Bill Text: NY A07290 | 2021-2022 | General Assembly | Introduced


Bill Title: Relates to bioheating fuel requirements and bioheating fuel tax credits; requires all heating oil sold for use in any building in the state on and after July 1, 2022 be bioheating fuel.

Spectrum: Partisan Bill (Democrat 13-0)

Status: (Passed) 2021-12-22 - approval memo.113 [A07290 Detail]

Download: New_York-2021-A07290-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          7290

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                       May 4, 2021
                                       ___________

        Introduced  by  M.  of  A.  ENGLEBRIGHT -- 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. Section 19-0327 of the environmental conservation  law,  as
     2  added by chapter 315 of the laws of 2017, is amended to read as follows:
     3  § 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]  requirements  of the [American Society for Testing and
     8  Materials designation] ASTM international specification D6751  [composed
     9  exclusively  of mono-alkyl esters of long chain fatty acids derived from
    10  feedstock].
    11    (b) "Renewable Hydrocarbon Diesel" shall mean a  domestically-produced
    12  fuel  derived  from  vegetable  oils,  animal  fats, and other renewable
    13  feedstocks that meet the [most recent  specifications]  requirements  of
    14  ASTM  international specification D975.  Renewable hydrocarbon shall not
    15  include any fuel from co-processed biomass with a feedstock that is  not
    16  biomass.
    17    (c) "Bioheating fuel" shall mean a fuel comprised of biodiesel blended
    18  with  petroleum heating oil that meets the [specifications] requirements
    19  of the [American Society for Testing  and  Materials  designation]  ASTM
    20  international  specification D396, a fuel comprised of domestically-pro-
    21  duced renewable hydrocarbon diesel with petroleum heating oil that meets
    22  the specifications of ASTM international specification  D975,  or  other
    23  specifications as determined by the commissioner.
    24    (d)  "Heating oil" shall mean petroleum oil refined for the purpose of
    25  use as fuel for combustion in a space and/or water heating  system  that

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11203-01-1

        A. 7290                             2

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