The New York Assembly passed a bill earlier this month that will require all heating oil used in the state after July 1, 2011 to have less than 15 parts per million sulfur content—the same as ultra-low sulfur diesel fuel.

Stephen Liss, council to Assemblyman Robert K. Sweeney, D-Lindenhurst, author of the legislation, said the bill passed 146 to one, and will now go to the state senate for a vote. Liss said Senator Bill Perkins, D-New York, is sponsoring the bill.

The U.S. began a federal mandate to reduce sulfur in diesel fuel in June 2006, with ULSD required to have less than 15 ppm sulfur. Previously, diesel fuel had as much as 500 ppm sulfur, with low sulfur diesel fuel ranging between 15 and 500 ppm, while no.2 heating oil has more than 500 ppm.

The bill passed by the assembly allows the governor to issue a temporary waiver if state officials determine there is an inadequate supply.

Liss said the mandate should not cause problems for retailers or consumers of heating oil in the Northeast.

“We’ve spoken to some of the major retailers and they have indicated they don’t have a problem with the mandate,” Liss said. “We don’t believe it will change costs [for consumers] either. There is plentiful supply and the cost will be about the same. Plus there will be added cost benefits with the fuels higher efficiency.”

The measure is supported by the New York Oil Heating Association, Oil Heat Institute of Long Island and the Empire State Petroleum Association, he said.

Liss said New York is the first state to process an ultra-low sulfur heating oil mandate.