Biodiesel Blending Requirement Discussed But Not Adopted
By: Michael Trunzo, Dir. of Government Affairs, Shenker Russo & Clark LLP
For the first time in eight years, the Governor and Legislature failed to reach an on-time State Budget agreement which is due by April 1; however, they concluded their deliberations on April 6th.
NYSEC, along with the National Biodiesel Board (NBB), had been pursuing a 5% biodiesel blending requirement for heating oil in the "downstate" region of New York. The proposal sought to institute a 5% minimum blending standard in Suffolk, Nassau and Westchester counties, along with New York City which already has a 5% blending standard which will go into effect as of October 1, 2017.
During the budget deliberations, the State Senate included language in their budget proposal supporting "the development of infrastructure for and incentivizing the usage of bioheating fuel containing biodiesel". While this supportive statement did not lead to inclusion in the final State Budget, it did provide a pathway for the introduction of "stand-alone' legislation (S.5422 / A.6954) in both houses by Senator Phil Boyle, (R-Islip) and Assemblyman Steven Englebright, (D-Setauket) along with a number of their colleagues from the three counties and NY City, to implement the proposal. Given that there were positive discussions regarding this proposal, NYSEC will be pursuing the adoption of this legislation during the remainder of the 2017 Legislative Session.
On other fronts, there are a couple of pieces of legislation that NYSEC is actively engaged in. They include: