| Chapter 347 |
| 2021 -- H 5132 SUBSTITUTE A Enacted 07/12/2021 |
| A N A C T |
| RELATING TO HEALTH AND SAFETY -- BIODIESEL PRODUCTS |
Introduced By: Representatives Ruggiero, Carson, Knight, and Abney |
| Date Introduced: January 25, 2021 |
| It is enacted by the General Assembly as follows: |
| SECTION 1. The title of Chapter 23-23.7 of the General Laws entitled “Biodiesel Heating |
| Oil Act of 2013” is hereby amended to read as follows: |
| CHAPTER 23-23.7 |
| Biodiesel Heating Oil Act of 2013 |
| CHAPTER 23-23.7 |
| BIODIESEL PRODUCTS |
| SECTION 2. Sections 23-23.7-3, 23-23.7-4, 23-23.7-5 and 23-23.7-7 of the General Laws |
| in Chapter 23-23.7 entitled "Biodiesel Heating Oil Act of 2013" are hereby amended to read as |
| follows: |
| 23-23.7-3. Definitions. |
| As used in this chapter, the following words shall have the following meanings: |
| (1) The term "ASTM" or "International" means American Society for Testing and |
| Materials International. |
| (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. |
| (2) “Biodiesel blend (BXX)” means a blend of biodiesel fuel with fuel oil in which the |
| “BXX” represents the volume percentage of biodiesel fuel in the blend as provided in the following |
| designations: |
| (i) "B5" represents a biodiesel blend in which the volume of biodiesel fuel in the blend is |
| between four and one-half percent (4.5%) to five and one-half percent (5.5%); |
| (ii) "B10" represents a biodiesel blend in which the volume of biodiesel fuel in the blend |
| is between nine and one-half percent (9.5%) to ten and one-half percent (10.5%). |
| (iii) "B20" represents a biodiesel blend in which the volume of biodiesel fuel in the blend |
| is between nineteen and one-half percent (19.5%) to twenty and one-half percent (20.5%). |
| (iv) "B50" represents a biodiesel blend in which the volume of biodiesel fuel in the blend |
| is forty-nine and one-half percent (49.5%) to fifty and one-half percent (50.5%). |
| (ii)(3) "Biodiesel fuel" means the monoalkyl esters of long chain fatty acids derived from |
| plant or animal matters a fuel, designated B100, that meets the requirements of ASTM D6751, or |
| the most recent specification and which that meet meets the registration requirements for fuels and |
| fuel additives established by the United States environmental protection agency Environmental |
| Protection Agency under section 211 of the clean air act Clean Air Act, 42 U.S.C. § 7545, and |
| the requirements of ASTM International--ASTM D6751. |
| (4) "Biodiesel heating fuel" means a heating fuel comprised of biodiesel and/or renewable |
| hydrocarbon diesel that is blended with heating oil that meets the requirements of ASTM D396, or |
| the most recent specification, or a fuel comprised of renewable hydrocarbon diesel with petroleum |
| heating oil that meets the specification of ASTM D975, or other specifications as determined by |
| the director. |
| (iii) (5) "Biomass" or "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. |
| (6) "Blender" or "distributer distributor" means the person that who holds the inventory |
| position in the heating oil, as reflected on the records of the terminal operator. A person holds the |
| inventory position in heating oil when the person has a contractual agreement with the terminal |
| operator for the use of storage facilities and terminaling services at a terminal with respect to the |
| heating oil. The term also includes a terminal operator that owns heating oil in its terminal. |
| (3)(7) "Director" means the director of the department of environmental management. |
| (8) "Eligible Feedstock feedstock” means: soybean oil,; canola oil,; oil from annual cover |
| crops,; algal oil,; biogenic waste oils, fats, and greases,; camelina sativa oil,; distillers corn oil,; |
| distillers sorghum oil,; and commingled distillers corn and sorghum oil, provided that the |
| commissioner may, by rules and regulations, modify the definition of feedstock based on EPA's |
| potential future modifications of Table 1 of 40 C.F.R § 80.142611, and which has generated a RIN |
| in compliance with the federal RFS program. |
| (4)(9) "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 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 ASTM D396, |
| or the most recent specification. |
| (10) "Renewable hydrocarbon diesel" means a fuel derived from an eligible feedstock that |
| meets the requirements of ASTM D975, or the most recent specification. Renewable hydrocarbon |
| diesel shall not include any fuel from co-processed biomass with a feedstock that is not a biomass. |
| 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 the requirement has been suspended pursuant |
| to § 23-23.7-6 23-23.7-7. 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. |
| (5) Not later than July 1, 2021, all No. 2 distillate heating oil sold in the state shall at a |
| minimum meet the standards for B5 biodiesel blend and/or renewable hydrocarbon diesel. |
| (6) Not later than July 1, 2023, all No. 2 distillate heating oil sold in the state shall at a |
| minimum meet the standards for B10 biodiesel blend and/or renewable hydrocarbon diesel. |
| (7) Not later than July 1, 2025, all No. 2 distillate heating oil sold in the state shall at a |
| minimum meet the standards for B20 biodiesel blend and/or renewable hydrocarbon diesel. |
| (8) Not later than July 1, 2030, all No. 2 distillate heating oil sold in the state shall at a |
| minimum meet the standards for B50 biodiesel blend and/or renewable hydrocarbon diesel. |
| 23-23.7-5. Certification. |
| (a) The blender or distributor of the biobased product biodiesel fuel or renewable |
| hydrocarbon diesel at the time of sale to a retail 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 biodiesel fuel or renewable hydrocarbon diesel used for |
| blending meets the definition of biobased product biodiesel fuel or renewable hydrocarbon diesel |
| in § 23-23.7-3(2) 23-23.7-3; and |
| (3) The percentage of the biobased product biodiesel fuel or renewable hydrocarbon diesel |
| contained in the fuel. |
| (b) The director shall create and provide to blenders and distributors a quarterly report form |
| to be filed by the blender or distributor with the department of environmental management stating |
| the number of gallons of biobased fuel biodiesel fuel or renewable hydrocarbon diesel sold and |
| certification that said gallons meet the standards set forth in this chapter. |
| 23-23.7-7. Suspension. |
| The governor of the state of Rhode Island, or the director, may temporarily suspend the |
| requirements imposed by § 23-23.7-4 if it is determined that the physical availability of biobased |
| product biodiesel fuel and/or renewable hydrocarbon diesel heating oil which that complies with |
| these requirements is inadequate or unavailable 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 or director, shall specify in writing, the period |
| of time the suspension shall be in effect; provided that this period shall not exceed three (3) months. |
| Any person seeking a suspension shall submit a request in writing to the governor or director that |
| provides the factual basis for the suspension. |
| SECTION 3. This act shall take effect on January 1, 2022. |
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| LC000017/SUB A |
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