Bill Text: NY A07133 | 2011-2012 | General Assembly | Introduced

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Bill Title: Provides that diesel fuel that contains a concentration of sulfur that is less than or equal to fifteen parts per million shall not be sold or offered for sale unless such diesel fuel includes biodiesel as its lubrication additive.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-01-04 - referred to environmental conservation [A07133 Detail]

Download: New_York-2011-A07133-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7133
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                    April 13, 2011
                                      ___________
       Introduced by M. of A. HEVESI -- read once and referred to the Committee
         on Environmental Conservation
       AN  ACT  to amend the environmental conservation law and the agriculture
         and markets law, in relation to the sale of diesel fuel
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Section  19-0107 of the environmental conservation law is
    2  amended by adding a new subdivision 25 to read as follows:
    3    25. "BIODIESEL FUEL" MEANS  A  RENEWABLE,  BIODEGRADABLE,  MONO  ALKYL
    4  ESTER  COMBUSTIBLE  LIQUID  FUEL DERIVED FROM AGRICULTURAL PLANT OILS OR
    5  ANIMAL FATS AND THAT MEETS AMERICAN SOCIETY FOR  TESTING  AND  MATERIALS
    6  SPECIFICATION D6751 FOR BIODIESEL FUEL (B100) BLEND STOCK FOR DISTILLATE
    7  FUELS AS UPDATED.
    8    S  2.  Subdivision 2 of section 19-0301 of the environmental conserva-
    9  tion law is amended by adding a new paragraph f to read as follows:
   10    F. COOPERATE WITH THE DEPARTMENT OF AGRICULTURE AND MARKETS TO  ENSURE
   11  AN  EFFICIENT TRANSITION TO THE USE OF BIODIESEL FUEL AS THE LUBRICATION
   12  ADDITIVE FOR LOW-SULFUR DIESEL FUEL.
   13    S 3. Subdivision 1 of section 192-c of the agriculture and markets law
   14  is amended by adding a new paragraph k to read as follows:
   15    K. "BIODIESEL FUEL" MEANS A RENEWABLE, BIODEGRADABLE, MONO ALKYL ESTER
   16  COMBUSTIBLE LIQUID FUEL DERIVED FROM AGRICULTURAL PLANT OILS  OR  ANIMAL
   17  FATS  AND THAT MEETS AMERICAN SOCIETY FOR TESTING AND MATERIALS SPECIFI-
   18  CATION D6751 FOR BIODIESEL FUEL (B100) BLEND STOCK FOR DISTILLATE  FUELS
   19  AS UPDATED.
   20    S  4.  Subdivisions  11, 12 and 13 of section 192-c of the agriculture
   21  and markets law are renumbered subdivisions 12, 13  and  14  and  a  new
   22  subdivision 11 is added to read as follows:
   23    11.  A. UPON THE SATISFACTION OF THE CONDITIONS SET FORTH IN PARAGRAPH
   24  B OF THIS SUBDIVISION AND UPON PUBLICATION IN THE STATE REGISTER OF  THE
   25  CERTIFICATION  SET  FORTH  IN  SUBPARAGRAPH  (I)  OF PARAGRAPH B OF THIS
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06958-01-1
       A. 7133                             2
    1  SUBDIVISION AND, IF OCCURRING BEFORE JUNE THIRTIETH, TWO THOUSAND  THIR-
    2  TEEN  THE  CERTIFICATION SET FORTH IN CLAUSE (A) OF SUBPARAGRAPH (II) OF
    3  PARAGRAPH B OF THIS SUBDIVISION, A PERSON SHALL NOT SELL  OR  OFFER  FOR
    4  SALE  DIESEL  FUEL  THAT CONTAINS A CONCENTRATION OF SULFUR THAT IS LESS
    5  THAN OR EQUAL TO FIFTEEN PARTS  PER  MILLION  UNLESS  SUCH  DIESEL  FUEL
    6  INCLUDES BIODIESEL FUEL AS ITS LUBRICATION ADDITIVE.
    7    B. NO PERSON SHALL BE SUBJECT TO THE PROVISIONS OF PARAGRAPH A OF THIS
    8  SUBDIVISION UNTIL THE CONDITIONS SET FORTH IN SUBPARAGRAPHS (I) AND (II)
    9  OF THIS PARAGRAPH HAVE BEEN SATISFIED:
   10    (I)  THIRTY  DAYS AFTER THE COMMISSIONER HAS CERTIFIED THAT THE ANNUAL
   11  CAPACITY FOR THE PRODUCTION OF BIODIESEL  FUEL  IN  THIS  STATE  EXCEEDS
   12  TWELVE MILLION GALLONS; AND
   13    (II) THE EARLIER OF:
   14    (A)  EIGHTEEN  MONTHS  AFTER THE COMMISSIONER CERTIFIES THAT A FEDERAL
   15  ACTION ON TAXES IMPOSED, TAX CREDITS ALLOWED OR OTHER ACTION  CREATES  A
   16  TWO  CENT  OR GREATER REDUCTION IN THE PRICE ON TAXABLE DIESEL FUEL THAT
   17  CONTAINS AT LEAST TWO PERCENT BIODIESEL FUEL THAT IS SOLD IN THIS STATE;
   18  OR
   19    (B) JUNE THIRTIETH, TWO THOUSAND THIRTEEN.
   20    S 5. This act shall take effect immediately, provided that the commis-
   21  sioner of agriculture and markets  shall  notify  the  legislative  bill
   22  drafting  commission upon the occurrence of the certifications set forth
   23  in section four of this act in order that the commission may maintain an
   24  accurate and timely effective data base of the official text of the laws
   25  of the state of New York in furtherance of effecting the  provisions  of
   26  section  44  of the legislative law and section 70-b of the public offi-
   27  cers law.