Bill Text: NY A04870 | 2009-2010 | General Assembly | Amended


Bill Title: Enacts the "Cleaner fuels school bus act" requiring school bus owners to replace or retrofit buses to use biodiesel fuel blends; directs promulgation of regulations.

Spectrum: Partisan Bill (Democrat 10-0)

Status: (Introduced - Dead) 2010-04-29 - print number 4870a [A04870 Detail]

Download: New_York-2009-A04870-Amended.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        4870--A
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 6, 2009
                                      ___________
       Introduced  by  M.  of  A.  ALESSI,  PAULIN, LUPARDO, STIRPE, ROSENTHAL,
         JAFFEE, CARROZZA, LATIMER, ORTIZ, BENEDETTO -- read once and  referred
         to  the  Committee  on  Education  --  recommitted to the Committee on
         Education in accordance with Assembly Rule  3,  sec.  2  --  committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to said committee
       AN  ACT to amend the education law, in relation to required use of biod-
         iesel fuel blends in school buses
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Legislative  intent.  The  legislature  hereby  finds and
    2  declares that school buses operating on diesel fuels transport  millions
    3  of  New  York children daily. Children's bodies are uniquely susceptible
    4  to toxins. Studies have shown  that  diesel  fumes  contain  particulate
    5  matter  which  can trigger asthma attacks and other respiratory ailments
    6  in children and that levels of diesel fumes are up to four times greater
    7  inside a bus than ambient levels.
    8    The legislature further finds and  declares  that  diesel  exhaust  is
    9  classified  as a probable human carcinogen by many governmental authori-
   10  ties including the state attorney general. In addition,  dark  particles
   11  from diesel fuel have been found embedded in glacial ice contributing to
   12  rapid melting of polar ice.
   13    Therefore, the legislature finds and declares that it is in the inter-
   14  est  of  the citizens of this state to reduce the use of diesel fuels by
   15  the many school buses used to  transport  children  in  this  state  and
   16  increase the use of alternative low emission fuels.
   17    S  2.  This  act shall be known and may be cited as the "cleaner fuels
   18  school bus act".
   19    S 3. Section 3623 of the education law is  amended  by  adding  a  new
   20  subdivision 3 to read as follows:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06868-02-0
       A. 4870--A                          2
    1    3.  A.  THE  COMMISSIONER  OF  TRANSPORTATION IN CONSULTATION WITH THE
    2  COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS REQUIRING ALL OWNERS
    3  OF SCHOOL BUSES, AS DEFINED IN SECTION  ONE  HUNDRED  FORTY-TWO  OF  THE
    4  VEHICLE AND TRAFFIC LAW, TO REPLACE OR RETROFIT DIESEL OPERATED VEHICLES
    5  TO BE CAPABLE OF OPERATING ON A TWENTY PERCENT OR GREATER BLEND OF BIOD-
    6  IESEL FUEL AS DEFINED IN THIS SUBDIVISION, SUCH REPLACEMENT OR RETROFIT-
    7  TING  TO COMMENCE NO LATER THAN ONE HUNDRED EIGHTY DAYS AFTER THE EFFEC-
    8  TIVE DATE OF THIS SUBDIVISION.
    9    B. FOR THE PURPOSES OF THIS SUBDIVISION,  "BLEND  OF  BIODIESEL  FUEL"
   10  SHALL  MEAN  A  RENEWABLE,  BIODEGRADABLE,  MONO ALKYL ESTER COMBUSTIBLE
   11  LIQUID FUEL DERIVED FROM AGRICULTURAL PLANT OILS, ANIMAL FATS  OR  WASTE
   12  RESTAURANT GREASE OR OILS.
   13    S  4. This act shall take effect one year after it shall have become a
   14  law.
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