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.
Ayes (32): Adams, Addabbo, Aubertine, Breslin, Diaz, Dilan, Duane, Espada, Foley, Hassell-Thomps, Huntley, Johnson C, Klein, Krueger, Kruger, Montgomery, Onorato, Oppenheimer, Parker, Peralta, Perkins, Sampson, Savino, Schneiderman, Serrano, Smith, Squadron, Stachowski, Stavisky, Stewart-Cousins, Thompson, Valesky
Nays (29): Alesi, Bonacic, DeFrancisco, Farley, Flanagan, Fuschillo, Golden, Griffo, Hannon, Johnson O, Lanza, Larkin, LaValle, Leibell, Libous, Little, Marcellino, Maziarz, McDonald, Nozzolio, Padavan, Ranzenhofer, Robach, Saland, Seward, Skelos, Volker, Winner, Young
Excused (1): Morahan
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.
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.
STATE OF NEW YORK ________________________________________________________________________ 1145--C Cal. No. 28 2009-2010 Regular Sessions IN SENATE 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