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.

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S3028B-2011 Actions

• May 29, 2012: PRINT NUMBER 3028B
• May 29, 2012: AMEND (T) AND RECOMMIT TO ENERGY AND TELECOMMUNICATIONS
• Jan 25, 2012: PRINT NUMBER 3028A
• Jan 25, 2012: AMEND AND RECOMMIT TO ENERGY AND TELECOMMUNICATIONS
• Jan 4, 2012: REFERRED TO ENERGY AND TELECOMMUNICATIONS
• Feb 7, 2011: REFERRED TO ENERGY AND TELECOMMUNICATIONS

S3028B-2011 Memo

BILL NUMBER:S3028B

TITLE OF BILL:
An act
to amend the environmental conservation law, in relation to bioheating
fuel requirements

PURPOSE OR GENERAL IDEA OF BILL:
To mandate those who sell retail heating oil to include a biodiesel
blend in all heating fuel they sell.

SUMMARY OF PROVISIONS:
Section 1- Establishes the legislative intent of the bill.

Requires retail heating oil consist of a blend of biodiesel at the
following levels:

a: For January 1st, 2013 a five percent blend
b: For January 1st, 2014 a ten percent blend
c: For January 1st, 2015 a twenty percent blend

JUSTIFICATION:
Studies have shown that diesel fumes contain particulate matter which
can trigger asthma attacks and other respiratory ailments in children
and that levels of diesel fumes are up to four times greater inside a
bus than ambient levels. Diesel exhaust is classified as a probable
human carcinogen by many government authorities including the state
attorney general. in addition, dark particles from diesel fuel have
been found embedded in glacial ice contributing to rapid melting of
polar ice. It is in the interest of the citizens of this state to
reduce the use of diesel fuels by consumers to encourage home-grown
fuels that decrease on dependency on foreign oil.

PRIOR LEGISLATIVE HISTORY:
05/31/07 Referred to Energy
01/09/08 Referred to Energy

FISCAL IMPLICATIONS:
None to state.

EFFECTIVE DATE:
This act shall take effect immediately.

S3028B-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                   3028--B

                         2011-2012 Regular Sessions

                              I N  SENATE

                              February 7, 2011
                                 ___________

  Introduced  by  Sen. MAZIARZ -- read twice and ordered printed, and when
    printed to be committed to the Committee on  Energy  and  Telecommuni-
    cations  --  recommitted  to  the Committee on Energy and Telecommuni-
    cations in  accordance  with  Senate  Rule  6,  sec.  8  --  committee
    discharged, bill amended, ordered reprinted as amended and recommitted
    to  said  committee  --  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:


    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

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD08609-04-2

 S. 3028--B                          2

  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.
    (2)  ON  AND AFTER OCTOBER FIRST, TWO THOUSAND TWELVE, 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 THIRTEEN,  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.