NY State Senate Bill 2021-S5497

Senate Bill S5497

2021-2022 Legislative Session

Establishes programs to encourage the removal and replacement of single-wall steel home heating oil storage tanks which are leaking or otherwise pose a threat to the environment

download bill text pdf

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to environmental conservation
Mar 09, 2021	referred to environmental conservation

2021-S5497 (ACTIVE) - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation
Versions Introduced in Other Legislative Sessions:: 2017-2018: S6475
2019-2020: S1886
2023-2024: S4701

2021-S5497 (ACTIVE) - Summary

Directs the department of environmental conservation and office of temporary and disability assistance to establish programs to encourage the removal and replacement of single-wall steel home heating oil storage tanks which are leaking or otherwise pose a threat to the environment.

2021-S5497 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5497

SPONSOR: O'MARA
 
TITLE OF BILL:

An act to direct the department of environmental conservation and the
office of temporary and disability assistance to establish programs to
encourage the removal and replacement of single-wall steel home heating
oil storage tanks which are leaking or otherwise pose a threat to the
environment

 
PURPOSE OR GENERAL IDEA OF BILL:

To improve home heating oil storage systems in order to help prevent and
contain home heating oil spills.

 
SUMMARY OF SPECIFIC PROVISIONS:

Requires the commissioner of the Department of Environmental Conserva-
tion (DEC) to develop regulations to phase out the use of single-walled
home heating oil tanks.

2. States that home heating oil storage tanks for single-family resi-
dences that are removed and replaced shall be replaced only with
double-bottom wall steel tanks, double-wall steel tanks with plastic
liners, fiberglass tanks of both single and double wall construction or
with such other storage tanks that are capable of preventing and
containing oil spills.

3. The DEC commissioner shall promulgate regulations regarding heating
and oil storage tanks for newly constructed single-family residences.

4. The office of temporary and disability assistance shall develop a
program utilizing the heating energy assistance program to assist eligi-
ble homeowners to replace existing home heating oil storage tanks.

 
JUSTIFICATION:

The natural properties of single-wall steel tanks, with the corrosive
properties of additives to the fuel found in these tanks, lead to and
even accelerate the deterioration of these steel tanks and result in
leaks, which pose a significant threat to the environment, including
soil and water quality. The deterioration of underground steel tanks has
been well known and documented for well over 20 years now and while
ceasing the practice of installing steel tanks underground.

 
PRIOR LEGISLATIVE HISTORY:

2018 - S6475A

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
This bill shall take effect immediately.

2021-S5497 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5497
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               March 9, 2021
                                ___________
 
 Introduced  by  Sen.  O'MARA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Environmental Conservation
 
 AN ACT to direct the department of environmental  conservation  and  the
   office of temporary and disability assistance to establish programs to
   encourage  the removal and replacement of single-wall steel home heat-
   ing oil storage tanks which are leaking or otherwise pose a threat  to
   the environment
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The department of environmental conservation  shall  estab-
 lish  a  program to encourage the removal and replacement of single-wall
 steel home heating oil storage tanks which are leaking or otherwise pose
 a threat to the environment.
   § 2. (a) The commissioner of the department of environmental conserva-
 tion shall develop and promulgate regulations which shall  provide  that
 single-walled  home  heating oil tanks are phased out of use in New York
 state by January 1, 2025.
   (b) After January 1, 2025, home heating oil storage tanks  for  single
 family  residences which are removed and replaced shall be replaced only
 with double-bottom-wall steel tanks, double-wall steel tanks with  plas-
 tic liners, fiberglass tanks of both single and double wall construction
 or  with  such  other  storage tanks which are capable of preventing and
 containing oil spills,  including  those  having  secondary  containment
 capacity equal to or exceeding 110 percent of the primary storage capac-
 ity.
   §  3. The commissioner of the department of environmental conservation
 shall develop and promulgate regulations which shall provide  that  home
 heating  and oil storage tanks for newly constructed single family resi-
 dences shall be double-bottom-wall steel tanks, double-wall steel  tanks
 with plastic liners, or such other tanks which are capable of preventing
 and  containing oil spills, including those having secondary containment

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

                                                            LBD10121-01-1

 S. 5497                             2
 
 capacity equal to or exceeding 110 percent of the primary storage capac-
 ity.
   § 4. The office of temporary and disability assistance shall develop a
 program utilizing the heating energy assistance program (HEAP) to assist
 eligible  home owners to replace existing home heating oil storage tanks
 which do not meet the above standards and to promulgate such regulations
 and apply for such  permissions  and  waivers  from  the  United  States
 government as may be necessary to do so.
   § 5. The department of environmental conservation and office of tempo-
 rary  and  disability assistance shall, within 120 days of the effective
 date of this act, promulgate the rules and regulations  referred  to  in
 sections one, two, three and four of this act.
   § 6. This act shall take effect immediately.

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