Senate Bill S8469

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8469
 
                             I N  S E N A T E
 
                               March 4, 2022
                                ___________
 
 Introduced  by Sen. KAMINSKY -- 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.  Section 19-0327 of the environmental conservation law,  as
 amended by chapter 750 of the laws of 2021, paragraph (b) of subdivision
 1  and  subdivision  9  as  amended by chapter 5 of the laws of 2022, 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
 requirements of the ASTM international specification D6751.
   (b) "Renewable Hydrocarbon Diesel" shall mean  a  North  American-pro-
 duced fuel derived from vegetable oils, animal fats, and other renewable
 feedstocks  that  meet the requirements of ASTM international specifica-
 tion D975. Renewable hydrocarbon shall not include any fuel from co-pro-
 cessed biomass 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  requirements  of  the  ASTM
 international  specification D396, a fuel comprised of domestically-pro-
 duced renewable hydrocarbon diesel with petroleum heating oil that meets
 the specifications of ASTM international 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  requirements of the ATSM international specification D396 or
 other specifications as determined by the commissioner.
   (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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14760-01-2
              

 S. 8469                             2
 
 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-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)  ON OR AFTER JULY FIRST, TWO THOUSAND THIRTY-FIVE, ALL HEATING OIL
 SOLD FOR USE IN ANY BUILDING WITHIN THE STATE SHALL BE  BIOHEATING  FUEL
 THAT  CONTAINS  AT LEAST FIFTY PERCENT BIODIESEL AND/OR RENEWABLE HYDRO-
 CARBON DIESEL.
   (7) The minimum content requirements of this section shall  not  apply
 to kerosene.
   [(7)] (8) 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 financial hardship to consumers.
   [(8)] (9) 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.
   [(9)] (10) No bioheating fuel shall be sold to a customer  that  would
 void  the  manufacturer's warranty for that burner or boiler type unless
 the bioheat provider warranties in writing to the customer that the  use
 of such bioheating fuel will be covered to the extent and time limits of
 the warranty then covering such burner or boiler.
   § 2. This act shall take effect immediately.