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

                                10529--A

                          I N  A S S E M B L Y

                              May 31, 2016
                               ___________

Introduced  by  M. of A. FAHY -- read once and referred 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 bio
  heating 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. BIO HEATING FUEL REQUIREMENTS.
  (1) DEFINITIONS. FOR THE PURPOSES 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) "BIO HEATING FUEL" SHALL MEAN A FUEL COMPRISED OF BIODIESEL BLEND-
ED WITH PETROLEUM HEATING OIL THAT MEETS THE SPECIFICATIONS OF THE AMER-
ICAN  SOCIETY  FOR TESTING AND MATERIALS DESIGNATION D396 OR OTHER SPEC-
IFICATIONS 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 COVER CROPS,
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, PROVIDED
THAT ANY FEEDSTOCK HAS A CLOUD POINT MEASUREMENT OF LESS  THAN  EIGHTEEN
DEGREES CELSIUS.
  (2) ALL HEATING OIL SOLD FOR USE IN ANY BUILDING IN THE STATE SHALL BE
BIO  HEATING  FUEL  THAT  CONTAINS  AT LEAST TWO PERCENT BIODIESEL, ONCE

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

                                                           LBD15245-04-6

A. 10529--A                         2

BIODIESEL PRODUCTION OF ASTM 6751 IN THIS STATE REACHES  TWELVE  MILLION
GALLONS  ON  AN  ANNUALIZED BASIS FOR THREE MONTHS. ALL HEATING OIL SOLD
FOR USE IN ANY BUILDING IN THE STATE SHALL  BE  BIO  HEATING  FUEL  THAT
CONTAINS  AT  LEAST FIVE PERCENT BIODIESEL, ONCE BIODIESEL PRODUCTION OF
ASTM 6751 IN THIS STATE REACHES THIRTY MILLION GALLONS ON AN  ANNUALIZED
BASIS FOR THREE MONTHS. SUCH PRODUCTION GALLON LEVELS SHALL BE MONITORED
AND  CERTIFIED BY THE NEW YORK ENERGY RESEARCH AND DEVELOPMENT AUTHORITY
BASED ON THE U.S. ENERGY INFORMATION ADMINISTRATION'S ADJUSTED SALES  OF
DISTILLATE  FUEL  OIL  BY  END USER TOTAL FOR RESIDENTIAL AND COMMERCIAL
GALLONS. SUCH BLENDING REQUIREMENTS SHALL TAKE EFFECT ONE HUNDRED EIGHTY
DAYS AFTER THE CERTIFICATION BY THE NEW YORK ENERGY RESEARCH AND  DEVEL-
OPMENT AUTHORITY.
  (3)  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 ENERGY
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.
  (4)  THE REQUIREMENTS OF THIS SECTION SHALL NOT: (A) PROHIBIT THE SALE
AND USE OF BIO HEATING 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.