BILL NUMBER: S2937

SPONSOR: KAMINSKY
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
prohibiting the use of fuel oil, grade number four in any building or
facility in the state

 
PURPOSE OR GENERAL IDEA OF BILL:

To phase out the use of grade 4 heating oil fuel in all buildings in the
State.

 
SUMMARY OF PROVISIONS:

The Environmental Conservation Law is amended by adding a new section
19-0329 to completely phase out the use of fuel Grade 4 in any building
Or facility in the State, but makes clear that nothing in this act shall
preempt a municipality from adopting a more stringent law.

              

 
JUSTIFICATION:

Harmful pollutants are released into the air when fuel oil grade number
4 is used to heat buildings. Fuel number 4 contains high concentrations
contaminants, such as polycyclic aromatic hydrocarbons (PAHs), heavy
metals, nitric oxide, sulfur dioxide, nickel, and black carbon. PAHs are
proven human carcinogens and sulfur dioxide and nitric oxide are known
respiratory irritants. Studies show combustion of heating fuel 4 forms
soot that is composed of a complex mix of toxic pollutants. Soot is a
black, carbonaceous substance produced during incomplete combustion of
these oils; it is conveyed into the atmosphere creating a source of air
pollution and contributing to respiratory illness. Because soot is made
of fine airborne particles less than 2.5 microns in diameter, it is
easily inhaled. The toxic soot can penetrate deep into the lungs, cross
the bloodstream, and get into organs, causing a multitude of health
problems for people of all ages. Infants, children, and the elderly are
particularly vulnerable to diseases caused by air pollution, including
but not limited to asthma, bronchitis, cancer, heart disease, and pneu-
monia.

In 2011, New York City required their buildings to change over to a
cleaner fuel oil and Westchester County has already passed a local law
phasing out all use of both fuels by 2020. This bill would prohibit the
use of fuel oil grade number 4 in any building or facility in the State.
A building or facility refers to stationary structures. The prohibition
would be phased in by the year 2025, which is enough time to accomplish
this important environmental change especially in light of the fact that
counties and localities are taking it upon themselves to enact this
change in an even more expedited manner.

 
PRIOR LEGISLATIVE HISTORY:

2020: S562 (Kaminsky) refereed to Environmental Conservation.
2019: S562 (Kaminsky) refereed to Environmental Conservation.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

Minimal.
 
EFFECTIVE DATE:
This act shall take effect immediately.