2013 -- H 5802

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LC01390

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO HEALTH AND SAFETY - BIODIESEL HEATING OIL ACT OF 2013

     

     

     Introduced By: Representatives Handy, Ruggiero, Walsh, Ajello, and Tanzi

     Date Introduced: February 28, 2013

     Referred To: House Environment and Natural Resources

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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BIODIESEL HEATING OIL ACT OF 2013

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

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Heating Oil Act of 2013."

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

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to encourage the production of biofuels in the state of Rhode Island, to help create jobs in the

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emerging biofuel industry, to improve air quality, to reduce Rhode Island greenhouse gas

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emissions, to promote the installation and use of more efficient heating equipment and to promote

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more energy independence by requiring heating oil sold in the state of Rhode Island to contain

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biodiesel-blended heating oil.

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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 ASTM International.

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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. section 7545, and the requirements of ASTM International - ASTM D6751.

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     (iii) "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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     (iv) "Renewable diesel fuel” means diesel fuel derived from biomass using a thermal

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depolymerization process which meets the requirements of ASTM International - ASTM D975 or

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D396.

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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. I distillate, No. 2 distillate, No. 6 distillate, a liquid blended

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

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a five percent (5%) biobased liquid fuel that meets the specifications or quality certification

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standards for use in residential, commercial, or industrial heating applications established by

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ASTM International.

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     23-23.7-4. Heating oil biobased products. – (a) Notwithstanding any law, rule,

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

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in subsection (b) of this section, all heating oil sold in the state for residential, commercial, or

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industrial uses within the state, shall contain, at a minimum, the specified percentage of biobased

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product, unless such requirement has been suspended pursuant to section 23-23.7-5.

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     (b) Not later than July 1, 2014, 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. Suspension. – The governor of the state of Rhode Island may

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temporarily suspend the requirements imposed by section 23-23.7-4 if it is determined that the

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physical availability of biobased product 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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     SECTION 2. This act shall take effect upon passage.

     

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LC01390

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO HEALTH AND SAFETY - BIODIESEL HEATING OIL ACT OF 2013

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     This act would enact the Biodiesel Heating Oil Act of 2013, which would require that all

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heating oil sold in the state contain five percent (5%) of a biobased product.

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     This act would take effect upon passage.

     

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LC01390

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H5802