NY State Senate Bill 2009-S998

Senate Bill S998

2009-2010 Legislative Session

Provides that diesel fuel that contains a concentration of sulfur that is less than or equal to 15 parts per million shall not be sold unless it includes biodiesel

download bill text pdf

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to environmental conservation
Jan 22, 2009	referred to environmental conservation

2009-S998 (ACTIVE) - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §§19-0107 & 19-0301, En Con L; amd §192-c, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S2651
2013-2014: S2272
2015-2016: S4762

2009-S998 (ACTIVE) - Summary

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.

2009-S998 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S998

 TITLE OF BILL :
An act to amend the environmental conservation law and the agriculture
and markets law, in relation to the sale of diesel fuel


 PURPOSE :
This bill amends the agriculture and markets law to encourage the
growth of the biodiesel industry in New York State by requiring the
use of biodiesel in low sulfur diesel fuel.  The provisions of the
bill do not take effect until New York State has annual production
capacity of 12 million gallons of biodiesel and either the Federal
government has reduced the tax on biodiesel fuel, or it is after June
30, 2011.

 SUMMARY OF PROVISIONS :
Section 1 adds the definition of biodiesel to the Environmental
Conservation Law.

Section 2 requires the Commissioner of Environmental Conservation to
cooperate with the Department of Agriculture and Markets on the
efficient transition to the use of biodiesel in the State.

Section 3 adds the definition of biodieselto the Agriculture and
Markets law.

Section 4 requires the use of biodiesel as a lubrication additive in
diesel fuel with a sulfur content lower than 15 parts per million;
only if the Commissioner of Agriculture and Markets has certified that
the annual production capacity of biodiesel in the State exceeds 12
million gallons, and either the Federal government reduces the tax on
diesel fuel containing biodiesel or the date of June 30, 2011 has
passed.

 EXISTING LAW :
Currently, the Agriculture and Markets law regulates the content of
diesel fuel.

 JUSTIFICATION :
In June 2006, the Federal Environmental Protection Agency will begin
phasing in for the transportation sector the use of Ultra Low Sulfur
Diesel Fuel (ULSD), fuel containing not more than 15 parts per million
of sulfur. The ULSD must replace sulfur with an additive to help
lubricate the diesel engines or the engines will be damaged,
substantially reducing their useful life.

Current technology provides two equally good additives for
lubrication. One is a synthetic made from a petroleum based product.
The other is 100% biodiesel made from agricultural products or waste
food greases. Both additives can be produced for approximately the
same price.

This legislation will provide the incentive for the construction of
biodiesel refineries in New York State to meet the demand for
lubrication additives. Investors are prepared to build such plants as
long as there are assurances in the demand of biodiesel. Passage of
this legislation will create a demand in excess of25 million gallons
of 100% biodiesel in New York State alone.  There is enough lead time
to allow for the construction of the plants in order to meet the 2006
demand.

The use of biodiesel as an additive will make ULSD an even more
environmentally friendly product and will ensure that Federally
designated non-attainment areas, such as metropolitan New York City,
have the cleanest possible fuel for vehicles.
 LEGISLATIVE HISTORY :
S.3838 of 2007-08
S.4470 of 2006
S.7528 of 2004

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
Immediately.

2009-S998 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   998

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 22, 2009
                               ___________

Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Environmental Conser-
  vation

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:

  Section 1. Section 19-0107 of the environmental  conservation  law  is
amended by adding a new subdivision 25 to read as follows:
  25.  "BIODIESEL  FUEL"  MEANS  A  RENEWABLE, BIODEGRADABLE, MONO ALKYL
ESTER COMBUSTIBLE LIQUID FUEL DERIVED FROM AGRICULTURAL  PLANT  OILS  OR
ANIMAL  FATS  AND  THAT MEETS AMERICAN SOCIETY FOR TESTING AND MATERIALS
SPECIFICATION D6751 FOR BIODIESEL FUEL (B100) BLEND STOCK FOR DISTILLATE
FUELS AS UPDATED.
  S 2. Subdivision 2 of section 19-0301 of the  environmental  conserva-
tion law is amended by adding a new paragraph f to read as follows:
  F.  COOPERATE WITH THE DEPARTMENT OF AGRICULTURE AND MARKETS TO ENSURE
AN EFFICIENT TRANSITION TO THE USE OF BIODIESEL FUEL AS THE  LUBRICATION
ADDITIVE FOR LOW-SULFUR DIESEL FUEL.
  S 3. Subdivision 1 of section 192-c of the agriculture and markets law
is amended by adding a new paragraph k to read as follows:
  K. "BIODIESEL FUEL" MEANS A RENEWABLE, BIODEGRADABLE, MONO ALKYL ESTER
COMBUSTIBLE  LIQUID  FUEL DERIVED FROM AGRICULTURAL PLANT OILS OR ANIMAL
FATS AND THAT MEETS AMERICAN SOCIETY FOR TESTING AND MATERIALS  SPECIFI-
CATION  D6751 FOR BIODIESEL FUEL (B100) BLEND STOCK FOR DISTILLATE FUELS
AS UPDATED.
  S 4. Subdivisions 11, 12 and 13 of section 192-c  of  the  agriculture
and  markets  law  are  renumbered  subdivisions 12, 13 and 14 and a new
subdivision 11 is added to read as follows:
  11. A. UPON THE SATISFACTION OF THE CONDITIONS SET FORTH IN  PARAGRAPH
B  OF THIS SUBDIVISION AND UPON PUBLICATION IN THE STATE REGISTER OF THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06330-01-9

S. 998                              2

CERTIFICATION SET FORTH IN SUBPARAGRAPH  (I)  OF  PARAGRAPH  B  OF  THIS
SUBDIVISION  AND, IF OCCURRING BEFORE JUNE THIRTIETH, TWO THOUSAND ELEV-
EN, THE CERTIFICATION SET FORTH IN CLAUSE (A) OF  SUBPARAGRAPH  (II)  OF
PARAGRAPH  B  OF  THIS SUBDIVISION, A PERSON SHALL NOT SELL OR OFFER FOR
SALE DIESEL FUEL THAT CONTAINS A CONCENTRATION OF SULFUR  THAT  IS  LESS
THAN  OR  EQUAL  TO  FIFTEEN  PARTS  PER MILLION UNLESS SUCH DIESEL FUEL
INCLUDES BIODIESEL FUEL AS ITS LUBRICATION ADDITIVE.
  B. NO PERSON SHALL BE SUBJECT TO THE PROVISIONS OF PARAGRAPH A OF THIS
SUBDIVISION UNTIL THE CONDITIONS SET FORTH IN SUBPARAGRAPHS (I) AND (II)
OF THIS PARAGRAPH HAVE BEEN SATISFIED:
  (I) THIRTY DAYS AFTER THE COMMISSIONER HAS CERTIFIED THAT  THE  ANNUAL
CAPACITY  FOR  THE  PRODUCTION  OF  BIODIESEL FUEL IN THIS STATE EXCEEDS
TWELVE MILLION GALLONS; AND
  (II) THE EARLIER OF:
  (A) EIGHTEEN MONTHS AFTER THE COMMISSIONER CERTIFIES  THAT  A  FEDERAL
ACTION  ON  TAXES IMPOSED, TAX CREDITS ALLOWED OR OTHER ACTION CREATES A
TWO CENT OR GREATER REDUCTION IN THE PRICE ON TAXABLE DIESEL  FUEL  THAT
CONTAINS AT LEAST TWO PERCENT BIODIESEL FUEL THAT IS SOLD IN THIS STATE;
OR
  (B) JUNE THIRTIETH, TWO THOUSAND ELEVEN.
  S 5. This act shall take effect immediately, provided that the commis-
sioner  of  agriculture  and  markets  shall notify the legislative bill
drafting commission upon the occurrence of the certifications set  forth
in section four of this act in order that the commission may maintain an
accurate and timely effective data base of the official text of the laws
of  the  state of New York in furtherance of effecting the provisions of
section 44 of the legislative law and section 70-b of the  public  offi-
cers law.

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