NY State Senate Bill 2009-S1145

Archive: Last Bill Status Via A8642 - On Floor Calendar

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 23, 2010	substituted by s1145c
Jun 17, 2010	amended on third reading 8642a
Jun 17, 2010	vote reconsidered - restored to third reading returned to assembly recalled from senate
Feb 09, 2010	referred to environmental conservation delivered to senate passed assembly
Jan 06, 2010	ordered to third reading cal.615 returned to assembly died in senate
Sep 10, 2009	recommitted to rules restored to third reading
Jul 16, 2009	recommitted to rules 3rd reading cal.899 substituted for s1145a
Jul 15, 2010	signed chap.203
Jul 08, 2010	delivered to governor
Jun 23, 2010	returned to senate passed assembly ordered to third reading cal.615 substituted for a8642a
Jun 17, 2010	referred to environmental conservation delivered to assembly passed senate motion to amend lost
Feb 22, 2010	amended on third reading 1145c
Jan 26, 2010	advanced to third reading
Jan 25, 2010	2nd report cal.
Jan 20, 2010	1st report cal.28
Jan 19, 2010	amended by restoring to previous print 1145a
Jan 08, 2010	amend and recommit to environmental conservation
Jan 06, 2010	referred to environmental conservation
Jul 16, 2009	substituted by a8642 ordered to third reading cal.899 committee discharged and committed to rules
Jun 08, 2009	print number 1145a
Jan 08, 2010	print number 1145b
Jun 08, 2009	amend (t) and recommit to codes
Feb 24, 2009	reported and committed to codes
Jan 26, 2009	referred to environmental conservation

Votes

- Jun 17, 2010 - Floor Vote
  S1145
  
  32
  
  Aye
  
  29
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 17, 2010
      
      aye (32)
      
      Adams
      
      Addabbo Jr.
      
      Aubertine
      
      Breslin
      
      Diaz
      
      Dilan
      
      Duane
      
      Espada
      
      Foley
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Klein
      
      Krueger
      
      Kruger
      
      Montgomery
      
      Onorato
      
      Oppenheimer
      
      Parker
      
      Peralta
      
      Perkins
      
      Sampson
      
      Savino
      
      Schneiderman
      
      Serrano
      
      Smith
      
      Squadron
      
      Stachowski
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      nay (29)
      
      Alesi
      
      Bonacic
      
      DeFrancisco
      
      Farley
      
      Flanagan
      
      Fuschillo
      
      Golden
      
      Griffo
      
      Hannon
      
      Johnson
      
      LaValle
      
      Lanza
      
      Larkin
      
      Leibell
      
      Libous
      
      Little
      
      Marcellino
      
      Maziarz
      
      McDonald
      
      Nozzolio
      
      Padavan
      
      Ranzenhofer
      
      Robach
      
      Saland
      
      Seward
      
      Skelos
      
      Volker
      
      Winner
      
      Young
      
      excused (1)
      
      Morahan
  Sep 10, 2009 - Rules Committee Vote
  A8642
  
  13
  
  Aye
  
  3
  
  Nay
  
  8
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Sep 10, 2009
      
      aye (13)
      
      Dilan
      
      Duane
      
      Espada
      
      Hassell-Thompson
      
      Klein
      
      Krueger
      
      LaValle
      
      Monserrate
      
      Montgomery
      
      Parker
      
      Serrano
      
      Smith
      
      Stewart-Cousins
      
      nay (3)
      
      Farley
      
      Johnson
      
      Volker
      
      aye wr (8)
      
      Hannon
      
      Larkin
      
      Padavan
      
      Saland
      
      Seward
      
      Skelos
      
      Stachowski
      
      Valesky
  Jul 16, 2009 - Rules Committee Vote
  S1145
  
  19
  
  Aye
  
  0
  
  Nay
  
  4
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jul 16, 2009
      
      aye (19)
      
      Dilan
      
      Duane
      
      Espada
      
      Farley
      
      Hassell-Thompson
      
      Klein
      
      Krueger
      
      LaValle
      
      Larkin
      
      Monserrate
      
      Montgomery
      
      Padavan
      
      Parker
      
      Serrano
      
      Smith
      
      Stachowski
      
      Stewart-Cousins
      
      Valesky
      
      Volker
      
      aye wr (4)
      
      Hannon
      
      Saland
      
      Seward
      
      Skelos
      
      excused (1)
      
      Johnson
  Jan 20, 2010 - Environmental Conservation Committee Vote
  S1145
  
  11
  
  Aye
  
  1
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Environmental Conservation Committee Vote: Jan 20, 2010
      
      aye (11)
      
      Foley
      
      Leibell
      
      Marcellino
      
      Oppenheimer
      
      Padavan
      
      Parker
      
      Perkins
      
      Schneiderman
      
      Serrano
      
      Stewart-Cousins
      
      Thompson
      
      nay (1)
      
      Little
      
      aye wr (2)
      
      Johnson
      
      Young

Bill Amendments

Original

C (Active)

co-Sponsors

View additional co-sponsors

2009-S1145 - Details

See Assembly Version of this Bill:: A6896
Law Section:: Environmental Conservation Law
Laws Affected:: Add §19-0325, En Con L
Versions Introduced in 2011-2012 Legislative Session:: A951

2009-S1145 - Summary

Requires a reduction in sulfur emissions by 2012 for all heating oil used in the state and allows the governor to suspend such reduction if there is not an adequate supply of the required fuel.

2009-S1145 - Sponsor Memo

                                 BILL NUMBER:  S1145               REVISED 02/20/09

 TITLE OF BILL :

An act to amend the environmental conservation law, in relation to
requiring a reduction in sulfur for all heating oil used in
non-attainment areas


 PURPOSE :

This bill would require that all heating oil sold for use within the
State's non-attainment area, as defined in the federal clean air act,
to have a sulfur content of fifteen parts per million (ppm) or less.

 SUMMARY OF PROVISIONS :

Section 1: Adds a new Section 19-0318 to the Environmental
Conservation Law (ECL) to require that on or after January 1st, 2011,
all oil sold for use within a non-attainment area shall not have a
sulfur content greater than 15 ppm.

§2. Effective immediately.

 EXISTING LAW :

Currently, the ECL does not contain any restriction on the sulfur
content of home heating oil.

In New York, the following counties are in the "non-attainment area"
under the Federal Clean Air Act: Bronx, Kings, Nassau, New York,
Orange, Queens, Richmond, Rockland, Suffolk, and Westchester. The
Clean Air Act and Amendments of 1990 define a "nonattainment area" as
a locality where air pollution levels persistently exceed National
Ambient Air Quality Standards, or that contributes to ambient air
quality in a nearby area that fails to meet standards.

 JUSTIFICATION :

Home heating oil is essentially the same as diesel fuel, except there
are virtually no limits to the level of sulfur that can be in it. The
exhaust particles that form from the use of this fuel are known to
exacerbate allergies, trigger asthma attacks, decrease lung function,
cause heart attacks and shorten life expectancy.

Since it has such a high level of sulfur, combustion of home heating
oil makes it the second largest Source of sulfur dioxide emissions in
the state - only the power sector emits more. In fact, burning this
fuel causes nearly 42,000 tons of Sulfur Dioxide to be emitted each
year.

Compounding the problem is the rate at which New York State consumes
home heating oil. With 2.6 million households, New York leads the
nation in the amount of homes heated by oil. Most disturbingly, over
79~ of this consumption occurs in the New York Metropolitan region,
creating a localized pollution problem.

There is a direct relationship between sulfur in the fuel and levels
of Sulfur Dioxide emissions.  1. A shift from home heating oil with a
2% sulfur content to a fuel with .05% sulfur content translates to
approximately a 80% reduction in particulate matter. Going to the
level that diesel fuel will meet 0.0015% will virtually eliminate the
S02 emitted from the combustion of home heating fuel.

2. Furthermore, Ultra-low sulfur diesel has been shown to reduce
Nitrogen oxides by 20-30%.
3. Recognizing the significant health and economic benefits provided
by low sulfur home heating oil, steps should be taken to require its
use. Doing so will help ensure the safety and quality of the air New
Yorkers breath.

Fortunately, home heating oil can be put through the same refining
process that an increasing portion of diesel fuel undergoes.
According to the Consumer Energy Council of America, ultra-low sulfur
heating oil is approximately $.08 more expensive, per gallon, than
No.2 distillate. In March of this year, No.2 distillate was being sold
for $2.596 per gallon. This proposal will cost New York State
Homeowners roughly $60 more per year for home heating oil.

Using cleaner home heating oil, however, has significant economic
advantages. For example, boilers need to be serviced less frequently
and they have been shown to foul at least 50% less frequently. In
fact, the increased cost of the ultra-if cleaner home heating oil will
be at least partially off-set by the savings in cleaning costs.

 LEGISLATIVE HISTORY :

2008 Referred to Environmental Conservation (S.6104)
2007 Referred to Rules (S.6104)

 FISCAL IMPLICATIONS :

None.

 LOCAL FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
Immediately.

2009-S1145 - Bill Text download pdf

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

                                  1145

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 26, 2009
                               ___________

Introduced  by  Sens. PERKINS, ADAMS, DIAZ, DILAN, DUANE, HASSELL-THOMP-
  SON, HUNTLEY, C. JOHNSON, KRUEGER, ONORATO, PARKER,  SAMPSON,  SAVINO,
  SCHNEIDERMAN,  SERRANO,  STEWART-COUSINS,  THOMPSON  -- read twice and
  ordered printed, and when printed to be committed 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  non-at-
  tainment areas

  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 19-0318 to read as follows:
S 19-0318. SULFUR REDUCTION REQUIREMENTS.
  ON  OR  AFTER JANUARY FIRST, TWO THOUSAND ELEVEN, ALL HEATING OIL SOLD
FOR USE WITHIN A NON-ATTAINMENT AREA, AS SUCH AREA  IS  DEFINED  IN  THE
FEDERAL  CLEAN  AIR  ACT,  SHALL  NOT HAVE A SULFUR CONTENT GREATER THAN
FIFTEEN PARTS PER MILLION.
  S 2. This act shall take effect immediately.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05466-01-9

co-Sponsors

View additional co-sponsors

2009-S1145A - Details

See Assembly Version of this Bill:: A6896
Law Section:: Environmental Conservation Law
Laws Affected:: Add §19-0325, En Con L
Versions Introduced in 2011-2012 Legislative Session:: A951

2009-S1145A - Summary

Requires a reduction in sulfur emissions by 2012 for all heating oil used in the state and allows the governor to suspend such reduction if there is not an adequate supply of the required fuel.

2009-S1145A - Sponsor Memo

                                 BILL NUMBER:  S1145A              REVISED 02/18/10

 TITLE OF BILL :
An act to amend the environmental conservation law, in relation to
requiring a reduction in sulfur for all heating oil used in the state


 PURPOSE :
The purpose of this legislation is to limit the sulfur content in home
heating oil.

 SUMMARY OF PROVISIONS :
Section one limits the sulfur content in number two heating oil to no
greater than 15 parts per million beginning July 1, 2011.

Section two authorizes the governor, after consultation with NYSERDA,
to make exceptions by executive order for considerations of scarcity.

 JUSTIFICATION :
When number two home heating oil is burned, sulfur dioxide, a known
greenhouse gas, is released into the atmosphere. Estimates have shown
that reducing the sulfur content of home heating oil is an important
and critical step in curbing greenhouse gas emissions. Additionally,
exhaust particles formed by using home heating oil can exacerbate
allergies, trigger asthma attacks, decrease lung function, cause heart
attacks and shorten life expectancy.

Furthermore, reducing the sulfur content in home heating oil is
inexpensive and can be done immediately. Home heating oil can be put
through the same refining process that an increasing portion of diesel
fuel undergoes.

Reduced equipment servicing - Higher sulfur content in fuels produces
sulfur scaling on heating system component parts which adversely
impacts heating system performance and reduces system efficiency. The
lower the sulfur content of the fuel, the better the heating system
performance which decreases the need for servicing by the consumer.
Better heating system performance allows for fuller combustion of fuel
which reduces emissions. All of this leads to increased consumer
savings both on system maintenance and reduced fuel costs as less fuel
is used.

Increased Fungibility - By having one standard for
2 heating oil, heating oil supplier's can service all of their
customers from the same truck. Currently, home heating oil customer's
have to be supplied differently than other
2 fuel oil users using
2 fuel oil in an off road application such as excavators, farm
equipment, generators, marine use, etc. The average cost of a new
truck is $135,000. Therefore, increased fungibility of the product
improves distribution efficiencies and lowers costs. This fungibility
will also make additional fuel storage available at terminals since
they will not need to carry the differentfuels.  This additional
capacity can be used to accommodate renewable biofuels.

Supply of 15ppm sulfur
2 heating oil - According to the United States Department of Energy's
Energy Information Administration (EIA), in 2008 the distillate
market, excluding jet fuel, was a 59 billion gallon market. Of this,
on-road diesel, off-road diesel, and farm use account for 44 billion
gallons or 76% and all of these Uses must be 15ppm later this year.
According to the United States Environmental Protection Agency, as
reported by the Clean Diesel Fuel Alliance, through the end of the
third quarter of 2009, 99% of all diesel pumps were distributing ultra
low sulfur diesel (ULSD). Railroads and marine use are capped at 15ppm
in 2012 and are currently 4 billion gallons. When added to the diesel
and farm uses, this totals 48 billion gallons or 83% of total
distillate use. Residential and commercial heating oil only account
for 7 billion gallons or 12% of the total.

New York State is the largest consumer of home heating oil. By taking
action to reduce sulfur content, we will lead the country in
eliminating one of the causes of global warming and improving the
health of those suffering from respiratory and other conditions as a
result of unclean fuel.

 SUPPORT :

American Lung Association
American Cancer Society
Empire State Petroleum Association, Inc.
Environmental Advocates of New York
Environmental Defense Action Fund
Hudson Valley Oil Heat Council
Natural Resources Defense Council
New York City Mayor's Office
New York Oil Heating Association, Inc.
New York League of Conservation Voters
Oil Heat Manufacturers of Central New York
Oil Heat Manufacturers of Eastern New York
Oil Heat Institute of Long Island
Oil Heat Manufacturers Association
Teamsters Joint Council No. 16: International Brotherhood of Teamsters
Teamsters Local Union No. 553
United Puerto Rican Organization of Sunset Park
WE ACT for Environmental Justice

 OPPOSITION :

ConocoPhilips
HESS Corporation
New York State Association of Town Superintendants of Highways, Inc.
New York State Motor Truck Association
New York State Petroleum Council

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
Immediately.

2009-S1145A - Bill Text download pdf

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

                                 1145--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 26, 2009
                               ___________

Introduced  by  Sens. PERKINS, ADAMS, DIAZ, DILAN, DUANE, HASSELL-THOMP-
  SON, HUNTLEY, C. JOHNSON, KRUEGER, ONORATO, PARKER,  SAMPSON,  SAVINO,
  SCHNEIDERMAN,  SERRANO,  STEWART-COUSINS,  THOMPSON  -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Environmental  Conservation  -- reported favorably from said committee
  and committed to the Committee on Codes -- committee discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

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 ELEVEN, 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 FIFTEEN
PARTS PER MILLION.
  (2) 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  ENERGY
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.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05466-02-9

co-Sponsors

View additional co-sponsors

2009-S1145B - Details

See Assembly Version of this Bill:: A6896
Law Section:: Environmental Conservation Law
Laws Affected:: Add §19-0325, En Con L
Versions Introduced in 2011-2012 Legislative Session:: A951

2009-S1145B - Summary

Requires a reduction in sulfur emissions by 2012 for all heating oil used in the state and allows the governor to suspend such reduction if there is not an adequate supply of the required fuel.

2009-S1145B - Sponsor Memo

2009-S1145B - Bill Text download pdf

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

                                 1145--B

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 26, 2009
                               ___________

Introduced  by  Sens. PERKINS, ADAMS, DIAZ, DILAN, DUANE, HASSELL-THOMP-
  SON, HUNTLEY, C. JOHNSON, KRUEGER, MONTGOMERY,  ONORATO,  OPPENHEIMER,
  PARKER,   SAMPSON,  SAVINO,  SCHNEIDERMAN,  SERRANO,  STEWART-COUSINS,
  THOMPSON -- read twice and ordered printed, and  when  printed  to  be
  committed  to  the Committee on Environmental Conservation -- reported
  favorably from said committee and committed to the Committee on  Codes
  --  committee  discharged,  bill amended, ordered reprinted as amended
  and recommitted to said committee -- recommitted to the  Committee  on
  Environmental Conservation in accordance with Senate Rule 6, sec. 8 --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

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 TWELVE, 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 FIFTEEN
PARTS PER MILLION.
  (2) 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  ENERGY
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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05466-03-0

co-Sponsors

View additional co-sponsors

2009-S1145C (ACTIVE) - Details

See Assembly Version of this Bill:: A6896
Law Section:: Environmental Conservation Law
Laws Affected:: Add §19-0325, En Con L
Versions Introduced in 2011-2012 Legislative Session:: A951

2009-S1145C (ACTIVE) - Summary

Requires a reduction in sulfur emissions by 2012 for all heating oil used in the state and allows the governor to suspend such reduction if there is not an adequate supply of the required fuel.

2009-S1145C (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1145C

 TITLE OF BILL :
An act to amend the environmental conservation law, in relation to
requiring a reduction in sulfur for all heating oil used in the state

 PURPOSE :
The purpose of this legislation is to limit the sulfur content in home
heating oil.

 SUMMARY OF PROVISIONS :
Section one limits sulfur content in number two heating oil to no
greater than 15 parts per million beginning July 1, 2012.

Section two authorizes the governor, after consultation with NYSERDA,
to make exceptions by executive order for considerations of scarcity.

 JUSTIFICATION :
When number two home heating oil is burned, sulfur dioxide, a known
greenhouse gas, is released into the atmosphere. Estimates have shown
that reducing the sulfur content of home heating oil is an important
and critical step in curbing greenhouse gas emissions. Additionally,
exhaust particles formed by using home heating oil can exacerbate
allergies, trigger asthma attacks, decrease lung function, cause heart
attacks and shorten life expectancy.

Furthermore, reducing the sulfur content in home heating oil is
inexpensive and can be done immediately. Home heating oil can be put
through the same refining process that an increasing portion of diesel
fuel undergoes.

Reduced equipment servicing - Higher sulfur content in fuels produces
sulfur scaling on heating system component parts which adversely
impacts heating system performance and reduces system efficiency. The
lower the sulfur content of the fuel, the better the heating system
performance which decreases the need for servicing by the consumer.
Better heating system performance allows for fuller combustion of fuel
which reduces emissions. All of this leads to increased consumer
savings both on system maintenance and reduced fuel costs as less fuel
is used.

Increased Fungibility - By having one standard for
2 heating oil, heating oil supplier's can service all of their
customers from the same truck. Currently, home heating oil customer's
have to be supplied differently than other
2 fuel oil users using
2 fuel oil in an off road application such as excavators, farm
equipment, generators, marine use, etc. The average cost of a new
truck is $135,000. Therefore, increased fungibility of the product
improves distribution efficiencies and lowers costs. This fungibility
will also make additional fuel storage available at terminals since
they will not need to carry the different fuels. This additional
capacity can be used to accommodate renewable biofuels.

Supply of 15ppm sulfur
2 heating oil - According to the United States Department of Energy's
Energy Information Administration (EIA), in 2008 the distillate
market, excluding jet fuel, was a 59 billion gallon market. Of this,
on-road diesel, off-road diesel, and farm use account for 44 billion
gallons or 76% and all of these uses must be 15ppm later this year.
According to the united States Environmental Protection Agency, as
reported by the Clean Diesel Fuel Alliance, through the end of the
third quarter of 2009, 99% of all diesel pumps were distributing ultra
low sulfur diesel (ULSD). Railroads and marine use are capped at 15ppm
in 2012 and are currently 4 billion gallons. when added to the diesel
and farm uses, this totals 48 billion gallons or 83% of total
distillate use. Residential and commercial heating oil only account
for 7 billion gallons or 12% of the total.

New York State is the largest consumer of home heating oil. By taking
action to reduce sulfur content, we will lead the country in
eliminating one of the causes of global warming and improving the
health of those suffering from respiratory and other conditions as a
result of unclean fuel.

 SUPPORT :

American Lung Association
American Cancer Society
Empire State Petroleum Association, Inc.
Environmental Advocates of New York
Environmental Defense Action Fund
Hudson Valley Oil Heat Council
Natural Resources Defense Council
New York City Mayor's Office
New York Oil Heating Association, Inc.
New York League of Conservation Voters
Oil Heat Manufacturers of Central New York
Oil Heat Manufacturers of Eastern New York
Oil Heat Institute of Long Island
Oil Heat Manufacturers Association
Teamsters Joint Council No. 16: International Brotherhood of Teamsters
Teamsters Local Union No. 553
United Puerto Rican Organization of Sunset Park
WE ACT for Environmental Justice

 OPPOSITION :
ConocoPhilips
HESS Corporation
New York State Association of Town Superintendents of Highways, Inc.
New York State Motor Truck Association
New York State Petroleum Council

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
Immediately.

2009-S1145C (ACTIVE) - Bill Text download pdf

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

                                 1145--C
    Cal. No. 28

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 26, 2009
                               ___________

Introduced  by  Sens. PERKINS, ADAMS, DIAZ, DILAN, DUANE, HASSELL-THOMP-
  SON, HUNTLEY, C. JOHNSON, KRUEGER, MONTGOMERY,  ONORATO,  OPPENHEIMER,
  PARKER,    SAMPSON,    SAVINO,    SCHNEIDERMAN,   SERRANO,   SQUADRON,
  STEWART-COUSINS, THOMPSON -- read twice and ordered printed, and  when
  printed to be committed to the Committee on Environmental Conservation
  -- reported favorably from said committee and committed to the Commit-
  tee  on Codes -- committee discharged, bill amended, ordered reprinted
  as amended and recommitted to said committee  --  recommitted  to  the
  Committee on Environmental Conservation in accordance with Senate Rule
  6,  sec. 8 -- reported favorably from said committee, ordered to first
  and second report, ordered to a third  reading,  amended  and  ordered
  reprinted, retaining its place in the order of third reading

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 TWELVE, 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  FIFTEEN
PARTS PER MILLION.
  (2)  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 ENERGY
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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05466-03-0

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Senate Bill S1145

Sponsored By

Archive: Last Bill Status Via A8642 - On Floor Calendar

Jun 17, 2010 - Floor Vote

Floor Vote: Jun 17, 2010

Sep 10, 2009 - Rules Committee Vote

Rules Committee Vote: Sep 10, 2009

Jul 16, 2009 - Rules Committee Vote

Rules Committee Vote: Jul 16, 2009

Jan 20, 2010 - Environmental Conservation Committee Vote

Environmental Conservation Committee Vote: Jan 20, 2010

Bill Amendments

co-Sponsors

2009-S1145 - Details

2009-S1145 - Summary

2009-S1145 - Sponsor Memo

2009-S1145 - Bill Text download pdf

co-Sponsors

2009-S1145A - Details

2009-S1145A - Summary

2009-S1145A - Sponsor Memo

2009-S1145A - Bill Text download pdf

co-Sponsors

2009-S1145B - Details

2009-S1145B - Summary

2009-S1145B - Sponsor Memo

2009-S1145B - Bill Text download pdf

co-Sponsors

2009-S1145C (ACTIVE) - Details

2009-S1145C (ACTIVE) - Summary

2009-S1145C (ACTIVE) - Sponsor Memo

2009-S1145C (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S1145

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Sponsored By

Archive: Last Bill Status Via A8642 - On Floor Calendar

Bill Amendments

co-Sponsors

2009-S1145 - Details

2009-S1145 - Summary

2009-S1145 - Sponsor Memo

2009-S1145 - Bill Text download pdf

co-Sponsors

2009-S1145A - Details

2009-S1145A - Summary

2009-S1145A - Sponsor Memo

2009-S1145A - Bill Text download pdf

co-Sponsors

2009-S1145B - Details

2009-S1145B - Summary

2009-S1145B - Sponsor Memo

2009-S1145B - Bill Text download pdf

co-Sponsors

2009-S1145C (ACTIVE) - Details

2009-S1145C (ACTIVE) - Summary

2009-S1145C (ACTIVE) - Sponsor Memo

2009-S1145C (ACTIVE) - Bill Text download pdf

Comments