Bill Text: NY S06344 | 2019-2020 | 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, 2021 be bioheating fuel that contains a minimum percent biodiesel or renewable hydrocarbon diesel.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2019-06-05 - REFERRED TO RULES [S06344 Detail]

Download: New_York-2019-S06344-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          6344

                               2019-2020 Regular Sessions

                    IN SENATE

                                      June 5, 2019
                                       ___________

        Introduced  by Sens. KAMINSKY, PARKER -- read twice and ordered printed,
          and when printed to be committed to the Committee on Rules

        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 of [the American Society for Testing and Materials desig-
     8  nation]  ASTM  D6751  composed  exclusively of mono-alkyl esters of long
     9  chain fatty acids derived from feedstock.
    10    (b) "Renewable Hydrocarbon Diesel" shall mean a  domestically-produced
    11  fuel  derived  from  vegetable  oils,  animal  fats, and other renewable
    12  feedstocks that meet  the  most  recent  specifications  of  ASTM  D975.
    13  Renewable hydrocarbon shall not include any fuel from co-processed biom-
    14  ass with a feedstock that is not biomass.
    15    (c) "Bioheating fuel" shall mean a fuel comprised of biodiesel blended
    16  with  petroleum heating oil that meets the specifications of [the Ameri-
    17  can Society for Testing and Materials designation]  ASTM  D396,  a  fuel
    18  comprised  of  domestically-produced  renewable  hydrocarbon diesel with
    19  petroleum heating oil that meets the specifications  of  ASTM  D975,  or
    20  other specifications as determined by the commissioner.
    21    (d)  "Heating oil" shall mean petroleum oil refined for the purpose of
    22  use as fuel for combustion in a space and/or water heating  system  that
    23  meets  the specifications of [the American Society for Testing and Mate-
    24  rials designation] ASTM D396 or other specifications  as  determined  by
    25  the commissioner.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11903-02-9

        S. 6344                             2

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