§ 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
requirements of the ASTM international specification D6751.

(b) "Renewable Hydrocarbon Diesel" shall mean a North
American-produced fuel derived from vegetable oils, animal fats, and
other renewable feedstocks that meet the 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 requirements of the ASTM
international specification D396, a fuel comprised of
domestically-produced 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 requirements of the 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,
modify 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.

(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
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 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 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.

(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.