New York Assembly Bill A09677

New York 2025-2026 Regular Session

• Introduced: 1/21/26
• Refer: 1/21/26

Caption

Relates to bioheating fuel requirements; allows B100 or B99 biofuel and R100 or R99 renewable fuel to be used to blend with or replace fossil heating oil in order to create bioheating fuel.

Summary

This bill amends New York’s Environmental Conservation Law section on bioheating fuel requirements to broaden the types of renewable fuels that can qualify for use in heating oil blends. It replaces references to “biodiesel” with the broader term “biofuel” and expressly allows B100 or B99 biodiesel, as well as R100 or R99 renewable hydrocarbon diesel produced from hydroprocessing renewable biomass feedstocks, to be used in bioheating fuel. The bill also updates technical fuel specifications and definitions, including feedstock and ASTM references, to align the law with these expanded fuel categories. The bill preserves the existing statewide phase-in schedule for heating oil sold for use in buildings: at least 5% biofuel content statewide, rising to 10% in 2025 and 20% in 2030. It continues the exemption for kerosene and keeps the governor’s authority to temporarily suspend the mandate if supply shortages or consumer hardship make compliance infeasible. It also maintains the rule that the law does not prohibit higher blends or 100% biofuel, and it preserves the ability of New York City to impose equal or stricter biofuel blend requirements. In practical terms, the bill would expand the market for renewable heating fuels and potentially increase compliance options for fuel suppliers, while leaving the overall mandate structure intact. It would affect fuel distributors, heating oil providers, building owners, and consumers who use heating oil for space and water heating, as well as state regulators responsible for implementing fuel standards. The general sentiment reflected by the bill text is supportive of renewable heating fuel adoption and modernization of the statutory definitions to include additional low-carbon fuel pathways. Because there are no committee transcripts or recorded votes provided, there is no direct evidence of opposition or debate in the supplied materials. The bill’s structure suggests a policy emphasis on flexibility and decarbonization rather than a major change in the required blend percentages. Potential points of contention would likely center on fuel availability, cost, consumer heating equipment compatibility, and whether expanded definitions of biofuel and renewable hydrocarbon diesel are sufficiently clear for enforcement. The warranty protection provision indicates concern about burner and boiler performance, and the governor’s suspension authority suggests lawmakers anticipated possible supply or affordability issues.

Impact

The bill would amend Environmental Conservation Law section 19-0327 by expanding the legal definition of bioheating fuel to include broader categories of biofuel and renewable hydrocarbon diesel, while updating related definitions and ASTM references. It would not change the statewide blend targets or the kerosene exemption, but it would give fuel suppliers more compliance pathways and preserve local authority for New York City to require equal or greater biofuel blends. It also retains consumer warranty protections for heating equipment and the governor’s emergency suspension authority.

Sentiment

No committee discussion or vote history was provided, so there is no recorded public sentiment in the supplied materials. Based on the bill text, the measure appears generally pro-renewable-energy and pro-market-flexibility, with an emphasis on expanding acceptable heating fuel options rather than imposing new mandates. The absence of recorded opposition or amendments suggests no documented controversy in the provided record.

Contention

The main likely points of contention are practical rather than ideological: whether sufficient supply exists for B100, B99, R100, and R99 fuels; whether these fuels will raise costs for consumers; and whether heating systems and warranties can accommodate the broader fuel mix. Fuel providers and equipment owners may be concerned about compliance costs and liability, while environmental advocates would likely focus on the bill’s role in reducing fossil heating oil use. The governor’s ability to suspend the mandate for supply shortages or hardship indicates lawmakers anticipated these concerns.