S T A T E   O F   N E W   Y O R K
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                                  10393

                          I N  A S S E M B L Y

                              May 24, 2012
                               ___________

Introduced  by  M.  of  A.  SWEENEY, WEISENBERG, JAFFEE, CRESPO, THIELE,
  ABINANTI, P. RIVERA, RAMOS, GALEF, ROSENTHAL,  WEPRIN  --  Multi-Spon-
  sored by -- M. of A. BRENNAN, GOTTFRIED, LENTOL, LIFTON, PERRY -- read
  once and referred to the Committee on Environmental Conservation

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:

  Section  1.  The environmental conservation law is amended by adding a
new section 19-0327 to read as follows:
S 19-0327. BIOHEATING FUEL REQUIREMENTS.
  (1) DEFINITIONS. FOR THE PURPOSE OF THIS SECTION, THE FOLLOWING  TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
  (A)  "BIODIESEL"  SHALL  MEAN  A FUEL, DESIGNATED B100, THAT MEETS THE
SPECIFICATIONS OF THE AMERICAN SOCIETY FOR TESTING AND MATERIALS  DESIG-
NATION  D6751  COMPOSED  EXCLUSIVELY  OF MONO-ALKYL ESTERS OF LONG CHAIN
FATTY ACIDS DERIVED FROM FEEDSTOCK.
  (B) "BIOHEATING FUEL" SHALL MEAN A FUEL COMPRISED OF BIODIESEL BLENDED
WITH PETROLEUM HEATING OIL THAT MEETS THE SPECIFICATIONS OF THE AMERICAN
SOCIETY FOR TESTING AND MATERIALS DESIGNATION D396 OR  OTHER  SPECIFICA-
TIONS AS DETERMINED BY THE COMMISSIONER.
  (C)  "HEATING OIL" SHALL MEAN PETROLEUM OIL REFINED FOR THE PURPOSE OF
USE AS FUEL FOR COMBUSTION IN A SPACE AND/OR WATER HEATING  SYSTEM  THAT
MEETS THE SPECIFICATIONS OF THE AMERICAN SOCIETY FOR TESTING AND MATERI-
ALS  DESIGNATION  D396  OR  OTHER  SPECIFICATIONS  AS  DETERMINED BY THE
COMMISSIONER.
  (D) "FEEDSTOCK" SHALL MEAN SOYBEAN OIL, OIL  FROM  ANNUAL  COVERCROPS,
ALGAL  OIL, BIOGENIC WASTE OILS, FATS OR GREASES, OR NON-FOOD GRADE CORN
OIL, PROVIDED THAT THE COMMISSIONER MAY, BY RULES AND REGULATIONS, MODI-
FY THE DEFINITION OF FEEDSTOCK BASED ON THE VEGETABLE OILS, ANIMAL  FATS
OR CELLULOSIC BIOMASS LISTED IN TABLE 1 OF 40 C.F.R. S 80.1426.
  (2)  ON  AND AFTER OCTOBER FIRST, TWO THOUSAND TWELVE, ALL HEATING OIL
SOLD FOR USE IN ANY BUILDING WITHIN THE COUNTIES  OF  NASSAU,  ROCKLAND,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14590-03-2
              

A. 10393                            2

SUFFOLK,  WESTCHESTER  AND THE COUNTIES OF THE CITY OF NEW YORK SHALL BE
BIOHEATING FUEL THAT CONTAINS AT LEAST TWO PERCENT BIODIESEL.
  (3)  ON  AND  AFTER JULY FIRST, TWO THOUSAND THIRTEEN, ALL HEATING OIL
SOLD FOR USE IN ANY BUILDING IN THE STATE SHALL BE BIOHEATING FUEL  THAT
CONTAINS AT LEAST TWO PERCENT BIODIESEL.
  (4)  THE  GOVERNOR  MAY,  BY  ISSUING  AN EXECUTIVE ORDER, TEMPORARILY
SUSPEND THE APPLICABILITY OF THIS SECTION  AT  ANY  TIME  BASED  ON  THE
GOVERNOR'S DETERMINATION, AFTER CONSULTING WITH THE NEW YORK STATE ENER-
GY  RESEARCH  AND DEVELOPMENT AUTHORITY AND THE DEPARTMENT, THAT MEETING
THE REQUIREMENT OF SUBDIVISION TWO OF THIS SECTION IS NOT  FEASIBLE  DUE
TO  LACK OF ADEQUATE SUPPLY OF BIODIESEL OR THAT MEETING THE REQUIREMENT
WOULD RESULT IN UNDUE FINANCIAL HARDSHIP TO CONSUMERS.
  (5) THE REQUIREMENTS OF THIS SECTION SHALL NOT: (A) PROHIBIT THE  SALE
AND  USE  OF  BIOHEATING FUEL WITH THE SAME OR ANY GREATER PERCENTAGE OF
BIODIESEL BLENDED WITH HEATING OIL, OR THE SALE AND USE OF  ONE  HUNDRED
PERCENT BIODIESEL, FOR SPACE AND/OR WATER HEATING PURPOSES IN THE STATE;
AND  (B)  PREEMPT  ANY  LAWS  OF  THE  CITY  OF NEW YORK WITH RESPECT TO
MANDATED PERCENTAGE LEVELS OF BIODIESEL BLENDS WITH HEATING OIL PROVIDED
THAT SUCH LAWS REQUIRE THE  SAME  OR  GREATER  PERCENTAGE  OF  BIODIESEL
BLENDED WITH HEATING OIL AS REQUIRED BY THIS SECTION.
  S 2. This act shall take effect immediately.