NY State Senate Bill 2019-S6344A

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 01, 2020	print number 6344a
Jul 01, 2020	amend and recommit to environmental conservation
Jan 08, 2020	referred to environmental conservation
Jun 05, 2019	referred to rules

Bill Amendments

Original

A (Active)

co-Sponsors

2019-S6344 - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §19-0327, En Con L
Versions Introduced in 2021-2022 Legislative Session:: S3321

2019-S6344 - Summary

Relates to bioheating fuel requirements and bioheating fuel tax credits; requires all heating oil sold for use in any building in the state on and after July 1, 2022 be bioheating fuel that contains a minimum percent biodiesel or renewable hydrocarbon diesel.

2019-S6344 - Sponsor Memo

                                
 
BILL NUMBER: S6344

SPONSOR: KAMINSKY
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
bioheating fuel requirements

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to make statewide heating consumption less
harmful to the environment.

 
SUMMARY OF PROVISIONS:

This bill would:

- require, on or after July 1, 2021, all heating oil sold for use in any
building in the State to be bioheating fuel that contains at least 5%
biodiesel and/or renewable hydrocarbon diesel;

- require, on or after July 1, 2026, all heating oil sold for use in any
building in the State to be bioheating fuel that contains at least 10%
biodiesel and/or renewable hydrocarbon diesel;

- exempt kerosene from such requirements; and,

- make technical amendments to the definitions of biodiesel, renewable
hydrocarbon diesel, bioheating fuel, heating oil, and feedstock to
change "the American Society for Testing and Materials designation" to
"ASTM."

 
JUSTIFICATION:

Biodiesel and renewable hydrocarbon diesel in heating oil reduces a
number of different pollutants and greenhouse gas emissions that are
emitted into the atmosphere. These emissions cause a multitude of health
issues, including respiratory and cardiovascular harm. Any reduction in
the emissions would result in a positive change, not only for public
health but for the environment as well. According to the U.S. Department
of Energy's Alternative Fuels Data Canter, renewable hydrocarbon offers
several benefits: engine and infrastructure compatibility, increased
energy security, fewer emissions, and more flexibility. Mandating the
addition of biodiesel and renewable hydrocarbon diesel in our heating
oil would help reach the State's goals of cleaner air and soil.

 
PRIOR LEGISLATIVE HISTORY:

This is new legislation.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S6344 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6344
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               June 5, 2019
                                ___________
 
 Introduced  by Sens. KAMINSKY, PARKER -- read twice and ordered printed,
   and when printed to be committed to the Committee on Rules
 
 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. Section 19-0327 of the environmental conservation  law,  as
 added by chapter 315 of the laws of 2017, is amended to read as follows:
 § 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]  ASTM  D6751  composed  exclusively of mono-alkyl esters of long
 chain fatty acids derived from feedstock.
   (b) "Renewable Hydrocarbon Diesel" shall mean a  domestically-produced
 fuel  derived  from  vegetable  oils,  animal  fats, and other renewable
 feedstocks that meet  the  most  recent  specifications  of  ASTM  D975.
 Renewable hydrocarbon shall not include any fuel from co-processed biom-
 ass with a feedstock that is not biomass.
   (c) "Bioheating fuel" shall mean a fuel comprised of biodiesel blended
 with  petroleum heating oil that meets the specifications of [the Ameri-
 can Society for Testing and Materials designation]  ASTM  D396,  a  fuel
 comprised  of  domestically-produced  renewable  hydrocarbon diesel with
 petroleum heating oil that meets the specifications  of  ASTM  D975,  or
 other specifications as determined by the commissioner.
   (d)  "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 Mate-
 rials designation] ASTM D396 or other specifications  as  determined  by
 the commissioner.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11903-02-9

 S. 6344                             2
 
   (e)  "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.
   (2)  On  and  after July first, two thousand eighteen, all heating oil
 sold for use in any building within the counties of Nassau, Suffolk  and
 Westchester shall be bioheating fuel that contains at least five percent
 biodiesel AND/OR RENEWABLE HYDROCARBON DIESEL.
   (3)  ON  OR AFTER JULY FIRST, TWO THOUSAND TWENTY-ONE, ALL HEATING OIL
 SOLD FOR USE IN ANY BUILDING WITHIN THE STATE SHALL BE  BIOHEATING  FUEL
 THAT CONTAINS AT LEAST FIVE PERCENT BIODIESEL AND/OR RENEWABLE HYDROCAR-
 BON DIESEL.
   (4)  ON  OR AFTER JULY FIRST, TWO THOUSAND TWENTY-SIX, ALL HEATING OIL
 SOLD FOR USE IN ANY BUILDING WITHIN THE STATE SHALL BE  BIOHEATING  FUEL
 THAT  CONTAINS AT LEAST TEN PERCENT BIODIESEL AND/OR RENEWABLE HYDROCAR-
 BON DIESEL.
   (5) THE MINIMUM CONTENT REQUIREMENTS OF THIS SECTION SHALL  NOT  APPLY
 TO KEROSENE.
   [(3)] (6) 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.
   [(4)] (7) 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 biod-
 iesel blended with heating oil as required by this section.
   § 2. This act shall take effect immediately.

co-Sponsors

2019-S6344A (ACTIVE) - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §19-0327, En Con L
Versions Introduced in 2021-2022 Legislative Session:: S3321

2019-S6344A (ACTIVE) - Summary

2019-S6344A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6344A

SPONSOR: KAMINSKY
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
bioheating fuel requirements

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to make statewide heating consumption less
harmful to the environment.

 
SUMMARY OF PROVISIONS:

This bill would:

- require, on or after July 1, 2022, all heating oil sold for use in any
building in the State to be bioheating fuel that contains at least 5%
biodiesel and/or renewable hydrocarbon diesel;

- require, on or after July 1, 2025, all heating oil sold for use in any
building in the State to be bioheating fuel that contains at least 10%
biodiesel and/or renewable hydrocarbon diesel;

- require, on or after July 1, 2030, all heating oil sold for use in any
building in the State to be bioheating fuel that contains at least 20%
biodiesel and/or renewable hydrocarbon diesel;

- exempt kerosene from such requirements; and,

- make technical amendments to the definitions of biodiesel, renewable
hydrocarbon diesel, bioheating fuel, heating oil, and feedstock to
change "the American Society for Testing and Materials designation" to
"ASTM international specifications."

 
JUSTIFICATION:

Biodiesel and renewable hydrocarbon diesel in heating oil reduces a
number of different pollutants and greenhouse gas emissions that are
emitted into the atmosphere. These emissions cause a multitude of health
issues, including respiratory and cardiovascular harm. Any reduction in
the emissions would result in a positive change, not only for public
health but for the environment as well. According to the U.S. Department
of Energy's Alternative Fuels Data Canter, renewable hydrocarbon offers
several benefits: engine and infrastructure compatibility, increased
energy security, fewer emissions, and more flexibility. Mandating the
addition of biodiesel and renewable hydrocarbon diesel in our heating
oil would help reach the State's goals of cleaner air and soil.

 
PRIOR LEGISLATIVE HISTORY:

This is new legislation.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S6344A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6344--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               June 5, 2019
                                ___________
 
 Introduced  by Sens. KAMINSKY, PARKER -- read twice and ordered printed,
   and when printed to be committed to the Committee on Rules  --  recom-
   mitted  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 committee

 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.  Section 19-0327 of the environmental conservation law, as
 added by chapter 315 of the laws of 2017, is amended to read as follows:
 § 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] REQUIREMENTS of the [American Society for  Testing  and
 Materials  designation] ASTM INTERNATIONAL SPECIFICATION D6751 [composed
 exclusively of mono-alkyl esters of long chain fatty acids derived  from
 feedstock], OR THE MOST RECENT SPECIFICATION.
   (b)  "Renewable Hydrocarbon Diesel" shall mean a domestically-produced
 fuel derived from [vegetable oils,  animal  fats,  and  other  renewable
 feedstocks]  AN  ELIGIBLE  FEEDSTOCK  that [meet] MEETS the [most recent
 specifications] REQUIREMENTS of ASTM INTERNATIONAL  SPECIFICATION  D975,
 OR  THE  MOST  RECENT  SPECIFICATION.    Renewable hydrocarbon shall not
 include any fuel from co-processed biomass with a feedstock that is  not
 biomass.
   (c) "Bioheating fuel" shall mean a fuel comprised of biodiesel [blend-
 ed  with  petroleum  heating]  OR  RENEWABLE  HYDROCARBON DIESEL THAT IS
 BLENDED WITH HEATING oil that meets the [specifications] REQUIREMENTS of
 the [American Society for Testing and Materials designation] ASTM INTER-
 NATIONAL SPECIFICATION D396, OR THE MOST RECENT  SPECIFICATION,  a  fuel
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11903-06-0

 S. 6344--A                          2
 
 comprised  of  domestically-produced  renewable  hydrocarbon diesel with
 petroleum heating oil that meets the  specifications  of  ASTM  INTERNA-
 TIONAL  SPECIFICATION D975, or other specifications as determined by the
 commissioner.
   (d)  "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]  REQUIREMENTS  of the [American Society for
 Testing and Materials designation] ATSM INTERNATIONAL SPECIFICATION D396
 or [other specifications as determined by  the  commissioner]  THE  MOST
 RECENT SPECIFICATION.
   (e)  "Feedstock"  shall  mean soybean oil, CANOLA 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, modify 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.
   (2)  On  and  after July first, two thousand eighteen, all heating oil
 sold for use in any building within the counties of Nassau, Suffolk  and
 Westchester shall be bioheating fuel that contains at least five percent
 biodiesel AND/OR RENEWABLE HYDROCARBON DIESEL.
   (3)  ON  OR AFTER JULY FIRST, TWO THOUSAND TWENTY-TWO, ALL HEATING OIL
 SOLD FOR USE IN ANY BUILDING WITHIN THE STATE SHALL BE  BIOHEATING  FUEL
 THAT CONTAINS AT LEAST FIVE PERCENT BIODIESEL AND/OR RENEWABLE HYDROCAR-
 BON DIESEL.
   (4)  ON OR AFTER JULY FIRST, TWO THOUSAND TWENTY-FIVE, ALL HEATING OIL
 SOLD FOR USE IN ANY BUILDING WITHIN THE STATE SHALL BE  BIOHEATING  FUEL
 THAT  CONTAINS AT LEAST TEN PERCENT BIODIESEL AND/OR RENEWABLE HYDROCAR-
 BON DIESEL.
   (5) ON OR AFTER JULY FIRST, TWO THOUSAND THIRTY, ALL HEATING OIL  SOLD
 FOR  USE  IN ANY BUILDING WITHIN THE STATE SHALL BE BIOHEATING FUEL THAT
 CONTAINS AT LEAST TWENTY PERCENT BIODIESEL AND/OR RENEWABLE  HYDROCARBON
 DIESEL.
   (6)  THE  MINIMUM CONTENT REQUIREMENTS OF THIS SECTION SHALL NOT APPLY
 TO KEROSENE.
   [(3)] (7) 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.
   [(4)] (8) 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  biod-
 iesel blended with heating oil as required by this section.
   § 2. This act shall take effect immediately.

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Senate Bill S6344A

Sponsored By

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

Bill Amendments

co-Sponsors

2019-S6344 - Details

2019-S6344 - Summary

2019-S6344 - Sponsor Memo

2019-S6344 - Bill Text download pdf

co-Sponsors

2019-S6344A (ACTIVE) - Details

2019-S6344A (ACTIVE) - Summary

2019-S6344A (ACTIVE) - Sponsor Memo

2019-S6344A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6344A

Share this bill

Sponsored By

Todd Kaminsky

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

Bill Amendments

co-Sponsors

Kevin S. Parker

2019-S6344 - Details

2019-S6344 - Summary

2019-S6344 - Sponsor Memo

2019-S6344 - Bill Text download pdf

co-Sponsors

Kevin S. Parker

2019-S6344A (ACTIVE) - Details

2019-S6344A (ACTIVE) - Summary

2019-S6344A (ACTIVE) - Sponsor Memo

2019-S6344A (ACTIVE) - Bill Text download pdf

Comments