2012 -- S 2189

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LC00797

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO HEALTH AND SAFETY

     Introduced By: Senators Sosnowski, McCaffrey, Algiere, and Walaska

     Date Introduced: January 24, 2012

     Referred To: Senate Environment & Agriculture

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

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

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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