL NOT: (A) PROHIBIT THE  SALE
   18  AND  USE  OF  BIOHEATING FUEL WITH THE SAME OR ANY GREATER PERCENTAGE OF
   19  BIODIESEL BLENDED WITH HEATING OIL, OR THE SALE AND USE OF  ONE  HUNDRED
   20  PERCENT BIODIESEL, FOR SPACE AND/OR WATER HEATING PURPOSES IN THE STATE;
   21  AND  (B)  PREEMPT  ANY  LAWS  OF  THE  CITY  OF NEW YORK WITH RESPECT TO
   22  MANDATED PERCENTAGE LEVELS OF BIODIESEL BLENDS WITH HEATING OIL PROVIDED
   23  THAT SUCH LAWS REQUIRE THE  SAME  OR  GREATER  PERCENTAGE  OF  BIODIESEL
   24  BLENDED WITH HEATING OIL AS REQUIRED BY THIS SECTION.
   25    S 2. This act shall take effect immediately.