S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2742
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2017
                                ___________
 
 Introduced  by  M. of A. FAHY -- read once and referred to the Committee
   on Environmental Conservation
 
 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:
 § 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. § 80.1426, PROVIDED
 THAT  ANY  FEEDSTOCK HAS A CLOUD POINT MEASUREMENT OF LESS THAN EIGHTEEN
 DEGREES CELSIUS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02677-01-7

 A. 2742                             2
 
   (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
 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.
   § 2. This act shall take effect immediately.