Bill Text: NY S04762 | 2015-2016 | General Assembly | Introduced

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

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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 (Republican 1-0)

Status: (Introduced - Dead) 2016-02-11 - PRINT NUMBER 4762A [S04762 Detail]

Download: New_York-2015-S04762-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4762
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                    April 15, 2015
                                      ___________
       Introduced  by  Sen.  FUNKE  -- 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 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.
                                                                  LBD04628-01-5
       S. 4762                             2
    1  SUBDIVISION  AND, IF OCCURRING BEFORE JUNE THIRTIETH, TWO THOUSAND EIGH-
    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 EIGHTEEN.
   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.