2023 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
requirements of the ASTM international specification D6751.
(b)    "Renewable    Hydrocarbon    Diesel"   shall   mean   a   North
American-produced fuel derived from vegetable  oils,  animal  fats,  and
other   renewable   feedstocks   that  meet  the  requirements  of  ASTM
international  specification  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  requirements  of  the  ASTM
international     specification    D396,    a    fuel    comprised    of
domestically-produced  renewable  hydrocarbon  diesel   with   petroleum
heating   oil  that  meets  the  specifications  of  ASTM  international
specification  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  requirements of the ATSM international specification 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) On or after July first, two thousand twenty-two, all  heating  oil
sold  for  use in any building within the state shall be bioheating fuel
that contains at least five percent biodiesel.
(4) On or after July first, two thousand twenty-five, all heating  oil
sold  for  use in any building within the state shall be bioheating fuel
that contains at least ten percent biodiesel.
(5) On or after July first, two thousand thirty, all heating oil  sold
for  use  in any building within the state shall be bioheating fuel that
contains at least twenty percent biodiesel.
(6) The minimum content requirements of this section shall  not  apply
to kerosene.
(7)  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 financial hardship to consumers.
(8) 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.
(9) No bioheating fuel shall be sold to a customer that would void the
manufacturer's  warranty  for  that  burner  or  boiler  type unless the
bioheat provider warranties in writing to the customer that the  use  of
such  bioheating  fuel  will be covered to the extent and time limits of
the warranty then covering such burner or boiler.