Relates to bioheating fuel requirements; allows B100 or B99 biofuel and R100 or R99 renewable fuel to be used to blend with or replace fossil heating oil in order to create bioheating fuel.
STATE OF NEW YORK
________________________________________________________________________
7114--C
2023-2024 Regular Sessions
IN ASSEMBLY
May 11, 2023
___________
Introduced by M. of A. JONES, LUCAS, BURGOS -- read once and referred to
the Committee on Environmental Conservation -- committee discharged,
bill amended, ordered reprinted as amended and recommitted to said
committee -- again reported from said committee with amendments,
ordered reprinted as amended and recommitted to said committee --
recommitted to the Committee on Environmental Conservation in accord-
ance with Assembly Rule 3, sec. 2 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
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 one hundred
9 percent B100 or a blend of ninety-nine percent B99 biodiesel by volume,
10 that meets the requirements of the ASTM international specification
11 D6751 or the requirements of the ASTM international specification D975;
12 provided, however, that biofuel shall include R100 or R99 produced from
13 hydroprocessing renewable biomass feedstocks.
14 (b) "Renewable Hydrocarbon Diesel" shall mean a [North American-pro-
15 duced] fuel derived from vegetable oils, animal fats, and other renewa-
16 ble feedstocks that meet the requirements of ASTM international specifi-
17 cation D975. Renewable hydrocarbon shall not include any fuel from
18 co-processed biomass with a feedstock that is not biomass.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01634-09-4
A. 7114--C 2
1 (c) "Bioheating fuel" shall mean a fuel, designated B100 or B99,
2 comprised of [biodiesel] biofuel blended with petroleum heating oil that
3 meets the requirements of the ASTM international specification D396, a
4 [fuel comprised of domestically-produced renewable hydrocarbon diesel]
5 biofuel, designated R100 or R99 with petroleum heating oil that meets
6 the specifications of ASTM international specification D975, or other
7 specifications as determined by the commissioner.
8 (d) "Heating oil" shall mean petroleum oil refined for the purpose of
9 use as fuel for combustion in a space and/or water heating system that
10 meets the requirements of the [ATSM] ASTM international specification
11 D396 or other specifications as determined by the commissioner.
12 (e) "Feedstock" shall mean soybean oil, oil from annual cover crops,
13 algal oil, biogenic waste oils, fats or greases, or non-food grade corn
14 oil, provided that the commissioner may, by rules and regulations, modi-
15 fy the definition of feedstock based on the vegetable oils, animal fats
16 or cellulosic biomass listed in table 1 of 40 C.F.R. § 80.1426.
17 (2) On and after July first, two thousand eighteen, all heating oil
18 sold for use in any building within the counties of Nassau, Suffolk and
19 Westchester shall be bioheating fuel that contains at least five percent
20 [biodiesel] biofuel.
21 (3) On or after July first, two thousand twenty-two, all heating oil
22 sold for use in any building within the state shall be bioheating fuel
23 that contains at least five percent [biodiesel] biofuel.
24 (4) On or after July first, two thousand twenty-five, all heating oil
25 sold for use in any building within the state shall be bioheating fuel
26 that contains at least ten percent [biodiesel] biofuel.
27 (5) On or after July first, two thousand thirty, all heating oil sold
28 for use in any building within the state shall be bioheating fuel that
29 contains at least twenty percent [biodiesel] biofuel.
30 (6) The minimum content requirements of this section shall not apply
31 to kerosene.
32 (7) The governor may, by issuing an executive order, temporarily
33 suspend the applicability of this section at any time based on the
34 governor's determination, after consulting with the New York state ener-
35 gy research and development authority and the department, that meeting
36 the requirement of subdivision two of this section is not feasible due
37 to lack of adequate supply of [biodiesel] biofuel or that meeting the
38 requirement would result in financial hardship to consumers.
39 (8) The requirements of this section shall not: (a) prohibit the sale
40 and use of bioheating fuel with the same or any greater percentage of
41 [biodiesel] biofuel blended with heating oil, or the sale and use of one
42 hundred percent [biodiesel] biofuel, for space and/or water heating
43 purposes in the state; and (b) preempt any laws of the city of New York
44 with respect to mandated percentage levels of [biodiesel] biofuel blends
45 with heating oil provided that such laws require the same or greater
46 percentage of [biodiesel] biofuel blended with heating oil as required
47 by this section.
48 (9) No bioheating fuel shall be sold to a customer that would void the
49 manufacturer's warranty for that burner or boiler type unless the
50 [bioheat] bioheating fuel provider warranties in writing to the customer
51 that the use of such bioheating fuel will be covered to the extent and
52 time limits of the warranty then covering such burner or boiler.
53 § 2. This act shall take effect immediately.
