Bill Text: NY S09014 | 2021-2022 | General Assembly | Introduced


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) 2022-05-04 - REFERRED TO ENVIRONMENTAL CONSERVATION [S09014 Detail]

Download: New_York-2021-S09014-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          9014

                    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

        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]  domestically-produced  fuel  derived from vegetable oils, animal
    14  fats, and other renewable feedstocks that meet the requirements of  ASTM
    15  international   specification  D975.  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]
    19  biofuel blended with petroleum heating oil that meets  the  requirements
    20  of the ASTM international specification D396, a fuel comprised of domes-
    21  tically-produced renewable hydrocarbon diesel with petroleum heating oil
    22  that  meets the specifications of ASTM international specification D975,
    23  or other specifications as determined by the 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
    26  meets the requirements of the [ATSM]  ASTM  international  specification
    27  D396 or other specifications as determined by the commissioner.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15402-01-2

        S. 9014                             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] biofuel.
    10    (3)  On  or after July first, two thousand twenty-two, 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] biofuel.
    13    (4)  On or after July first, two thousand twenty-five, all heating oil
    14  sold for use in any building within the state shall be  bioheating  fuel
    15  that contains at least ten percent [biodiesel] biofuel.
    16    (5)  On or after July first, two thousand thirty, all heating oil sold
    17  for use in any building within the state shall be bioheating  fuel  that
    18  contains at least twenty percent [biodiesel] biofuel.
    19    (6)  The  minimum content requirements of this section shall not apply
    20  to kerosene.
    21    (7) The governor may,  by  issuing  an  executive  order,  temporarily
    22  suspend  the  applicability  of  this  section  at any time based on the
    23  governor's determination, after consulting with the New York state ener-
    24  gy research and development authority and the department,  that  meeting
    25  the  requirement  of subdivision two of this section is not feasible due
    26  to lack of adequate supply of [biodiesel] biofuel or  that  meeting  the
    27  requirement would result in financial hardship to consumers.
    28    (8)  The requirements of this section shall not: (a) prohibit the sale
    29  and use of bioheating fuel with the same or any  greater  percentage  of
    30  [biodiesel] biofuel blended with heating oil, or the sale and use of one
    31  hundred  percent  [biodiesel]  biofuel,  for  space and/or water heating
    32  purposes in the state; and (b) preempt any laws of the city of New  York
    33  with respect to mandated percentage levels of [biodiesel] biofuel blends
    34  with  heating  oil  provided  that such laws require the same or greater
    35  percentage of [biodiesel] biofuel blended with heating oil  as  required
    36  by this section.
    37    (9) No bioheating fuel shall be sold to a customer that would void the
    38  manufacturer's  warranty  for  that  burner  or  boiler  type unless the
    39  bioheat provider warranties in writing to the customer that the  use  of
    40  such  bioheating  fuel  will be covered to the extent and time limits of
    41  the warranty then covering such burner or boiler. The  commissioner,  in
    42  consultation  with  the  department  of  financial services, shall issue
    43  regulations that strictly enforce such provisions.
    44    § 2. This act shall take effect immediately.
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