Bill Text: NY A06682 | 2011-2012 | General Assembly | Introduced

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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 17-3)

Status: (Introduced - Dead) 2012-05-01 - held for consideration in environmental conservation [A06682 Detail]

Download: New_York-2011-A06682-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6682
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                    March 24, 2011
                                      ___________
       Introduced by M. of A. P. LOPEZ -- read once and referred to the Commit-
         tee 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, as added by chap-
   11  ter  629  of  the  laws  of 2006, are amended and a new subdivision 9 is
   12  added to read as follows:
   13    2. Any diesel powered heavy duty vehicle that is owned by, operated by
   14  [or on behalf of,] or leased by a state agency and  state  and  regional
   15  public authority shall be powered by ultra low sulfur diesel fuel.
   16    Any  diesel  powered  heavy duty vehicle that is owned by, operated by
   17  [or on behalf of,] or leased by a state agency and  state  and  regional
   18  public  authority with more than half of its governing body appointed by
   19  the governor shall utilize the best available  retrofit  technology  for
   20  reducing  the  emission of pollutants. The commissioner shall promulgate
   21  regulations for the implementation of this subdivision specifying proce-
   22  dures for compliance according to the following schedule:
   23    9. CONTRACTORS OF THIS STATE SHALL BE EXEMPT FROM  THE  PROVISIONS  OF
   24  THIS SECTION.
   25    S 3. This act shall take effect on the one hundred eightieth day after
   26  it shall have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10007-01-1