S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3321--A
     Cal. No. 338
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 28, 2021
                                ___________
 
 Introduced  by Sens. KAMINSKY, ADDABBO, AKSHAR, GAUGHRAN, HINCHEY, JACK-
   SON, PARKER -- read twice and ordered printed, and when printed to  be
   committed  to  the Committee on Environmental Conservation -- reported
   favorably from said committee, ordered to  first  and  second  report,
   ordered  to  a  third  reading,  passed by Senate and delivered to the
   Assembly, recalled, vote  reconsidered,  restored  to  third  reading,
   amended  and  ordered  reprinted,  retaining its place in the order of
   third reading
 
 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. Section 19-0327 of the environmental conservation  law,  as
 added by chapter 315 of the laws of 2017, is amended to read as follows:
 § 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]  REQUIREMENTS  of the [American Society for Testing and
 Materials designation] ASTM INTERNATIONAL SPECIFICATION D6751  [composed
 exclusively  of mono-alkyl esters of long chain fatty acids derived from
 feedstock].
   (b) "Renewable Hydrocarbon Diesel" shall mean a  domestically-produced
 fuel  derived  from  vegetable  oils,  animal  fats, and other renewable
 feedstocks that meet the [most recent  specifications]  REQUIREMENTS  of
 ASTM  INTERNATIONAL SPECIFICATION D975.  Renewable hydrocarbon shall not
 include any fuel from co-processed biomass with a feedstock that is  not
 biomass.
   (c) "Bioheating fuel" shall mean a fuel comprised of biodiesel blended
 with  petroleum heating oil that meets the [specifications] REQUIREMENTS
 of the [American Society for Testing  and  Materials  designation]  ASTM
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD01146-04-1

 S. 3321--A                          2
 
 INTERNATIONAL  SPECIFICATION D396, a fuel comprised of domestically-pro-
 duced renewable hydrocarbon diesel with petroleum heating oil that meets
 the specifications of ASTM INTERNATIONAL SPECIFICATION  D975,  or  other
 specifications as determined by the commissioner.
   (d)  "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]  REQUIREMENTS  of the [American Society for
 Testing and Materials designation] ATSM INTERNATIONAL SPECIFICATION D396
 or other specifications as determined by the commissioner.
   (e) "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. § 80.1426.
   (2)  On  and  after July first, two thousand eighteen, all heating oil
 sold for use in any building within the counties of Nassau, Suffolk  and
 Westchester shall be bioheating fuel that contains at least five percent
 biodiesel.
   (3)  ON  OR AFTER JULY FIRST, TWO THOUSAND TWENTY-TWO, ALL HEATING OIL
 SOLD FOR USE IN ANY BUILDING WITHIN THE STATE SHALL BE  BIOHEATING  FUEL
 THAT CONTAINS AT LEAST FIVE PERCENT BIODIESEL.
   (4)  ON OR AFTER JULY FIRST, TWO THOUSAND TWENTY-FIVE, ALL HEATING OIL
 SOLD FOR USE IN ANY BUILDING WITHIN THE STATE SHALL BE  BIOHEATING  FUEL
 THAT CONTAINS AT LEAST TEN PERCENT BIODIESEL.
   (5)  ON OR AFTER JULY FIRST, TWO THOUSAND THIRTY, ALL HEATING OIL SOLD
 FOR USE IN ANY BUILDING WITHIN THE STATE SHALL BE BIOHEATING  FUEL  THAT
 CONTAINS AT LEAST TWENTY PERCENT BIODIESEL.
   (6)  THE  MINIMUM CONTENT REQUIREMENTS OF THIS SECTION SHALL NOT APPLY
 TO KEROSENE.
   [(3)] (7) 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)] (8) 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  biod-
 iesel blended with heating oil as required by this section.
   (9) NO BIOHEATING FUEL SHALL BE SOLD TO A CUSTOMER THAT WOULD VOID THE
 MANUFACTURER'S  WARRANTY  FOR  THAT  BURNER  OR  BOILER  TYPE UNLESS THE
 BIOHEAT PROVIDER WARRANTIES IN WRITING TO THE CUSTOMER THAT THE  USE  OF
 SUCH  BIOHEATING  FUEL  WILL BE COVERED TO THE EXTENT AND TIME LIMITS OF
 THE WARRANTY THEN COVERING SUCH BURNER OR BOILER. THE  COMMISSIONER,  IN
 CONSULTATION  WITH  THE  DEPARTMENT  OF  FINANCIAL SERVICES, SHALL ISSUE
 REGULATIONS THAT STRICTLY ENFORCE SUCH PROVISIONS.
   § 2. This act shall take effect immediately.