Senate Bill S4762A

2015-2016 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

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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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 11, 2016	print number 4762a
Feb 11, 2016	amend and recommit to environmental conservation
Jan 06, 2016	referred to environmental conservation
Apr 15, 2015	referred to environmental conservation

Bill Amendments

Original

A (Active)

2015-S4762 - 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:: 2009-2010: S998
2011-2012: S2651
2013-2014: S2272

2015-S4762 - 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.

2015-S4762 - Sponsor Memo

                                BILL NUMBER:S4762

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, 2018.

SUMMARY OF PROVISIONS:

Section 1 amends section 19-0107 of the environmental conservation law
by adding a new subdivision 25

Section 2 amends subdivision 2 of section 19-0301 of the environmental
conservation law by adding a new paragraph f

Section 3 amends subdivision 1 of section 192-c of the agriculture and
markets law by adding a new paragraph k,

Section 4 renumbers subdivisions 11, 12, and 13 of section 192-c of
the agriculture and markets law as subdivisions 12, 13, and 14 and
adds a new subdivision 11 to this section.

JUSTIFICATION:

In June 2006, the Federal Environmental Protection Agency began
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.

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 of 25 million gallons
of 100% biodiesel in New York State alone.

LEGISLATIVE HISTORY:

S.2272a (2013-2014)
S.2651a (2011-2012)

FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:


This act shall take effect immediately, provided that the commissioner
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 effective the
provisions of section 44 of the legislative law and section 70-b of
the public officers law.

2015-S4762 - Bill Text download pdf

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

                                  4762

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             April 15, 2015
                               ___________

Introduced  by  Sen.  FUNKE  -- 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 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
CERTIFICATION SET FORTH IN SUBPARAGRAPH  (I)  OF  PARAGRAPH  B  OF  THIS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04628-01-5

S. 4762                             2

SUBDIVISION  AND, IF OCCURRING BEFORE JUNE THIRTIETH, TWO THOUSAND EIGH-
TEEN 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 EIGHTEEN.
  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.

2015-S4762A (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:: 2009-2010: S998
2011-2012: S2651
2013-2014: S2272

2015-S4762A (ACTIVE) - Summary

2015-S4762A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4762A

 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, 2018.

 SUMMARY OF PROVISIONS :

Section 1 amends section 19-0107 of the environmental conservation law
by adding a new subdivision 25

Section 2 amends subdivision 2 of section 19-0301 of the environmental
conservation law by adding a new paragraph f

Section 3 amends subdivision 1 of section 192-c of the agriculture and
markets law by adding a new paragraph k,

Section 4 renumbers subdivisions 11, 12, and 13 of section 192-c of
the agriculture and markets law as subdivisions 12, 13, and 14 and
adds a new subdivision 11 to this section.

 JUSTIFICATION :

In June 2006, the Federal Environmental Protection Agency began
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.

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 of 25 million gallons
of 100% biodiesel in New York State alone.

 LEGISLATIVE HISTORY :

S.2272a (2013-2014) S.2651a (2011-2012)

 FISCAL IMPLICATIONS :

None

 EFFECTIVE DATE :
This act shall take effect immediately, provided that the commissioner
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 effective the
provisions of section 44 of the legislative law and section 70-b of
the public officers law.

2015-S4762A (ACTIVE) - Bill Text download pdf

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

                                 4762--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             April 15, 2015
                               ___________

Introduced  by  Sen.  FUNKE  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation
  -- recommitted to  the  Committee  on  Environmental  Conservation  in
  accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04628-02-6

S. 4762--A                          2

  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
CERTIFICATION  SET  FORTH  IN  SUBPARAGRAPH  (I)  OF PARAGRAPH B OF THIS
SUBDIVISION AND, IF OCCURRING BEFORE JUNE THIRTIETH, TWO THOUSAND  NINE-
TEEN  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 NINETEEN.
  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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Senate Bill S4762A

Sponsored By

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

Actions

Bill Amendments

2015-S4762 - Details

2015-S4762 - Summary

2015-S4762 - Sponsor Memo

2015-S4762 - Bill Text download pdf

2015-S4762A (ACTIVE) - Details

2015-S4762A (ACTIVE) - Summary

2015-S4762A (ACTIVE) - Sponsor Memo

2015-S4762A (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Rich Funke

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

Actions

Bill Amendments

2015-S4762 - Details

2015-S4762 - Summary

2015-S4762 - Sponsor Memo

2015-S4762 - Bill Text download pdf

2015-S4762A (ACTIVE) - Details

2015-S4762A (ACTIVE) - Summary

2015-S4762A (ACTIVE) - Sponsor Memo

2015-S4762A (ACTIVE) - Bill Text download pdf

Comments