New York 2025-2026 Regular Session

New York Senate Bill S02411

Introduced
1/17/25  
Refer
1/17/25  
Refer
1/7/26  
Engrossed
3/18/26  

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

S02411 amends New York’s Environmental Conservation Law to revise the state’s bioheating fuel program. The bill broadens the definition of acceptable biofuel for heating oil to include certain high-blend biodiesel products and renewable hydrocarbon diesel products, including B100/B99 and R100/R99 fuels, so long as they meet specified ASTM standards. It also updates terminology throughout the section from “biodiesel” to “biofuel” and clarifies that the commissioner may recognize additional feedstocks and specifications by rule. The bill maintains and expands the statewide heating oil blending mandate. It preserves the existing requirement that heating oil sold in certain downstate counties contain at least 5 percent biofuel, keeps the statewide 5 percent requirement, and then increases the statewide minimum to 10 percent beginning July 1, 2025 and 20 percent beginning July 1, 2030. Kerosene is excluded from the minimum content requirements. The bill also preserves the governor’s authority to temporarily suspend the mandate by executive order if supply is inadequate or compliance would create financial hardship for consumers. The bill’s impact on state law is to strengthen and modernize New York’s renewable heating fuel standards while giving the market more compliance options. It affects heating oil sellers, fuel distributors, building owners, and consumers statewide, and it continues to allow New York City to maintain local blend requirements that are at least as strict as the state standard. It also adds a warranty protection provision requiring providers not to sell bioheating fuel that would void a burner or boiler warranty unless they provide written warranty coverage. The general sentiment reflected in the voting history is strongly supportive. The bill passed the Senate Environmental Conservation Committee unanimously in two recorded votes and later passed the Senate floor unanimously, indicating broad bipartisan or at least noncontroversial support. No committee transcripts were provided, so there is no recorded debate to suggest significant opposition in the available materials. The main points of potential contention are practical rather than ideological: fuel supply availability, consumer cost, equipment compatibility, and whether higher blend mandates can be met without hardship. Those concerns are addressed in the bill through the governor’s suspension authority and the warranty coverage requirement. Another possible issue is the expansion of acceptable fuel types and feedstocks, which may be welcomed by renewable fuel advocates but could raise implementation questions for fuel suppliers and heating equipment owners.

Impact

The bill amends Environmental Conservation Law section 19-0327 to expand the definition of bioheating fuel, authorize additional renewable fuel types and feedstocks, and increase statewide minimum biofuel blending requirements for heating oil from 5 percent to 10 percent in 2025 and 20 percent in 2030. It affects heating oil sales for buildings statewide, preserves local authority for New York City to maintain equal-or-greater blend mandates, excludes kerosene, and requires written warranty coverage if a bioheating fuel sale would otherwise void burner or boiler warranties.

Sentiment

The available voting record shows unanimous support at the Senate Environmental Conservation Committee level and unanimous final passage on the Senate floor. With no committee transcripts provided, the record suggests the bill was broadly accepted and not politically contentious in the chamber, at least as reflected by the votes.

Contention

The likely areas of contention are implementation and cost: whether sufficient biofuel supply exists, whether higher blend requirements could raise consumer heating costs, and whether certain burners or boilers can safely use the fuels without voiding warranties. The bill addresses these concerns by allowing the governor to suspend the mandate for supply shortages or financial hardship and by requiring providers to backstop warranty coverage in writing when needed. Supporters are likely renewable energy and environmental advocates, while concerns would most likely come from fuel suppliers, equipment owners, and consumer cost advocates.

Companion Bills

NY A03784

Same As 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.

NY A09677

Same As 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.

Previously Filed As

NY A09677

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.

NY A03784

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.

NY S07512

Requires heating oil sold for use in any building in the state to be bioheating fuel that contains minimum percentages of biodiesel and/or renewable hydrocarbon diesel.

NY HB2161

Providing an income tax credit for the sale and distribution of biodiesel and renewable diesel blends for motor vehicle fuels.

NY SB2376

Relating To The Renewable Fuels Production Tax Credit.

NY HB976

Relating To Renewable Fuel.

NY HB976

Relating To Renewable Fuel.

NY HB1695

Relating To Renewable Fuel.

NY SB2403

Relating To Renewable Fuel.

NY S09544

Modifies the biofuel production credit from ethanol to renewable diesel and renewable hydrocarbon diesel.

Similar Bills

HI HB2423

Relating To Biodiesel.

HI SB2255

Relating To Biodiesel.

CT SB01291

An Act Concerning Grants For Qualified Renewable Diesel Producers And Distributors.

IN SB0254

Biofuel tax credits.

IN HB1127

Biofuel tax credits.

MI HB4721

Transportation: motor fuel tax; incentives for the sale and production of biodiesel; provide for. Amends 1967 PA 281 (MCL 206.1 - 206.847) by adding sec. 679.

MI HB4722

Transportation: motor fuel tax; incentives for the sale and production of biodiesel; provide for. Amends 1967 PA 281 (MCL 206.1 - 206.847) by adding sec. 279.

IA SF2503

A bill for an act modifying the sales or use tax refund for biodiesel production, and including retroactive applicability provisions.(Formerly SF 2275, SSB 3102.)