S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5344
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               March 2, 2023
                                ___________
 
 Introduced  by  Sen.  CLEARE -- 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] 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.
                                                            LBD09950-01-3
 S. 5344                             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-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-SEVEN, 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.