| 1 | 1 | | <STYLE><!--U {color: Green}S {color: RED} I {color: DARKBLUE; background-color:yellow} P.brk {page-break-before:always}--></STYLE> <BASEFONT SIZE=3> <PRE WIDTH="108"> <FONT SIZE=5><B> STATE OF NEW YORK</B></FONT> ________________________________________________________________________ 7512 2025-2026 Regular Sessions <FONT SIZE=5><B> IN SENATE</B></FONT> April 21, 2025 ___________ 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 <B><U>The People of the State of New York, represented in Senate and Assem-</U></B> <B><U>bly, do enact as follows:</U></B> 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" shall mean a fuel, designated B100, that meets the 9 requirements of the ASTM international specification D6751. 10 (b) "Renewable Hydrocarbon Diesel" shall mean a North American-pro- 11 duced fuel derived from vegetable oils, animal fats, and other renewable 12 feedstocks that meet the requirements of ASTM international specifica- 13 tion D975. Renewable hydrocarbon shall not include any fuel from co-pro- 14 cessed biomass with a feedstock that is not biomass. 15 (c) "Bioheating fuel" shall mean a fuel comprised of biodiesel blended 16 with petroleum heating oil that meets the requirements of the ASTM 17 international specification D396, a fuel comprised of domestically-pro- 18 duced renewable hydrocarbon diesel with petroleum heating oil that meets 19 the specifications of ASTM international specification D975, or other 20 specifications as determined by the commissioner. 21 (d) "Heating oil" shall mean petroleum oil refined for the purpose of 22 use as fuel for combustion in a space and/or water heating system that 23 meets the requirements of the [<B><S>ATSM</S></B>] <B><U>ASTM</U></B> international specification 24 D396 or other specifications as determined by the commissioner. EXPLANATION--Matter in <B><U>italics</U></B> (underscored) is new; matter in brackets [<B><S> </S></B>] is old law to be omitted. LBD11719-01-5 </PRE><P CLASS="brk"><PRE WIDTH="108"> S. 7512 2 1 (e) "Feedstock" shall mean soybean oil, oil from annual cover crops, 2 algal oil, biogenic waste oils, fats or greases, or non-food grade corn 3 oil, provided that the commissioner may, by rules and regulations, modi- 4 fy the definition of feedstock based on the vegetable oils, animal fats 5 or cellulosic biomass listed in table 1 of 40 C.F.R. § 80.1426. 6 (2) On and after July first, two thousand eighteen, all heating oil 7 sold for use in any building within the counties of Nassau, Suffolk and 8 Westchester shall be bioheating fuel that contains at least five percent 9 biodiesel <B><U>and/or renewable hydrocarbon diesel</U></B>. 10 (3) On or after July first, two thousand twenty-two, all heating oil 11 sold for use in any building within the state shall be bioheating fuel 12 that contains at least five percent biodiesel <B><U>and/or renewable hydrocar-</U></B> 13 <B><U>bon diesel</U></B>. 14 (4) On or after July first, two thousand twenty-five, all heating oil 15 sold for use in any building within the state shall be bioheating fuel 16 that contains at least ten percent biodiesel <B><U>and/or renewable hydrocar-</U></B> 17 <B><U>bon diesel</U></B>. 18 (5) On or after July first, two thousand thirty, all heating oil sold 19 for use in any building within the state shall be bioheating fuel that 20 contains at least twenty percent biodiesel <B><U>and/or renewable hydrocarbon</U></B> 21 <B><U>diesel</U></B>. 22 (6) <B><U>On or after July first, two thousand thirty-nine, all heating oil</U></B> 23 <B><U>sold for use in any building within the state shall be bioheating fuel</U></B> 24 <B><U>that contains at least fifty percent biodiesel and/or renewable hydro-</U></B> 25 <B><U>carbon diesel.</U></B> 26 <B><U>(7)</U></B> The minimum content requirements of this section shall not apply 27 to kerosene. 28 [<B><S>(7)</S></B>] <B><U>(8)</U></B> The governor may, by issuing an executive order, temporarily 29 suspend the applicability of this section at any time based on the 30 governor's determination, after consulting with the New York state ener- 31 gy research and development authority and the department, that meeting 32 the requirement of subdivision two of this section is not feasible due 33 to lack of adequate supply of biodiesel or that meeting the requirement 34 would result in financial hardship to consumers. 35 [<B><S>(8)</S></B>] <B><U>(9)</U></B> The requirements of this section shall not: (a) prohibit the 36 sale and use of bioheating fuel with the same or any greater percentage 37 of biodiesel blended with heating oil, or the sale and use of one 38 hundred percent biodiesel, for space and/or water heating purposes in 39 the state; and (b) preempt any laws of the city of New York with respect 40 to mandated percentage levels of biodiesel blends with heating oil 41 provided that such laws require the same or greater percentage of biod- 42 iesel blended with heating oil as required by this section. 43 [<B><S>(9)</S></B>] <B><U>(10)</U></B> No bioheating fuel shall be sold to a customer that would 44 void the manufacturer's warranty for that burner or boiler type unless 45 the bioheat provider warranties in writing to the customer that the use 46 of such bioheating fuel will be covered to the extent and time limits of 47 the warranty then covering such burner or boiler. 48 § 2. This act shall take effect immediately. |
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