Assembly Bill A9253

                                BILL NUMBER:A9253

TITLE OF BILL:  An act to amend the administrative code of the city of
New York, in relation to prohibiting the use of fuel oil grades no. 4
and 6 for the heating of any residential building

PURPOSE OR GENERAL IDEA OF BILL:  This bill would prohibit the use of
grade 4 and grade 6 fuel oil in residential buildings in New York
City, thus contributing to cleaner air in New York City.

SUMMARY OF SPECIFIC PROVISIONS:  Section one of the bill adds a new
section 24-177-a to the New York City Administrative Code. That new
section would prohibit the use of grade 4 and grade 6 fuel oil to heat
any residential building.

Section two provides for an effective date 365 days after the bill
becomes law, to permit a transition period.

JUSTIFICATION:

This bill is intended to reduce harmful emissions associated with the
use of residual fuel oils to heat buildings, thus helping to protect
the health of New York City residents. Fuel oils used to heat
buildings emit significantly more toxic emissions than vehicles do,
and therefore they contribute more harmful air pollution in New York
City. The emissions from fuel used to heat residential buildings
              

affect people living in those buildings and in the surrounding
community. Recent studies demonstrate that higher levels of specific
toxic emissions have seasonal and regional variations within New York
City that suggest a connection to the use of residual fuel oils for
heating buildings; those emissions are also linked to increased
mortality rates. See Peltier & Lippmann, "Residual Oil Combustion: 2.
Distributions of Airborne Nickel and Vanadium Within New York
City,"Journal of Exposure Science And Environmental
Epidemiology(e-publication date May 13, 2009,
www.ncbi.nlm.nih.qov/pubmed/19440185), and prior articles cited
therein.

Fuel oils used for heating in New York include both distillate and
residual fuel oils. Distillate fuel oils are typically liquids that
can be easily burned. Residual fuel oils are byproducts of refined
crude oil and are highly viscous, requiring special treatment before
being burned. Heating oil sold for use in buildings is classified into
different types, numbered one to six, based on boiling temperature,
composition and purpose. The higher number grades are heavier, more
viscous, and emit more pollutants than the lighter grades when burned.
The three grades commonly used for heating buildings are grades 2, 4
and 6. Grade 6 is the heaviest and is a residual fuel oil. Grade 2 is
a distillate fuel oil. Grade 4 is a blend of
 2 and
 6. In order to burn properly, grade 6 oil requires heated storage and
pre-heating before use. When improperly stored and heated, it may give
off visible smoke with a high level of particulate emissions that
contain relatively high concentrations of nickel and vanadium,
elements that have been significantly associated with cardiopulmonary
diseases. Increases in the mass concentration of non-specific


particulate matter in the ambient air are associated with increases in
mortality.

Nickel concentrations are higher in New York City than in New Jersey
or Connecticut, and within New York City are higher in Manhattan and
the Bronx than the other boroughs, and are also higher in winter than
in summer. NYC is also unusual in the US for its use of substantial
amounts of residual fuel oil for space heating, and within NYC the
highest density of large fuel tanks containing residual fuel (grades 4
and 6) is in the geographic areas with the highest winter
concentrations of nickel. This suggests that the use of residual fuel
oils to heat large apartment buildings contributes significant toxic
emissions to the air in NYC. This bill, by banning grades 4 and 6 oil
for use in residential buildings, will help protect the health of New
York City residents.

PRIOR LEGISLATIVE HISTORY:  A similar, but not identical, bill was
introduced as A.11399 in 2008.

FISCAL IMPLICATIONS:  None to the state.

EFFECTIVE DATE:  This act shall take effect 365 days after it shall
have become a law.