Provides that diesel fuel that contains a concentration of sulfur that is less than or equal to 15 parts per million shall not be sold unless it includes biodiesel

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, 2018.

Summary of provisions

Section 1 amends section 19-0107 of the environmental conservation law by adding a new subdivision 25

Section 2 amends subdivision 2 of section 19-0301 of the environmental conservation law by adding a new paragraph f

Section 3 amends subdivision 1 of section 192-c of the agriculture and markets law by adding a new paragraph k,

Section 4 renumbers subdivisions 11, 12, and 13 of section 192-c of the agriculture and markets law as subdivisions 12, 13, and 14 and adds a new subdivision 11 to this section.

Justification

In June 2006, the Federal Environmental Protection Agency began 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.

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 of 25 million gallons of 100% biodiesel in New York State alone.

Legislative history

S.2272a (2013-2014) S.2651a (2011-2012)

Fiscal implications

None

Effective date

This act shall take effect immediately, provided that the commissioner of agriculture and markets shall notify the legislative bill drafting commission upon the occurrence of the certifications set forth in section four of this act in order that the commission may maintain an accurate and timely effective data base of the official text of the laws of the state of New York in furtherance of effective the provisions of section 44 of the legislative law and section 70-b of the public officers law.