S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1856
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2017
                                ___________
 
 Introduced by M. of A. HEVESI -- read once and referred to the Committee
   on Environmental Conservation
 
 AN  ACT  to amend the environmental conservation law and the agriculture
   and markets law, in relation to the sale of diesel fuel
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  19-0107 of the environmental conservation law is
 amended by adding a new subdivision 25 to read as follows:
   25. "BIODIESEL FUEL" MEANS  A  RENEWABLE,  BIODEGRADABLE,  MONO  ALKYL
 ESTER  COMBUSTIBLE  LIQUID  FUEL DERIVED FROM AGRICULTURAL PLANT OILS OR
 ANIMAL FATS AND THAT MEETS AMERICAN SOCIETY FOR  TESTING  AND  MATERIALS
 SPECIFICATION D6751 FOR BIODIESEL FUEL (B100) BLEND STOCK FOR DISTILLATE
 FUELS AS UPDATED.
   §  2.  Subdivision 2 of section 19-0301 of the environmental conserva-
 tion law is amended by adding a new paragraph f to read as follows:
   F. COOPERATE WITH THE DEPARTMENT OF AGRICULTURE AND MARKETS TO  ENSURE
 AN  EFFICIENT TRANSITION TO THE USE OF BIODIESEL FUEL AS THE LUBRICATION
 ADDITIVE FOR LOW-SULFUR DIESEL FUEL.
   § 3. Subdivision 1 of section 192-c of the agriculture and markets law
 is amended by adding a new paragraph k to read as follows:
   K. "BIODIESEL FUEL" MEANS A RENEWABLE, BIODEGRADABLE, MONO ALKYL ESTER
 COMBUSTIBLE LIQUID FUEL DERIVED FROM AGRICULTURAL PLANT OILS  OR  ANIMAL
 FATS  AND THAT MEETS AMERICAN SOCIETY FOR TESTING AND MATERIALS SPECIFI-
 CATION D6751 FOR BIODIESEL FUEL (B100) BLEND STOCK FOR DISTILLATE  FUELS
 AS UPDATED.
   §  4.  Subdivisions  11, 12 and 13 of section 192-c of the agriculture
 and markets law are renumbered subdivisions 12, 13  and  14  and  a  new
 subdivision 11 is added to read as follows:
   11.  A. UPON THE SATISFACTION OF THE CONDITIONS SET FORTH IN PARAGRAPH
 B OF THIS SUBDIVISION AND UPON PUBLICATION IN THE STATE REGISTER OF  THE
 CERTIFICATION  SET  FORTH  IN  SUBPARAGRAPH  (I)  OF PARAGRAPH B OF THIS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02477-01-7

 A. 1856                             2
 
 SUBDIVISION AND, IF OCCURRING BEFORE JUNE THIRTIETH, TWO THOUSAND TWENTY
 THE CERTIFICATION SET FORTH IN CLAUSE (A) OF SUBPARAGRAPH (II) OF  PARA-
 GRAPH  B  OF THIS SUBDIVISION, A PERSON SHALL NOT SELL OR OFFER FOR SALE
 DIESEL FUEL THAT CONTAINS A CONCENTRATION OF SULFUR THAT IS LESS THAN OR
 EQUAL  TO  FIFTEEN  PARTS  PER  MILLION UNLESS SUCH DIESEL FUEL INCLUDES
 BIODIESEL FUEL AS ITS LUBRICATION ADDITIVE.
   B. NO PERSON SHALL BE SUBJECT TO THE PROVISIONS OF PARAGRAPH A OF THIS
 SUBDIVISION UNTIL THE CONDITIONS SET FORTH IN SUBPARAGRAPHS (I) AND (II)
 OF THIS PARAGRAPH HAVE BEEN SATISFIED:
   (I) THIRTY DAYS AFTER THE COMMISSIONER HAS CERTIFIED THAT  THE  ANNUAL
 CAPACITY  FOR  THE  PRODUCTION  OF  BIODIESEL FUEL IN THIS STATE EXCEEDS
 TWELVE MILLION GALLONS; AND
   (II) THE EARLIER OF:
   (A) EIGHTEEN MONTHS AFTER THE COMMISSIONER CERTIFIES  THAT  A  FEDERAL
 ACTION  ON  TAXES IMPOSED, TAX CREDITS ALLOWED OR OTHER ACTION CREATES A
 TWO CENT OR GREATER REDUCTION IN THE PRICE ON TAXABLE DIESEL  FUEL  THAT
 CONTAINS AT LEAST TWO PERCENT BIODIESEL FUEL THAT IS SOLD IN THIS STATE;
 OR
   (B) JUNE THIRTIETH, TWO THOUSAND TWENTY.
   § 5. This act shall take effect immediately, provided that the commis-
 sioner  of  agriculture  and  markets  shall notify the legislative bill
 drafting commission upon the occurrence of the certifications set  forth
 in section four of this act in order that the commission may maintain an
 accurate and timely effective data base of the official text of the laws
 of  the  state of New York in furtherance of effecting the provisions of
 section 44 of the legislative law and section 70-b of the  public  offi-
 cers law.