Bill Text: NY A07114 | 2023-2024 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relates to bioheating fuel requirements; allows B100 or B99 biofuel and R100 or R99 renewable fuel to be used to blend with or replace fossil heating oil in order to create bioheating fuel.

Spectrum: Slight Partisan Bill (Democrat 15-5)

Status: (Introduced) 2024-02-16 - print number 7114c [A07114 Detail]

Download: New_York-2023-A07114-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         7114--A

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                      May 11, 2023
                                       ___________

        Introduced  by M. of A. JONES -- read once and referred to the Committee
          on Environmental Conservation -- committee discharged,  bill  amended,
          ordered reprinted as amended and recommitted to said committee

        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.  Section 19-0327 of the environmental conservation law, as
     2  amended by chapter 750 of the laws of 2021, paragraph (b) of subdivision
     3  1 and subdivision 9 as amended by chapter 5 of  the  laws  of  2022,  is
     4  amended to read as follows:
     5  § 19-0327. Bioheating fuel requirements.
     6    (1)  Definitions. For the purpose of this section, the following terms
     7  shall have the following meanings:
     8    (a) ["Biodiesel"] "Biofuel" shall mean a fuel, produced in North Amer-
     9  ica designated B100, B99, R100, or R99, that meets the  requirements  of
    10  the  ASTM  international  specification D6751 or the requirements of the
    11  ASTM international specification D975. R100 or  R99  shall  not  include
    12  cessed  biomass with a feedstock that is not biomass; provided, however,
    13  that biofuel shall include R100 or  R99  produced  from  hydroprocessing
    14  renewable biomass feedstocks.
    15    (b)  ["Renewable  Hydrocarbon Diesel" shall mean a North American-pro-
    16  duced fuel derived from vegetable oils, animal fats, and other renewable
    17  feedstocks that meet the requirements of ASTM  international  specifica-
    18  tion D975. Renewable hydrocarbon shall not include any fuel from co-pro-
    19  cessed biomass with a feedstock that is not biomass.
    20    (c)]  "Bioheating  fuel"  shall  mean  a fuel, designated B100 or B99,
    21  comprised of [biodiesel] biofuel produced in North America blended  with
    22  petroleum  heating  oil that meets the requirements of the ASTM interna-
    23  tional specification D396, a  fuel  comprised  of  domestically-produced
    24  [renewable  hydrocarbon  diesel]  R100 or R99 with petroleum heating oil

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01634-05-3
        A. 7114--A                          2

     1  that meets the specifications of ASTM international specification  D975,
     2  or other specifications as determined by the commissioner.
     3    [(d)]  (c)  "Heating  oil"  shall  mean  petroleum oil refined for the
     4  purpose of use as fuel for combustion in a space  and/or  water  heating
     5  system  that  meets  the  requirements  of the [ATSM] ASTM international
     6  specification D396 or other specifications as determined by the  commis-
     7  sioner.
     8    [(e)]  (d)  "Feedstock"  shall mean soybean oil, oil from annual cover
     9  crops, algal oil, biogenic waste oils,  fats  or  greases,  or  non-food
    10  grade  corn  oil, provided that the commissioner may, by rules and regu-
    11  lations, modify the definition of feedstock based on the vegetable oils,
    12  animal fats or cellulosic biomass listed in  table  1  of  40  C.F.R.  §
    13  80.1426.
    14    (2)  On  and  after July first, two thousand eighteen, all heating oil
    15  sold for use in any building within the counties of Nassau, Suffolk  and
    16  Westchester shall be bioheating fuel that contains at least five percent
    17  [biodiesel] biofuel.
    18    (3)  On  or after July first, two thousand twenty-two, all heating oil
    19  sold for use in any building within the state shall be  bioheating  fuel
    20  that contains at least five percent [biodiesel] biofuel.
    21    (4)  On or after July first, two thousand twenty-five, all heating oil
    22  sold for use in any building within the state shall be  bioheating  fuel
    23  that contains at least ten percent [biodiesel] biofuel.
    24    (5)  On or after July first, two thousand thirty, all heating oil sold
    25  for use in any building within the state shall be bioheating  fuel  that
    26  contains at least twenty percent [biodiesel] biofuel.
    27    (6)  The  minimum content requirements of this section shall not apply
    28  to kerosene.
    29    (7) The governor may,  by  issuing  an  executive  order,  temporarily
    30  suspend  the  applicability  of  this  section  at any time based on the
    31  governor's determination, after consulting with the New York state ener-
    32  gy research and development authority and the department,  that  meeting
    33  the  requirement  of subdivision two of this section is not feasible due
    34  to lack of adequate supply of [biodiesel] biofuel or  that  meeting  the
    35  requirement would result in financial hardship to consumers.
    36    (8)  The requirements of this section shall not: (a) prohibit the sale
    37  and use of bioheating fuel with the same or any  greater  percentage  of
    38  [biodiesel] biofuel blended with heating oil, or the sale and use of one
    39  hundred  percent  [biodiesel]  biofuel,  for  space and/or water heating
    40  purposes in the state; and (b) preempt any laws of the city of New  York
    41  with respect to mandated percentage levels of [biodiesel] biofuel blends
    42  with  heating  oil  provided  that such laws require the same or greater
    43  percentage of [biodiesel] biofuel blended with heating oil  as  required
    44  by this section.
    45    (9) No bioheating fuel shall be sold to a customer that would void the
    46  manufacturer's  warranty  for  that  burner  or  boiler  type unless the
    47  [bioheat] bioheating fuel provider warranties in writing to the customer
    48  that the use of such bioheating fuel will be covered to the  extent  and
    49  time limits of the warranty then covering such burner or boiler.
    50    § 2. This act shall take effect immediately.