NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4801A
SPONSOR: Paulin 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
9-0329 to completely phase out the use of fuel Grade 4 in any building
or facility in the State by 2028, 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
of 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, it is easily inhaled. The toxic soot can
penetrate deep into the lungs, cross the blood stream, 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 pneumonia.
In 2011, New York City required their buildings to change over to clean-
er fuel oil and Westchester county has already passed a local law phas-
ing 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 2026, which is enough time to accomplish
this important environmental change especially in light of the fact that
many counties and localities are taking it upon themselves to enact this
change in an even more expedited manner.
PRIOR LEGISLATIVE HISTORY:
2021 and 2022: A.5043, referred to Environmental Conservation.
2019 and 2020: A.1927: referred to Environmental Conservation
2018: A.11311, referred to Environmental Conservation.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
Minimal.
EFFECTIVE DATE:
This act Shall take effect immediately
STATE OF NEW YORK
________________________________________________________________________
4801--A
2023-2024 Regular Sessions
IN ASSEMBLY
February 23, 2023
___________
Introduced by M. of A. PAULIN, L. ROSENTHAL -- read once and referred to
the Committee on Environmental Conservation -- recommitted to the
Committee on Environmental Conservation in accordance with Assembly
Rule 3, sec. 2 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
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
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The environmental conservation law is amended by adding a
2 new section 19-0330 to read as follows:
3 § 19-0330. Certain fuel oil; prohibited.
4 1. On and after July first, two thousand twenty-eight, no fuel oil,
5 grade number four, as classified by American Society for Testing Materi-
6 als Standard D396-15c, shall be used in any building or facility in the
7 state.
8 2. Nothing in this section shall prevent a municipality from adopting
9 a law, code, ordinance or regulation which is more stringent than the
10 requirements of this section.
11 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03191-04-4
