2012 -- H 7370

=======

LC00792

=======

STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

____________

A N A C T

RELATING TO HEALTH AND SAFETY

     Introduced By: Representative Arthur Handy

     Date Introduced: February 02, 2012

     Referred To: House Environment and Natural Resources

It is enacted by the General Assembly as follows:

1-1

     SECTION 1. Title 23 of the General Laws entitled "Health and Safety" is hereby

1-2

amended by adding thereto the following chapter:

1-3

     CHAPTER 23.7

1-4

ULTRA-LOW SULFUR AND BIODIESEL HEATING OIL ACT OF 2012

1-5

     23-23.7--1. Short title. – This chapter shall be known and may be cited as the “Ultra-

1-6

Low Sulfur and Biodiesel Heating Oil Act of 2012.”

1-7

     23-23.7--2. Statement of intention and purpose. – The intent and purpose of this act is

1-8

to encourage the production of bio-fuels in the state of Rhode Island, to help create jobs in the

1-9

emerging bio-fuel industry, to improve air quality, to reduce greenhouse gas emissions, to

1-10

promote the installation and use of more efficient heating equipment and to become more energy

1-11

independent by requiring heating oil in the state to contain biodiesel-blended heating oil and by

1-12

lowering the sulfur content of heating oil sold in the state.

1-13

     23-23.7--3. Definitions – As used in this chapter the following words shall have the

1-14

following meanings:

1-15

     (1) The term “ASTM” means American Society of Testing and Materials.

1-16

     (2) “Biobased product” shall include the following:

1-17

     (i) “Biobased liquid fuel” means a liquid fuel that is derived principally from renewable

1-18

biomass and meets the specifications or quality certification standards for use in residential,

1-19

commercial, or industrial heating applications established by ASTM International – ASTM

1-20

D6751, or the appropriate successor standard, as the case may be.

2-1

     (ii) “Biodiesel fuel” means the monoalkyl esters of long chain fatty acids derived from

2-2

plant or animal matters which meet the registration requirements for fuels and fuel additives

2-3

established by the United States Environmental Protection Agency under section 211 of the Clean

2-4

Air Act, 42 U.S.C. s.7545, and the requirements of ASTM International – ASTM D6751.

2-5

     (3) “Heating oil” means heating fuel or fuel oil used for heating residential, commercial,

2-6

or industrial properties, including No. 1 distillate, No. 2 distillate, or No. 6 distillate, a liquid

2-7

blended with No. 1 distillate, No. 2 distillate, or No. 6 distillate with a three percent (3%) sulfate

2-8

level, or a five percent (5%) bio-based liquid fuel that meets the specifications or quality

2-9

certification standards for use in residential, commercial, or industrial heating applications

2-10

established by ASTM International.

2-11

     (4) “Renewable biomass” means a material, including crops and crop residues, trees and

2-12

tree residues, organic portions of municipal solid waste, organic portions of construction and

2-13

demolition debris, grease trap waste, and algae, that can be used for fuel but does not have a

2-14

petroleum or other fossil fuel base. This definition does not include oil derived from palm trees.

2-15

     (5) “Renewable diesel fuel” means diesel fuel derived from biomass using a thermal

2-16

depolymerization process which meets the registration requirements for fuels and fuel additives

2-17

of the United States Environmental Protection Agency under section 211 of the Clean Air Act, 42

2-18

U.S.C.s.7545, and the requirements of ASTM International – ASTM D975 or D396.

2-19

     23-23.7--4. Heating Oil biobased products - Notwithstanding any law, rule, regulation,

2-20

or order to the contrary, and in accordance with the compliance schedule established in this

2-21

chapter, all heating oil sold in the state for residential, commercial, or industrial uses within the

2-22

state, shall contain at a minimum the specified percentage of biobased product, unless such

2-23

requirement has been suspended pursuant to section 23-23.7-6. The compliance schedule shall be

2-24

as follows:

2-25

     (1) Not later than July 1, 2012, all heating oil sold in the state shall contain not less than

2-26

two percent (2%) of a biobased product.

2-27

     (2) Not later than July 1, 2013, all heating oil sold in the state shall contain not less than

2-28

three percent (3%) of a biobased product.

2-29

     (3) Not later than July 1, 2014, all heating oil sold in the state shall contain not less than

2-30

four percent (4%) of a biobased product.

2-31

     (4) Not later than July 1, 2015 and thereafter, all heating oil sold in the state shall contain

2-32

not less than five percent (5%) of a biobased product.

2-33

     23-23.7--5. Heating Oil – sulfur content – (a) Notwithstanding any law, rule, regulation

2-34

or order to the contrary the amount of sulfur content of all heating oil, with the exception of No. 6

3-1

distillate, sold for residential, commercial or industrial heating uses within the state shall not

3-2

exceed the following percentages by weight unless such requirement has been suspended

3-3

pursuant to section 23-23.7-6: On or after July 1, 2013, the amount of sulfur content of heating oil

3-4

shall not exceed fifty (50) parts per million and as of July 1, 2014 and thereafter fifteen (15) parts

3-5

per million.

3-6

     23-23.7--6. Suspension – The governor may temporarily suspend the requirements

3-7

imposed by sections 23-23-7-3 and 23-23.7-4 if it is determined that the physical availability of

3-8

biobased product and/or ultra-low sulfur heating oil which complies with these requirements is

3-9

inadequate at commercially reasonable prices to meet the needs of the residential, commercial or

3-10

industrial uses in this state and the inadequate availability constitutes an emergency, provided that

3-11

the governor shall specify in writing the period of time the suspension shall be in effect.

3-12

     23-23.7--7. Effective date – The effective dates set forth within this chapter shall not

3-13

take effect and may not be enforced until both Connecticut and Massachusetts adopt requirements

3-14

substantially similar to this state to ensure that an adequate supply of bio-based product and/or

3-15

ultra-low sulfur heating oil is available to the businesses and consumers of this state.

3-16

     SECTION 2. This act shall take effect upon passage.

=======

LC00792

=======

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO HEALTH AND SAFETY

***

4-1

     This act would create the Ultra-Low Sulfur and Biodiesel Heating Oil Act of 2012 in

4-2

order to encourage the production of bio-fuels in the state, create jobs in the emerging bio-fuel

4-3

industry, improve air quality and promote energy independence.

4-4

     This act would take effect upon passage.

=======

LC00792

=======