2018 -- S 2358 | |
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LC004636 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2018 | |
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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: Senators Sosnowski, Crowley, Miller, Conley, and Coyne | |
Date Introduced: February 15, 2018 | |
Referred To: Senate Environment & Agriculture | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Sections 23-23.7-3, 23-23.7-4, 23-23.7-5 and 23-23.7-7 of the General |
2 | Laws in Chapter 23-23.7 entitled "Biodiesel Heating Oil Act of 2013" are hereby amended to |
3 | read as follows: |
4 | 23-23.7-3. Definitions. |
5 | As used in this chapter, the following words shall have the following meanings: |
6 | (1) The term "ASTM" means American Society for Testing and Materials. |
7 | (2) "Biobased product" shall include the following; |
8 | (i) "Biobased liquid fuel" means a liquid fuel that is derived principally from renewable |
9 | biomass and meets the specifications or quality certification standards for use in residential, |
10 | commercial, or industrial heating applications established by ASTM International--ASTM D396, |
11 | or the appropriate successor standard, as the case may be. |
12 | (ii) "Biodiesel fuel" means the monoalkyl esters of long chain fatty acids derived from |
13 | plant or animal matters which meet the registration requirements for fuels and fuel additives |
14 | established by the United States environmental protection agency under section 211 of the clean |
15 | air act, 42 U.S.C. § 7545, and the requirements of ASTM International--ASTM D6751. |
16 | (iii) "Renewable biomass" means a material, including crops and crop residues, trees and |
17 | tree residues, organic portions of municipal solid waste, organic portions of construction and |
18 | demolition debris, grease trap waste, and algae, that can be used for fuel but does not have a |
19 | petroleum or other fossil fuel base. |
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1 | (3) "Director" means the director of the department of environmental management. |
2 | (4) "Fuel oil terminal" means a fuel oil storage and distribution facility that is supplied by |
3 | pipeline or waterborne vessel, and from which fuel oil may be distributed at a loading rack into a |
4 | truck, trailer, or railroad car. Fuel oil terminals may be supplied by additional means such as tank |
5 | trucks or railroad cars. |
6 | (4)(5) "Heating oil" means fuel or fuel oil used for heating residential, commercial, or |
7 | industrial properties, including No. 1 distillate, No. 2 distillate, a liquid blended with No. 1 |
8 | distillate, No. 2 distillate, or a five percent (5%) biobased liquid fuel that meets the specifications |
9 | or quality certification standards for use in residential, commercial, or industrial heating |
10 | applications established by ASTM International. |
11 | 23-23.7-4. Heating oil biobased products. |
12 | Notwithstanding any law, rule, regulation, or order to the contrary, and in accordance |
13 | with the compliance schedule established in this chapter, all No. 2 distillate heating oil sold in the |
14 | state for residential, commercial, or industrial uses within the state, shall contain, at a minimum |
15 | on average, the specified percentage of biobased product, unless such requirement has been |
16 | suspended pursuant to § 23-23.7-6. The compliance schedule shall be as follows: |
17 | (1) Not later than July 1, 2014, all No. 2 distillate heating oil sold in the state shall |
18 | contain not less than two percent (2%) of a biobased product on average. |
19 | (2) Not later than July 1, 2015, all No. 2 distillate heating oil sold in the state shall |
20 | contain not less than three percent (3%) of a biobased product on average. |
21 | (3) Not later than July 1, 2016, all No. 2 distillate heating oil sold in the state shall |
22 | contain not less than four percent (4%) of a biobased product on average. |
23 | (4) Not later than July 1, 2017, all No. 2 distillate heating oil sold in the state shall |
24 | contain not less than five percent (5%) of a biobased product on average. |
25 | 23-23.7-5. Certification. |
26 | (a) The blender of the biobased product at the time of sale to a distributor of Each fuel oil |
27 | terminal that distributes heating fuel oil shall provide certification stating: |
28 | (1) That the No. 2 distillate heating fuel meets ASTM International--ASTM D396 and/or |
29 | the successor standard as the case may be; and |
30 | (2) That the biobased product used for blending meets the definition of biobased product |
31 | in subdivision 23-23.7-3(2); and |
32 | (3) The percentage of the biobased product contained in the fuel. |
33 | (b) The director shall create and provide to blenders fuel oil terminals a quarterly report |
34 | form to be filed by the blender fuel oil terminals with the department of environmental |
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1 | management stating the number of gallons of biobased fuel sold and certification that said gallons |
2 | meet the standards set forth in this chapter. |
3 | 23-23.7-7. Suspension. |
4 | (a) The governor of the state of Rhode Island may temporarily suspend the requirements |
5 | imposed by § 23-23.7-4 if it is determined that the physical availability of biobased product |
6 | heating oil which complies with these requirements is inadequate at commercially reasonable |
7 | prices to meet the needs of the residential, commercial, or industrial uses in this state and the |
8 | inadequate availability constitutes an emergency, provided that the governor, shall specify in |
9 | writing, the period of time the suspension shall be in effect shall be in writing and shall not |
10 | exceed six (6) months. Any person seeking a suspension under this section shall submit a request, |
11 | in writing, to the governor that provides sufficient information to demonstrate that the physical |
12 | availability of biobased product heating oil which complies with these requirements is inadequate |
13 | at commercially reasonable prices to meet the needs of the residential, commercial, or industrial |
14 | uses in this state and that the inadequate availability constitutes an emergency. |
15 | (b) The director may, upon application, defer compliance with the requirements imposed |
16 | by § 23-23.7-4 for a period not to exceed three (3) months where compliance is not possible for |
17 | good cause shown. Any fuel oil terminal seeking a deferral of compliance under this section shall |
18 | submit a request, in writing, to the director that provides sufficient information to demonstrate |
19 | why a deferral of compliance is needed. |
20 | SECTION 2. This act shall take effect upon passage. |
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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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1 | This act would add a definition for "fuel oil terminal" for the purposes of the Biodiesel |
2 | heating oil act of 2013, and would establish procedures for obtaining temporary suspensions from |
3 | compliance when there is an inadequate supply of biobased product, or when good cause is |
4 | shown. |
5 | This act would take effect upon passage. |
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