NY State Senate Bill 2021-S9014A

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
Aug 22, 2022	print number 9014a
Aug 22, 2022	amend and recommit to environmental conservation
May 04, 2022	referred to environmental conservation

Bill Amendments

Original

A (Active)

2021-S9014 - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §19-0327, En Con L
Versions Introduced in Other Legislative Sessions:: 2023-2024: S5817
2025-2026: S2411

2021-S9014 - Summary

Relates to bioheating fuel requirements; allows both B100 biodiesel and R100 renewable diesel to be used to blend with or replace fossil heating oil in order to create bioheating fuel.

2021-S9014 - Sponsor Memo

                                 
BILL NUMBER: S9014

SPONSOR: PARKER
 
TITLE OF BILL:

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

 
PURPOSE:

This legislation amends the environmental conservation law to increase
the minimum content requirements of biodiesel present in all bioheating
fuel sold in the state.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends section 19-0327 of the environmental conservation law's
subdivision 1 and subdivision 9.

Subsection 1 of section 19-0327 sets forth the appropriate definitions.

Subsection 2 of section 19-0327 sets forth the date and mandates the

minimum content percentage of biodiesel present in bioheating fuel sold
for use in any building as 5%. Additionally, it establishes the
geographic scope of the bill as counties Nassua, Suffolk and Westches-
ter.

Subsection 3 of section 19-0327 sets forth the date and mandates the
minimum content percentage of biodiesel present in bioheating fuel sold
for use in any building as 5%. Additionally, it establishes the
geographic scope of the bill as the State of New York.

Subsection 4 of section 19-0327 sets forth the date and mandates the
minimum content percentage of biodiesel present in bioheating fuel sold
for use in any building as 10%. Additionally, it establishes the
geographic scope of the bill as the State of New York.

Subsection 5 of section 19-0327 sets forth the date and mandates the
minimum content percentage of biodiesel present in bioheating fuel sold
for use in any building as 20%. Additionally, it establishes the
geographic scope of the bill as the State of New York.

Subsection 6 of section 19-0327 section exempts kerosene from the mini-
mum content requirements.

Subsection 7 of section 19-0327 remands power to the governor to suspend
applicability of this section by way of executive order.

Subsection 8a of section 19-0327 prohibits the sale of biofuel and
biofuel blends under outlined circumstances. Subsection 8b preempts any
prior laws concerning mandated percentage levels.

Subsection 9 of section 19-0327 outlines provisions of manufacturer
warranty in concerns to the distribution of bioheating fuel.

Section 2 sets forth the effective date.

 
JUSTIFICATION:

This bill would allow both B100 biodiesel and R100 renewable diesel to
be used to blend with or replace fossil "heating oil" in order to create
"bioheating fuel." Such designations would meet the bioheating fuel
requirements of the environmental conservation law. R100 and B100 are
both grades of pure and unblended biomass-based diesel. B100 is the
grade of fuel allowed under current New York law to be used to meet the
blending requirements for "bioheating fuel." Adding R100 as an option
would increase economic and supply optionality for the marketplace, add
value for the full supply chain, and positively contribute to the envi-
ronmental goals of the recently enacted bioheating fuel requirements.

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

XXX

 
EFFECTIVE DATE:
This act shall take effect immediately

2021-S9014 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9014
 
                             I N  S E N A T E
 
                                May 4, 2022
                                ___________
 
 Introduced  by  Sen.  PARKER -- 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"]  "BIOFUEL"  shall  mean  a fuel, designated B100 OR
 R100, that meets the requirements of the ASTM  international  specifica-
 tion  D6751  OR THE REQUIREMENTS OF THE ASTM INTERNATIONAL SPECIFICATION
 D975.
   (b) "Renewable Hydrocarbon Diesel" shall mean a  [North  American-pro-
 duced]  DOMESTICALLY-PRODUCED  fuel  derived from vegetable oils, animal
 fats, and other renewable feedstocks that meet the requirements of  ASTM
 international   specification  D975.  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]
 BIOFUEL blended with petroleum heating oil that meets  the  requirements
 of the ASTM international specification D396, a fuel comprised of domes-
 tically-produced 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]  ASTM  international  specification
 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.
                                                            LBD15402-01-2

 S. 9014                             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] BIOFUEL.
   (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] BIOFUEL.
   (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] BIOFUEL.
   (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] BIOFUEL.
   (6)  The  minimum content requirements of this section shall not apply
 to kerosene.
   (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] BIOFUEL or  that  meeting  the
 requirement would result in financial hardship to consumers.
   (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] BIOFUEL blended with heating oil, or the sale and use of one
 hundred  percent  [biodiesel]  BIOFUEL,  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] BIOFUEL blends
 with  heating  oil  provided  that such laws require the same or greater
 percentage of [biodiesel] BIOFUEL blended with heating oil  as  required
 by this section.
   (9) 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. THE  COMMISSIONER,  IN
 CONSULTATION  WITH  THE  DEPARTMENT  OF  FINANCIAL SERVICES, SHALL ISSUE
 REGULATIONS THAT STRICTLY ENFORCE SUCH PROVISIONS.
   § 2. This act shall take effect immediately.

2021-S9014A (ACTIVE) - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §19-0327, En Con L
Versions Introduced in Other Legislative Sessions:: 2023-2024: S5817
2025-2026: S2411

2021-S9014A (ACTIVE) - Summary

Relates to bioheating fuel requirements; allows both B100 biodiesel and R100 renewable diesel to be used to blend with or replace fossil heating oil in order to create bioheating fuel.

2021-S9014A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9014A

SPONSOR: PARKER
 
TITLE OF BILL:

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

 
PURPOSE:

This legislation amends the environmental conservation law to increase
the minimum content requirements of biodiesel present in all bioheating
fuel sold in the state.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends section 19-0327 of the environmental conservation law's
subdivision 1 and subdivision 9.

Subsection 1 of section 19-0327 sets forth the appropriate definitions.

Subsection 2 of section 19-0327 sets forth the date and mandates the

minimum content percentage of biodiesel present in bioheating fuel sold
for use in any building as 5%. Additionally, it establishes the
geographic scope of the bill as counties Nassua, Suffolk and Westches-
ter.

Subsection 3 of section 19-0327 mandates the minimum content percentage
of biodiesel present in bioheating fuel sold for use in any building by
the date set forth (2025) as 5%. Additionally, it establishes the
geographic scope of the bill as the State of New York.

Subsection 4 of section 19-0327 mandates the minimum content percentage
of biodiesel present in bioheating fuel sold for use in any building by
the date set forth (2030) as 10%. Additionally, it establishes the
geographic scope of the bill as the State of New York.

Subsection 5 of section 19-0327 mandates the minimum content percentage
of biodiesel present in bioheating fuel sold for use in any building by
the date set forth (2040) as 20%. Additionally, it establishes the
geographic scope of the bill as the State of New York.

Subsection 6 of section 19-0327 section exempts kerosene from the mini-
mum content requirements.

Subsection 7 of section 19-0327 remands power to the governor to suspend
applicability of this section by way of executive order.

Subsection 8a of section 19-0327 prohibits the sale of biofuel and
biofuel blends under outlined circumstances. Subsection 8b preempts any
prior laws concerning mandated percentage levels.

Subsection 9 of section 19-0327 outlines provisions of manufacturer
warranty in concerns to the distribution of bioheating fuel.

Section 2 sets forth the effective date.

 
JUSTIFICATION:

This bill would allow both B100 biodiesel and R100 renewable diesel to
be used to blend with or replace fossil "heating oil" in order to create
"bioheating fuel." Such designations would meet the bioheating fuel
requirements of the environmental conservation law. R100 and B100 are
both grades of pure and unblended biomass-based diesel. B100 is the
grade of fuel allowed under current New York law to be used to meet the
blending requirements for "bioheating fuel." Adding R100 as an option
would increase economic and supply optionality for the marketplace, add
value for the full supply chain, and positively contribute to the envi-
ronmental goals of the recently enacted bioheating fuel requirements.

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

XXX

 
EFFECTIVE DATE:
This act shall take effect immediately

2021-S9014A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9014--A
 
                             I N  S E N A T E
 
                                May 4, 2022
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be committed 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
   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"] "BIOFUEL" shall mean  a  fuel,  designated  B100  OR
 R100,  that  meets the requirements of the ASTM international specifica-
 tion D6751 OR THE REQUIREMENTS OF THE ASTM  INTERNATIONAL  SPECIFICATION
 D975.
   (b)  "Renewable  Hydrocarbon  Diesel" shall mean a North American-pro-
 duced fuel, DESIGNATED R100, derived from vegetable oils,  animal  fats,
 and other renewable feedstocks that meet the requirements of ASTM inter-
 national specification D975. 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, DESIGNATED B100, comprised of
 [biodiesel]  BIOFUEL  blended  with petroleum heating oil that meets the
 requirements of  the  ASTM  international  specification  D396,  a  fuel
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15402-02-2

 S. 9014--A                          2
 
 meets the requirements of the [ATSM]  ASTM  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-
 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] BIOFUEL.
   (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] BIOFUEL.
   (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] BIOFUEL.
   (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] BIOFUEL.
   (6) The minimum content requirements of this section shall  not  apply
 to kerosene.
   (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] BIOFUEL or that meeting the
 requirement would result in financial hardship to consumers.
   (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] BIOFUEL blended with heating oil, or the sale and use of one
 hundred percent [biodiesel] BIOFUEL,  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] BIOFUEL blends
 with heating oil provided that such laws require  the  same  or  greater
 percentage  of  [biodiesel] BIOFUEL blended with heating oil as required
 by this section.
   (9) 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.

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Senate Bill S9014A

Sponsored By

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

Actions

Bill Amendments

2021-S9014 - Details

2021-S9014 - Summary

2021-S9014 - Sponsor Memo

2021-S9014 - Bill Text download pdf

2021-S9014A (ACTIVE) - Details

2021-S9014A (ACTIVE) - Summary

2021-S9014A (ACTIVE) - Sponsor Memo

2021-S9014A (ACTIVE) - Bill Text download pdf

Comments

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Senate Bill S9014A

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Sponsored By

Kevin S. Parker

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

Actions

Bill Amendments

2021-S9014 - Details

2021-S9014 - Summary

2021-S9014 - Sponsor Memo

2021-S9014 - Bill Text download pdf

2021-S9014A (ACTIVE) - Details

2021-S9014A (ACTIVE) - Summary

2021-S9014A (ACTIVE) - Sponsor Memo

2021-S9014A (ACTIVE) - Bill Text download pdf

Comments