Bill Text: NY A11639 | 2009-2010 | General Assembly | Introduced
Bill Title: Requires a reduction in sulfur emissions 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.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-07-06 - referred to environmental conservation [A11639 Detail]
Download: New_York-2009-A11639-Introduced.html
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: 1 Section 1. The environmental conservation law is amended by adding a 2 new section 19-0325 to read as follows: 3 S 19-0325. SULFUR REDUCTION REQUIREMENTS. 4 1. ON OR AFTER JULY FIRST, TWO THOUSAND FOURTEEN, ALL NUMBER TWO HEAT- 5 ING OIL SOLD FOR USE IN RESIDENTIAL, COMMERCIAL, OR INDUSTRIAL HEATING 6 WITHIN THE STATE SHALL NOT HAVE A SULFUR CONTENT GREATER THAN FIVE 7 HUNDRED PARTS PER MILLION. 8 2. A. THE COMMISSIONER, IN CONSULTATION WITH THE DIRECTOR OF THE NEW 9 YORK ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, SHALL UNDERTAKE A STUDY 10 REGARDING THE NEED AND COST-EFFECTIVENESS OF IMPLEMENTING ADDITIONAL 11 REDUCTIONS IN THE SULFUR CONTENT OF NUMBER TWO HEATING OIL SOLD IN THE 12 STATE. 13 B. SUCH STUDY SHALL CONSIDER, BUT NOT BE LIMITED TO, THE FOLLOWING 14 FACTORS: 15 (I) THE ENVIRONMENTAL IMPACT OF REDUCING THE SULFUR CONTENT OF NUMBER 16 TWO HEATING OIL TO FIVE HUNDRED PARTS PER MILLION; 17 (II) THE ENVIRONMENTAL BENEFITS OF ADDITIONAL REDUCTIONS IN THE SULFUR 18 CONTENT OF NUMBER TWO HEATING OIL; 19 (III) DETERMINATION OF SULFUR LEVELS THAT MAY FURTHER ENABLE CONVER- 20 SION TO ADVANCED HEATING TECHNOLOGIES; 21 (IV) PROJECTED CONVERSION RATES TO ADVANCED HEATING EQUIPMENT AND THE 22 ASSOCIATED EMISSIONS REDUCTIONS AND ENERGY EFFICIENCY GAINS DERIVED 23 THEREFROM; 24 (V) POLICIES TO ACCELERATE CONVERSION TO ADVANCED HEATING SYSTEMS; 25 (VI) SUPPLY AND INFRASTRUCTURE CAPABILITY FROM DOMESTIC AND FOREIGN 26 SOURCES; AND EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD16961-06-0 A. 11639 2 1 (VII) A PROPOSED IMPLEMENTATION DATE FOR FURTHER SULFUR CONTENT 2 REDUCTION, IF RECOMMENDED, THAT DOES NOT DISRUPT OTHERWISE ADEQUATE, 3 RELIABLE AND AFFORDABLE HEATING OIL SUPPLIES. 4 C. THE STUDY AND ITS FINDINGS SHALL BE COMPLETED NO LATER THAN THE 5 FIRST DAY OF JANUARY, TWO THOUSAND FOURTEEN AND NO SOONER THAN THE FIRST 6 DAY OF JUNE, TWO THOUSAND THIRTEEN. 7 D. THE COMMISSIONER SHALL REPORT THE FINDINGS TO THE GOVERNOR, THE 8 TEMPORARY PRESIDENT AND MINORITY LEADER OF THE SENATE, THE SPEAKER AND 9 MINORITY LEADER OF THE ASSEMBLY, AND THE CHAIRS OF THE STANDING COMMIT- 10 TEES ON ENVIRONMENTAL CONSERVATION IN EACH SUCH CHAMBER. 11 3. THE GOVERNOR MAY, BY ISSUING AN EXECUTIVE ORDER, TEMPORARILY 12 SUSPEND THE APPLICABILITY OF THIS SECTION AT ANY TIME BASED ON THE 13 GOVERNOR'S DETERMINATION, AFTER CONSULTING WITH THE NEW YORK STATE ENER- 14 GY RESEARCH AND DEVELOPMENT AUTHORITY, THAT MEETING THE REQUIREMENT OF 15 SUBDIVISION ONE OF THIS SECTION IS NOT FEASIBLE DUE TO LACK OF ADEQUATE 16 SUPPLY OF THE REQUIRED FUEL. 17 S 2. This act shall take effect immediately.