STATE OF NEW YORK
        ________________________________________________________________________

                                          8722

                   IN ASSEMBLY

                                    January 11, 2022
                                       ___________

        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. Paragraph (b) of subdivision 1 and subdivision 9 of section
     2  19-0327 of the environmental conservation  law, as amended by a  chapter
     3  of the laws of 2021 amending the environmental conservation law relating
     4  to  bioheating  fuel  requirements,  as  proposed  in  legislative bills
     5  numbers S. 3321-A and A. 7290, are amended to read as follows:
     6    (b) "Renewable Hydrocarbon Diesel"  shall  mean  a  [domestically-pro-
     7  duced]  North American-produced fuel derived from vegetable oils, animal
     8  fats, and other renewable feedstocks that meet the requirements of  ASTM
     9  international  specification  D975.    Renewable  hydrocarbon  shall not
    10  include any fuel from co-processed biomass with a feedstock that is  not
    11  biomass.
    12    (9) No bioheating fuel shall be sold to a customer that would void the
    13  manufacturer's  warranty  for  that  burner  or  boiler  type unless the
    14  bioheat provider warranties in writing to the customer that the  use  of
    15  such  bioheating  fuel  will be covered to the extent and time limits of
    16  the warranty then covering such burner or boiler[. The commissioner,  in
    17  consultation  with  the  department  of  financial services, shall issue
    18  regulations that strictly enforce such provisions].
    19    § 2. This act shall take effect on the  same  date  and  in  the  same
    20  manner  as  a  chapter  of  the laws of 2021, amending the environmental
    21  conservation law relating to bioheating fuel requirements,  as  proposed
    22  in legislative bills numbers S. 3321-A and A. 7290, takes effect.



         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01146-05-2