Resolve, Regarding Biofuel in Number 2 Heating Oil
Maine Legislature, Session 129, LD 1080
Committee: Environment and Natural Resources
Sponsors: RILEY, CAIAZZO, DOUDERA, FOSTER, KESSLER

Legislative Document
No. 1080
H.P. 803
House of Representatives, March 5, 2019
Resolve, Regarding Biofuel in Number 2 Heating Oil
(EMERGENCY)
Reference to the Committee on Environment and Natural Resources suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative RILEY of Jay.
Cosponsored by Representatives: CAIAZZO of Scarborough, DOUDERA of Camden, 
FOSTER of Dexter, KESSLER of South Portland.
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, this legislation directs the Executive Department, Governor's Energy 
Office to oversee a study of the feasibility of setting a requirement for the percentage of 
biofuel to be used in #2 heating oil; and
Whereas, it is imperative that this study begin as soon as possible in order for it to 
be completed and a report submitted to the Legislature by February 15, 2020; and
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, be it
Sec. 1.  Biofuels in heating oil study.  Resolved:  That the Executive 
Department, Governor's Energy Office, referred to in this section as "the office," shall 
oversee a study of the energy, environmental and economic feasibility of setting a 
requirement for the percentage of biofuel to be used in #2 heating oil.  As used in this 
section, "biofuel" means any commercially produced liquid or gas used to ignite a heating 
device or a stationary power device or otherwise substitute for liquid or gaseous fuels that 
is derived from renewable biomass, including, but not limited to, agricultural crops and 
residues, forest products and by-products and separated food waste, as distinct from 
petroleum or other fossil carbon sources.
1.  The study must include, but is not limited to, the following:
A.  The feasibility of linking annual production of biofuel in the State to use goals 
and requirements;
B.  Consideration of biofuel supply, price and infrastructure issues for #2 heating oil;
C.  Consideration of federal regulations and programs, including, but not limited to, 
the United States Environmental Protection Agency's renewable fuel standard and the 
United States Department of Agriculture's biomass crop assistance program;
D.  Consideration of relevant legislative proposals and actions in the United States 
Congress, including, but not limited to, low-carbon fuel standards;
E.  Consideration of relevant policies in other states, particularly in other New 
England states; and
F.  Conformance of goals with the office's 2015 state comprehensive energy plan.
2.  The study must supplement the April 2011 report by the office titled "Biofuels in 
Heating Oil" and update recommendations regarding the establishment of an alternative 
fuel incentive program to stimulate the production, distribution and use of biofuels in #2 
heating oil.
3.  In carrying out the study, the office shall consult with the Department of 
Environmental Protection, the Public Utilities Commission and the Efficiency Maine 
Trust Board.
4.  Performance of the study's examination of supply goals and requirements and 
price considerations under subsection 1 is dependent on receipt of funding through a 3rd-
party grant or donation.  Performance of the study's update of policy recommendations to 
stimulate the production, distribution and use of biofuels, with supply goals and price 
considerations, must be undertaken by the office regardless of funding source.
By February 15, 2020, the office shall submit a report of its findings and 
recommendations, together with any necessary implementing legislation, to the Joint 
Standing Committee on Environment and Natural Resources.
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved.
SUMMARY
This resolve directs the Executive Department, Governor's Energy Office to oversee a 
study of and report to the Joint Standing Committee on Environment and Natural 
Resources on the feasibility of setting a requirement for the percentage of biofuel to be 
used in #2 heating oil.