Relates to bioheating fuel requirements and bioheating fuel tax credits; requires all heating oil sold for use in any building in the state on and after July 1, 2022 be bioheating fuel that contains a minimum percent biodiesel or renewable hydrocarbon diesel.
STATE OF NEW YORK
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6344--A
2019-2020 Regular Sessions
IN SENATE
June 5, 2019
___________
Introduced by Sens. KAMINSKY, PARKER -- read twice and ordered printed,
and when printed to be committed to the Committee on Rules -- recom-
mitted to the Committee on Environmental Conservation in accordance
with Senate Rule 6, sec. 8 -- 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 added by chapter 315 of the laws of 2017, is amended to read as follows:
3 § 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] requirements of the [American Society for Testing and
8 Materials designation] ASTM international specification D6751 [composed
9 exclusively of mono-alkyl esters of long chain fatty acids derived from
10 feedstock], or the most recent specification.
11 (b) "Renewable Hydrocarbon Diesel" shall mean a domestically-produced
12 fuel derived from [vegetable oils, animal fats, and other renewable
13 feedstocks] an eligible feedstock that [meet] meets the [most recent
14 specifications] requirements of ASTM international specification D975,
15 or the most recent specification. 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 [blend-
19 ed with petroleum heating] or renewable hydrocarbon diesel that is
20 blended with heating oil that meets the [specifications] requirements of
21 the [American Society for Testing and Materials designation] ASTM inter-
22 national specification D396, or the most recent specification, a fuel
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11903-06-0
S. 6344--A 2
1 comprised of domestically-produced renewable hydrocarbon diesel with
2 petroleum heating oil that meets the specifications of ASTM interna-
3 tional specification D975, or other specifications as determined by the
4 commissioner.
5 (d) "Heating oil" shall mean petroleum oil refined for the purpose of
6 use as fuel for combustion in a space and/or water heating system that
7 meets the [specifications] requirements of the [American Society for
8 Testing and Materials designation] ATSM international specification D396
9 or [other specifications as determined by the commissioner] the most
10 recent specification.
11 (e) "Feedstock" shall mean soybean oil, canola oil, oil from annual
12 cover crops, algal oil, biogenic waste oils, fats or greases, or non-
13 food grade corn oil, provided that the commissioner may, by rules and
14 regulations, modify the definition of feedstock based on the vegetable
15 oils, animal fats or cellulosic biomass listed in table 1 of 40 C.F.R. §
16 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 and/or renewable hydrocarbon diesel.
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 and/or renewable hydrocar-
24 bon diesel.
25 (4) On or after July first, two thousand twenty-five, all heating oil
26 sold for use in any building within the state shall be bioheating fuel
27 that contains at least ten percent biodiesel and/or renewable hydrocar-
28 bon diesel.
29 (5) On or after July first, two thousand thirty, all heating oil sold
30 for use in any building within the state shall be bioheating fuel that
31 contains at least twenty percent biodiesel and/or renewable hydrocarbon
32 diesel.
33 (6) The minimum content requirements of this section shall not apply
34 to kerosene.
35 [(3)] (7) The governor may, by issuing an executive order, temporarily
36 suspend the applicability of this section at any time based on the
37 governor's determination, after consulting with the New York state ener-
38 gy research and development authority and the department, that meeting
39 the requirement of subdivision two of this section is not feasible due
40 to lack of adequate supply of biodiesel or that meeting the requirement
41 would result in undue financial hardship to consumers.
42 [(4)] (8) The requirements of this section shall not: (a) prohibit the
43 sale and use of bioheating fuel with the same or any greater percentage
44 of biodiesel blended with heating oil, or the sale and use of one
45 hundred percent biodiesel, for space and/or water heating purposes in
46 the state; and (b) preempt any laws of the city of New York with respect
47 to mandated percentage levels of biodiesel blends with heating oil
48 provided that such laws require the same or greater percentage of biod-
49 iesel blended with heating oil as required by this section.
50 § 2. This act shall take effect immediately.