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-13duced] 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. LBD15402-01-2S. 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.
