2013 -- H 5802 | |
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LC01390 | |
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STATE OF RHODE ISLAND | |
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IN GENERAL ASSEMBLY | |
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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 | |
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     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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