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 distributor" 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 feedstock” 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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