Bill Text: NY A10917 | 2017-2018 | 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: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-05-29 - referred to environmental conservation [A10917 Detail]

Download: New_York-2017-A10917-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          10917
                   IN ASSEMBLY
                                      May 29, 2018
                                       ___________
        Introduced  by M. of A. TAGUE -- 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    §  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 NN of chapter  58  of  the
    13  laws  of  2018,  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
    24  all  vehicles  covered  by  this  subdivision  shall have best available
    25  retrofit technology on or before December 31, 2019.
    26    9. Contractors of this state shall be exempt from  the  provisions  of
    27  this section.
    28    § 3. This act shall take effect on the one hundred eightieth day after
    29  it shall have become a law.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07949-02-8