Int. No. 594
By Council Members Gennaro, Mark-Viverito, Koppell,
Vallone Jr., Avella, Brewer, Fidler, Foster, Gentile, Gerson, Gonzalez, James,
Martinez, McMahon, Mealy, Nelson, Palma, Recchia Jr., Sanders Jr., Sears,
Vacca, Weprin, Liu and Monserrate
Be it enacted by
the Council as follows:
Section 1. Section 6-301 of subchapter 1 of chapter 3 of title 6 of the
administrative code of the city of New York is amended by adding new paragraphs
36 through 40 to read as follows:
(36)“Biodiesel” shall mean a
fuel produced in a sustainable manner comprised
exclusively of mono-alkyl esters of long chain
fatty acids derived from vegetable oils or animal fats, designated B100, and
meeting the specifications of the American Society of Testing and Materials
designation D 6751.
(37)“Bioheating fuel” shall mean a fuel comprised of biodiesel blended with
conventional heating oil, which meets the specifications of the American Society of Testing and Materials designation D 396 or D 975.
(38)“Heating oil” shall mean oil manufactured for the purpose of use as fuel for
combustion
in a heating system.
(39)“Heating system” shall mean
a system that generates heat and distributes it within
a building.
(40) “Ultra low sulfur diesel fuel” shall mean diesel fuel that has a
sulfur content of no more than fifteen parts per million.
§2. Chapter 3 of title 6 of the administrative code of the city of New York is amended by adding a new subchapter 7 to read as follows:
SUBCHAPTER
7
Clean
Heating Oil
§6-317 Use of biodiesel and ultra low
sulfur diesel fuel for heating purposes.
§6-318 Clean heating oil study.
§6-319 Clean heating oil promotion
strategy.
§6-317 Use
of biodiesel and ultra low sulfur diesel fuel for heating purposes. a. (1) No
later than July 1, 2008, all heating oil purchased
for use in any building owned by the city shall be bioheating fuel containing
not less than five percent biodiesel and not more than five hundred parts per
million sulfur.
(2) No
later than July 1, 2010, all heating oil purchased
for use in any building owned by the city shall be bioheating fuel containing
not less than ten percent biodiesel and not more than five hundred parts per
million sulfur.
(3)
No later than July 1, 2012, all heating oil purchased for use in any building
owned by the city shall be bioheating fuel containing not less than twenty
percent biodiesel and not more than fifteen parts per million sulfur.
b.
The director, in coordination with the director of the office
of long-term planning and sustainability, may issue a waiver for the biodiesel
percentage or sulfur concentration requirements of paragraph one, paragraph two
or paragraph three of subdivision a of this section, where a city agency makes
a written finding, which is jointly approved, in writing, by such directors,
that a sufficient quantity of bioheating fuel containing the applicable
biodiesel percentage or sulfur concentration is not available to meet such
requirements, provided that the agency, to the extent practicable, shall use
the largest quantity of bioheating fuel that contains the greatest percentage
of biodiesel and lowest concentration of sulfur that is available and most closely
meets such requirements. Any waiver
issued pursuant to this subdivision shall expire after three months, unless the
city agency renews the finding, in writing, and the director and the director
of the office of long-term planning and sustainability jointly approve such
renewal, in writing.
c. No later than March 1, 2009, and
no later than March 1 of every year thereafter, the director, in coordination
with the director of the office of long-term planning and sustainability, shall
submit a report to the mayor and the speaker of the council regarding the
city’s use of bioheating fuel as required by paragraph one and paragraph two of
subdivision a of this section during the immediately preceding calendar
year. Such report shall include (i) the
quantity of such fuel used by the city; (ii) emissions reductions achieved
through the use of such fuel; and (iii) all waivers, findings, and renewals of
such findings, issued pursuant to subdivision b of this section, which, for
each waiver, shall include, but not be limited to, the quantity of the
applicable bioheating fuel required by subdivision a of this section needed by
the agency; specific information concerning the availability of such bioheating
fuel; and detailed information concerning the agency’s efforts to obtain such
fuel.
d. No later than May 1, 2008, the
director, in coordination with the director of the office of long-term planning
and sustainability, shall complete a list of standards applicable to biodiesel
that is produced in a sustainable manner and direct that the biodiesel
contained in the bioheating fuel that is purchased pursuant to subdivision a of
section 6-317 of this subchapter and that is delivered pursuant to subdivision
b of section 20-673.4 of this code meet such standards. Such list shall be reviewed every six months
and revised, as necessary.
e. Subdivision b of section 6-303
of this chapter shall not apply to this subchapter.
§6-318
Clean heating oil study. a. (1) No later than July 1, 2009, the
director, in coordination with the director of the office of long-term planning
and sustainability, shall publish and implement a plan for the testing and
evaluation of the use of heating oil that is bioheating fuel containing twenty
percent biodiesel and fifteen parts per million sulfur. Such plan shall be submitted to the mayor and
the speaker of the council within five days of its publication and shall
include, but not be limited to, an
assessment of the technical feasibility of using such fuel in different heating
systems, including in residential and commercial buildings.
(2) No
later than January 1, 2011, the director, in coordination with the director of
the office of long-term planning and sustainability, shall make a determination
regarding the feasibility of using such bioheating fuel in different heating
systems, based on the study conducted pursuant to paragraph one of this
subdivision, and shall submit a report detailing the results of such study and
the bases for such determination to the mayor and the speaker of the council. Such report shall include, but not be limited
to, an explanation of the process, criteria and specific analyses used for such
study.
(3) If the director, in coordination with the director of the office of long-term planning and sustainability, makes a determination, pursuant to paragraph two of this subdivision, that the use of heating oil that is bioheating fuel containing twenty percent biodiesel and fifteen parts per million sulfur is not technically feasible, the director, in coordination with the director of the office of long-term planning and sustainability, shall be authorized to waive, in whole or in part, the provisions of paragraph two of subdivision a of section 6-317 of this subchapter and paragraph three of subdivision b of section 20-673.4 of this code. Where any such waiver is issued, the director, in coordination with the director of the office of long-term planning and sustainability, shall review such waiver and the determination on which it is based every six months and shall rescind or amend such waiver so as to fully implement the requirements of paragraph two of subdivision a of section 6-317 of this subchapter and paragraph three of subdivision b of section 20-673.4 of this code at the earliest date. The director, in coordination with the director of the office of long-term planning and sustainability, shall submit a report regarding the details of each review and determination to the mayor and the speaker of the council no later than five days after the completion of such review and determination.
b. No later than
January 1, 2008, a clean heating oil technical advisory committee shall be
established, which shall provide advice and recommendations to the director and
the director of the office of long-term planning and sustainability regarding
the development and implementation of the study required pursuant to
subdivision a of this section and the list of standards completed pursuant to
subdivision d of section 6-317 of this subchapter. Such advisory committee shall be comprised of
seven members, three of whom shall be appointed by the speaker of the council
and four of whom shall be appointed by the mayor. The members, who shall serve without
compensation, shall have technical, scientific or other relevant experience
regarding the procurement or use of biodiesel or ultra low sulfur diesel
fuel. A chairperson shall be elected
from amongst the members. Members shall
serve at the pleasure of the appointing official and any vacancy shall be
filled in the same manner as the original appointment. The advisory committee shall serve until July
1, 2011, after which time such committee shall cease to exist. The director and the director of the office
of long-term planning and sustainability may provide staff to assist the
advisory committee.
§6-319 Clean heating oil promotion strategy. No later than January 1, 2009, the director, in coordination with the director of the office of long-term planning and sustainability, shall develop a strategy to promote the use of biodiesel and ultra low sulfur diesel fuel for heating purposes in New York city, which shall include, but not be limited to (i) an assessment of possible financial and non-financial incentives that could be provided by the city, and (ii) an education campaign for consumers regarding such fuels. No later than ten days after its completion, such strategy shall be submitted to the mayor and the speaker of the council and posted on the city’s website.
§3. Subchapter 5 of
chapter 4 of title 20 of the administrative code of the city of New York is
amended by adding a new section 20-673.4 to read as follows:
§ 20–673.4 Sale of clean heating oil. a. Definitions. For
purposes of this section only, the following terms shall have the following
meanings:
1.
“Biodiesel” shall mean a fuel produced in a
sustainable manner comprised
exclusively
of mono-alkyl esters of long chain fatty acids derived from vegetable oils or
animal fats, designated B100 (pure biodiesel), and meeting the specifications
of the American Society of Testing and Materials designation D 6751.
2.
“Bioheating fuel” shall mean a fuel comprised of
biodiesel blended with conventional
heating
oil, which meets the specifications of the American Society of Testing and
Materials designation D 396 or D 975.
3.
“Heating oil” shall mean oil manufactured for the
purpose of use as fuel for
combustion
in a heating system.
4.
“Heating system” shall mean a system that generates
heat and distributes it within a
building.
5. “Ultra low sulfur diesel fuel”
shall mean diesel fuel that has a sulfur content of no more than fifteen parts
per million.
b. (1) No
later than September 1, 2009, any person who delivers heating oil for use in
buildings in New York city shall ensure that such heating oil is bioheating
fuel containing not less than five percent biodiesel and not more than five
hundred parts per million sulfur.
(2) No
later than July 1, 2011, any person who delivers heating oil for use in
buildings in New York city shall ensure that such heating oil is bioheating
fuel containing not less than ten percent biodiesel and not more than five
hundred parts per million sulfur.
(3) No
later than July 1, 2013, any person who delivers heating oil for use in
buildings in New York city shall ensure that such heating oil is bioheating
fuel containing not less than twenty percent biodiesel and not more than
fifteen parts per million sulfur.
c. The director of environmental purchasing, in coordination with the director of the office of long-term planning and sustainability, may issue a waiver of the biodiesel percentage or sulfur concentration requirements of paragraph one, paragraph two or paragraph three of subdivision b of this section where such directors jointly make a written finding that a sufficient quantity of bioheating fuel containing the applicable biodiesel percentage or sulfur concentration is not available to meet such requirements. Any waiver issued pursuant to this subdivision shall expire after three months, unless the director of environmental purchasing and the director of the office of long-term planning and sustainability jointly approve such renewal, in writing.
d. The requirements of paragraph three of subdivision b of this section shall not apply to the extent of any waiver in effect pursuant to paragraph three of subdivision a of section 6-318 of this code.
§4.
Subdivision b of section 20-674 of subchapter 5 of chapter 4 of title 20
of the administrative code of the city of New York is amended to read as
follows:
b.
Any person who violates the provisions of section 20-673.1 or section 20-673.4
of this subchapter or any rules or regulations promulgated thereunder shall be
liable for a civil penalty of not less than five hundred dollars nor more than
ten thousand dollars.
§5.
If any section, subdivision, sentence, clause, phrase or other portion of
this local law is, for any reason, declared unconstitutional or invalid, in
whole or in part, by any court of competent jurisdiction such portion shall be
deemed severable, and such unconstitutionality or invalidity shall not affect
the validity of the remaining portions of this law, which remaining portions
shall continue in full force and effect.
§6. This local law shall take
effect immediately upon its enactment.
DD LS # 1099
6/19/07 9:30
p.m.