NY State Senate Bill 2015-S2744A

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 15, 2016	print number 2744a
Jan 15, 2016	amend and recommit to environmental conservation
Jan 06, 2016	referred to environmental conservation
May 28, 2015	reported and committed to finance
Jan 28, 2015	referred to environmental conservation

Votes

- May 28, 2015 - Environmental Conservation Committee Vote
  S2744A
  
  7
  
  Aye
  
  2
  
  Nay
  
  4
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Environmental Conservation Committee Vote: May 28, 2015
      
      aye (7)
      
      Addabbo Jr.
      
      Avella
      
      Espaillat
      
      Hoylman-Sigal
      
      Latimer
      
      Marcellino
      
      Serrano
      
      nay (2)
      
      Little
      
      Ortt
      
      aye wr (4)
      
      Funke
      
      LaValle
      
      O'Mara
      
      Young

Bill Amendments

Original

A (Active)

2015-S2744 - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add §19-0327, En Con L; amd §§210-B & 606 Tax L

2015-S2744 - Summary

Relates to bioheating fuel requirements and bioheating fuel tax credits.

2015-S2744 - Sponsor Memo

                                BILL NUMBER:S2744

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

PURPOSE:

This bill will require all heating oil sold in New York State to
contain at least two percent biodiesel no later than July 1, 2016, and
will restructure the existing tax structure to incentivize the use of
at least five percent biodiesel.

SUMMARY OF PROVISIONS:

This bill would:

Require, on and after October 1, 2015, all heating oil sold for use in
any building within the counties of Nassau. Rockland, Suffolk,
Westchester, and the city of New York to contain at least two percent
biodiesel;

Require, on and after July 1, 2016, all heating oil sold for use in
any building in the State to contain at least two percent biodiesel;

Authorize the Governor, by executive order, to suspend biodiesel
requirements temporarily, after consultation with NYSERDA and DEC, and

issuing a finding that meeting the requirements is not feasible due to
lack of adequate supply of biodiesel or undue financial hardship to
consumers; and,

Modify the Personal Income and Franchise Tax provisions related to
bioheating fuel to provide credits only when the biodiesel component
is at least five percent.

JUSTIFICATION:

Bioheating standards will result in less air pollution, a more
efficient fuel, reduce dependence on foreign energy sources, and open
up new markets for New York businesses and farmers.  Biodiesel is made
by "refining" fats and oils such as vegetable oil, waste grease, and
used cooking oils. It is anticipated that New York will derive major
economic impact from the production, processing, and the construction
of biodiesel facilities. In addition, a new biodiesel content
requirement will provide an incentive for New York farmers to increase
the production. As a result, increasing the use of biodiesel will
create new markets for agricultural products, create more local jobs,
reduce emissions and help protect water quality. 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:

A.8435 of 2014 (Sweeney): Passed Assembly

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

This bill is intended to be revenue neutral.


EFFECTIVE DATE:

This act shall take effect immediately.

2015-S2744 - Bill Text download pdf

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

                                  2744

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 28, 2015
                               ___________

Introduced  by  Sen. HOYLMAN -- 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 and the tax  law,  in
  relation to bioheating fuel

  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 COVER CROPS,
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.
  (2) ON AND AFTER OCTOBER FIRST, TWO THOUSAND FIFTEEN, ALL HEATING  OIL
SOLD  FOR  USE  IN ANY BUILDING WITHIN THE COUNTIES OF NASSAU, ROCKLAND,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08269-01-5

S. 2744                             2

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 SIXTEEN, 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.  Paragraph (a) and subparagraph (ii) of paragraph (b) of subdivi-
sion  25 of section 210-B of the tax law, as added by section 17 of part
A of chapter 59 of the laws of 2014, are amended to read as follows:
  (a) General. A taxpayer shall be allowed  a  credit  against  the  tax
imposed  by  this  article.  Such  credit, to be computed as hereinafter
provided, shall be allowed for [bioheat] BIOHEATING FUEL, used for space
heating or hot water production for  residential  purposes  within  this
state purchased before January first, two thousand seventeen. Such cred-
it  shall  be  $0.01  per  percent  of biodiesel per gallon of [bioheat]
BIOHEATING FUEL, not to exceed twenty cents  per  gallon,  purchased  by
such taxpayer, PROVIDED, HOWEVER:
  (I)  ON  OR AFTER OCTOBER FIRST, TWO THOUSAND FIFTEEN, BIOHEATING FUEL
USED WITHIN THE COUNTIES OF NASSAU, ROCKLAND, SUFFOLK,  WESTCHESTER  AND
THE  COUNTIES OF THE CITY OF NEW YORK, SHALL BE ELIGIBLE FOR THIS CREDIT
ONLY FOR GALLONS OF BIOHEATING FUEL WHICH  CONTAIN  A  MINIMUM  OF  FIVE
PERCENT  BIODIESEL  AND  THE  AMOUNT  OF  SUCH  CREDIT SHALL BE $.01 PER
PERCENT, IN EXCESS OF TWO PERCENT, OF BIODIESEL PER GALLON OF BIOHEATING
FUEL, NOT TO EXCEED EIGHTEEN CENTS PER GALLON, AND
  (II) ON OR AFTER JULY FIRST, TWO  THOUSAND  SIXTEEN,  BIOHEATING  FUEL
USED WITHIN THE STATE SHALL BE ELIGIBLE FOR THIS CREDIT ONLY FOR GALLONS
OF BIOHEATING FUEL WHICH CONTAIN A MINIMUM OF FIVE PERCENT BIODIESEL AND
THE  AMOUNT  OF  SUCH CREDIT SHALL BE $.01 PER PERCENT, IN EXCESS OF TWO
PERCENT, OF BIODIESEL PER GALLON OF BIOHEATING FUEL, NOT TO EXCEED EIGH-
TEEN CENTS PER GALLON.
  (ii) ["Bioheat"] "BIOHEATING FUEL" shall  mean  a  fuel  comprised  of
biodiesel  blended  with  conventional home heating oil, which meets the
specifications of the American Society of Testing and  Materials  desig-
nation D 396 or D 975.
  S  3.  Paragraph  1  and subparagraph (b) of paragraph 2 of subsection
(mm) of section 606 of the tax law, paragraph 1 as  amended  by  chapter
193  of the laws of 2012 and subparagraph (b) of paragraph 2 as added by
section 2 of part D of chapter 35 of the laws of 2006,  are  amended  to
read as follows:
  (1)  A  taxpayer  shall be allowed a credit against the tax imposed by
this article. Such credit, to be computed as hereinafter provided, shall
be allowed for [bioheat] BIOHEATING FUEL, used for space heating or  hot

S. 2744                             3

water   production  for  residential  purposes  within  this  state  and
purchased on or after July first,  two  thousand  six  and  before  July
first,  two  thousand  seven and on or after January first, two thousand
eight  and  before  January  first,  two thousand seventeen. Such credit
shall be $0.01 per percent of biodiesel per gallon of [bioheat] BIOHEAT-
ING FUEL, not to exceed twenty  cents  per  gallon,  purchased  by  such
taxpayer, PROVIDED, HOWEVER:
  (A)  ON  OR AFTER OCTOBER FIRST, TWO THOUSAND FIFTEEN, BIOHEATING FUEL
USED WITHIN THE COUNTIES OF NASSAU, ROCKLAND, SUFFOLK,  WESTCHESTER  AND
THE  COUNTIES OF THE CITY OF NEW YORK, SHALL BE ELIGIBLE FOR THIS CREDIT
ONLY FOR GALLONS OF BIOHEATING FUEL WHICH  CONTAIN  A  MINIMUM  OF  FIVE
PERCENT  BIODIESEL  AND  THE  AMOUNT  OF  SUCH  CREDIT SHALL BE $.01 PER
PERCENT, IN EXCESS OF TWO PERCENT, OF BIODIESEL PER GALLON OF BIOHEATING
FUEL, NOT TO EXCEED EIGHTEEN CENTS PER GALLON, AND
  (B) ON OR AFTER JULY FIRST, TWO THOUSAND SIXTEEN, BIOHEATING FUEL USED
WITHIN THE STATE SHALL BE ELIGIBLE FOR THIS CREDIT ONLY FOR  GALLONS  OF
BIOHEATING  FUEL  WHICH  CONTAIN A MINIMUM OF FIVE PERCENT BIODIESEL AND
THE AMOUNT OF SUCH CREDIT SHALL BE $.01 PER PERCENT, IN  EXCESS  OF  TWO
PERCENT, OF BIODIESEL PER GALLON OF BIOHEATING FUEL, NOT TO EXCEED EIGH-
TEEN CENTS PER GALLON.
  (b) ["Bioheat"] "BIOHEATING FUEL" shall mean a fuel comprised of biod-
iesel  blended with conventional home heating oil, which meets the spec-
ifications of the American Society of Testing and Materials  designation
D 396 or D 975.
  S 4. This act shall take effect immediately.

2015-S2744A (ACTIVE) - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add §19-0327, En Con L; amd §§210-B & 606 Tax L

2015-S2744A (ACTIVE) - Summary

Relates to bioheating fuel requirements and bioheating fuel tax credits.

2015-S2744A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2744A

 TITLE OF BILL :

An act to amend the environmental conservation law and the tax law, in
relation to bioheating fuel

 PURPOSE :

This bill will require all heating oil sold in New York State to
contain at least two percent biodiesel no later than July 1, 2016, and
will restructure the existing tax structure to incentivize the use of
at least five percent biodiesel.

 SUMMARY OF PROVISIONS :

This bill would:

Require, on and after October 1, 2016, all heating oil sold for use in
any building within the counties of Nassau. Rockland, Suffolk,
Westchester, and the city of New York to contain at least two percent
biodiesel;

Require, on and after July 1, 2017, all heating oil sold for use in
any building in the State to contain at least two percent biodiesel;

Authorize the Governor, by executive order, to suspend biodiesel
requirements temporarily, after consultation with NYSERDA and DEC, and
issuing a finding that meeting the requirements is not feasible due to
lack of adequate supply of biodiesel or undue financial hardship to
consumers; and,

Modify the Personal Income and Franchise Tax provisions related to
bioheating fuel to provide credits only when the biodiesel component
is at least five percent.

 JUSTIFICATION :

Bioheating standards will result in less air pollution, a more
efficient fuel, reduce dependence on foreign energy sources, and open
up new markets for New York businesses and farmers.  Biodiesel is made
by "refining" fats and oils such as vegetable oil, waste grease, and
used cooking oils. It is anticipated that New York will derive major
economic impact from the production, processing, and the construction
of biodiesel facilities. In addition, a new biodiesel content
requirement will provide an incentive for New York farmers to increase
the production. As a result, increasing the use of biodiesel will
create new markets for agricultural products, create more local jobs,
reduce emissions and help protect water quality. 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 :

A.8435 of 2014 (Sweeney): Passed Assembly

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :

This bill is intended to be revenue neutral.

 EFFECTIVE DATE :
This act shall take effect immediately.

2015-S2744A (ACTIVE) - Bill Text download pdf

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

                                 2744--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 28, 2015
                               ___________

Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation
  -- recommitted to  the  Committee  on  Environmental  Conservation  in
  accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN  ACT  to amend the environmental conservation law and the tax law, in
  relation to bioheating fuel

  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  COVER  CROPS,
ALGAL  OIL, BIOGENIC WASTE OILS, FATS OR GREASES, OR NON-FOOD GRADE CORN
OIL, PROVIDED THAT THE COMMISSIONER MAY, BY RULES AND REGULATIONS, MODI-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08269-02-6

S. 2744--A                          2

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 SIXTEEN, 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 SEVENTEEN, 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.  Paragraph (a) and subparagraph (ii) of paragraph (b) of subdivi-
sion 25 of section 210-B of the tax law, as added by section 17 of  part
A of chapter 59 of the laws of 2014, are amended to read as follows:
  (a)  General.  A  taxpayer  shall  be allowed a credit against the tax
imposed by this article. Such credit,  to  be  computed  as  hereinafter
provided, shall be allowed for [bioheat] BIOHEATING FUEL, used for space
heating  or  hot  water  production for residential purposes within this
state purchased before January first, two thousand seventeen. Such cred-
it shall be $0.01 per percent  of  biodiesel  per  gallon  of  [bioheat]
BIOHEATING  FUEL,  not  to  exceed twenty cents per gallon, purchased by
such taxpayer, PROVIDED, HOWEVER:
  (I) ON OR AFTER OCTOBER FIRST, TWO THOUSAND SIXTEEN,  BIOHEATING  FUEL
USED  WITHIN  THE COUNTIES OF NASSAU, ROCKLAND, SUFFOLK, WESTCHESTER AND
THE COUNTIES OF THE CITY OF NEW YORK, SHALL BE ELIGIBLE FOR THIS  CREDIT
ONLY  FOR  GALLONS  OF  BIOHEATING  FUEL WHICH CONTAIN A MINIMUM OF FIVE
PERCENT BIODIESEL AND THE AMOUNT  OF  SUCH  CREDIT  SHALL  BE  $.01  PER
PERCENT, IN EXCESS OF TWO PERCENT, OF BIODIESEL PER GALLON OF BIOHEATING
FUEL, NOT TO EXCEED EIGHTEEN CENTS PER GALLON, AND
  (II)  ON  OR AFTER JULY FIRST, TWO THOUSAND SEVENTEEN, BIOHEATING FUEL
USED WITHIN THE STATE SHALL BE ELIGIBLE FOR THIS CREDIT ONLY FOR GALLONS
OF BIOHEATING FUEL WHICH CONTAIN A MINIMUM OF FIVE PERCENT BIODIESEL AND
THE AMOUNT OF SUCH CREDIT SHALL BE $.01 PER PERCENT, IN  EXCESS  OF  TWO
PERCENT, OF BIODIESEL PER GALLON OF BIOHEATING FUEL, NOT TO EXCEED EIGH-
TEEN CENTS PER GALLON.
  (ii)  ["Bioheat"]  "BIOHEATING  FUEL"  shall  mean a fuel comprised of
biodiesel blended with conventional home heating oil,  which  meets  the
specifications  of  the American Society of Testing and Materials desig-
nation D 396 or D 975.
  S 3. Paragraph 1 and subparagraph (b) of  paragraph  2  of  subsection
(mm)  of  section  606 of the tax law, paragraph 1 as amended by chapter
193 of the laws of 2012 and subparagraph (b) of paragraph 2 as added  by

S. 2744--A                          3

section  2  of  part D of chapter 35 of the laws of 2006, are amended to
read as follows:
  (1)  A  taxpayer  shall be allowed a credit against the tax imposed by
this article. Such credit, to be computed as hereinafter provided, shall
be allowed for [bioheat] BIOHEATING FUEL, used for space heating or  hot
water   production  for  residential  purposes  within  this  state  and
purchased on or after July first,  two  thousand  six  and  before  July
first,  two  thousand  seven and on or after January first, two thousand
eight and before January first,  two  thousand  seventeen.  Such  credit
shall be $0.01 per percent of biodiesel per gallon of [bioheat] BIOHEAT-
ING  FUEL,  not  to  exceed  twenty  cents per gallon, purchased by such
taxpayer, PROVIDED, HOWEVER:
  (A) ON OR AFTER OCTOBER FIRST, TWO THOUSAND SIXTEEN,  BIOHEATING  FUEL
USED  WITHIN  THE COUNTIES OF NASSAU, ROCKLAND, SUFFOLK, WESTCHESTER AND
THE COUNTIES OF THE CITY OF NEW YORK, SHALL BE ELIGIBLE FOR THIS  CREDIT
ONLY  FOR  GALLONS  OF  BIOHEATING  FUEL WHICH CONTAIN A MINIMUM OF FIVE
PERCENT BIODIESEL AND THE AMOUNT  OF  SUCH  CREDIT  SHALL  BE  $.01  PER
PERCENT, IN EXCESS OF TWO PERCENT, OF BIODIESEL PER GALLON OF BIOHEATING
FUEL, NOT TO EXCEED EIGHTEEN CENTS PER GALLON, AND
  (B)  ON  OR  AFTER JULY FIRST, TWO THOUSAND SEVENTEEN, BIOHEATING FUEL
USED WITHIN THE STATE SHALL BE ELIGIBLE FOR THIS CREDIT ONLY FOR GALLONS
OF BIOHEATING FUEL WHICH CONTAIN A MINIMUM OF FIVE PERCENT BIODIESEL AND
THE AMOUNT OF SUCH CREDIT SHALL BE $.01 PER PERCENT, IN  EXCESS  OF  TWO
PERCENT, OF BIODIESEL PER GALLON OF BIOHEATING FUEL, NOT TO EXCEED EIGH-
TEEN CENTS PER GALLON.
  (b) ["Bioheat"] "BIOHEATING FUEL" shall mean a fuel comprised of biod-
iesel  blended with conventional home heating oil, which meets the spec-
ifications of the American Society of Testing and Materials  designation
D 396 or D 975.
  S 4. This act shall take effect immediately.

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Senate Bill S2744A

Sponsored By

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

May 28, 2015 - Environmental Conservation Committee Vote

Environmental Conservation Committee Vote: May 28, 2015

Bill Amendments

2015-S2744 - Details

2015-S2744 - Summary

2015-S2744 - Sponsor Memo

2015-S2744 - Bill Text download pdf

2015-S2744A (ACTIVE) - Details

2015-S2744A (ACTIVE) - Summary

2015-S2744A (ACTIVE) - Sponsor Memo

2015-S2744A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S2744A

Share this bill

Sponsored By

Brad Hoylman-Sigal

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Bill Amendments

2015-S2744 - Details

2015-S2744 - Summary

2015-S2744 - Sponsor Memo

2015-S2744 - Bill Text download pdf

2015-S2744A (ACTIVE) - Details

2015-S2744A (ACTIVE) - Summary

2015-S2744A (ACTIVE) - Sponsor Memo

2015-S2744A (ACTIVE) - Bill Text download pdf

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