Bill Text: NY S00998 | 2009-2010 | General Assembly | Introduced

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Bill Title: Provides that diesel fuel that contains a concentration of sulfur that is less than or equal to fifteen parts per million shall not be sold or offered for sale unless such diesel fuel includes biodiesel as its lubrication additive.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-01-06 - REFERRED TO ENVIRONMENTAL CONSERVATION [S00998 Detail]

Download: New_York-2009-S00998-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          998
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                   January 22, 2009
                                      ___________
       Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
         when printed to be committed to the Committee on Environmental Conser-
         vation
       AN ACT to amend the environmental conservation law and  the  agriculture
         and markets law, in relation to the sale of diesel fuel
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 19-0107 of the environmental  conservation  law  is
    2  amended by adding a new subdivision 25 to read as follows:
    3    25.  "BIODIESEL  FUEL"  MEANS  A  RENEWABLE, BIODEGRADABLE, MONO ALKYL
    4  ESTER COMBUSTIBLE LIQUID FUEL DERIVED FROM AGRICULTURAL  PLANT  OILS  OR
    5  ANIMAL  FATS  AND  THAT MEETS AMERICAN SOCIETY FOR TESTING AND MATERIALS
    6  SPECIFICATION D6751 FOR BIODIESEL FUEL (B100) BLEND STOCK FOR DISTILLATE
    7  FUELS AS UPDATED.
    8    S 2. Subdivision 2 of section 19-0301 of the  environmental  conserva-
    9  tion law is amended by adding a new paragraph f to read as follows:
   10    F.  COOPERATE WITH THE DEPARTMENT OF AGRICULTURE AND MARKETS TO ENSURE
   11  AN EFFICIENT TRANSITION TO THE USE OF BIODIESEL FUEL AS THE  LUBRICATION
   12  ADDITIVE FOR LOW-SULFUR DIESEL FUEL.
   13    S 3. Subdivision 1 of section 192-c of the agriculture and markets law
   14  is amended by adding a new paragraph k to read as follows:
   15    K. "BIODIESEL FUEL" MEANS A RENEWABLE, BIODEGRADABLE, MONO ALKYL ESTER
   16  COMBUSTIBLE  LIQUID  FUEL DERIVED FROM AGRICULTURAL PLANT OILS OR ANIMAL
   17  FATS AND THAT MEETS AMERICAN SOCIETY FOR TESTING AND MATERIALS  SPECIFI-
   18  CATION  D6751 FOR BIODIESEL FUEL (B100) BLEND STOCK FOR DISTILLATE FUELS
   19  AS UPDATED.
   20    S 4. Subdivisions 11, 12 and 13 of section 192-c  of  the  agriculture
   21  and  markets  law  are  renumbered  subdivisions 12, 13 and 14 and a new
   22  subdivision 11 is added to read as follows:
   23    11. A. UPON THE SATISFACTION OF THE CONDITIONS SET FORTH IN  PARAGRAPH
   24  B  OF THIS SUBDIVISION AND UPON PUBLICATION IN THE STATE REGISTER OF THE
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06330-01-9
       S. 998                              2
    1  CERTIFICATION SET FORTH IN SUBPARAGRAPH  (I)  OF  PARAGRAPH  B  OF  THIS
    2  SUBDIVISION  AND, IF OCCURRING BEFORE JUNE THIRTIETH, TWO THOUSAND ELEV-
    3  EN, THE CERTIFICATION SET FORTH IN CLAUSE (A) OF  SUBPARAGRAPH  (II)  OF
    4  PARAGRAPH  B  OF  THIS SUBDIVISION, A PERSON SHALL NOT SELL OR OFFER FOR
    5  SALE DIESEL FUEL THAT CONTAINS A CONCENTRATION OF SULFUR  THAT  IS  LESS
    6  THAN  OR  EQUAL  TO  FIFTEEN  PARTS  PER MILLION UNLESS SUCH DIESEL FUEL
    7  INCLUDES BIODIESEL FUEL AS ITS LUBRICATION ADDITIVE.
    8    B. NO PERSON SHALL BE SUBJECT TO THE PROVISIONS OF PARAGRAPH A OF THIS
    9  SUBDIVISION UNTIL THE CONDITIONS SET FORTH IN SUBPARAGRAPHS (I) AND (II)
   10  OF THIS PARAGRAPH HAVE BEEN SATISFIED:
   11    (I) THIRTY DAYS AFTER THE COMMISSIONER HAS CERTIFIED THAT  THE  ANNUAL
   12  CAPACITY  FOR  THE  PRODUCTION  OF  BIODIESEL FUEL IN THIS STATE EXCEEDS
   13  TWELVE MILLION GALLONS; AND
   14    (II) THE EARLIER OF:
   15    (A) EIGHTEEN MONTHS AFTER THE COMMISSIONER CERTIFIES  THAT  A  FEDERAL
   16  ACTION  ON  TAXES IMPOSED, TAX CREDITS ALLOWED OR OTHER ACTION CREATES A
   17  TWO CENT OR GREATER REDUCTION IN THE PRICE ON TAXABLE DIESEL  FUEL  THAT
   18  CONTAINS AT LEAST TWO PERCENT BIODIESEL FUEL THAT IS SOLD IN THIS STATE;
   19  OR
   20    (B) JUNE THIRTIETH, TWO THOUSAND ELEVEN.
   21    S 5. This act shall take effect immediately, provided that the commis-
   22  sioner  of  agriculture  and  markets  shall notify the legislative bill
   23  drafting commission upon the occurrence of the certifications set  forth
   24  in section four of this act in order that the commission may maintain an
   25  accurate and timely effective data base of the official text of the laws
   26  of  the  state of New York in furtherance of effecting the provisions of
   27  section 44 of the legislative law and section 70-b of the  public  offi-
   28  cers law.