Substitute House Bill No. 6412
Public Act No. 21-181
AN ACT CONCERNING A LOW -CARBON FUEL BLEND OF
HEATING OIL.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 16a-21b of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2021):
(a) For purposes of this section:
(1) "Heating oil" means heating fuel that meets the American Society
of Testing Materials or "ASTM" standard D396 or the "ASTM" standard
D6751;
(2) ["Biodiesel blend" means a fuel comprised of mono-alkyl esters of
long chain fatty acids derived from vegetable oils or animal fats that
meets the most recent version of ASTM International designation
D6751;] "Low-carbon fuel blend" means a fuel meeting the standards for
advanced biofuels under the federal Renewable Fuel Standard Program,
requiring a fifty per cent reduction in lifecycle greenhouse gas
emissions, including, but not limited to, qualifying biodiesel meeting
the most recent version of ASTM International designation D6751; and
(3) "Sold" means the wholesale sale made to a retailer or the retail sale
made to an end-user consumer. [;] Substitute House Bill No. 6412
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[(4) "Commissioner" means the Commissioner of Consumer
Protection, or the commissioner's designee; and
(5) "Sufficient in-state production of biodiesel" means fifty per cent of
the annual mandated volume of biodiesel, as determined by the most
recent data available from the Energy Information Administration of the
United States Department of Energy, is available from in-state
producers based upon the combined nameplate capacity of such
producers.]
(b) [(1)] Subject to the provisions of [subdivision (2) of this subsection
and subsections (d) and (f)] subsection (d) of this section, [(A)] (1) not
later than July 1, [2011] 2022, all heating oil sold in this state shall be a
[biodiesel blend] low-carbon fuel blend containing not less than [two]
five per cent biodiesel, [(B)] (2) not later than July 1, [2012] 2025, all
heating oil sold in this state shall be a [biodiesel blend] low-carbon fuel
blend containing not less than [five] ten per cent biodiesel, [(C)] (3) not
later than July 1, [2015] 2030, all heating oil sold in this state shall be a
[biodiesel blend] low-carbon fuel blend containing not less than [ten]
fifteen per cent biodiesel, [(D)] (4) not later than July 1, [2017] 2034, all
heating oil sold in this state shall be a [biodiesel blend] low-carbon fuel
blend containing not less than [fifteen] twenty per cent biodiesel, and
[(E)] (5) not later than July 1, [2020] 2035, all heating oil sold in this state
shall be a [biodiesel blend] low-carbon fuel blend containing not less
than [twenty] fifty per cent biodiesel.
[(2) The provisions of subparagraphs (A) to (E), inclusive, of
subdivision (1) of this subsection shall not take effect until the states of
New York, Massachusetts and Rhode Island each have adopted
requirements that are substantially similar to the provisions of
subparagraphs (A) to (E), inclusive, of subdivision (1) of this
subsection.]
(c) Unless the [commissioner issues a waiver] Commissioner of Substitute House Bill No. 6412
Public Act No. 21-181 3 of 6
Energy and Environmental Protection waives the requirements of
subsection (b) of this section pursuant to subsection [(f)] (d) of this
section, any [biodiesel] low-carbon fuel blended with heating oil shall
be produced in accordance with industry-accepted quality control
standards. A certificate of analysis that verifies conformity with the
critical specifications of designation D6751 of ASTM International, as
defined by the National Biodiesel Accreditation Program, or other
applicable ASTM specification for low-carbon fuel blends, shall be
provided by the marketers or producers of any such [biodiesel] low-
carbon fuel prior to the blending of such [biodiesel] low-carbon fuel
with heating oil. [The Department of Consumer Protection, within
available appropriations, shall verify that biodiesel offered for sale in
this state conforms to the critical specifications of designation D6751 of
ASTM International, as defined by the National Biodiesel Accreditation
Program, and to the biodiesel fuel quality compliance protocol currently
accepted by the Department of Consumer Protection.]
(d) The Commissioner of Energy and Environmental Protection may
temporarily waive the requirements of subsection (b) of this section if
the commissioner determines that, at any time, such requirements (1)
are not feasible due to a lack of adequate supply of biodiesel, or (2)
would result in a financial hardship to consumers.
(e) Not later than July 1, 2022, the Commissioner of Energy and
Environmental Protection may adopt regulations, in accordance with
chapter 54, concerning the requirement of retailers of heating oil to
disclose the percentage of low-carbon fuel blend contained in the home
heating oil delivered to consumers or an approximate range of such
percentage.
[(d) On or before April 1, 2011, and on or before April 1, 2012, the
Commissioner of Consumer Protection, in consultation with the
Distillate Advisory Board established pursuant to subsection (e) of this
section, shall, within available appropriations, determine whether there Substitute House Bill No. 6412
Public Act No. 21-181 4 of 6
is sufficient in-state production of biodiesel, to comply with the
provisions of subparagraphs (A) and (B) of subdivision (1) of subsection
(b) of this section, respectively. If the commissioner determines that such
production is not sufficient, the commissioner, in consultation with the
board, may delay the implemen tation date contained in said
subparagraph until July 1, 2012, or earlier, and July 1, 2013, or earlier,
respectively, provided the commissioner: (1) Not later than three
business days after such determination, posts a notice specifying the
duration of such delay on the department's Internet web site, and (2) not
later than thirty days after such posting, reports, in accordance with the
provisions of section 11-4a, the reasons for such delay to the joint
standing committees of the General Assembly having cognizance of
matters relating to the environment, general law and energy and
technology.
(e) (1) There is established a Distillate Advisory Board. Such board
shall be located in the Department of Consumer Protection and shall
consist of the following members appointed by the Commissioner of
Consumer Protection: (A) Two representatives of the producers or
suppliers of biodiesel in this state, (B) two representatives of the retail
heating oil industry in this state, and (C) two representatives of the
wholesale distillate supply industry in this state. Each member of the
board shall serve at the pleasure of the commissioner and without
compensation. No funds shall be allocated or made available to the
board.
(2) The board shall advise the commissioner on industry and market
progress in meeting and enabling compliance with the requirements of
subsections (b) and (c) of this section.
(f) (1) The Commissioner of Consumer Protection, upon the receipt of
a petition submitted by the Distillate Advisory Board in compliance
with the provisions of subdivision (2) of this subsection, shall
temporarily waive the requirements of subsections (b) and (c) of this Substitute House Bill No. 6412
Public Act No. 21-181 5 of 6
section when: (A) The United States Department of Energy authorizes a
release from the Northeast Heating Oil Reserve, (B) there is an
inadequate supply of low-sulfur distillate products, or (C) there is an
inadequate supply of biodiesel blending stocks or an operational
problem that affects the supply of biodiesel blending stocks. Any such
waiver shall be for a period of not less than thirty days and not more
than forty-five days, provided such waiver may be renewed after the
expiration of such period of time.
(2) Any petition from the Distillate Advisory Board that requests a
waiver of any requirement of subsection (b) or (c) of this section shall
include, at a minimum: (A) A statement of the immediate threat to the
health and safety of the citizens of this state posed by the inadequate
supply of low-sulfur distillate products, biodiesel blending stocks or
operational problems that affect the supply of biodiesel blending stocks,
as applicable, (B) the cause and nature of such inadequate supply or
operational problem, as applicable, (C) the expected duration of such
inadequate supply or operational problem, and (D) as applicable, a
description of any alternative distillate supply that temporarily is
needed to take the place of the applicable distillate supply described in
subsection (b) or (c) of this section. Not later than three business days
after receipt of any such petition, the commissioner shall issue a waiver
of the requirements of subsection (b) or (c) of this section, as applicable.
(g) Not later than February 1, 2012, and each year thereafter, the
Commissioner of Consumer Protection, in consultation with the
Distillate Advisory Board, shall submit a report, in accordance with the
provisions of section 11-4a, to the joint standing committees of the
General Assembly having cognizance of matters relating to energy and
the environment on the progress in meeting the requirements of this
section and on any effect that such requirements may have on the price
or supply of heating oil in this state.]
Sec. 2. Section 16a-3d of the general statutes is amended by adding Substitute House Bill No. 6412
Public Act No. 21-181 6 of 6
subsection (e) as follows (Effective July 1, 2021):
(NEW) (e) For the Comprehensive Energy Strategy next approved
after October 1, 2021, and every Comprehensive Energy Strategy
prepared thereafter, the Commissioner of Energy and Environmental
Protection shall consider (1) the reductions in greenhouse gas emissions
resulting from low-carbon fuel blends used in home heating oil on a life-
cycle basis, (2) possible contributions to the state's greenhouse gas
emissions mandated levels, pursuant to section 22a-200a, in connection
with the reduction of greenhouse gas emissions on a life-cycle basis, (3)
the ability of a thermal portfolio standard to further reductions in
greenhouse gas emissions on a life-cycle basis, and (4) the relative value
of the reductions in greenhouse gas emissions on a life-cycle basis
achieved by biodiesel and other low-carbon fuel blends used currently
in the state compared with the value of future projected greenhouse gas
emissions reductions achieved by the retail heating oil industry on a life-
cycle basis five, ten, and twenty years into the future using the
Department of Energy and Environmental Protections'
contemporaneous projection of renewable energy utilized.