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History
- Referred to environmental conservation
- Referred to environmental conservation
Full text
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Title of bill
An act to amend the environmental conservation law and the agriculture and markets law, in relation to the sale of diesel fuel
Purpose
This bill amends the agriculture and markets law to encourage the growth of the biodiesel industry in New York State by requiring the use of biodiesel in low sulfur diesel fuel. The provisions of the bill do not take effect until New York State has annual production capacity of 12 million gallons of biodiesel and either the Federal government has reduced the tax on biodiesel fuel, or it is after June 30, 2011.
Summary of provisions
Section 1 adds the definition of biodiesel to the Environmental Conservation Law.
Section 2 requires the Commissioner of Environmental Conservation to cooperate with the Department of Agriculture and Markets on the efficient transition to the use of biodiesel in the State.
Section 3 adds the definition of biodieselto the Agriculture and Markets law.
Section 4 requires the use of biodiesel as a lubrication additive in diesel fuel with a sulfur content lower than 15 parts per million; only if the Commissioner of Agriculture and Markets has certified that the annual production capacity of biodiesel in the State exceeds 12 million gallons, and either the Federal government reduces the tax on diesel fuel containing biodiesel or the date of June 30, 2011 has passed.
Existing law
Currently, the Agriculture and Markets law regulates the content of diesel fuel.
Justification
In June 2006, the Federal Environmental Protection Agency will begin phasing in for the transportation sector the use of Ultra Low Sulfur Diesel Fuel (ULSD), fuel containing not more than 15 parts per million of sulfur. The ULSD must replace sulfur with an additive to help lubricate the diesel engines or the engines will be damaged, substantially reducing their useful life.
Current technology provides two equally good additives for lubrication. One is a synthetic made from a petroleum based product. The other is 100% biodiesel made from agricultural products or waste food greases. Both additives can be produced for approximately the same price.
This legislation will provide the incentive for the construction of biodiesel refineries in New York State to meet the demand for lubrication additives. Investors are prepared to build such plants as long as there are assurances in the demand of biodiesel. Passage of this legislation will create a demand in excess of25 million gallons of 100% biodiesel in New York State alone. There is enough lead time to allow for the construction of the plants in order to meet the 2006 demand.
The use of biodiesel as an additive will make ULSD an even more environmentally friendly product and will ensure that Federally designated non-attainment areas, such as metropolitan New York City, have the cleanest possible fuel for vehicles. LEGISLATIVE HISTORY : S.3838 of 2007-08 S.4470 of 2006 S.7528 of 2004
Fiscal implications
None.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.