N.Y. Environmental Conservation Law § 19-0327: Bioheating fuel requirements

§ 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.