Requires all heating oil sold within the counties of Nassau, Rockland, Suffolk and Westchester and the counties of the city of New York to be bioheating fuel that contains at least two percent biodiesel.
TITLE OF BILL: An act to amend the environmental conservation law, in relation to bioheating fuel requirements
PURPOSE OR GENERAL IDEA OF BILL: This bill will require all heating oil sold for use in any building within certain counties to contain at least two percent biodiesel, on and after October 1, 2013; on July 1, 2014, all heating oil sold statewide would need to meet this standard.
SUMMARY OF SPECIFIC PROVISIONS: Section 1 defines terms for the purpose of this bill. Beginning October 1st, 2013, all heating oil sold for use in any building within the counties of Nassau, Rockland, Suffolk, Westchester and the city of New York shall be bioheating fuel that contains at least two Percent biodiesel. On July 1st, 2014, all heating oil sold for use in any building in the state shall be bioheating fuel that contains at least two percent biodiesel. The governor may issue an executive order to temporarily suspend the applicability of this section at any time based on the governor's determination, after consulting with NYSERDA and DEC, 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.
The requirements 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 bio diesel blends with heating oil provided that such laws require the same or greater percentage of biodiesel blended with heating oil as required by this section.
Section 2 is the effective date.
JUSTIFICATION: Bioheating standards will help spur an untapped market for New York businesses and farmers in the production of biodiesel fuel while reducing pollution and dependence on foreign energy sources. New York State will accrue major economic benefits from the construction and production of biodiesel facilities and New York State farmers will profit from harvests being used in the refining and Processing stages of biodiesel fuel production. Moreover, a biodiesel content requirement will encourage New York farmers to increase production, thus strengthening an industry which has struggled in recent years to yield sustainable profits. Increasing the use of biodiesel will create new markets for agricultural products, create more local jobs, and reduce emissions. This fuel also has the benefit of higher efficiency and of literally being "home grown" to help reduce our dependence on foreign oil.
PRIOR LEGISLATIVE HISTORY: S.3028B/A10393 of 2011-12; Amend and Recommit to Energy and Telecommunications
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None to the state.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 1184 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________Introduced by Sen. MAZIARZ -- 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. The environmental conservation law is amended by adding a new section 19-0327 to read as follows: S 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 OF THE AMERICAN SOCIETY FOR TESTING AND MATERIALS DESIG- NATION D6751 COMPOSED EXCLUSIVELY OF MONO-ALKYL ESTERS OF LONG CHAIN FATTY ACIDS DERIVED FROM FEEDSTOCK. (B) "BIOHEATING FUEL" SHALL MEAN A FUEL COMPRISED OF BIODIESEL BLENDED WITH PETROLEUM HEATING OIL THAT MEETS THE SPECIFICATIONS OF THE AMERICAN SOCIETY FOR TESTING AND MATERIALS DESIGNATION D396 OR OTHER SPECIFICA- TIONS AS DETERMINED BY THE COMMISSIONER. (C) "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 OF THE AMERICAN SOCIETY FOR TESTING AND MATERI- ALS DESIGNATION D396 OR OTHER SPECIFICATIONS AS DETERMINED BY THE COMMISSIONER. (D) "FEEDSTOCK" SHALL MEAN SOYBEAN OIL, OIL FROM ANNUAL COVERCROPS, 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. S 80.1426.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02277-01-3 S. 1184 2
(2) ON AND AFTER OCTOBER FIRST, TWO THOUSAND THIRTEEN, ALL HEATING OIL SOLD FOR USE IN ANY BUILDING WITHIN THE COUNTIES OF NASSAU, ROCKLAND, SUFFOLK, WESTCHESTER AND THE COUNTIES OF THE CITY OF NEW YORK SHALL BE BIOHEATING FUEL THAT CONTAINS AT LEAST TWO PERCENT BIODIESEL. (3) ON AND AFTER JULY FIRST, TWO THOUSAND FOURTEEN, ALL HEATING OIL SOLD FOR USE IN ANY BUILDING IN THE STATE SHALL BE BIOHEATING FUEL THAT CONTAINS AT LEAST TWO PERCENT BIODIESEL. (4) 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. (5) 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 BIODIESEL BLENDED WITH HEATING OIL AS REQUIRED BY THIS SECTION. S 2. This act shall take effect immediately.