Assembly Bill A11639

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  11639

                          I N  A S S E M B L Y

                              July 6, 2010
                               ___________

Introduced  by  COMMITTEE  ON  RULES -- (at request of M. of A. Koon) --
  read once and referred to the Committee on Environmental Conservation

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  requiring a reduction in sulfur for all heating oil used in the state

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The environmental conservation law is amended by  adding  a
new section 19-0325 to read as follows:
S 19-0325. SULFUR REDUCTION REQUIREMENTS.
  1. ON OR AFTER JULY FIRST, TWO THOUSAND FOURTEEN, ALL NUMBER TWO HEAT-
ING  OIL  SOLD FOR USE IN RESIDENTIAL, COMMERCIAL, OR INDUSTRIAL HEATING
WITHIN THE STATE SHALL NOT HAVE  A  SULFUR  CONTENT  GREATER  THAN  FIVE
HUNDRED PARTS PER MILLION.
  2.  A.  THE COMMISSIONER, IN CONSULTATION WITH THE DIRECTOR OF THE NEW
YORK ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, SHALL UNDERTAKE A  STUDY
REGARDING  THE  NEED  AND  COST-EFFECTIVENESS OF IMPLEMENTING ADDITIONAL
REDUCTIONS IN THE SULFUR CONTENT OF NUMBER TWO HEATING OIL SOLD  IN  THE
STATE.
  B.  SUCH  STUDY  SHALL  CONSIDER, BUT NOT BE LIMITED TO, THE FOLLOWING
FACTORS:
  (I) THE ENVIRONMENTAL IMPACT OF REDUCING THE SULFUR CONTENT OF  NUMBER
TWO HEATING OIL TO FIVE HUNDRED PARTS PER MILLION;
  (II) THE ENVIRONMENTAL BENEFITS OF ADDITIONAL REDUCTIONS IN THE SULFUR
CONTENT OF NUMBER TWO HEATING OIL;
  (III)  DETERMINATION  OF SULFUR LEVELS THAT MAY FURTHER ENABLE CONVER-
SION TO ADVANCED HEATING TECHNOLOGIES;
  (IV) PROJECTED CONVERSION RATES TO ADVANCED HEATING EQUIPMENT AND  THE
ASSOCIATED  EMISSIONS  REDUCTIONS  AND  ENERGY  EFFICIENCY GAINS DERIVED
THEREFROM;
  (V) POLICIES TO ACCELERATE CONVERSION TO ADVANCED HEATING SYSTEMS;
  (VI) SUPPLY AND INFRASTRUCTURE CAPABILITY FROM  DOMESTIC  AND  FOREIGN
SOURCES; AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD16961-06-0

              

A. 11639                            2

  (VII)  A  PROPOSED  IMPLEMENTATION  DATE  FOR  FURTHER  SULFUR CONTENT
REDUCTION, IF RECOMMENDED, THAT DOES  NOT  DISRUPT  OTHERWISE  ADEQUATE,
RELIABLE AND AFFORDABLE HEATING OIL SUPPLIES.
  C.  THE  STUDY  AND  ITS FINDINGS SHALL BE COMPLETED NO LATER THAN THE
FIRST DAY OF JANUARY, TWO THOUSAND FOURTEEN AND NO SOONER THAN THE FIRST
DAY OF JUNE, TWO THOUSAND THIRTEEN.
  D. THE COMMISSIONER SHALL REPORT THE FINDINGS  TO  THE  GOVERNOR,  THE
TEMPORARY  PRESIDENT  AND MINORITY LEADER OF THE SENATE, THE SPEAKER AND
MINORITY LEADER OF THE ASSEMBLY, AND THE CHAIRS OF THE STANDING  COMMIT-
TEES ON ENVIRONMENTAL CONSERVATION IN EACH SUCH CHAMBER.
  3.  THE  GOVERNOR  MAY,  BY  ISSUING  AN  EXECUTIVE ORDER, TEMPORARILY
SUSPEND THE APPLICABILITY OF THIS SECTION  AT  ANY  TIME  BASED  ON  THE
GOVERNOR'S DETERMINATION, AFTER CONSULTING WITH THE NEW YORK STATE ENER-
GY  RESEARCH  AND DEVELOPMENT AUTHORITY, THAT MEETING THE REQUIREMENT OF
SUBDIVISION ONE OF THIS SECTION IS NOT FEASIBLE DUE TO LACK OF  ADEQUATE
SUPPLY OF THE REQUIRED FUEL.
  S 2. This act shall take effect immediately.