L.L. 2010/043
Enactment date: 8/16/2010
Int. No. 194-A
By Council Members Gennaro, Brewer, Fidler, James, Koppell, Lander, Sanders Jr., Van Bramer, Mark-Viverito, Lappin, Levin, Nelson, Garodnick, Crowley, Mendez, Vacca, Koslowitz, Recchia, Chin, Williams, Ferreras, Jackson and Barron
A Local Law to amend the administrative code of the city of New York, in relation to the use of clean heating oil in New York City.
Be it enacted by the Council as follows:
Section 1. Legislative findings and intent. The Council finds that heating oil is a significant local source of air pollution in New York City. According to a report of the Environmental Defense Fund, the combustion of heating fuel is responsible for approximately 14% of the local emissions of fine particulate matter, more than vehicle traffic or power plants. Particulate matter and other pollutants, such as sulfur and heavy metals, contribute to asthma, heart disease and other public health problems.
The Council finds that the use of bioheating fuel would reduce the emission of air pollutants, reduce cleaning and maintenance costs, increase the ease of handling fuel oils, provide other operational benefits, strengthen the alternative fuels market, support regional farmers and local businesses, and increase energy independence and the diversity of our energy supply.
The Council further finds that No. 4 and No. 6 residual heating oils are more polluting than No. 2 distillate heating oil. According to the New York City Community Air Survey's 2009 winter data report, the strongest predictor of particulate matter and sulfur dioxide in the air in New York City is the density of nearby buildings that burn fuel oil. Boilers burning heavier residual oils also require more maintenance because of the need to clean burners fouled by the high sulfur content of the oil and the need to heat the non-viscous oils before they can be pumped and burned. Accordingly, the Council finds that is it necessary to address pollutants from the heating oil sector by reducing the sulfur level of No. 4 oil.
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[Consolidated provisions are not included in this Appendix A]
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§ 7. If any section, subdivision, sentence, clause, phrase or other portion of this local law is, for any reason, declared unconstitutional or invalid, in whole or in part, by any court of competent jurisdiction such portion shall be deemed severable, and such unconstitutionality or invalidity shall not affect the validity of the remaining portions of this law, which remaining portions shall continue in full force and effect.
§ 8.This local law shall take effect ninety days after enactment, except that the commissioner of environmental protection shall take such actions as are necessary for its implementation, including the promulgation of rules, prior to such effective date.