Bill Text: NY A01856 | 2017-2018 | General Assembly | Introduced

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Bill Title: Provides that diesel fuel that contains a concentration of sulfur that is less than or equal to fifteen parts per million shall not be sold or offered for sale unless such diesel fuel includes biodiesel as its lubrication additive.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-01-03 - referred to environmental conservation [A01856 Detail]

Download: New_York-2017-A01856-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          1856
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    January 13, 2017
                                       ___________
        Introduced by M. of A. HEVESI -- read once and referred to the Committee
          on Environmental Conservation
        AN  ACT  to amend the environmental conservation law and the agriculture
          and markets law, in relation to the sale of diesel fuel
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Section  19-0107 of the environmental conservation law is
     2  amended by adding a new subdivision 25 to read as follows:
     3    25. "Biodiesel fuel" means  a  renewable,  biodegradable,  mono  alkyl
     4  ester  combustible  liquid  fuel derived from agricultural plant oils or
     5  animal fats and that meets American Society for  Testing  and  Materials
     6  Specification D6751 for Biodiesel Fuel (B100) Blend Stock for Distillate
     7  Fuels as updated.
     8    §  2.  Subdivision 2 of section 19-0301 of the environmental conserva-
     9  tion law is amended by adding a new paragraph f to read as follows:
    10    f. Cooperate with the department of agriculture and markets to  ensure
    11  an  efficient transition to the use of biodiesel fuel as the lubrication
    12  additive for low-sulfur diesel fuel.
    13    § 3. Subdivision 1 of section 192-c of the agriculture and markets law
    14  is amended by adding a new paragraph k to read as follows:
    15    k. "Biodiesel fuel" means a renewable, biodegradable, mono alkyl ester
    16  combustible liquid fuel derived from agricultural plant oils  or  animal
    17  fats  and that meets American Society for Testing and Materials Specifi-
    18  cation D6751 for Biodiesel Fuel (B100) Blend Stock for Distillate  Fuels
    19  as updated.
    20    §  4.  Subdivisions  11, 12 and 13 of section 192-c of the agriculture
    21  and markets law are renumbered subdivisions 12, 13  and  14  and  a  new
    22  subdivision 11 is added to read as follows:
    23    11.  a. Upon the satisfaction of the conditions set forth in paragraph
    24  b of this subdivision and upon publication in the state register of  the
    25  certification  set  forth  in  subparagraph  (i)  of paragraph b of this
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02477-01-7
        A. 1856                             2
     1  subdivision and, if occurring before June thirtieth, two thousand twenty
     2  the certification set forth in clause (A) of subparagraph (ii) of  para-
     3  graph  b  of this subdivision, a person shall not sell or offer for sale
     4  diesel fuel that contains a concentration of sulfur that is less than or
     5  equal  to  fifteen  parts  per  million unless such diesel fuel includes
     6  biodiesel fuel as its lubrication additive.
     7    b. No person shall be subject to the provisions of paragraph a of this
     8  subdivision until the conditions set forth in subparagraphs (i) and (ii)
     9  of this paragraph have been satisfied:
    10    (i) thirty days after the commissioner has certified that  the  annual
    11  capacity  for  the  production  of  biodiesel fuel in this state exceeds
    12  twelve million gallons; and
    13    (ii) the earlier of:
    14    (A) eighteen months after the commissioner certifies  that  a  federal
    15  action  on  taxes imposed, tax credits allowed or other action creates a
    16  two cent or greater reduction in the price on taxable diesel  fuel  that
    17  contains at least two percent biodiesel fuel that is sold in this state;
    18  or
    19    (B) June thirtieth, two thousand twenty.
    20    § 5. This act shall take effect immediately, provided that the commis-
    21  sioner  of  agriculture  and  markets  shall notify the legislative bill
    22  drafting commission upon the occurrence of the certifications set  forth
    23  in section four of this act in order that the commission may maintain an
    24  accurate and timely effective data base of the official text of the laws
    25  of  the  state of New York in furtherance of effecting the provisions of
    26  section 44 of the legislative law and section 70-b of the  public  offi-
    27  cers law.