S 2411: Relates to bioheating fuel requirements; allows B100 or B99 biofuel and R100 or R99 renewable fuel to be used to blend with or replace fossil heating oil in order to create bioheating fuel.

  
  STATE OF NEW YORK ________________________________________________________________________ 2411 2025-2026 Regular Sessions  IN SENATE January 17, 2025 ___________ Introduced by Sen. PARKER -- read twice and ordered printed, and when printed to be committed 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: 1 Section 1. Section 19-0327 of the environmental conservation law, as 2 amended by chapter 750 of the laws of 2021, paragraph (b) of subdivision 3 1 and subdivision 9 as amended by chapter 5 of the laws of 2022, is 4 amended to read as follows: 5 § 19-0327. Bioheating fuel requirements. 6 (1) Definitions. For the purpose of this section, the following terms 7 shall have the following meanings: 8 (a) ["Biodiesel"] "Biofuel" shall mean a fuel, designated one hundred 9 percent B100 or a blend of ninety-nine percent B99 biodiesel by volume, 10 that meets the requirements of the ASTM international specification 11 D6751 or the requirements of the ASTM international specification D975; 12 provided, however, that biofuel shall include R100 or R99 produced from 13 hydroprocessing renewable biomass feedstocks. 14 (b) "Renewable Hydrocarbon Diesel" shall mean a [North American-pro- 15 duced] fuel derived from vegetable oils, animal fats, and other renewa- 16 ble feedstocks that meet the requirements of ASTM international specifi- 17 cation D975. Renewable hydrocarbon shall not include any fuel from 18 co-processed biomass with a feedstock that is not biomass. 19 (c) "Bioheating fuel" shall mean a fuel, designated B100 or B99, 20 comprised of [biodiesel] biofuel blended with petroleum heating oil that 21 meets the requirements of the ASTM international specification D396, a 22 [fuel comprised of domestically-produced renewable hydrocarbon diesel] 23 biofuel, designated R100 or R99 with petroleum heating oil that meets 24 the specifications of ASTM international specification D975, or other 25 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 
 S. 2411 2 1 (d) "Heating oil" shall mean petroleum oil refined for the purpose of 2 use as fuel for combustion in a space and/or water heating system that 3 meets the requirements of the [ATSM] ASTM international specification 4 D396 or other specifications as determined by the commissioner. 5 (e) "Feedstock" shall mean soybean oil, oil from annual cover crops, 6 algal oil, biogenic waste oils, fats or greases, or non-food grade corn 7 oil, provided that the commissioner may, by rules and regulations, modi- 8 fy the definition of feedstock based on the vegetable oils, animal fats 9 or cellulosic biomass listed in table 1 of 40 C.F.R. § 80.1426. 10 (2) On and after July first, two thousand eighteen, all heating oil 11 sold for use in any building within the counties of Nassau, Suffolk and 12 Westchester shall be bioheating fuel that contains at least five percent 13 [biodiesel] biofuel. 14 (3) On or after July first, two thousand twenty-two, all heating oil 15 sold for use in any building within the state shall be bioheating fuel 16 that contains at least five percent [biodiesel] biofuel. 17 (4) On or after July first, two thousand twenty-five, all heating oil 18 sold for use in any building within the state shall be bioheating fuel 19 that contains at least ten percent [biodiesel] biofuel. 20 (5) On or after July first, two thousand thirty, all heating oil sold 21 for use in any building within the state shall be bioheating fuel that 22 contains at least twenty percent [biodiesel] biofuel. 23 (6) The minimum content requirements of this section shall not apply 24 to kerosene. 25 (7) The governor may, by issuing an executive order, temporarily 26 suspend the applicability of this section at any time based on the 27 governor's determination, after consulting with the New York state ener- 28 gy research and development authority and the department, that meeting 29 the requirement of subdivision two of this section is not feasible due 30 to lack of adequate supply of [biodiesel] biofuel or that meeting the 31 requirement would result in financial hardship to consumers. 32 (8) The requirements of this section shall not: (a) prohibit the sale 33 and use of bioheating fuel with the same or any greater percentage of 34 [biodiesel] biofuel blended with heating oil, or the sale and use of one 35 hundred percent [biodiesel] biofuel, for space and/or water heating 36 purposes in the state; and (b) preempt any laws of the city of New York 37 with respect to mandated percentage levels of [biodiesel] biofuel blends 38 with heating oil provided that such laws require the same or greater 39 percentage of [biodiesel] biofuel blended with heating oil as required 40 by this section. 41 (9) No bioheating fuel shall be sold to a customer that would void the 42 manufacturer's warranty for that burner or boiler type unless the 43 [bioheat] bioheating fuel provider warranties in writing to the customer 44 that the use of such bioheating fuel will be covered to the extent and 45 time limits of the warranty then covering such burner or boiler. 46 § 2. This act shall take effect immediately.