What's happening
This bill requires heating oil sold in Nassau, Suffolk, and Westchester counties to contain at least 5% biodiesel and updates tax credits for bioheating fuel.
Why it matters
Mandates a minimum 5% biodiesel blend in heating oil. This will directly impact fuel distributors and building owners in Nassau, Suffolk, and Westchester counties, encouraging a shift away from traditional petroleum heating oil and fostering a local market for biofuels.
Expands and clarifies definitions of eligible biofuels. By explicitly including both biodiesel and renewable hydrocarbon diesel derived from specified feedstocks, the bill broadens the range of renewable fuels that can qualify, potentially spurring innovation and investment in biofuel production.
Updates and tightens bioheating fuel tax credits. The tax credit is only available for fuels containing at least 6% biodiesel, incentivizing higher blends. This could make cleaner fuels more affordable for consumers and drive demand for bioheating fuels, but may limit credits for lower-blend products.
Allows for temporary suspension of requirements in emergencies. The governor has authority to pause the biodiesel mandate if supply issues or significant cost impacts arise, balancing environmental goals with consumer protections and market realities.
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Who cares
Headline styles
Require Biofuel in Heating Oil
Plain English, a few words. Used as the page title.
Sponsors
16 Co-sponsors
2 Multi-sponsors
History
- Substituted by S5422A
- Amended on third reading 6954a
- Ordered to third reading rules cal.678
- Rules report cal.678
- Reported
- Reported referred to rules
- Reported referred to ways and means
- Referred to environmental conservation
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Require Biofuel in Heating Oil
Signed by Governor · Sponsor Phil Boyle
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6954--A R. R. 678
2017-2018 Regular Sessions
IN ASSEMBLY
March 27, 2017
Introduced by M. of A. ENGLEBRIGHT, GALEF, RAMOS, LAVINE, ABINANTI, D'URSO, HARRIS, COLTON, RAIA, JEAN-PIERRE, SEPULVEDA, QUART, CARROLL, KAVANAGH -- Multi-Sponsored by -- M. of A. HOOPER, THIELE -- read once and referred to the Committee on Environmental Conservation -reported and referred to the Committee on Ways and Means -- reported and referred to the Committee on Rules -- amended on the special order of third reading, ordered reprinted as amended, retaining its place on the special order of third reading
AN ACT to amend the environmental conservation law and the tax law, in relation to bioheating fuel
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The environmental conservation law is amended by adding a new section 19-0327 to read as follows: § 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 specifications of the American Society for Testing and Materials designation D6751 composed exclusively of mono-alkyl esters of long chain fatty acids derived from feedstock.
(b) "Renewable Hydrocarbon Diesel" shall mean a domestically-produced fuel derived from vegetable oils, animal fats, and other renewable feedstocks that meet the most recent specifications of ASTM 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 specifications of the American Society for Testing and Materials designation D396, a fuel comprised of domestically-produced renewable hydrocarbon diesel with petroleum heat-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10699-07-7
A. 6954--A 2
ing oil that meets the specifications of ASTM 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 specifications of the American Society for Testing and Materials designation 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) 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 undue financial hardship to consumers.
(4) 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.
§ 2. Paragraph (a) and subparagraph (ii) of paragraph (b) of subdivision 25 of section 210-B of the tax law, paragraph (a) as amended by section 1 of part N of chapter 60 of the laws of 2016 and subparagraph (ii) of paragraph (b) as added by section 17 of part A of chapter 59 of the laws of 2014, are amended to read as follows:
(a) General. A taxpayer shall be allowed a credit against the tax imposed by this article. Such credit, to be computed as hereinafter provided, shall be allowed for [bioheat] bioheating fuel, used for space heating or hot water production for residential purposes within this state purchased before January first, two thousand twenty. Such credit shall be $0.01 per percent of biodiesel per gallon of [bioheat] bioheating fuel, not to exceed twenty cents per gallon, purchased by such taxpayer. Provided, however, that on or after January first, two thousand seventeen, this credit shall not apply to [bioheat] bioheating fuel that is less than six percent biodiesel per gallon of [bioheat] bioheating fuel.
(ii) ["Bioheat"] "Bioheating fuel" shall mean a fuel comprised of biodiesel or renewable hydrocarbon diesel blended with conventional home heating oil, which meets the specifications of the American Society of Testing and Materials designation D 396 or D 975.
§ 3. Paragraph 1 and subparagraph (b) of paragraph 2 of subsection (mm) of section 606 of the tax law, paragraph 1 as amended by section 2 of part N of chapter 60 of the laws of 2016 and subparagraph (b) of paragraph 2 as added by section 2 of part D of chapter 35 of the laws of 2006, are amended to read as follows:
A. 6954--A 3
(1) A taxpayer shall be allowed a credit against the tax imposed by this article. Such credit, to be computed as hereinafter provided, shall be allowed for [bioheat] bioheating fuel, used for space heating or hot water production for residential purposes within this state and purchased on or after July first, two thousand six and before July first, two thousand seven and on or after January first, two thousand eight and before January first, two thousand twenty. Such credit shall be $0.01 per percent of biodiesel per gallon of [bioheat] bioheating fuel, not to exceed twenty cents per gallon, purchased by such taxpayer. Provided, however, that on or after January first, two thousand seventeen, this credit shall not apply to [bioheat] bioheating fuel that is less than six percent biodiesel per gallon of [bioheat] bioheating fuel.
(b) ["Bioheat"] "Bioheating fuel" shall mean a fuel comprised of biodiesel or renewable hydrocarbon diesel blended with conventional home heating oil, which meets the specifications of the American Society of Testing and Materials designation D 396 or D 975.
§ 4. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.