Chapter 347
2021 -- H 5132 SUBSTITUTE A
Enacted 07/12/2021

A N   A C T
RELATING TO HEALTH AND SAFETY -- BIODIESEL PRODUCTS

Introduced By: Representatives Ruggiero, Carson, Knight, and Abney

Date Introduced: January 25, 2021

It is enacted by the General Assembly as follows:
     SECTION 1. The title of Chapter 23-23.7 of the General Laws entitled “Biodiesel Heating
Oil Act of 2013” is hereby amended to read as follows:
CHAPTER 23-23.7
Biodiesel Heating Oil Act of 2013
CHAPTER 23-23.7
BIODIESEL PRODUCTS
     SECTION 2. Sections 23-23.7-3, 23-23.7-4, 23-23.7-5 and 23-23.7-7 of the General Laws
in Chapter 23-23.7 entitled "Biodiesel Heating Oil Act of 2013" are hereby amended to read as
follows:
     23-23.7-3. Definitions.
     As used in this chapter, the following words shall have the following meanings:
     (1) The term "ASTM" or "International" means American Society for Testing and
Materials International.
     (2) "Biobased product" shall include the following;
     (i) "Biobased liquid fuel" means a liquid fuel that is derived principally from renewable
biomass and meets the specifications or quality certification standards for use in residential,
commercial, or industrial heating applications established by ASTM International--ASTM D396,
or the appropriate successor standard, as the case may be.
     (2) “Biodiesel blend (BXX)” means a blend of biodiesel fuel with fuel oil in which the
“BXX” represents the volume percentage of biodiesel fuel in the blend as provided in the following
designations:
     (i) "B5" represents a biodiesel blend in which the volume of biodiesel fuel in the blend is
between four and one-half percent (4.5%) to five and one-half percent (5.5%);
     (ii) "B10" represents a biodiesel blend in which the volume of biodiesel fuel in the blend
is between nine and one-half percent (9.5%) to ten and one-half percent (10.5%).
     (iii) "B20" represents a biodiesel blend in which the volume of biodiesel fuel in the blend
is between nineteen and one-half percent (19.5%) to twenty and one-half percent (20.5%).
     (iv) "B50" represents a biodiesel blend in which the volume of biodiesel fuel in the blend
is forty-nine and one-half percent (49.5%) to fifty and one-half percent (50.5%).
     (ii)(3) "Biodiesel fuel" means the monoalkyl esters of long chain fatty acids derived from
plant or animal matters a fuel, designated B100, that meets the requirements of ASTM D6751, or
the most recent specification and which that meet meets the registration requirements for fuels and
fuel additives established by the United States environmental protection agency Environmental
Protection Agency under section 211 of the clean air act Clean Air Act, 42 U.S.C. § 7545, and
the requirements of ASTM International--ASTM D6751.
     (4) "Biodiesel heating fuel" means a heating fuel comprised of biodiesel and/or renewable
hydrocarbon diesel that is blended with heating oil that meets the requirements of ASTM D396, or
the most recent specification, or a fuel comprised of renewable hydrocarbon diesel with petroleum
heating oil that meets the specification of ASTM D975, or other specifications as determined by
the director.
     (iii) (5) "Biomass" or "Renewable biomass" means a material, including: crops and crop
residues, trees and tree residues, organic portions of municipal solid waste, organic portions of
construction and demolition debris, grease trap waste, and algae, that can be used for fuel but does
not have a petroleum or other fossil fuel base.
     (6) "Blender" or "distributer" means the person that who holds the inventory position in
the heating oil, as reflected on the records of the terminal operator. A person holds the inventory
position in heating oil when the person has a contractual agreement with the terminal operator for
the use of storage facilities and terminaling services at a terminal with respect to the heating oil.
The term also includes a terminal operator that owns heating oil in its terminal.
     (3)(7) "Director" means the director of the department of environmental management.
     (8) "Eligible Feedstock feedback” means: soybean oil,; canola oil,; oil from annual cover
crops,; algal oil,; biogenic waste oils, fats, and greases,; camelina sativa oil,; distillers corn oil,;
distillers sorghum oil,; and commingled distillers corn and sorghum oil, provided that the
commissioner may, by rules and regulations, modify the definition of feedstock based on EPA's
potential future modifications of Table 1 of 40 C.F.R § 80.142611, and which has generated a RIN
in compliance with the federal RFS program.
     (4)(9) "Heating oil" means fuel or fuel oil used for heating residential, commercial, or
industrial properties, including No. 1 distillate, No. 2 distillate, a liquid blended with No. 1
distillate, No. 2 distillate, or a five percent (5%) biobased liquid fuel that meets the specifications
or quality certification standards for use in residential, commercial, or industrial heating
applications established by ASTM International petroleum oil refined for the purpose of use as fuel
for combustion in a space and/or water heating system that meets the requirements of ASTM D396,
or the most recent specification.
     (10) "Renewable hydrocarbon diesel" means a fuel derived from an eligible feedstock that
meets the requirements of ASTM D975, or the most recent specification. Renewable hydrocarbon
diesel shall not include any fuel from co-processed biomass with a feedstock that is not a biomass.
     23-23.7-4. Heating oil biobased products.
     Notwithstanding any law, rule, regulation, or order to the contrary, and in accordance with
the compliance schedule established in this chapter, all No. 2 distillate heating oil sold in the state
for residential, commercial, or industrial uses within the state, shall contain, at a minimum, the
specified percentage of biobased product, unless such the requirement has been suspended pursuant
to § 23-23.7-6 23-23.7-7. The compliance schedule shall be as follows:
     (1) Not later than July 1, 2014, all No. 2 distillate heating oil sold in the state shall contain
not less than two percent (2%) of a biobased product.
     (2) Not later than July 1, 2015, all No. 2 distillate heating oil sold in the state shall contain
not less than three percent (3%) of a biobased product.
     (3) Not later than July 1, 2016, all No. 2 distillate heating oil sold in the state shall contain
not less than four percent (4%) of a biobased product.
     (4) Not later than July 1, 2017, all No. 2 distillate heating oil sold in the state shall contain
not less than five percent (5%) of a biobased product.
     (5) Not later than July 1, 2021, all No. 2 distillate heating oil sold in the state shall at a
minimum meet the standards for B5 biodiesel blend and/or renewable hydrocarbon diesel.
     (6) Not later than July 1, 2023, all No. 2 distillate heating oil sold in the state shall at a
minimum meet the standards for B10 biodiesel blend and/or renewable hydrocarbon diesel.
     (7) Not later than July 1, 2025, all No. 2 distillate heating oil sold in the state shall at a
minimum meet the standards for B20 biodiesel blend and/or renewable hydrocarbon diesel.
     (8) Not later than July 1, 2030, all No. 2 distillate heating oil sold in the state shall at a
minimum meet the standards for B50 biodiesel blend and/or renewable hydrocarbon diesel.
     23-23.7-5. Certification.
     (a) The blender or distributor of the biobased product biodiesel fuel or renewable
hydrocarbon diesel at the time of sale to a retail distributor of heating fuel shall provide certification
stating:
     (1) That the No. 2 distillate heating fuel meets ASTM International--ASTM D396 and/or
the successor standard as the case may be; and
     (2) That the biobased product biodiesel fuel or renewable hydrocarbon diesel used for
blending meets the definition of biobased product biodiesel fuel or renewable hydrocarbon diesel
in § 23-23.7-3(2) 23-23.7-3; and
     (3) The percentage of the biobased product biodiesel fuel or renewable hydrocarbon diesel
contained in the fuel.
     (b) The director shall create and provide to blenders and distributors a quarterly report form
to be filed by the blender or distributor with the department of environmental management stating
the number of gallons of biobased fuel biodiesel fuel or renewable hydrocarbon diesel sold and
certification that said gallons meet the standards set forth in this chapter.
     23-23.7-7. Suspension.
     The governor of the state of Rhode Island, or the director, may temporarily suspend the
requirements imposed by § 23-23.7-4 if it is determined that the physical availability of biobased
product biodiesel fuel and/or renewable hydrocarbon diesel heating oil which that complies with
these requirements is inadequate or unavailable at commercially reasonable prices to meet the needs
of the residential, commercial, or industrial uses in this state and the inadequate availability
constitutes an emergency, provided that the governor or director, shall specify in writing, the period
of time the suspension shall be in effect; provided that this period shall not exceed three (3) months.
Any person seeking a suspension shall submit a request in writing to the governor or director that
provides the factual basis for the suspension.
     SECTION 3. This act shall take effect on January 1, 2022.
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LC000017/SUB A
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