Bill Text: NY S03321 | 2021-2022 | General Assembly | Introduced

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

---

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: Bipartisan Bill

Status: (Engrossed - Dead) 2021-05-24 - SUBSTITUTED BY A7290 [S03321 Detail]

Download: New_York-2021-S03321-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          3321

                               2021-2022 Regular Sessions

                    IN SENATE

                                    January 28, 2021
                                       ___________

        Introduced  by Sens. KAMINSKY, PARKER -- read twice and ordered printed,
          and when printed to be committed 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], or the most recent specification.
    11    (b)  "Renewable Hydrocarbon Diesel" shall mean a domestically-produced
    12  fuel derived from [vegetable oils,  animal  fats,  and  other  renewable
    13  feedstocks]  an  eligible  feedstock  that [meet] meets the [most recent
    14  specifications] requirements of ASTM international  specification  D975,
    15  or  the  most  recent  specification.    Renewable hydrocarbon shall not
    16  include any fuel from co-processed biomass with a feedstock that is  not
    17  biomass.
    18    (c) "Bioheating fuel" shall mean a fuel comprised of biodiesel [blend-
    19  ed  with  petroleum  heating]  or  renewable  hydrocarbon diesel that is
    20  blended with heating oil that meets the [specifications] requirements of
    21  the [American Society for Testing and Materials designation] ASTM inter-
    22  national specification D396, or the most recent  specification,  a  fuel
    23  comprised  of  domestically-produced  renewable  hydrocarbon diesel with
    24  petroleum heating oil that meets the  specifications  of  ASTM  interna-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01146-01-1
        S. 3321                             2

     1  tional  specification D975, or other specifications as determined by the
     2  commissioner.
     3    (d)  "Heating oil" shall mean petroleum oil refined for the purpose of
     4  use as fuel for combustion in a space and/or water heating  system  that
     5  meets  the  [specifications]  requirements  of the [American Society for
     6  Testing and Materials designation] ATSM international specification D396
     7  or [other specifications as determined by  the  commissioner]  the  most
     8  recent specification.
     9    (e)  "Feedstock"  shall  mean soybean oil, canola oil, oil from annual
    10  cover crops, algal oil, biogenic waste oils, fats or  greases,  or  non-
    11  food  grade  corn  oil, provided that the commissioner may, by rules and
    12  regulations, modify the definition of feedstock based on  the  vegetable
    13  oils, animal fats or cellulosic biomass listed in table 1 of 40 C.F.R. §
    14  80.1426.
    15    (2)  On  and  after July first, two thousand eighteen, all heating oil
    16  sold for use in any building within the counties of Nassau, Suffolk  and
    17  Westchester shall be bioheating fuel that contains at least five percent
    18  biodiesel and/or renewable hydrocarbon diesel.
    19    (3)  On  or after July first, two thousand twenty-two, all heating oil
    20  sold for use in any building within the state shall be  bioheating  fuel
    21  that contains at least five percent biodiesel and/or renewable hydrocar-
    22  bon diesel.
    23    (4)  On or after July first, two thousand twenty-five, all heating oil
    24  sold for use in any building within the state shall be  bioheating  fuel
    25  that  contains at least ten percent biodiesel and/or renewable hydrocar-
    26  bon diesel.
    27    (5) On or after July first, two thousand thirty, all heating oil  sold
    28  for  use  in any building within the state shall be bioheating fuel that
    29  contains at least twenty percent biodiesel and/or renewable  hydrocarbon
    30  diesel.
    31    (6)  The  minimum content requirements of this section shall not apply
    32  to kerosene.
    33    [(3)] (7) The governor may, by issuing an executive order, temporarily
    34  suspend the applicability of this section  at  any  time  based  on  the
    35  governor's determination, after consulting with the New York state ener-
    36  gy  research  and development authority and the department, that meeting
    37  the requirement of subdivision two of this section is not  feasible  due
    38  to  lack of adequate supply of biodiesel or that meeting the requirement
    39  would result in undue financial hardship to consumers.
    40    [(4)] (8) The requirements of this section shall not: (a) prohibit the
    41  sale and use of bioheating fuel with the same or any greater  percentage
    42  of  biodiesel  blended  with  heating  oil,  or  the sale and use of one
    43  hundred percent biodiesel, for space and/or water  heating  purposes  in
    44  the state; and (b) preempt any laws of the city of New York with respect
    45  to  mandated  percentage  levels  of  biodiesel  blends with heating oil
    46  provided that such laws require the same or greater percentage of  biod-
    47  iesel blended with heating oil as required by this section.
    48    § 2. This act shall take effect immediately.