ALBANY – Legislation prohibiting grade 4 fuel oil from being used in buildings and facilities statewide after July 1, 2026 has passed in the Senate. The bill sponsored by Senator Pete Harckham (D, Mt. Kisco) (S.2994A), which received bipartisan support, allows municipalities in New York to enact even more stringent laws banning use of the oil.
“We need to stop burning heavy fuel oils that cause air pollution and add carcinogenic chemicals and greenhouse gases to the atmosphere if we want to seriously safeguard our residents and fight climate change,” said Harckham. “This legislation prohibiting the use of grade 4 fuel in New York will result in much cleaner air and health benefits, especially in our cities and communities requiring environmental justice.”
Trevor Summerfield, director of Advocacy for the American Lung Association in New York said, “We know that burning fossil fuels causes air pollution that is harmful to the health of New Yorkers. We are thrilled to see the New York State Senate take steps to end the use of grade 4 fuel in buildings, clearing the way for New Yorkers to breathe healthier, cleaner air. The Lung Association now calls on the Assembly to do the same.”
New York’s landmark Climate Leadership and Community Protection Act, enacted in 2019, sets a mandate to phase-out the use of fossil fuels, and as state officials finalize the scoping plan for the law, it is incumbent to take steps to phase out harmful fuels, the senator said. (In 2021, New York State passed legislation to phase out fuel grade oil 6, taking effect this year on July 1, 2023.)
Grade 4 fuel oil is one of the most harmful and polluting types of heating oil that can be used in buildings. This fuel grade contains high concentrations of contaminants, such as polycyclic aromatic hydrocarbons (PAHs), heavy metals, nitric oxide, sulfur dioxide, nickel, and black carbon. PAHs are proven human carcinogens and sulfur dioxide and nitric oxide are known respiratory irritants.
New York City has required their buildings to change over to a cleaner fuel oil than grade 4 in all buildings by 2027, while Westchester County passed a local law phasing out all use of both grade 2 and 4 fuel oils by this year.
