Bill Text: NY S05817 | 2023-2024 | General Assembly | Amended
Bill Title: 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.
Spectrum: Bipartisan Bill
Status: (Introduced) 2024-03-04 - ADVANCED TO THIRD READING [S05817 Detail]
Download: New_York-2023-S05817-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 5817--B 2023-2024 Regular Sessions IN SENATE March 17, 2023 ___________ Introduced by Sens. PARKER, ORTT, WALCZYK -- read twice and ordered printed, and when printed to be committed to the Committee on Environ- mental Conservation -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- recommitted 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 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-15duced] 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. 19 (c) "Bioheating fuel" shall mean a fuel, designated B100 or B99, 20 comprised of [biodiesel] biofuel blended with petroleum heating oil that EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01634-10-4S. 5817--B 2 1 meets the requirements of the ASTM international specification D396, a 2 [fuel comprised of domestically-produced renewable hydrocarbon diesel] 3 biofuel, designated R100 or R99 with petroleum heating oil that meets 4 the specifications of ASTM international specification D975, or other 5 specifications as determined by the commissioner. 6 (d) "Heating oil" shall mean petroleum oil refined for the purpose of 7 use as fuel for combustion in a space and/or water heating system that 8 meets the requirements of the [ATSM] ASTM international specification 9 D396 or other specifications as determined by the commissioner. 10 (e) "Feedstock" shall mean soybean oil, oil from annual cover crops, 11 algal oil, biogenic waste oils, fats or greases, or non-food grade corn 12 oil, provided that the commissioner may, by rules and regulations, modi- 13 fy the definition of feedstock based on the vegetable oils, animal fats 14 or cellulosic biomass listed in table 1 of 40 C.F.R. § 80.1426. 15 (2) On and after July first, two thousand eighteen, all heating oil 16 sold for use in any building within the counties of Nassau, Suffolk and 17 Westchester shall be bioheating fuel that contains at least five percent 18 [biodiesel] biofuel. 19 (3) On or after July first, two thousand twenty-two, all heating oil 20 sold for use in any building within the state shall be bioheating fuel 21 that contains at least five percent [biodiesel] biofuel. 22 (4) On or after July first, two thousand twenty-five, all heating oil 23 sold for use in any building within the state shall be bioheating fuel 24 that contains at least ten percent [biodiesel] biofuel. 25 (5) On or after July first, two thousand thirty, all heating oil sold 26 for use in any building within the state shall be bioheating fuel that 27 contains at least twenty percent [biodiesel] biofuel. 28 (6) The minimum content requirements of this section shall not apply 29 to kerosene. 30 (7) The governor may, by issuing an executive order, temporarily 31 suspend the applicability of this section at any time based on the 32 governor's determination, after consulting with the New York state ener- 33 gy research and development authority and the department, that meeting 34 the requirement of subdivision two of this section is not feasible due 35 to lack of adequate supply of [biodiesel] biofuel or that meeting the 36 requirement would result in financial hardship to consumers. 37 (8) The requirements of this section shall not: (a) prohibit the sale 38 and use of bioheating fuel with the same or any greater percentage of 39 [biodiesel] biofuel blended with heating oil, or the sale and use of one 40 hundred percent [biodiesel] biofuel, for space and/or water heating 41 purposes in the state; and (b) preempt any laws of the city of New York 42 with respect to mandated percentage levels of [biodiesel] biofuel blends 43 with heating oil provided that such laws require the same or greater 44 percentage of [biodiesel] biofuel blended with heating oil as required 45 by this section. 46 (9) No bioheating fuel shall be sold to a customer that would void the 47 manufacturer's warranty for that burner or boiler type unless the 48 [bioheat] bioheating fuel provider warranties in writing to the customer 49 that the use of such bioheating fuel will be covered to the extent and 50 time limits of the warranty then covering such burner or boiler. 51 § 2. This act shall take effect immediately.
