Bill Text: NY S05817 | 2023-2024 | General Assembly | Introduced

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

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Bill Title: Relates to bioheating fuel requirements; allows B100 or B99 biofuel and R100 or R99 renewable fuel to be used to blend with or replace fossil heating oil in order to create bioheating fuel.

Spectrum: Bipartisan Bill

Status: (Introduced) 2024-06-07 - COMMITTED TO RULES [S05817 Detail]

Download: New_York-2023-S05817-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5817

                               2023-2024 Regular Sessions

                    IN SENATE

                                     March 17, 2023
                                       ___________

        Introduced  by  Sen.  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  amended by chapter 750 of the laws of 2021, paragraph (b) of subdivision
     3  1  and  subdivision  9  as  amended by chapter 5 of the laws of 2022, is
     4  amended to read as follows:
     5  § 19-0327. Bioheating fuel requirements.
     6    (1) Definitions. For the purpose of this section, the following  terms
     7  shall have the following meanings:
     8    (a)  ["Biodiesel"]  "Biofuel"  shall  mean  a fuel, designated B100 or
     9  R100, that meets the requirements of the ASTM  international  specifica-
    10  tion  D6751  or the requirements of the ASTM international specification
    11  D975.
    12    (b) ["Renewable Hydrocarbon Diesel" shall mean a  North  American-pro-
    13  duced fuel derived from vegetable oils, animal fats, and other renewable
    14  feedstocks  that  meet the requirements of ASTM international specifica-
    15  tion D975. Renewable hydrocarbon shall not include any fuel from co-pro-
    16  cessed biomass with a feedstock that is not biomass.
    17    (c)] "Bioheating fuel" shall mean a fuel, designated  B100,  comprised
    18  of [biodiesel] biofuel blended with petroleum heating oil that meets the
    19  requirements  of  the  ASTM  international  specification  D396,  a fuel
    20  comprised of domestically-produced [renewable hydrocarbon  diesel]  R100
    21  with  petroleum heating oil that meets the specifications of ASTM inter-
    22  national specification D975, or other specifications  as  determined  by
    23  the commissioner.
    24    [(d)]  (c)  "Heating  oil"  shall  mean  petroleum oil refined for the
    25  purpose of use as fuel for combustion in a space  and/or  water  heating

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01634-02-3
        S. 5817                             2

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