STATE OF NEW YORK ________________________________________________________________________ 5817--A 2023-2024 Regular Sessions IN SENATE March 17, 2023 ___________ Introduced by Sens. PARKER, WALCZYK -- 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: 1 Section 1. Section 19-0327 of the environmental conservation law, as 2 amended by chapter 750 of the laws of 2021, paragraph (b) of subdivision 3 1 and subdivision 9 as amended by chapter 5 of the laws of 2022, is 4 amended to read as follows: 5 § 19-0327. Bioheating fuel requirements. 6 (1) Definitions. For the purpose of this section, the following terms 7 shall have the following meanings: 8 (a) ["Biodiesel"] "Biofuel" shall mean a fuel, produced in North Amer- 9 ica designated B100, B99, R100, or R99, that meets the requirements of 10 the ASTM international specification D6751 or the requirements of the 11 ASTM international specification D975. R100 or R99 shall not include 12 cessed biomass with a feedstock that is not biomass; provided, however, 13 that biofuel shall include R100 or R99 produced from hydroprocessing 14 renewable biomass feedstocks. 15 (b) ["Renewable Hydrocarbon Diesel" shall mean a North American-pro- 16 duced fuel derived from vegetable oils, animal fats, and other renewable 17 feedstocks that meet the requirements of ASTM international specifica- 18 tion D975. Renewable hydrocarbon shall not include any fuel from co-pro- 19 cessed biomass with a feedstock that is not biomass. 20 (c)] "Bioheating fuel" shall mean a fuel, designated B100 or B99, 21 comprised of [biodiesel] biofuel produced in North America blended with 22 petroleum heating oil that meets the requirements of the ASTM interna- 23 tional specification D396, a fuel comprised of domestically-produced EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01634-06-3
S. 5817--A 2 1 [renewable hydrocarbon diesel] R100 or R99 with petroleum heating oil 2 that meets the specifications of ASTM international specification D975, 3 or other specifications as determined by the commissioner. 4 [(d)] (c) "Heating oil" shall mean petroleum oil refined for the 5 purpose of use as fuel for combustion in a space and/or water heating 6 system that meets the requirements of the [ATSM] ASTM international 7 specification D396 or other specifications as determined by the commis- 8 sioner. 9 [(e)] (d) "Feedstock" shall mean soybean oil, oil from annual cover 10 crops, algal oil, biogenic waste oils, fats or greases, or non-food 11 grade corn oil, provided that the commissioner may, by rules and regu- 12 lations, modify the definition of feedstock based on the vegetable oils, 13 animal fats or cellulosic biomass listed in table 1 of 40 C.F.R. § 14 80.1426. 15 (2) On and after July first, two thousand eighteen, all heating oil 16 sold for use in any building within the counties of Nassau, Suffolk and 17 Westchester shall be bioheating fuel that contains at least five percent 18 [biodiesel] biofuel. 19 (3) On or after July first, two thousand twenty-two, all heating oil 20 sold for use in any building within the state shall be bioheating fuel 21 that contains at least five percent [biodiesel] biofuel. 22 (4) On or after July first, two thousand twenty-five, all heating oil 23 sold for use in any building within the state shall be bioheating fuel 24 that contains at least ten percent [biodiesel] biofuel. 25 (5) On or after July first, two thousand thirty, all heating oil sold 26 for use in any building within the state shall be bioheating fuel that 27 contains at least twenty percent [biodiesel] biofuel. 28 (6) The minimum content requirements of this section shall not apply 29 to kerosene. 30 (7) The governor may, by issuing an executive order, temporarily 31 suspend the applicability of this section at any time based on the 32 governor's determination, after consulting with the New York state ener- 33 gy research and development authority and the department, that meeting 34 the requirement of subdivision two of this section is not feasible due 35 to lack of adequate supply of [biodiesel] biofuel or that meeting the 36 requirement would result in financial hardship to consumers. 37 (8) The requirements of this section shall not: (a) prohibit the sale 38 and use of bioheating fuel with the same or any greater percentage of 39 [biodiesel] biofuel blended with heating oil, or the sale and use of one 40 hundred percent [biodiesel] biofuel, for space and/or water heating 41 purposes in the state; and (b) preempt any laws of the city of New York 42 with respect to mandated percentage levels of [biodiesel] biofuel blends 43 with heating oil provided that such laws require the same or greater 44 percentage of [biodiesel] biofuel blended with heating oil as required 45 by this section. 46 (9) No bioheating fuel shall be sold to a customer that would void the 47 manufacturer's warranty for that burner or boiler type unless the 48 [bioheat] bioheating fuel provider warranties in writing to the customer 49 that the use of such bioheating fuel will be covered to the extent and 50 time limits of the warranty then covering such burner or boiler. 51 § 2. This act shall take effect immediately.