2013 -- S 0816

=======

LC02253

=======

STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

____________

A N A C T

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

     

     

     Introduced By: Senator V. Susan Sosnowski

     Date Introduced: April 04, 2013

     Referred To: Senate Environment & Agriculture

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

BIODIESEL HEATING OIL ACT OF 2013

1-5

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

1-6

Heating Oil Act of 2013."

1-7

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

1-8

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

1-9

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

1-10

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

1-11

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

1-12

biodiesel-blended heating oil.

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 ASTM International.

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

2-5

     (iii) "Renewable biomass” means a material, including crops and crop residues, trees and

2-6

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

2-7

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

2-8

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

2-9

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

2-10

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

2-11

D396.

2-12

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

2-13

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

2-14

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

2-15

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

2-16

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

2-17

ASTM International.

2-18

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

2-19

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

2-20

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

2-21

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

2-22

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

2-23

     (b) Not later than July 1, 2014, and thereafter, all heating oil sold in the state shall contain

2-24

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

2-25

     23-23.7-5. Suspension. – The governor of the state of Rhode Island may

2-26

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

2-27

physical availability of biobased product heating oil which complies with these requirements is

2-28

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

2-29

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

2-30

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

3-31

     SECTION 2. This act shall take effect upon passage.

     

=======

LC02253

========

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

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

***

4-1

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

4-2

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

4-3

     This act would take effect upon passage.

     

=======

LC02253

=======

S0816