NY State Senate Bill 2015-S7553

Archive: Last Bill Status - In Senate Committee Rules 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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 17, 2016	recommitted to rules ordered to third reading cal.2003 committee discharged and committed to rules
Jun 03, 2016	print number 7553a
Jun 03, 2016	amend and recommit to finance
Jun 01, 2016	reported and committed to finance
May 09, 2016	referred to environmental conservation

Votes

- Jun 17, 2016 - Rules Committee Vote
  S7553
  
  19
  
  Aye
  
  2
  
  Nay
  
  2
  
  Aye with Reservations
  
  1
  
  Absent
  
  0
  
  Excused
  
  1
  
  Abstained
  - - Rules Committee Vote: Jun 17, 2016
      
      aye (19)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Gianaris
      
      Hannon
      
      LaValle
      
      Lanza
      
      Marcellino
      
      Montgomery
      
      Nozzolio
      
      Perkins
      
      Robach
      
      Stewart-Cousins
      
      Valesky
      
      nay (2)
      
      Little
      
      Seward
      
      aye wr (2)
      
      Krueger
      
      Parker
      
      absent (1)
      
      Larkin
      
      abstained (1)
      
      Hassell-Thompson
  Jun 1, 2016 - Environmental Conservation Committee Vote
  S7553
  
  7
  
  Aye
  
  2
  
  Nay
  
  4
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Environmental Conservation Committee Vote: Jun 1, 2016
      
      aye (7)
      
      Addabbo Jr.
      
      Avella
      
      Espaillat
      
      Hoylman-Sigal
      
      LaValle
      
      Latimer
      
      Marcellino
      
      nay (2)
      
      Little
      
      Ortt
      
      aye wr (4)
      
      Funke
      
      Kaminsky
      
      O'Mara
      
      Young

Bill Amendments

Original

A (Active)

2015-S7553 - Details

Current Committee:: Senate Rules
Law Section:: Environmental Conservation Law
Laws Affected:: Add §19-0327, En Con L

2015-S7553 - Summary

Relates to bio heating fuel requirements.

2015-S7553 - Sponsor Memo

                                 BILL NUMBER:  S7553

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

 PURPOSE :

This bill requires a certain percentage of bio-diesel in home heating
fuels when market production reaches certain levels.

 SUMMARY OF PROVISIONS :

Section 1 - The bill amends the environmental conservation law to
create section 19-0327 "Bio heating fuel requirements". Under this
section all heating oil sold in New York State must contain 2%
biodiesel once production of biodiesel in the state reaches twelve
million gallons on an annualized basis for three months.
Additionally, a requirement for heating oil to contain 5% biodiesel
will be instituted once production of biodiesel in the state reaches
thirty million gallons on an annualized basis for three months. The
governor may suspend this requirement if there is an inadequate supply
of biodiesel or if meeting such requirement would result in hardship
for consumers.

Section 2 - Effective Date - Immediately

 JUSTIFICATION :

Bio-heating standards have a positive effect on the environment, for
farmers, and consumers. By instituting such standards, New York will
help to reduce air pollution because bio-fuels will result in less air
pollutants including carbon dioxide, nitrogen oxide, sulfur dioxide,
and carbon monoxide . Biodiesel is a renewable fuel made by "refining"
fats and oils such as vegetable oil, waste grease, soybean and used
cooking oils. The increased demand for feedstock will provide New York
farmers with opportunities to produce feedstock locally and supply the
bio-fuel industry creating jobs and opportunities for growth.
Additionally, construction jobs and jobs in the industry will be
created as new bio-fuels facilities and infrastructure is constructed.
Consumers will also benefit because bio-fuels burn efficiently.

 LEGISLATIVE HISTORY :

New Bill

 FISCAL IMPLICATIONS :

None to the State

 EFFECTIVE DATE :
Immediately

2015-S7553 - Bill Text download pdf

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

                                  7553

                            I N  S E N A T E

                               May 9, 2016
                               ___________

Introduced  by  Sen. VALESKY -- 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  bio
  heating 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. BIO HEATING FUEL REQUIREMENTS.
  (1) DEFINITIONS. FOR THE PURPOSES 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) "BIO HEATING FUEL" SHALL MEAN A FUEL COMPRISED OF BIODIESEL BLEND-
ED WITH PETROLEUM HEATING OIL THAT MEETS THE SPECIFICATIONS OF THE AMER-
ICAN SOCIETY FOR TESTING AND MATERIALS DESIGNATION D396 OR  OTHER  SPEC-
IFICATIONS 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) ALL HEATING OIL SOLD FOR USE IN ANY BUILDING IN THE STATE SHALL BE
BIO  HEATING  FUEL  THAT  CONTAINS  AT LEAST TWO PERCENT BIODIESEL, ONCE
BIODIESEL PRODUCTION OF ASTM 6751 IN THIS STATE REACHES  TWELVE  MILLION
GALLONS  ON  AN  ANNUALIZED BASIS FOR THREE MONTHS. ALL HEATING OIL SOLD
FOR USE IN ANY BUILDING IN THE STATE SHALL  BE  BIO  HEATING  FUEL  THAT

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

                                                           LBD15245-01-6

S. 7553                             2

CONTAINS  AT  LEAST FIVE PERCENT BIODIESEL, ONCE BIODIESEL PRODUCTION OF
ASTM 6751 IN THIS STATE REACHES THIRTY MILLION GALLONS ON AN  ANNUALIZED
BASIS FOR THREE MONTHS. SUCH PRODUCTION GALLON LEVELS SHALL BE MONITORED
AND  CERTIFIED BY THE NEW YORK ENERGY RESEARCH AND DEVELOPMENT AUTHORITY
BASED ON THE U.S. ENERGY INFORMATION ADMINISTRATION'S ADJUSTED SALES  OF
DISTILLATE  FUEL  OIL  BY  END USER TOTAL FOR RESIDENTIAL AND COMMERCIAL
GALLONS. SUCH BLENDING REQUIREMENTS SHALL TAKE EFFECT ONE HUNDRED EIGHTY
DAYS AFTER THE CERTIFICATION BY THE NEW YORK ENERGY RESEARCH AND  DEVEL-
OPMENT AUTHORITY.
  (3)  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 ENERGY
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.
  (4)  THE REQUIREMENTS OF THIS SECTION SHALL NOT: (A) PROHIBIT THE SALE
AND USE OF BIO HEATING 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.

2015-S7553A (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Environmental Conservation Law
Laws Affected:: Add §19-0327, En Con L

2015-S7553A (ACTIVE) - Summary

Relates to bio heating fuel requirements.

2015-S7553A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7553A

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

 PURPOSE :

This bill requires a certain percentage of bio-diesel in home heating
fuels when market production reaches certain levels.

 SUMMARY OF PROVISIONS :

Section 1 - The bill amends the environmental conservation law to
create section 19-0327 "Bio heating fuel requirements". Under this
section all heating oil sold in New York State must contain 2%
biodiesel once production of biodiesel in the state reaches twelve
million gallons on an annualized basis for three months.
Additionally, a requirement for heating oil to contain 5% biodiesel
will be instituted once production of biodiesel in the state reaches
thirty million gallons on an annualized basis for three months. The
governor may suspend this requirement if there is an inadequate supply
of biodiesel or if meeting such requirement would result in hardship
for consumers.

Section 2 - Effective Date - Immediately

 JUSTIFICATION :

Bio-heating standards have a positive effect on the environment, for
farmers, and consumers. By instituting such standards, New York will
help to reduce air pollution because bio-fuels will result in less air
pollutants including carbon dioxide, nitrogen oxide, sulfur dioxide,
and carbon monoxide . Biodiesel is a renewable fuel made by "refining"
fats and oils such as vegetable oil, waste grease, soybean and used
cooking oils. The increased demand for feedstock will provide New York
farmers with opportunities to produce feedstock locally and supply the
bio-fuel industry creating jobs and opportunities for growth.
Additionally, construction jobs and jobs in the industry will be
created as new biofuels facilities and infrastructure is constructed.
Consumers will also benefit because bio-fuels burn efficiently.

 LEGISLATIVE HISTORY :

New Bill

 FISCAL IMPLICATIONS :

None to the State

 EFFECTIVE DATE :
Immediately

2015-S7553A (ACTIVE) - Bill Text download pdf

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

                                 7553--A

                            I N  S E N A T E

                               May 9, 2016
                               ___________

Introduced  by  Sen. VALESKY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation
  -- reported favorably from said committee and committed to the Commit-
  tee  on  Finance  --  committee  discharged,  bill  amended,   ordered
  reprinted as amended and recommitted to said committee

AN  ACT  to amend the environmental conservation law, in relation to bio
  heating 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. BIO HEATING FUEL REQUIREMENTS.
  (1) DEFINITIONS. FOR THE PURPOSES 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) "BIO HEATING FUEL" SHALL MEAN A FUEL COMPRISED OF BIODIESEL BLEND-
ED WITH PETROLEUM HEATING OIL THAT MEETS THE SPECIFICATIONS OF THE AMER-
ICAN  SOCIETY  FOR TESTING AND MATERIALS DESIGNATION D396 OR OTHER SPEC-
IFICATIONS 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, PROVIDED
THAT ANY FEEDSTOCK HAS A CLOUD POINT MEASUREMENT OF LESS  THAN  EIGHTEEN
DEGREES CELSIUS.

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

                                                           LBD15245-03-6

S. 7553--A                          2

  (2) ALL HEATING OIL SOLD FOR USE IN ANY BUILDING IN THE STATE SHALL BE
BIO  HEATING  FUEL  THAT  CONTAINS  AT LEAST TWO PERCENT BIODIESEL, ONCE
BIODIESEL PRODUCTION OF ASTM 6751 IN THIS STATE REACHES  TWELVE  MILLION
GALLONS  ON  AN  ANNUALIZED BASIS FOR THREE MONTHS. ALL HEATING OIL SOLD
FOR  USE  IN  ANY  BUILDING  IN THE STATE SHALL BE BIO HEATING FUEL THAT
CONTAINS AT LEAST FIVE PERCENT BIODIESEL, ONCE BIODIESEL  PRODUCTION  OF
ASTM  6751 IN THIS STATE REACHES THIRTY MILLION GALLONS ON AN ANNUALIZED
BASIS FOR THREE MONTHS. SUCH PRODUCTION GALLON LEVELS SHALL BE MONITORED
AND CERTIFIED BY THE NEW YORK ENERGY RESEARCH AND DEVELOPMENT  AUTHORITY
BASED  ON THE U.S. ENERGY INFORMATION ADMINISTRATION'S ADJUSTED SALES OF
DISTILLATE FUEL OIL BY END USER TOTAL  FOR  RESIDENTIAL  AND  COMMERCIAL
GALLONS. SUCH BLENDING REQUIREMENTS SHALL TAKE EFFECT ONE HUNDRED EIGHTY
DAYS  AFTER THE CERTIFICATION BY THE NEW YORK ENERGY RESEARCH AND DEVEL-
OPMENT AUTHORITY.
  (3) 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  ENERGY
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.
  (4) THE REQUIREMENTS OF THIS SECTION SHALL NOT: (A) PROHIBIT THE  SALE
AND  USE  OF BIO HEATING 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.

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Senate Bill S7553

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Jun 17, 2016 - Rules Committee Vote

Rules Committee Vote: Jun 17, 2016

Jun 1, 2016 - Environmental Conservation Committee Vote

Environmental Conservation Committee Vote: Jun 1, 2016

Bill Amendments

2015-S7553 - Details

2015-S7553 - Summary

2015-S7553 - Sponsor Memo

2015-S7553 - Bill Text download pdf

2015-S7553A (ACTIVE) - Details

2015-S7553A (ACTIVE) - Summary

2015-S7553A (ACTIVE) - Sponsor Memo

2015-S7553A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7553

Share this bill

Sponsored By

David J. Valesky

Archive: Last Bill Status - In Senate Committee Rules Committee

Bill Amendments

2015-S7553 - Details

2015-S7553 - Summary

2015-S7553 - Sponsor Memo

2015-S7553 - Bill Text download pdf

2015-S7553A (ACTIVE) - Details

2015-S7553A (ACTIVE) - Summary

2015-S7553A (ACTIVE) - Sponsor Memo

2015-S7553A (ACTIVE) - Bill Text download pdf

Comments