NY State Assembly Bill 2015-A6070B

Archive: Last Bill Status - On Floor Calendar

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 04, 2016	amended on third reading 6070b
Jan 06, 2016	ordered to third reading cal.229 returned to assembly died in senate
Jun 19, 2015	referred to rules delivered to senate passed assembly ordered to third reading rules cal.705 rules report cal.705 reported
Jun 18, 2015	reported referred to rules
Jun 05, 2015	print number 6070a
Jun 05, 2015	amend and recommit to ways and means
Mar 17, 2015	reported referred to ways and means
Mar 11, 2015	referred to environmental conservation

Bill Amendments

Original

B (Active)

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2015-A6070 - Details

Law Section:: Environmental Conservation Law
Laws Affected:: Add §19-0327, En Con L; amd §§210-B & 606, Tax L
Versions Introduced in 2017-2018 Legislative Session:: A6954

2015-A6070 - Summary

Relates to bioheating fuel requirements and bioheating fuel tax credits.

2015-A6070 - Bill Text download pdf

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

                                  6070

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             March 11, 2015
                               ___________

Introduced  by  M.  of  A. ENGLEBRIGHT, COLTON, LIFTON, SCHIMEL, CRESPO,
  GOTTFRIED, GALEF, ROSENTHAL, ARROYO, COOK,  SIMON,  STIRPE  --  Multi-
  Sponsored by -- M. of A.  SOLAGES, THIELE -- read once and referred 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09895-01-5

A. 6070                             2

  (2)  ON AND AFTER OCTOBER FIRST, TWO THOUSAND FIFTEEN, 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 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:

A. 6070                             3

  (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 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 on the twentieth day after it shall
have become a law.

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2015-A6070A - Details

Law Section:: Environmental Conservation Law
Laws Affected:: Add §19-0327, En Con L; amd §§210-B & 606, Tax L
Versions Introduced in 2017-2018 Legislative Session:: A6954

2015-A6070A - Summary

Relates to bioheating fuel requirements and bioheating fuel tax credits.

2015-A6070A - Bill Text download pdf

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

                                 6070--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             March 11, 2015
                               ___________

Introduced  by  M.  of  A. ENGLEBRIGHT, COLTON, LIFTON, SCHIMEL, CRESPO,
  GOTTFRIED, GALEF, ROSENTHAL,  ARROYO,  COOK,  SIMON,  STIRPE,  ABBATE,
  DINOWITZ,  KAMINSKY,  HEVESI, ABINANTI, QUART, FAHY, LENTOL, SEAWRIGHT
  -- Multi-Sponsored by -- M. of A. BLAKE, BRENNAN, BROOK-KRASNY, CLARK,
  DenDEKKER,  JAFFEE,  MARKEY,  MILLER,  MOYA,  PEOPLES-STOKES,  RIVERA,
  ROBINSON,  RODRIGUEZ, SIMOTAS, SOLAGES, THIELE, WALKER, WRIGHT -- read
  once and referred to the Committee on  Environmental  Conservation  --
  reported  and referred to the Committee on Ways and Means -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09895-02-5

A. 6070--A                          2

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 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.
  (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 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.
  (4)  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.
  (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
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.

A. 6070--A                          3

  (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.  The  department  of environmental conservation, in consultation
with the New York state energy research and development authority, shall
examine the supply and cost of  bioheating  fuel,  and  shall  submit  a
report  on  the  findings  of  such  examination to the governor and the
legislature on or before December 1, 2016.
  S 5. This act shall take effect immediately, except that sections one,
two and three of this act shall take effect July 1, 2017.

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multi-Sponsors

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2015-A6070B (ACTIVE) - Details

Law Section:: Environmental Conservation Law
Laws Affected:: Add §19-0327, En Con L; amd §§210-B & 606, Tax L
Versions Introduced in 2017-2018 Legislative Session:: A6954

2015-A6070B (ACTIVE) - Summary

Relates to bioheating fuel requirements and bioheating fuel tax credits.

2015-A6070B (ACTIVE) - Bill Text download pdf

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

                                 6070--B
                                                        Cal. No. 229

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             March 11, 2015
                               ___________

Introduced  by  M.  of  A. ENGLEBRIGHT, COLTON, LIFTON, SCHIMEL, CRESPO,
  GOTTFRIED, GALEF, ROSENTHAL,  ARROYO,  COOK,  SIMON,  STIRPE,  ABBATE,
  DINOWITZ,  KAMINSKY, HEVESI, ABINANTI, QUART, FAHY, LENTOL, SEAWRIGHT,
  RAIA, LINARES, ORTIZ -- Multi-Sponsored by -- M. of A. BLAKE, BRENNAN,
  DenDEKKER, GARBARINO, JAFFEE, MARKEY,  MILLER,  MOYA,  PEOPLES-STOKES,
  RIVERA,  ROBINSON, RODRIGUEZ, SIMOTAS, SOLAGES, STECK, THIELE, WALKER,
  WRIGHT -- read once and referred to  the  Committee  on  Environmental
  Conservation  --  reported  and  referred to the Committee on Ways and
  Means -- committee discharged,  bill  amended,  ordered  reprinted  as
  amended  and recommitted to said committee -- ordered to a third read-
  ing -- amended and ordered reprinted, retaining its place on the order
  of third reading

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

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

                                                           LBD09895-03-6

A. 6070--B                          2

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 JULY FIRST, TWO THOUSAND EIGHTEEN,  ALL  HEATING  OIL
SOLD  FOR USE IN ANY BUILDING IN THE STATE SHALL BE BIOHEATING FUEL THAT
CONTAINS AT LEAST TWO PERCENT BIODIESEL.
  (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 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.
  (4)  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, paragraph  (a)  as  amended  by
section  1  of part N of chapter 60 of the laws of 2016 and subparagraph
(ii) of paragraph (b) 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 twenty.  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, that on or after January first, two  thou-
sand seventeen, this credit shall not apply to [bioheat] BIOHEATING FUEL
that is less than six percent biodiesel per gallon of [bioheat] BIOHEAT-
ING FUEL.
  (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 section 2
of part N of chapter 60 of the laws of  2016  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
water   production  for  residential  purposes  within  this  state  and
purchased on or after July first,  two  thousand  six  and  before  July

A. 6070--B                          3

first,  two  thousand  seven and on or after January first, two thousand
eight and before January first, two thousand twenty. Such  credit  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,  that on or after January first, two thousand seven-
teen, this credit shall not apply to [bioheat] BIOHEATING FUEL  that  is
less than six percent biodiesel per gallon of [bioheat] BIOHEATING FUEL.
  (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.  The  department  of environmental conservation, in consultation
with the New York state energy research and development authority, shall
examine the supply and cost of  bioheating  fuel,  and  shall  submit  a
report  on  the  findings  of  such  examination to the governor and the
legislature on or before December 1, 2017.
  S 5. This act shall take effect immediately.

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Assembly Bill A6070B

Sponsored By

Archive: Last Bill Status - On Floor Calendar

Bill Amendments

co-Sponsors

multi-Sponsors

2015-A6070 - Details

2015-A6070 - Summary

2015-A6070 - Bill Text download pdf

co-Sponsors

multi-Sponsors

2015-A6070A - Details

2015-A6070A - Summary

2015-A6070A - Bill Text download pdf

co-Sponsors

multi-Sponsors

2015-A6070B (ACTIVE) - Details

2015-A6070B (ACTIVE) - Summary

2015-A6070B (ACTIVE) - Bill Text download pdf

Comments

Assembly Bill A6070B

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Sponsored By

ENGLEBRIGHT

Archive: Last Bill Status - On Floor Calendar

Bill Amendments

co-Sponsors

William Colton

Barbara Lifton

Michelle Schimel

Marcos Crespo

multi-Sponsors

Michael Blake

James F. Brennan

Alec Brook-Krasny

Barbara Clark

2015-A6070 - Details

2015-A6070 - Summary

2015-A6070 - Bill Text download pdf

co-Sponsors

William Colton

Barbara Lifton

Michelle Schimel

Marcos Crespo

multi-Sponsors

Michael Blake

James F. Brennan

Michael DenDekker

Andrew R. Garbarino

2015-A6070A - Details

2015-A6070A - Summary

2015-A6070A - Bill Text download pdf

co-Sponsors

William Colton

Barbara Lifton

Michelle Schimel

Marcos Crespo

multi-Sponsors

Rodneyse Bichotte Hermelyn

Michael Blake

James F. Brennan

Michael DenDekker

2015-A6070B (ACTIVE) - Details

2015-A6070B (ACTIVE) - Summary

2015-A6070B (ACTIVE) - Bill Text download pdf

Comments