BILL NUMBER: S4046
SPONSOR: HARCKHAM
 
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:
Section 1 amends the environmental conservation law by adding a new
section 19-0330 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.
Section 2 states the effective date.
 
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 less than 2.5 microns in diameter, it is
easily inhaled.
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 asth-
ma, bronchitis, cancer, heart disease, and pneumonia.
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 2026, 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:
2021-2022: S2937 - Passed Senate
2019-2020: S562 - Died in Environmental Conservation
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
Minimal.
 
EFFECTIVE DATE:
This act shall take effect immediately.