What's happening
This bill requires heating oil sold in Nassau, Suffolk, and Westchester counties to contain at least 5% biodiesel and updates related tax credits.
Why it matters
Promotes cleaner air and reduced emissions. By requiring heating oil to contain at least 5% biodiesel, the bill aims to cut greenhouse gas emissions and other pollutants associated with traditional petroleum heating oils, improving local air quality and contributing to climate goals in Nassau, Suffolk, and Westchester counties.
Stimulates local and renewable fuel industries. The new standards could boost demand for biodiesel and renewable hydrocarbon diesel, supporting regional producers of these fuels, encouraging agricultural and waste oil recycling sectors, and potentially creating green jobs.
Provides consumer and market flexibility with safeguards. The bill allows the governor to suspend the biodiesel requirement if there’s a supply shortage or if costs would create undue financial hardship for consumers, protecting households from potential price spikes or fuel unavailability.
Clarifies and updates tax credits. By revising definitions and eligibility for bioheating fuel tax credits, the legislation ensures that consumers and businesses using qualifying renewable blends can receive state financial incentives, encouraging faster adoption of cleaner heating options.
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Who cares
Headline styles
Require Biofuel in Heating Oil
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 4
History
- Signed chap.315
- Delivered to governor
- Returned to senate
- Passed assembly
- Ordered to third reading rules cal.678
- Substituted for A6954A
- Referred to environmental conservation
- Delivered to assembly
- Passed senateVote 43–19
- Ordered to third reading cal.2165
- Committee discharged and committed to rules
- Print number 5422a
Show 3 earlier actions
- Amend and recommit to finance
- Reported and committed to finance
- 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
Assembly Floor Calendar · Sponsor Steven Englebright
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5422--A
2017-2018 Regular Sessions
IN SENATE
March 27, 2017
Introduced by Sens. BOYLE, AVELLA, CROCI, HANNON, LATIMER, PHILLIPS, SANDERS, SAVINO -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation -reported favorably from said committee and committed to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
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 heating oil that meets the specifications of ASTM D975, or other specifications as determined by the commissioner.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10699-06-7
S. 5422--A 2
(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:
(1) A taxpayer shall be allowed a credit against the tax imposed by this article. Such credit, to be computed as hereinafter provided, shall
S. 5422--A 3
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.
Sponsor's memo
Title of bill
An act to amend the environmental conservation law and the tax law, in relation to bioheating fuel
Purpose or general idea of bill
The purpose of this bill is to require that all heating oil sold in Nassau, Suffolk, and Westchester counties contain at least five percent biodiesel (25).
Summary of provisions
The environmental conservation law would be amended by adding a new section 19-0327. This section defines: biodiesel, bioheating fuel, heating oil, and feedstock. Subsection (2) deems that all heating oil sold for use in Nassau, Suffolk, and Westchester counties on and after July 1, 2018 contains at least E5.
Justification
Biodiesel in heating oil reduces a number of different pollutants and greenhouse gas emissions that are emitted into the atmosphere. Carbon dioxide, nitrogen oxides, and sulfur oxides are reduced by 4%, 5%, and 5f=6, respectively with a 25 blend. Those numbers only grow with higher blends. Particulate matter, carbon monoxide, and hydrocarbons have also shown reductions. These emissions cause a multitude of health issues, including respiratory and cardiovascular harm. Any reduction in the emissions would result in a positive change, not only for public health but for the environment as well. Biodiesel heating oil would help reach the State's goals of cleaner air and soil.
Prior legislative history
New bill in 2017.
Fiscal implications for state and local governments
This would be revenue neutral.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.