Bill Text: NY A06082 | 2015-2016 | General Assembly | Introduced

New York Assembly Bill 6082 (Prior Session Legislation)

Introduced

Bill Title: Exempts contractors from the provisions of the "Diesel Emissions Reduction Act of 2006"; establishes that heavy duty vehicles used on behalf of state agencies and regional public authorities by contractors do not need to be powered by ultra low sulfur diesel fuel or best available retrofit technology.

Spectrum: Moderate Partisan Bill (Republican 7-1)

Status: (Introduced - Dead) 2016-01-06 - referred to environmental conservation [A06082 Detail]

Download: New_York-2015-A06082-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6082
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                    March 13, 2015
                                      ___________
       Introduced  by M. of A. LOPEZ -- read once and referred to the Committee
         on Environmental Conservation
       AN ACT to amend the  environmental  conservation  law,  in  relation  to
         exempting  contractors  from  the  provisions of the "Diesel Emissions
         Reduction Act 2006"
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivision  1  of  section  19-0323 of the environmental
    2  conservation law is amended by adding a  new  paragraph  e  to  read  as
    3  follows:
    4    E.  "CONTRACTOR" MEANS ANY PERSON OR ENTITY THAT CONTRACTS DIRECTLY OR
    5  INDIRECTLY WITH A REGULATED ENTITY TO PROVIDE LABOR, SERVICES, MATERIALS
    6  AND/OR EQUIPMENT ON BEHALF OF THE REGULATED ENTITY.  CONTRACTOR INCLUDES
    7  BUT  IS  NOT  LIMITED  TO  PRIME  CONTRACTOR,  SUBCONTRACTOR,  AND   ANY
    8  CONTRACTOR(S) HIRED BY SUCH SUBCONTRACTOR.
    9    S  2.  Subdivision  2  and  the  opening paragraph of subdivision 3 of
   10  section 19-0323 of the environmental conservation law, subdivision 2  as
   11  added  by  chapter  629 of the laws of 2006 and the opening paragraph of
   12  subdivision 3 as amended by section 1 of part DD of chapter  57  of  the
   13  laws  of  2014,  are amended and a new subdivision 9 is added to read as
   14  follows:
   15    2. Any diesel powered heavy duty vehicle that is owned by, operated by
   16  [or on behalf of,] or leased by a state agency and  state  and  regional
   17  public authority shall be powered by ultra low sulfur diesel fuel.
   18    Any  diesel  powered  heavy duty vehicle that is owned by, operated by
   19  [or on behalf of,] or leased by a state agency and  state  and  regional
   20  public  authority with more than half of its governing body appointed by
   21  the governor shall utilize the best available  retrofit  technology  for
   22  reducing  the  emission of pollutants. The commissioner shall promulgate
   23  regulations for the implementation of this subdivision  specifying  that
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07061-01-5
       A. 6082                             2
    1  all  vehicles  covered  by  this  subdivision  shall have best available
    2  retrofit technology on or before December 31, 2015.
    3    9.  CONTRACTORS  OF  THIS STATE SHALL BE EXEMPT FROM THE PROVISIONS OF
    4  THIS SECTION.
    5    S 3. This act shall take effect on the one hundred eightieth day after
    6  it shall have become a law.