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2012 -- S 2189 | |
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LC00797 | |
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STATE OF RHODE ISLAND | |
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IN GENERAL ASSEMBLY | |
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JANUARY SESSION, A.D. 2012 | |
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A N A C T | |
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RELATING TO HEALTH AND SAFETY | |
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Introduced By: Senators Sosnowski, McCaffrey, Algiere, and Walaska | |
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Date Introduced: January 24, 2012 | |
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Referred To: Senate Environment & Agriculture | |
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It is enacted by the General Assembly as follows: | |
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SECTION 1. Title 23 of the General Laws entitled "Health and Safety" is hereby |
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amended by adding thereto the following chapter: |
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CHAPTER 23.7 |
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ULTRA-LOW SULFUR AND BIODIESEL HEATING OIL ACT OF 2012 |
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23-23.7--1. Short title. – This chapter shall be known and may be cited as the “Ultra- |
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Low Sulfur and Biodiesel Heating Oil Act of 2012.” |
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23-23.7--2. Statement of intention and purpose. – The intent and purpose of this act is |
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to encourage the production of bio-fuels in the state of Rhode Island, to help create jobs in the |
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emerging bio-fuel industry, to improve air quality, to reduce greenhouse gas emissions, to |
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promote the installation and use of more efficient heating equipment and to become more energy |
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independent by requiring heating oil in the state to contain biodiesel-blended heating oil and by |
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lowering the sulfur content of heating oil sold in the state. |
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23-23.7--3. Definitions – As used in this chapter the following words shall have the |
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following meanings: |
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(1) The term “ASTM” means American Society of Testing and Materials. |
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(2) “Biobased product” shall include the following: |
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(i) “Biobased liquid fuel” means a liquid fuel that is derived principally from renewable |
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biomass and meets the specifications or quality certification standards for use in residential, |
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commercial, or industrial heating applications established by ASTM International – ASTM |
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D6751, or the appropriate successor standard, as the case may be. |
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(ii) “Biodiesel fuel” means the monoalkyl esters of long chain fatty acids derived from |
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plant or animal matters which meet the registration requirements for fuels and fuel additives |
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established by the United States Environmental Protection Agency under section 211 of the Clean |
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Air Act, 42 U.S.C. s.7545, and the requirements of ASTM International – ASTM D6751. |
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(3) “Heating oil” means heating fuel or fuel oil used for heating residential, commercial, |
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or industrial properties, including No. 1 distillate, No. 2 distillate, or No. 6 distillate, a liquid |
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blended with No. 1 distillate, No. 2 distillate, or No. 6 distillate with a three percent (3%) sulfate |
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level, or a five percent (5%) bio-based liquid fuel that meets the specifications or quality |
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certification standards for use in residential, commercial, or industrial heating applications |
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established by ASTM International. |
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(4) “Renewable biomass” means a material, including crops and crop residues, trees and |
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tree residues, organic portions of municipal solid waste, organic portions of construction and |
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demolition debris, grease trap waste, and algae, that can be used for fuel but does not have a |
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petroleum or other fossil fuel base. This definition does not include oil derived from palm trees. |
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(5) “Renewable diesel fuel” means diesel fuel derived from biomass using a thermal |
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depolymerization process which meets the registration requirements for fuels and fuel additives |
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of the United States Environmental Protection Agency under section 211 of the Clean Air Act, 42 |
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U.S.C.s.7545, and the requirements of ASTM International – ASTM D975 or D396. |
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23-23.7--4. Heating Oil biobased products - Notwithstanding any law, rule, regulation, |
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or order to the contrary, and in accordance with the compliance schedule established in this |
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chapter, all heating oil sold in the state for residential, commercial, or industrial uses within the |
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state, shall contain at a minimum the specified percentage of biobased product, unless such |
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requirement has been suspended pursuant to section 23-23.7-6. The compliance schedule shall be |
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as follows: |
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(1) Not later than July 1, 2012, all heating oil sold in the state shall contain not less than |
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two percent (2%) of a biobased product. |
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(2) Not later than July 1, 2013, all heating oil sold in the state shall contain not less than |
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three percent (3%) of a biobased product. |
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(3) Not later than July 1, 2014, all heating oil sold in the state shall contain not less than |
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four percent (4%) of a biobased product. |
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(4) Not later than July 1, 2015 and thereafter, all heating oil sold in the state shall contain |
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not less than five percent (5%) of a biobased product. |
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23-23.7--5. Heating Oil – sulfur content – (a) Notwithstanding any law, rule, regulation |
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or order to the contrary the amount of sulfur content of all heating oil, with the exception of No. 6 |
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distillate, sold for residential, commercial or industrial heating uses within the state shall not |
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exceed the following percentages by weight unless such requirement has been suspended |
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pursuant to section 23-23.7-6: On or after July 1, 2013, the amount of sulfur content of heating oil |
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shall not exceed fifty (50) parts per million and as of July 1, 2014 and thereafter fifteen (15) parts |
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per million. |
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23-23.7--6. Suspension – The governor may temporarily suspend the requirements |
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imposed by sections 23-23-7-3 and 23-23.7-4 if it is determined that the physical availability of |
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biobased product and/or ultra-low sulfur heating oil which complies with these requirements is |
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inadequate at commercially reasonable prices to meet the needs of the residential, commercial or |
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industrial uses in this state and the inadequate availability constitutes an emergency, provided that |
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the governor shall specify in writing the period of time the suspension shall be in effect. |
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23-23.7--7. Effective date – The effective dates set forth within this chapter shall not |
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take effect and may not be enforced until both Connecticut and Massachusetts adopt requirements |
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substantially similar to this state to ensure that an adequate supply of bio-based product and/or |
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ultra-low sulfur heating oil is available to the businesses and consumers of this state. |
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SECTION 2. This act shall take effect upon passage. |
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LC00797 | |
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EXPLANATION | |
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BY THE LEGISLATIVE COUNCIL | |
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OF | |
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A N A C T | |
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RELATING TO HEALTH AND SAFETY | |
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This act would create the Ultra-Low Sulfur and Biodiesel Heating Oil Act of 2012 in |
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order to encourage the production of bio-fuels in the state, create jobs in the emerging bio-fuel |
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industry, improve air quality and promote energy independence. |
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This act would take effect upon passage. |
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LC00797 | |
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