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
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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.