Chapter 150
2013 -- S 0816 SUBSTITUTE A AS
AMENDED
Enacted 07/11/13
A N A C T
RELATING TO
HEALTH AND SAFETY - BIODIESEL HEATING OIL ACT OF 2013
Introduced By: Senator V. Susan Sosnowski
Date Introduced: April 04, 2013
It is enacted by the General
Assembly as follows:
SECTION 1. Title 23 of the General Laws entitled
"HEALTH AND SAFETY" is hereby
amended by adding thereto the following chapter:
CHAPTER
23.7
BIODIESEL
HEATING OIL ACT OF 2013
23-23.7-1.
Short title. – This chapter shall be known and
may be cited as the "Biodiesel
Heating Oil Act of 2013."
23-23.7-2.
Statement of intent and purpose. – The intent
and purpose of this chapter is
to encourage the production of biofuels
in the state of
emerging biofuel industry, to
improve air quality, to reduce
emissions, to promote the installation and use of more
efficient heating equipment and to promote
more energy independence by requiring heating oil sold in
the state of
biodiesel-blended heating oil.
23-23.7-3.
Definitions. – As used in this chapter, the
following words shall have the
following meanings:
(1) The term
"ASTM" means American Society for Testing and Materials.
(2) "Biobased product" shall include the following;
(i)
"Biobased liquid fuel" means a liquid fuel
that is derived principally from renewable
biomass and meets the specifications or quality certification
standards for use in residential,
commercial, or industrial heating applications established by
ASTM International--ASTM D396,
or the appropriate successor standard, as the case may
be.
(ii) "Biodiesel
fuel" means the monoalkyl esters of long chain
fatty acids derived from
plant or animal matters which meet the registration
requirements for fuels and fuel additives
established by the
air act, 42 U.S.C. section 7545, and the requirements of
ASTM International--ASTM D6751.
(iii) "Renewable
biomass" means a material, including crops and crop residues, trees and
tree residues, organic portions of municipal solid waste,
organic portions of construction and
demolition debris, grease trap waste, and algae, that can be
used for fuel but does not have a
petroleum or other fossil fuel base.
(3)
"Director" means the director of the department of environmental
management.
(4) "Heating oil" means fuel or fuel oil used for heating residential, commercial, or
industrial properties, including No. 1 distillate, No. 2 distillate, a liquid blended with No. 1
distillate, No. 2 distillate, or a five percent (5%) biobased liquid fuel that meets the specifications
or quality certification standards for use in residential, commercial, or industrial heating
applications established by ASTM International.
23-23.7-4. Heating
oil biobased products. – Notwithstanding
any law, rule,
regulation, or order to the contrary, and in accordance with the
compliance schedule established
in this chapter, all No. 2 distillate heating oil sold
in the state for residential, commercial, or
industrial uses within the state, shall contain, at a minimum,
the specified percentage of biobased
product, unless such requirement has been suspended pursuant
to section 23-23.7-6. The
compliance schedule shall be as follows:
(1) Not later than
July 1, 2014, all No. 2 distillate heating oil sold in the state shall
contain not less than two percent (2%) of a biobased product.
(2) Not later than
July 1, 2015, all No. 2 distillate heating oil sold in the state shall
contain not less than three percent (3%) of a biobased product.
(3) Not later than
July 1, 2016, all No. 2 distillate heating oil sold in the state shall
contain not less than four percent (4%) of a biobased product.
(4) Not later than
July 1, 2017, all No. 2 distillate heating oil sold in the state shall
contain not less than five percent (5%) of a biobased product.
23-23.7-5.
Certification. – (a) The
blender of the biobased product at the time of sale
to
a distributor of heating fuel shall provide
certification stating:
(1) That the No. 2
distillate heating fuel meets ASTM International--ASTM D396 and/or
the successor standard as the case may be; and
(2) That the biobased product used for blending meets the definition of biobased product
in subdivision 23-23.7-3(2); and
(3) The percentage of
the biobased product contained in the fuel.
(b) The director
shall create and provide to blenders a quarterly report form to be filed by
the blender with the department of environmental
management stating the number of gallons of
biobased fuel sold and certification that said gallons meet
the standards set forth in this chapter.
23-23.7-6.
Enforcement. – It shall be the responsibility
of the director of the department
of environmental management to administer and enforce
this chapter.
23-23.7-7.
Suspension. – The governor of the state of
suspend the requirements imposed by section 23-23.7-4 if it
is determined that the physical
availability of biobased product heating
oil which complies with these requirements is inadequate
at commercially reasonable prices to meet the needs of
the residential, commercial, or industrial
uses in this state and the inadequate availability
constitutes an emergency, provided that the
governor, shall specify in writing, the period of time the suspension
shall be in effect.
SECTION 2. This act shall take effect upon passage.
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LC02253/SUB A
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