What's happening
This bill requires the phase-out and replacement of single-wall steel home heating oil tanks in New York to prevent environmental hazards.
Why it matters
Reduces environmental risk from oil leaks. By mandating the removal and replacement of single-wall steel tanks, which are especially prone to leaks and corrosion, the bill proactively addresses a major source of soil and groundwater contamination in residential areas.
Raises installation standards for new and replacement tanks. The legislation ensures that all new or replacement home heating oil tanks in single-family homes must have advanced leak prevention features (like double walls or secondary containment), significantly decreasing future accident risks.
Includes financial assistance for low-income homeowners. By directing the HEAP program to help eligible homeowners cover the costs of tank replacement, the bill aims to prevent lower-income households from being left with unsafe tanks due to financial barriers.
Sets a clear and swift regulatory timeline. The act requires relevant state agencies to develop and implement necessary regulations within 120 days, speeding up the transition to safer home heating oil storage across New York.
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Who cares
Headline styles
Replace Old Oil Tanks
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to environmental conservation
- Reported and committed to finance
- Notice of committee consideration - requested
- Referred to environmental conservation
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1886
2019-2020 Regular Sessions
IN SENATE
January 17, 2019
Introduced by Sen. O'MARA -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation
AN ACT to direct the department of environmental conservation and the office of temporary and disability assistance to establish programs to encourage the removal and replacement of single-wall steel home heating oil storage tanks which are leaking or otherwise pose a threat to the environment
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The department of environmental conservation shall establish a program to encourage the removal and replacement of single-wall steel home heating oil storage tanks which are leaking or otherwise pose a threat to the environment.
§ 2. (a) The commissioner of the department of environmental conservation shall develop and promulgate regulations which shall provide that single-walled home heating oil tanks are phased out of use in New York state by January 1, 2023.
(b) After January 1, 2023, home heating oil storage tanks for single family residences which are removed and replaced shall be replaced only with double-bottom-wall steel tanks, double-wall steel tanks with plastic liners, fiberglass tanks of both single and double wall construction or with such other storage tanks which are capable of preventing and containing oil spills, including those having secondary containment capacity equal to or exceeding 110 percent of the primary storage capacity.
§ 3. The commissioner of the department of environmental conservation shall develop and promulgate regulations which shall provide that home heating and oil storage tanks for newly constructed single family residences shall be double-bottom-wall steel tanks, double-wall steel tanks with plastic liners, or such other tanks which are capable of preventing and containing oil spills, including those having secondary containment
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05817-01-9
S. 1886 2
capacity equal to or exceeding 110 percent of the primary storage capacity.
§ 4. The office of temporary and disability assistance shall develop a program utilizing the heating energy assistance program (HEAP) to assist eligible home owners to replace existing home heating oil storage tanks which do not meet the above standards and to promulgate such regulations and apply for such permissions and waivers from the United States government as may be necessary to do so.
§ 5. The department of environmental conservation and office of temporary and disability assistance shall, within 120 days of the effective date of this act, promulgate the rules and regulations referred to in sections one, two, three and four of this act.
§ 6. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to direct the department of environmental conservation and the office of temporary and disability assistance to establish programs to encourage the removal and replacement of single-wall steel home heating oil storage tanks which are leaking or otherwise pose a threat to the environment
Purpose or general idea of bill
To improve home heating oil storage systems in order to help prevent and contain home heating oil spills.
Summary of specific provisions
Requires the commissioner of the Department of Environmental Conserva- tion (DEC) to develop regulations to phase out the use of single-walled home heating oil tanks.
2. States that home heating oil storage tanks for single-family resi- dences that are removed and replaced shall be replaced only with double-bottom wall steel tanks, double-wall steel tanks with plastic liners, fiberglass tanks of both single and double wall construction or with such other storage tanks that are capable of preventing and containing oil spills.
3. The DEC commissioner shall promulgate regulations regarding heating and oil storage tanks for newly constructed single-family residences.
4. The office of temporary and disability assistance shall develop a program utilizing the heating energy assistance program to assist eligi- ble home owners to replace existing home heating oil storage tanks.
Justification
The natural properties of single-wall steel tanks, with the corrosive properties of additives to the fuel found in these tanks, lead to and even accelerate the deterioration of these steel tanks and result in leaks which pose a significant threat to the environment, including soil and water quality. The deterioration of underground steel tanks has been well known and documented for well over 20 years now and while ceasing the practice of installing steel tanks underground.
Prior legislative history
2018 - S6475A
Fiscal implications
None to the state.
Effective date
This bill shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.