Bioheat advocates assure New York state enough fuel supply exists to meet mandate

In New York state, recently Clean Fuels Alliance America, the Empire State Energy Association, and the New York State Energy Coalition sent a joint letter to the New York State Department of Environmental Conservation (DEC) Deputy Commissioner Thomas Berkman assuring him that ample supply exists to meet the state’s Bioheat fuel mandate, which was due to take effect on July 1. The letter was sent in response to DEC’s decision on June 30 to suspend enforcement of the mandate for a year due to supply chain issues delaying infrastructure equipment retrofits at some fuel terminals in Upstate New York.

Last year, with the support of the New York State Department of Environmental Conservation, New York Governor Kathy Hochul signed bill S.3321-A/A.7290 into law on December 20, 2021, making “statewide heating consumption less harmful to the environment by establishing minimum levels of biodiesel in all heating oil for use in any building in the state.”

The bill is widely supported by Clean Fuels Alliance America and the home heating oil industry as part of a commitment to reduce greenhouse gas emissions from liquid heating fuels and is an important step in achieving New York State’s goals outlined in the Climate Leadership and Community Protection Act. The bill put into place a 5% Bioheat fuel mandate (B5) that was set to begin across the state of New York on July 1, 2022, and increases to B10 blends effective in 2025 and B20 blends by 2030.

However, while the B5 mandate remains law and in effect in New York City and Nassau, Suffolk and Westchester counties (accounting for 70% of the state’s heating oil market by volume), the Enforcement Discretion issued by the New York State DEC has delayed the 5% bioheating fuel mandate in parts of upstate New York for another year.