§ 19-0327 — Bioheating fuel requirements

§ 19-0327. Bioheating fuel requirements.\n (1) Definitions. For the purpose of this section, the following terms\nshall have the following meanings:\n (a) "Biodiesel" shall mean a fuel, designated B100, that meets the\nrequirements of the ASTM international specification D6751.\n (b) "Renewable Hydrocarbon Diesel" shall mean a North\nAmerican-produced fuel derived from vegetable oils, animal fats, and\nother renewable feedstocks that meet the requirements of ASTM\ninternational specification D975. Renewable hydrocarbon shall not\ninclude any fuel from co-processed biomass with a feedstock that is not\nbiomass.\n (c) "Bioheating fuel" shall mean a fuel comprised of biodiesel blended\nwith petroleum heating oil that meets the requirements of the ASTM\ninternational specification D396, a fuel comprised of\ndomestically-produced renewable hydrocarbon diesel with petroleum\nheating oil that meets the specifications of ASTM international\nspecification D975, or other specifications as determined by the\ncommissioner.\n (d) "Heating oil" shall mean petroleum oil refined for the purpose of\nuse as fuel for combustion in a space and/or water heating system that\nmeets the requirements of the ATSM international specification D396 or\nother specifications as determined by the commissioner.\n (e) "Feedstock" shall mean soybean oil, oil from annual cover crops,\nalgal oil, biogenic waste oils, fats or greases, or non-food grade corn\noil, provided that the commissioner may, by rules and regulations,\nmodify the definition of feedstock based on the vegetable oils, animal\nfats or cellulosic biomass listed in table 1 of 40 C.F.R. § 80.1426.\n (2) On and after July first, two thousand eighteen, all heating oil\nsold for use in any building within the counties of Nassau, Suffolk and\nWestchester shall be bioheating fuel that contains at least five percent\nbiodiesel.\n (3) On or after July first, two thousand twenty-two, all heating oil\nsold for use in any building within the state shall be bioheating fuel\nthat contains at least five percent biodiesel.\n (4) On or after July first, two thousand twenty-five, all heating oil\nsold for use in any building within the state shall be bioheating fuel\nthat contains at least ten percent biodiesel.\n (5) On or after July first, two thousand thirty, all heating oil sold\nfor use in any building within the state shall be bioheating fuel that\ncontains at least twenty percent biodiesel.\n (6) The minimum content requirements of this section shall not apply\nto kerosene.\n (7) The governor may, by issuing an executive order, temporarily\nsuspend the applicability of this section at any time based on the\ngovernor's determination, after consulting with the New York state\nenergy research and development authority and the department, that\nmeeting the requirement of subdivision two of this section is not\nfeasible due to lack of adequate supply of biodiesel or that meeting the\nrequirement would result in financial hardship to consumers.\n (8) The requirements of this section shall not: (a) prohibit the sale\nand use of bioheating fuel with the same or any greater percentage of\nbiodiesel blended with heating oil, or the sale and use of one hundred\npercent biodiesel, for space and/or water heating purposes in the state;\nand (b) preempt any laws of the city of New York with respect to\nmandated percentage levels of biodiesel blends with heating oil provided\nthat such laws require the same or greater percentage of biodiesel\nblended with heating oil as required by this section.\n (9) No bioheating fuel shall be sold to a customer that would void the\nmanufacturer's warranty for that burner or boiler type unless the\nbioheat provider warranties in writing to the customer that the use of\nsuch bioheating fuel will be covered to the extent and time limits of\nthe warranty then covering such burner or boiler.\n