S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3784
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 30, 2025
                                ___________
 
 Introduced  by M. of A. JONES -- read once and referred to the Committee
   on Environmental Conservation
 
 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
 amended by chapter 750 of the laws of 2021, paragraph (b) of subdivision
 1  and  subdivision  9  as  amended by chapter 5 of the laws of 2022, 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"] "BIOFUEL" shall mean a fuel, designated ONE HUNDRED
 PERCENT B100 OR A BLEND OF NINETY-NINE PERCENT B99 BIODIESEL BY  VOLUME,
 that  meets  the  requirements  of  the ASTM international specification
 D6751 OR THE REQUIREMENTS OF THE ASTM INTERNATIONAL SPECIFICATION  D975;
 PROVIDED,  HOWEVER, THAT BIOFUEL SHALL INCLUDE R100 OR R99 PRODUCED FROM
 HYDROPROCESSING RENEWABLE BIOMASS FEEDSTOCKS.
   (b) "Renewable Hydrocarbon Diesel" shall mean a  [North  American-pro-
 duced]  fuel derived from vegetable oils, animal fats, and other renewa-
 ble feedstocks that meet the requirements of ASTM international specifi-
 cation 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, DESIGNATED B100 OR B99,
 comprised of [biodiesel] BIOFUEL blended with petroleum heating oil that
 meets the requirements of the ASTM international specification  D396,  a
 [fuel  comprised  of domestically-produced renewable hydrocarbon diesel]
 BIOFUEL, DESIGNATED R100 OR R99 with petroleum heating  oil  that  meets
 the  specifications  of  ASTM international specification D975, or other
 specifications as determined by the commissioner.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06490-01-5
              

 A. 3784                             2
 
   (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 requirements of the [ATSM]  ASTM  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] BIOFUEL.
   (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] BIOFUEL.
   (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] BIOFUEL.
   (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] BIOFUEL.
   (6) The minimum content requirements of this section shall  not  apply
 to kerosene.
   (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] BIOFUEL or that meeting the
 requirement would result in financial hardship to consumers.
   (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] BIOFUEL blended with heating oil, or the sale and use of one
 hundred percent [biodiesel] BIOFUEL,  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] BIOFUEL blends
 with heating oil provided that such laws require  the  same  or  greater
 percentage  of  [biodiesel] BIOFUEL 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] BIOHEATING FUEL 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.
   § 2. This act shall take effect immediately.