Bill Text: NY S09014 | 2021-2022 | General Assembly | Amended
Bill Title: Relates to bioheating fuel requirements; allows both B100 biodiesel and R100 renewable diesel to be used to blend with or replace fossil heating oil in order to create bioheating fuel.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-08-22 - PRINT NUMBER 9014A [S09014 Detail]
Download: New_York-2021-S09014-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 9014--A IN SENATE May 4, 2022 ___________ Introduced by Sen. PARKER -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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, designated R100, derived from vegetable oils, animal fats, 14 and other renewable feedstocks that meet the requirements of ASTM inter- 15 national specification D975. Renewable hydrocarbon shall not include any 16 fuel from co-processed biomass with a feedstock that is not biomass. 17 (c) "Bioheating fuel" shall mean a fuel, designated B100, comprised of 18 [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 with 21 petroleum heating oil that meets the specifications of ASTM interna- 22 tional specification D975, or other specifications as determined by the 23 commissioner. 24 (d) "Heating oil" shall mean petroleum oil refined for the purpose of 25 use as fuel for combustion in a space and/or water heating system that EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD15402-02-2S. 9014--A 2 1 meets the requirements of the [ATSM] ASTM international specification 2 D396 or other specifications as determined by the commissioner. 3 (e) "Feedstock" shall mean soybean oil, oil from annual cover crops, 4 algal oil, biogenic waste oils, fats or greases, or non-food grade corn 5 oil, provided that the commissioner may, by rules and regulations, modi- 6 fy the definition of feedstock based on the vegetable oils, animal fats 7 or cellulosic biomass listed in table 1 of 40 C.F.R. § 80.1426. 8 (2) On and after July first, two thousand eighteen, all heating oil 9 sold for use in any building within the counties of Nassau, Suffolk and 10 Westchester shall be bioheating fuel that contains at least five percent 11 [biodiesel] biofuel. 12 (3) On or after July first, two thousand twenty-two, all heating oil 13 sold for use in any building within the state shall be bioheating fuel 14 that contains at least five percent [biodiesel] biofuel. 15 (4) On or after July first, two thousand twenty-five, all heating oil 16 sold for use in any building within the state shall be bioheating fuel 17 that contains at least ten percent [biodiesel] biofuel. 18 (5) On or after July first, two thousand thirty, all heating oil sold 19 for use in any building within the state shall be bioheating fuel that 20 contains at least twenty percent [biodiesel] biofuel. 21 (6) The minimum content requirements of this section shall not apply 22 to kerosene. 23 (7) The governor may, by issuing an executive order, temporarily 24 suspend the applicability of this section at any time based on the 25 governor's determination, after consulting with the New York state ener- 26 gy research and development authority and the department, that meeting 27 the requirement of subdivision two of this section is not feasible due 28 to lack of adequate supply of [biodiesel] biofuel or that meeting the 29 requirement would result in financial hardship to consumers. 30 (8) The requirements of this section shall not: (a) prohibit the sale 31 and use of bioheating fuel with the same or any greater percentage of 32 [biodiesel] biofuel blended with heating oil, or the sale and use of one 33 hundred percent [biodiesel] biofuel, for space and/or water heating 34 purposes in the state; and (b) preempt any laws of the city of New York 35 with respect to mandated percentage levels of [biodiesel] biofuel blends 36 with heating oil provided that such laws require the same or greater 37 percentage of [biodiesel] biofuel blended with heating oil as required 38 by this section. 39 (9) No bioheating fuel shall be sold to a customer that would void the 40 manufacturer's warranty for that burner or boiler type unless the 41 bioheat provider warranties in writing to the customer that the use of 42 such bioheating fuel will be covered to the extent and time limits of 43 the warranty then covering such burner or boiler. 44 § 2. This act shall take effect immediately.
