Bill Text: NY S05817 | 2023-2024 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         5817--A

                               2023-2024 Regular Sessions

                    IN SENATE

                                     March 17, 2023
                                       ___________

        Introduced  by  Sens. PARKER, WALCZYK -- read twice and ordered printed,
          and when printed to be committed to  the  Committee  on  Environmental
          Conservation  -- 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, produced in North Amer-
     9  ica  designated  B100, B99, R100, or R99, that meets the requirements of
    10  the ASTM international specification D6751 or the  requirements  of  the
    11  ASTM  international  specification  D975.  R100 or R99 shall not include
    12  cessed biomass with a feedstock that is not biomass; provided,  however,
    13  that  biofuel  shall  include  R100 or R99 produced from hydroprocessing
    14  renewable biomass feedstocks.
    15    (b) ["Renewable Hydrocarbon Diesel" shall mean a  North  American-pro-
    16  duced fuel derived from vegetable oils, animal fats, and other renewable
    17  feedstocks  that  meet the requirements of ASTM international specifica-
    18  tion D975. Renewable hydrocarbon shall not include any fuel from co-pro-
    19  cessed biomass with a feedstock that is not biomass.
    20    (c)] "Bioheating fuel" shall mean a  fuel,  designated  B100  or  B99,
    21  comprised  of [biodiesel] biofuel produced in North America blended with
    22  petroleum heating oil that meets the requirements of the  ASTM  interna-
    23  tional  specification  D396,  a  fuel comprised of domestically-produced

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01634-06-3
        S. 5817--A                          2

     1  [renewable hydrocarbon diesel] R100 or R99 with  petroleum  heating  oil
     2  that  meets the specifications of ASTM international specification D975,
     3  or other specifications as determined by the commissioner.
     4    [(d)]  (c)  "Heating  oil"  shall  mean  petroleum oil refined for the
     5  purpose of use as fuel for combustion in a space  and/or  water  heating
     6  system  that  meets  the  requirements  of the [ATSM] ASTM international
     7  specification D396 or other specifications as determined by the  commis-
     8  sioner.
     9    [(e)]  (d)  "Feedstock"  shall mean soybean oil, oil from annual cover
    10  crops, algal oil, biogenic waste oils,  fats  or  greases,  or  non-food
    11  grade  corn  oil, provided that the commissioner may, by rules and regu-
    12  lations, modify the definition of feedstock based on the vegetable oils,
    13  animal fats or cellulosic biomass listed in  table  1  of  40  C.F.R.  §
    14  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.