NY Env Conserv L § 19-0327 (2021)
2021 New York Laws ENV - Environmental Conservation Article 19 - Air Pollution Control Title 3 - Powers and Duties 19-0327 - Bioheating Fuel Requirements.

§ 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.  (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.