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This bill amends the environmental conservation law to prohibit the use of fuel oil grade number 4 in any building or facility in the state after July 1, 2030.
This bill prohibits building owners from using fuel oil grade number 4, one of the most polluting and harmful oils, as fuel for heating in commercial buildings.
Number 4 fuel oil is a combination of number 6 fuel oil (the most polluting type of heating oil) and number 2 fuel oil (the least polluting type). Number 4 fuel oil contains a disproportionately higher amount of sulphur than number 2 fuel oil, leading to significantly higher environmental impacts and additional smog, thus reducing air quality. When fuel oils are burned, they produce harmful air pollutants such as particulate matter (PM) and soot which can trigger asthma attacks, lung and heart disease and premature death.
In 2021, New York State passed legislation to phase out fuel oil grade number 6, which took effect on July 1, 2023. However, number 4 oil remains in use in buildings across New York State. Westchester has already implemented a similar ban on number 4 fuel oil, and New York City (NYC) has passed legislation expediting the timeline for phasing out number 4 fuel oil in boilers across the city. Many of these boilers are located in minority or low-income communities that experience disproportionate impacts from poor air quality, creating environmental justice issues. The NYC council anticipates this action will prevent more than 15 premature deaths and save approximately $130 million in city wide health spending every year.
Prohibiting the use of fuel oil grade number 4 is a logical next step for protecting the health of all New Yorkers and future generations.

