NY State Senate Bill S3321A

Current Bill Status Via A7290 - Passed Senate & Assembly

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

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Actions

view actions (16)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 24, 2021	returned to assembly passed senate 3rd reading cal.338 substituted for s3321a
May 24, 2021	substituted by a7290
May 10, 2021	amended on third reading 3321a
May 10, 2021	vote reconsidered - restored to third reading returned to senate recalled from assembly
Mar 03, 2021	referred to environmental conservation delivered to assembly passed senate
Feb 22, 2021	advanced to third reading
Feb 10, 2021	2nd report cal.
Feb 09, 2021	1st report cal.338
Jan 28, 2021	referred to environmental conservation

Votes

Bill Amendments

Original

A (Active)

Original

A (Active)

Co-Sponsors

S3321 - Details

See Assembly Version of this Bill:: A7290
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §19-0327, En Con L
Versions Introduced in 2019-2020 Legislative Session:: S6344

S3321 - 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.

S3321 - Sponsor Memo

 
BILL NUMBER: S3321

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 the
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
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 Center, 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:

2020: S6344A (Kaminsky), died in environmental conservation.

2019: S6344 (Kaminsky), died in environmental conservation.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.
 
EFFECTIVE DATE:
This act shall take effect immediately.

S3321 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3321
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 28, 2021
                                ___________
 
 Introduced  by Sens. KAMINSKY, 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
 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
 comprised  of  domestically-produced  renewable  hydrocarbon diesel with
 petroleum heating oil that meets the  specifications  of  ASTM  INTERNA-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01146-01-1

 S. 3321                             2
 
 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.

Co-Sponsors

view additional co-sponsors

S3321A (ACTIVE) - Details

See Assembly Version of this Bill:: A7290
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §19-0327, En Con L
Versions Introduced in 2019-2020 Legislative Session:: S6344

S3321A (ACTIVE) - 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.

S3321A (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S3321A

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;

* 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;

* 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

* exempt kerosene from such requirements;

* 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."

* Prohibit that bioheating fuel be sold to a customer that would void
warranty for a burner or boiler unless the bioheat provider warranties
that the use of such bioheating fuel will be covered to the extent and
time limits of the warranty.

 
JUSTIFICATION:

Switching to bioheating fuel reduces the emissions of multiple pollu-
tants and greenhouse gasses. These emissions cause various health issues
including respiratory and cardiovascular harm. Any reduction in these
emissions would benefit public and environmental health. Additionally,
the mixing of bioheating fuel in heating oil would help reach the
State's goals as detailed in the Climate Leadership and Community
Protection Act.

 
PRIOR LEGISLATIVE HISTORY:

2019-20 S6'344A referred to environmental conservation

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

S3321A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3321--A
     Cal. No. 338
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 28, 2021
                                ___________
 
 Introduced  by Sens. KAMINSKY, ADDABBO, AKSHAR, GAUGHRAN, HINCHEY, JACK-
   SON, PARKER -- read twice and ordered printed, and when printed to  be
   committed  to  the Committee on Environmental Conservation -- reported
   favorably from said committee, ordered to  first  and  second  report,
   ordered  to  a  third  reading,  passed by Senate and delivered to the
   Assembly, recalled, vote  reconsidered,  restored  to  third  reading,
   amended  and  ordered  reprinted,  retaining its place in the order of
   third reading
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD01146-04-1

 S. 3321--A                          2
 
 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  [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.

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The New York State Senate

senate Bill S3321A

Sponsored By

Current Bill Status Via A7290 - Passed Senate & Assembly

Your Voice

Actions

Votes

May 24, 2021 - floor Vote

Floor Vote: May 24, 2021

Mar 3, 2021 - floor Vote

Floor Vote: Mar 3, 2021

Feb 9, 2021 - Environmental Conservation committee Vote

Committee Vote: Feb 9, 2021

Bill Amendments

Co-Sponsors

S3321 - Details

S3321 - Summary

S3321 - Sponsor Memo

S3321 - Bill Text download pdf

Co-Sponsors

S3321A (ACTIVE) - Details

S3321A (ACTIVE) - Summary

S3321A (ACTIVE) - Sponsor Memo

S3321A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S3321A

Share this bill

Sponsored By

Current Bill Status Via A7290 - Passed Senate & Assembly

Your Voice

Actions

Votes

May 24, 2021 - floor Vote

Floor Vote: May 24, 2021

Mar 3, 2021 - floor Vote

Floor Vote: Mar 3, 2021

Feb 9, 2021 - Environmental Conservation committee Vote

Committee Vote: Feb 9, 2021

Bill Amendments

Co-Sponsors

S3321 - Details

S3321 - Summary

S3321 - Sponsor Memo

S3321 - Bill Text download pdf

Co-Sponsors

S3321A (ACTIVE) - Details

S3321A (ACTIVE) - Summary

S3321A (ACTIVE) - Sponsor Memo

S3321A (ACTIVE) - Bill Text download pdf

Comments