An Act To Establish Biofuel and Ultra-low Sulfur Requirements for Number 2 Home Heating Oil <
Maine Legislature, Session 124, LD 1632
Committee: Natural Resources
Sponsors: BUTTERFIELD

Legislative Document 
No. 1632 
H.P.1160 
House of Representatives, December 23, 2009 
An Act To Establish Biofuel and Ultra-low Sulfur Requirements for 
Number 2 Home Heating Oil 
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Approved for introduction bya majority of the Legislative Council pursuant to Joint Rule 
203. 
Received by the Clerk of the House on December 21, 2009. Referred to the Committee on 
Natural Resources pursuant10 Joint Rule 308.2 and ordered printed pursuant to Joint Rule 401. 
Presented by Representative BUTTERFIELD of Bangor. 
Cqsponsored by Senator BAR TLETTof Cumberland and 
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MILLICENT M. MacFARLAND 
Clerk 
Representatives: DUCHESNE of Hudson, WALSH INNES ofYarrriouth, KNAPP of Gorham, 
WELSH of Rockport, Senator: GOODALLofSagadahoc. 
Prml~d 011 rt!~yckd PUP!!!" 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 10 MR.SA §1663 isen~~tedt() read: 
§1663. Biofuel and ultra-low sulfur:requirements for heating oil 
. 1. Definitions. As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
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A. ' "Biofuel" has the same meaning as in Title 3 6, section 52 I 9::::X:, '~ubs~ction I. 
B. "Number 2 heating oil" means fuel oil classified as number 2 accordirig to ASTM 
Standard Specification for Classification of Fuel Oils by ASTM D396-84 that is used 
in residential, commercial or industry heating applications. 
C. "Ultra-low sulfur content heating fuel" means humber 2 heating oil that has a 
sulfur content of no more than 15 parts per million. 
2. Biofuel requirements. The biofuel requirements in this subsection apply to 
number 2 heating oil sold in the State. 
A. Beginning July 1, 2011, a person may not ,sell number 2 heating oil for use in the 
State unless it contains at least 2% biofuel. 
B. After the first calendar year in which annual production of biofuel 'in the State is 
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at least 20,000%000 gallons, a person may not sell number 2 heating oil for use in the 
State unless it contains at least 5% biofuel. 
C. After the first calendar year in which annual production of biofuel in the State is 
at least 40,000,000 gallons, a person may not sell number 2 heating oil for use in the 
State unless it contains at least 10% biofuel. 
D. If the price of number 2 heating oil meeting the biofuel requirement in this 
subsection exceeds by 20% or more the price of number 2 heating oil that does not 
meet the biofuel requirement, the Governor may issue a waiver of the biofueI 
requirement. 
3. Ultra-low sulfur content requirement. The ultra-low sulfur content requirement 
in this subsection applies to number 2 heating oil sold in the State. 
A. Beginning July 1,2011, a person may not sell number 2 heating oil for use in the 
State unless it is ultra-low sulfur content heating fuel. 
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B. The Governor may issue' a waiver to the ultra-low sulfur content requirement in 
this subsection if: 
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(1) There is not a sufficient supply of ultra-low sulfu1"C;ontent heating fuel in the 
State; or 
(2) The price of ultra-low sulfur content heating fuel' in the State' exceed's; by 20,% 
or more the price of number 2 heating oil' that has a sulfur cORtent over J; S parts 
per million, 
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SUMMARY 
This bill requires that, beginning July 1, 2011, heating fuel sold for use in the State 
must have a sulfur content of no more than 15 parts per million and must contain at least 
2% biofuel. As production of biofuel in the State increases, the percent.age of biofuel 
required also increases. The bill also authorizes the Governor to waive the ultra-low 
sulfur and biofuel requirements.