2023 Connecticut General Statutes
Title 16a - Planning and Energy Policy
Chapter 296 - Operation of Fuel Supply Business
Section 16a-21b. - Low-carbon fuel blend requirement for heating oil. Restriction on effective dates of provisions. Standards. Temporary waiver of requirements. Regulations.
(a) For purposes of this section:
(1) “Heating oil” means heating fuel that meets the American Society of Testing Materials or “ASTM” standard D396 or the “ASTM” standard D6751;
(2) “Low-carbon fuel blend” means a fuel meeting the standards for advanced biofuels under the federal Renewable Fuel Standard Program, requiring a fifty per cent reduction in lifecycle greenhouse gas emissions, including, but not limited to, qualifying biodiesel meeting the most recent version of ASTM International designation D6751; and
(3) “Sold” means the wholesale sale made to a retailer or the retail sale made to an end-user consumer.
(b) Subject to the provisions of subsection (d) of this section, (1) not later than July 1, 2022, all heating oil sold in this state shall be a low-carbon fuel blend containing not less than five per cent biodiesel, (2) not later than July 1, 2025, all heating oil sold in this state shall be a low-carbon fuel blend containing not less than ten per cent biodiesel, (3) not later than July 1, 2030, all heating oil sold in this state shall be a low-carbon fuel blend containing not less than fifteen per cent biodiesel, (4) not later than July 1, 2034, all heating oil sold in this state shall be a low-carbon fuel blend containing not less than twenty per cent biodiesel, and (5) not later than July 1, 2035, all heating oil sold in this state shall be a low-carbon fuel blend containing not less than fifty per cent biodiesel.
(c) Unless the Commissioner of Energy and Environmental Protection waives the requirements of subsection (b) of this section pursuant to subsection (d) of this section, any low-carbon fuel blended with heating oil shall be produced in accordance with industry-accepted quality control standards. A certificate of analysis that verifies conformity with the critical specifications of designation D6751 of ASTM International, as defined by the National Biodiesel Accreditation Program, or other applicable ASTM specification for low-carbon fuel blends, shall be provided by the marketers or producers of any such low-carbon fuel prior to the blending of such low-carbon fuel with heating oil.
(d) The Commissioner of Energy and Environmental Protection may temporarily waive the requirements of subsection (b) of this section if the commissioner determines that, at any time, such requirements (1) are not feasible due to a lack of adequate supply of biodiesel, or (2) would result in a financial hardship to consumers.
(e) Not later than July 1, 2022, the Commissioner of Energy and Environmental Protection may adopt regulations, in accordance with chapter 54, concerning the requirement of retailers of heating oil to disclose the percentage of low-carbon fuel blend contained in the home heating oil delivered to consumers or an approximate range of such percentage.
(P.A. 10-74, S. 2; P.A. 11-59, S. 3; P.A. 21-181, S. 1.)
History: P.A. 11-59 made a technical change in Subsec. (g), effective July 1, 2011; P.A. 21-181 amended Subsec. (a) by replacing definition of “biodiesel blend” with definition of “low-carbon fuel blend” in Subdiv. (2) and deleting former Subdivs. (4) and (5) re definitions of “commissioner” and “sufficient in-state production of biodiesel”, amended Subsec. (b) by deleting former Subdiv. (2) re contingent effective date, substantially revising provisions re standards and timeframes for heating oil sold in the state, and making conforming changes, amended Subsec. (c) by adding “or other applicable ASTM specification for low-carbon fuel blends,”, deleting provision re verification of biodiesel conformity, and making technical and conforming changes, deleted former Subsecs. (d) to (g) re determination of in-state biodiesel production sufficiency, Distillate Advisory Board, temporary waivers and annual report, respectively, added new Subsec. (d) re Commissioner of Energy and Environmental Protection's authority to waive requirements, and added new Subsec. (e) re discretionary adoption of regulations, effective July 1, 2021.
