senate Bill S1184A

2013-2014 Legislative Session

Requires all heating oil sold within certain counties to be bioheating fuel

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Sponsored By

Archive: Last Bill Status Via A7906 - Vetoed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 10, 2014 tabled
vetoed memo.283
Dec 30, 2013 delivered to governor
Jun 21, 2013 returned to assembly
passed senate
3rd reading cal.282
substituted for s1184a
Jun 21, 2013 substituted by a7906
Jun 12, 2013 amended on third reading 1184a
Apr 22, 2013 advanced to third reading
Apr 17, 2013 2nd report cal.
Apr 16, 2013 1st report cal.282
Jan 09, 2013 referred to environmental conservation

Votes

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Jun 4, 2013 - Environmental Conservation committee Vote

S1184
10
1
committee
10
Aye
1
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: Jun 4, 2013

nay (1)
aye wr (1)

Apr 16, 2013 - Environmental Conservation committee Vote

S1184
10
1
committee
10
Aye
1
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: Apr 16, 2013

nay (1)
aye wr (1)

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

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S1184 - Bill Details

See Assembly Version of this Bill:
A7906
Law Section:
Environmental Conservation Law
Laws Affected:
Add §19-0327, En Con L
Versions Introduced in Previous Legislative Sessions:
2011-2012: A10393, S3028B
2009-2010: A4795A

S1184 - Bill Texts

view summary

Requires all heating oil sold within the counties of Nassau, Rockland, Suffolk and Westchester and the counties of the city of New York to be bioheating fuel that contains at least two percent biodiesel.

view sponsor memo
BILL NUMBER:S1184

TITLE OF BILL:
An act
to amend the environmental conservation law, in relation to bioheating
fuel requirements

PURPOSE OR GENERAL IDEA OF BILL: This bill will
require all heating
oil sold for use in any building within certain counties to contain
at least two percent biodiesel, on and after October 1, 2013; on July
1, 2014, all heating oil sold statewide would need to meet this
standard.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 defines terms for the
purpose of this bill. Beginning October 1st, 2013, all heating oil
sold for use in any building within the counties of Nassau, Rockland,
Suffolk, Westchester and the city of New York shall be bioheating
fuel that contains at least two Percent biodiesel. On July 1st, 2014,
all heating oil sold for use in any building in the state shall be
bioheating fuel that contains at least two percent biodiesel. The
governor may issue an executive order to temporarily suspend the
applicability of this section at any time based on the governor's
determination, after consulting with NYSERDA and DEC, 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.

The requirements 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 bio diesel 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.

Section 2 is the effective date.

JUSTIFICATION: Bioheating standards will help spur an
untapped market
for New York businesses and farmers in the production of biodiesel
fuel while reducing pollution and dependence on foreign energy
sources. New York State will accrue major economic benefits from the
construction and production of biodiesel facilities and New York
State farmers will profit from harvests being used in the refining
and Processing stages of biodiesel fuel production. Moreover, a
biodiesel content requirement will encourage New York farmers to
increase production, thus strengthening an industry which has
struggled in recent years to yield sustainable profits. Increasing
the use of biodiesel will create new markets for agricultural
products, create more local jobs, and reduce emissions. This fuel
also has the benefit of higher efficiency and of literally being
"home grown" to help reduce our dependence on foreign oil.


PRIOR LEGISLATIVE HISTORY:
S.3028B/A10393 of 2011-12; Amend and Recommit to Energy and
Telecommunications

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None to the state.

EFFECTIVE DATE: This act shall take effect immediately.

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

                                  1184

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen. MAZIARZ -- read twice and ordered printed, and when
  printed to be committed 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02277-01-3

S. 1184                             2

  (2) ON AND AFTER OCTOBER FIRST, TWO THOUSAND THIRTEEN, ALL HEATING OIL
SOLD FOR USE IN ANY BUILDING WITHIN THE COUNTIES  OF  NASSAU,  ROCKLAND,
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 FOURTEEN, 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.

Co-Sponsors

view additional co-sponsors

S1184A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A7906
Law Section:
Environmental Conservation Law
Laws Affected:
Add §19-0327, En Con L
Versions Introduced in Previous Legislative Sessions:
2011-2012: A10393, S3028B
2009-2010: A4795A

S1184A (ACTIVE) - Bill Texts

view summary

Requires all heating oil sold within the counties of Nassau, Rockland, Suffolk and Westchester and the counties of the city of New York to be bioheating fuel that contains at least two percent biodiesel.

view sponsor memo
BILL NUMBER:S1184A

TITLE OF BILL: An act to amend the environmental conservation law, in
relation to bioheating fuel requirements

PURPOSE OR GENERAL IDEA OF BILL: This bill will require all heating
oil sold for use in any building within certain counties to contain at
least two percent biodiesel, on and after October 1, 2014; on July 1,
2015, all heating oil sold statewide would need to meet this standard.

SUMMARY OF SPECIFIC PROVISIONS: Section 1 defines terms for the
purpose of this bill. Beginning October 1st, 2014, all heating oil
sold for use in any building within the counties of Nassau, Rockland,
Suffolk, Westchester and the city of New York shall be bioheating fuel
that contains at least two Percent biodiesel. On July 1st, 2012, all
heating oil sold for use in any building in the state shall be
bioheating fuel that contains at least two percent biodiesel. The
governor may issue an executive order to temporarily suspend the
applicability of Lois section at any time based on the governor's
determination, after consulting with NYSERDA and DEC, 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.

The requirements 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 bio diesel blends with heating oil provided that such laws
require toe same or greater percentage of biodiesel blended with
heating oil as required by this section.

Section 2 is the effective date.

JUSTIFICATION: Bioheating standards will help spur an untapped market
for New York businesses and farmers in the production of biodiesel
fuel while reducing pollution and dependence on foreign energy
sources. New York State will accrue major economic benefits from the
construction and production of biodiesel facilities and New York State
farmers will profit from harvests being used in the refining and
Processing stages of biodiesel fuel production. Moreover, a biodiesel
content requirement will encourage New York farmers to increase
production, thus strengthening an industry which has struggled in
recent years to yield sustainable profits. Increasing the use of
biodiesel will create new markets for agricultural products, create
more local jobs, and reduce emissions. This fuel also has the benefit
of higher efficiency and of literally being "home grown" to help
reduce our dependence on foreign oil.

PRIOR LEGISLATIVE HISTORY: S.30288/A10393 of 2011-12; Amend and
Recommit to Energy and Telecommunications

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None to the
state.

EFFECTIVE DATE: This act shall take effect immediately.


view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1184--A
    Cal. No. 282

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens.  MAZIARZ,  ESPAILLAT, GRISANTI, LATIMER, NOZZOLIO,
  PARKER, SAVINO -- read twice and ordered printed, and when printed  to
  be  committed  to  the  Committee  on  Environmental  Conservation  --
  reported favorably from said committee, ordered to  first  and  second
  report,  ordered  to  a  third reading, amended and ordered reprinted,
  retaining its place in the order of third reading

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02277-02-3

S. 1184--A                          2

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 FOURTEEN, ALL HEATING OIL
SOLD  FOR  USE  IN ANY BUILDING WITHIN THE COUNTIES OF NASSAU, ROCKLAND,
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 FIFTEEN, 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.

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