S T A T E O F N E W Y O R K
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10393
I N A S S E M B L Y
May 24, 2012
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Introduced by M. of A. SWEENEY, WEISENBERG, JAFFEE, CRESPO, THIELE,
ABINANTI, P. RIVERA, RAMOS, GALEF, ROSENTHAL, WEPRIN -- Multi-Spon-
sored by -- M. of A. BRENNAN, GOTTFRIED, LENTOL, LIFTON, PERRY -- read
once and referred 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. The environmental conservation law is amended by adding a
2 new section 19-0327 to read as follows:
3 S 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 D6751 COMPOSED EXCLUSIVELY OF MONO-ALKYL ESTERS OF LONG CHAIN
9 FATTY ACIDS DERIVED FROM FEEDSTOCK.
10 (B) "BIOHEATING FUEL" SHALL MEAN A FUEL COMPRISED OF BIODIESEL BLENDED
11 WITH PETROLEUM HEATING OIL THAT MEETS THE SPECIFICATIONS OF THE AMERICAN
12 SOCIETY FOR TESTING AND MATERIALS DESIGNATION D396 OR OTHER SPECIFICA-
13 TIONS AS DETERMINED BY THE COMMISSIONER.
14 (C) "HEATING OIL" SHALL MEAN PETROLEUM OIL REFINED FOR THE PURPOSE OF
15 USE AS FUEL FOR COMBUSTION IN A SPACE AND/OR WATER HEATING SYSTEM THAT
16 MEETS THE SPECIFICATIONS OF THE AMERICAN SOCIETY FOR TESTING AND MATERI-
17 ALS DESIGNATION D396 OR OTHER SPECIFICATIONS AS DETERMINED BY THE
18 COMMISSIONER.
19 (D) "FEEDSTOCK" SHALL MEAN SOYBEAN OIL, OIL FROM ANNUAL COVERCROPS,
20 ALGAL OIL, BIOGENIC WASTE OILS, FATS OR GREASES, OR NON-FOOD GRADE CORN
21 OIL, PROVIDED THAT THE COMMISSIONER MAY, BY RULES AND REGULATIONS, MODI-
22 FY THE DEFINITION OF FEEDSTOCK BASED ON THE VEGETABLE OILS, ANIMAL FATS
23 OR CELLULOSIC BIOMASS LISTED IN TABLE 1 OF 40 C.F.R. S 80.1426.
24 (2) ON AND AFTER OCTOBER FIRST, TWO THOUSAND TWELVE, ALL HEATING OIL
25 SOLD FOR USE IN ANY BUILDING WITHIN THE COUNTIES OF NASSAU, ROCKLAND,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14590-03-2
A. 10393 2
1 SUFFOLK, WESTCHESTER AND THE COUNTIES OF THE CITY OF NEW YORK SHALL BE
2 BIOHEATING FUEL THAT CONTAINS AT LEAST TWO PERCENT BIODIESEL.
3 (3) ON AND AFTER JULY FIRST, TWO THOUSAND THIRTEEN, ALL HEATING OIL
4 SOLD FOR USE IN ANY BUILDING IN THE STATE SHALL BE BIOHEATING FUEL THAT
5 CONTAINS AT LEAST TWO PERCENT BIODIESEL.
6 (4) THE GOVERNOR MAY, BY ISSUING AN EXECUTIVE ORDER, TEMPORARILY
7 SUSPEND THE APPLICABILITY OF THIS SECTION AT ANY TIME BASED ON THE
8 GOVERNOR'S DETERMINATION, AFTER CONSULTING WITH THE NEW YORK STATE ENER-
9 GY RESEARCH AND DEVELOPMENT AUTHORITY AND THE DEPARTMENT, THAT MEETING
10 THE REQUIREMENT OF SUBDIVISION TWO OF THIS SECTION IS NOT FEASIBLE DUE
11 TO LACK OF ADEQUATE SUPPLY OF BIODIESEL OR THAT MEETING THE REQUIREMENT
12 WOULD RESULT IN UNDUE FINANCIAL HARDSHIP TO CONSUMERS.
13 (5) THE REQUIREMENTS OF THIS SECTION SHALL NOT: (A) PROHIBIT THE SALE
14 AND USE OF BIOHEATING FUEL WITH THE SAME OR ANY GREATER PERCENTAGE OF
15 BIODIESEL BLENDED WITH HEATING OIL, OR THE SALE AND USE OF ONE HUNDRED
16 PERCENT BIODIESEL, FOR SPACE AND/OR WATER HEATING PURPOSES IN THE STATE;
17 AND (B) PREEMPT ANY LAWS OF THE CITY OF NEW YORK WITH RESPECT TO
18 MANDATED PERCENTAGE LEVELS OF BIODIESEL BLENDS WITH HEATING OIL PROVIDED
19 THAT SUCH LAWS REQUIRE THE SAME OR GREATER PERCENTAGE OF BIODIESEL
20 BLENDED WITH HEATING OIL AS REQUIRED BY THIS SECTION.
21 S 2. This act shall take effect immediately.
