The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7290
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 4, 2021
                                ___________
 
 Introduced  by  M.  of  A.  ENGLEBRIGHT -- read once and referred 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
 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].
   (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]  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 blended
 with  petroleum heating oil that meets the [specifications] REQUIREMENTS
 of the [American Society for Testing  and  Materials  designation]  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11203-01-1

 A. 7290                             2
 
 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.
   (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.
   (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.
   (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.
   (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.
   (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.
   (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.