2013 -- S 0816 SUBSTITUTE A AS AMENDED

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LC02253/SUB A

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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: Senator V. Susan Sosnowski

     Date Introduced: April 04, 2013

     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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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 American Society for 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 D396,

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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.

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     (3) "Director" means the director of the department of environmental management.

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

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industrial properties, including No. 1 distillate, No. 2 distillate, a liquid blended with No. 1

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distillate, No. 2 distillate, or a five percent (5%) biobased liquid fuel that meets the specifications

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

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applications established by ASTM International.

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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 No. 2 distillate heating oil sold in the state for residential, commercial, or industrial

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

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unless such requirement has been suspended pursuant to section 23-23.7-6. The compliance

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schedule shall be as follows:

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     (1) Not later than July 1, 2014, all No. 2 distillate heating oil sold in the state shall

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contain not less than two percent (2%) of a biobased product.

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     (2) Not later than July 1, 2015, all No. 2 distillate heating oil sold in the state shall

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contain not less than three percent (3%) of a biobased product.

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     (3) Not later than July 1, 2016, all No. 2 distillate heating oil sold in the state shall

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contain not less than four percent (4%) of a biobased product.

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     (4) Not later than July 1, 2017, all No. 2 distillate heating oil sold in the state shall

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

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     23-23.7-5. Certification. – (a) The blender of the biobased product at the time of sale to

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a distributor of heating fuel shall provide certification stating:

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     (1) That the No. 2 distillate heating fuel meets ASTM International--ASTM D396 and/or

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the successor standard as the case may be; and

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     (2) That the biobased product used for blending meets the definition of biobased product

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in subdivision 23-23.7-3(2); and

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     (3) The percentage of the biobased product contained in the fuel.

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     (b) The director shall create and provide to blenders a quarterly report form to be filed by

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the blender with the department of environmental management stating the number of gallons of

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biobased fuel sold and certification that said gallons meet the standards set forth in this chapter.

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     23-23.7-6. Enforcement. – It shall be the responsibility of the director of the department

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of environmental management to administer and enforce this chapter.

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     23-23.7-7. Suspension. – The governor of the state of Rhode Island may temporarily

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

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

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

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

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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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LC02253/SUB A

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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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No. 2 distillate heating oil sold in the state contain a specified percentage of a biobased product.

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     This act would take effect upon passage.

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LC02253/SUB A

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