Bill Text: NY S05071 | 2009-2010 | General Assembly | Amended
Bill Title: Establishes the diesel emissions retrofit program and fund; fund supplements through federal diesel emission reduction act funds in addition to other state funds.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-06-10 - PRINT NUMBER 5071B [S05071 Detail]
Download: New_York-2009-S05071-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
5071--B
2009-2010 Regular Sessions
I N S E N A T E
April 27, 2009
___________
Introduced by Sens. THOMPSON, ESPADA, SERRANO -- read twice and ordered
printed, and when printed to be committed to the Committee on Finance
-- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee -- recommitted to the Committee on
Finance in accordance with Senate Rule 6, sec. 8 -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the public authorities law and the environmental conser-
vation law, in relation to establishing the state diesel emissions
reduction revolving loan fund
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The public authorities law is amended by adding a new
2 section 1285-s to read as follows:
3 S 1285-S. DIESEL EMISSIONS REDUCTION PROGRAM. 1. THE CORPORATION IS
4 AUTHORIZED TO UNDERTAKE A PROGRAM TO PROVIDE FINANCIAL ASSISTANCE TO
5 STATE AGENCIES AND ELIGIBLE RECIPIENTS TO ENCOURAGE AND SUPPORT THE
6 PURCHASE OF NEW AND RETROFITTING OF EXISTING HEAVY DUTY VEHICLES IN
7 ACCORDANCE WITH THE PROVISIONS OF THIS SECTION.
8 2. AS USED IN THIS SECTION, THE FOLLOWING TERMS HAVE THE FOLLOWING
9 MEANINGS:
10 (A) "BEST AVAILABLE RETROFIT TECHNOLOGY" SHALL HAVE THE SAME MEANING
11 AS SUCH TERM IS DEFINED IN SECTION 19-0323 OF THE ENVIRONMENTAL CONSER-
12 VATION LAW AND REGULATIONS PROMULGATED THEREUNDER.
13 (B) "COMMISSIONER" SHALL MEAN THE COMMISSIONER OF ENVIRONMENTAL
14 CONSERVATION.
15 (C) "ELIGIBLE PROJECT" SHALL MEAN A PROJECT FOR THE PURCHASE AND
16 INSTALLATION OF BEST AVAILABLE RETROFIT TECHNOLOGY FOR HEAVY DUTY VEHI-
17 CLES, INCLUDING THE RETROFIT OF VEHICLES REQUIRED PURSUANT TO SECTION
18 19-0323 OF THE ENVIRONMENTAL CONSERVATION LAW, AND NONROAD VEHICLES AS
19 DEFINED BY 42 USC SECTION 7550.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11624-04-0
S. 5071--B 2
1 (D) "ELIGIBLE RECIPIENT" SHALL MEAN ANY PERSON, MUNICIPALITY OR STATE
2 AGENCY SUBJECT TO SECTION 19-0323 OF THE ENVIRONMENTAL CONSERVATION LAW
3 AND ANY PERSON, MUNICIPALITY OR STATE AGENCY THAT IS AN ELIGIBLE ENTITY
4 PURSUANT TO THE ENERGY POLICY ACT OF 2005 DIESEL EMISSIONS REDUCTION
5 PROGRAM.
6 (E) "HEAVY DUTY VEHICLE" OR "VEHICLE" SHALL HAVE THE SAME MEANING AS
7 SUCH TERM IS DEFINED IN SECTION 19-0323 OF THE ENVIRONMENTAL CONSERVA-
8 TION LAW.
9 (F) "RETROFIT" SHALL MEAN THE ADDITION OF NEW OR ENHANCED POLLUTION
10 CONTROL AFTER TREATMENT EQUIPMENT TO DIESEL ENGINES, UPGRADING A DIESEL
11 ENGINE TO A CLEANER CONFIGURATION, AND EARLY REPLACEMENT OF OLDER
12 ENGINES WITH NEWER CLEANER ENGINES.
13 3. (A) THERE IS HEREBY ESTABLISHED IN THE CUSTODY OF THE CORPORATION A
14 FUND TO BE KNOWN AS THE DIESEL EMISSIONS REDUCTION REVOLVING FUND.
15 MONEYS IN THE DIESEL EMISSIONS REDUCTION REVOLVING FUND SHALL BE SEGRE-
16 GATED FROM ALL OTHER FUNDS OF OR IN THE CUSTODY OF THE CORPORATION
17 SUBJECT TO ANY RIGHTS OF HOLDERS OF CORPORATION BONDS OR NOTES ISSUED
18 FOR THE PURPOSES OF THIS SECTION. MONEYS IN THE DIESEL EMISSIONS
19 REDUCTION REVOLVING FUND SHALL ONLY BE USED IN ACCORDANCE WITH THE
20 PROVISIONS OF THIS SECTION PROVIDED, HOWEVER, THAT AN AMOUNT OF UP TO
21 FOUR PERCENT OF THE FUND MAY BE UTILIZED ANNUALLY BY THE CORPORATION TO
22 PAY FOR COSTS OF ADMINISTERING THE FUND.
23 (B) THE FUND SHALL CONSIST OF THE FOLLOWING:
24 (I) NOTWITHSTANDING ANY LAW TO THE CONTRARY, UP TO FOUR MILLION
25 DOLLARS FROM STATE FISCAL YEAR NINETEEN HUNDRED
26 NINETY-SEVEN--NINETY-EIGHT APPROPRIATIONS, OR SUBSEQUENT REAPPROPRIATION
27 FOR SUCH PROJECT PURSUANT TO SECTION 56-0603 OF THE ENVIRONMENTAL
28 CONSERVATION LAW, UP TO FOUR MILLION DOLLARS FROM STATE FISCAL YEAR
29 NINETEEN HUNDRED NINETY-SEVEN--NINETY-EIGHT APPROPRIATIONS, OR SUBSE-
30 QUENT REAPPROPRIATION FOR SUCH PROJECT PURSUANT TO SECTION 56-0605 OF
31 THE ENVIRONMENTAL CONSERVATION LAW, UP TO TWO MILLION DOLLARS FROM THE
32 STATE FISCAL YEAR NINETEEN HUNDRED NINETY-SEVEN--NINETY-EIGHT APPROPRI-
33 ATIONS, OR SUBSEQUENT REAPPROPRIATION FOR SUCH PROJECT PURSUANT TO
34 SECTION 56-0607 OF THE ENVIRONMENTAL CONSERVATION LAW;
35 (II) ALL MONEYS APPROPRIATED FOR THE PAYMENT OF THE COSTS OF DIESEL
36 EMISSIONS REDUCTION ACTIVITIES AND EQUIPMENT PURSUANT TO SECTION ONE OF
37 CHAPTER FIFTY-FIVE OF THE LAWS OF TWO THOUSAND SEVEN, AS REAPPROPRIATED
38 BY CHAPTER FIFTY-FIVE OF THE LAWS OF TWO THOUSAND NINE, AND AS MAY BE
39 SUBSEQUENTLY REAPPROPRIATED;
40 (III) ALL MONEYS APPROPRIATED BY THE STATE LEGISLATURE FOR THE PURPOSE
41 OF THE DIESEL EMISSIONS REDUCTION REVOLVING FUND OR OTHERWISE TRANS-
42 FERRED BY THE STATE FOR DEPOSIT THEREIN BY THE COMPTROLLER AS REQUIRED
43 BY LAW;
44 (IV) PAYMENTS OF PRINCIPAL AND INTEREST MADE BY ELIGIBLE RECIPIENTS
45 PURSUANT TO LOAN OR OTHER AGREEMENTS ENTERED INTO PURSUANT TO SUBDIVI-
46 SION SIX OF THIS SECTION; PROVIDED, HOWEVER, IF SUCH LOANS WERE FINANCED
47 BY THE ISSUANCE OF BONDS OR NOTES OF THE CORPORATION, DEPOSIT OF SUCH
48 PAYMENTS INTO THE FUND SHALL BE SUBJECT TO THE RIGHTS OF THE HOLDERS OF
49 SUCH BONDS OR NOTES TO RECEIVE SUCH MONIES;
50 (V) INVESTMENT EARNINGS ON AMOUNTS IN THE FUND;
51 (VI) ANY OTHER PAYMENTS RECEIVED FROM RECIPIENTS PURSUANT TO A LOAN OR
52 OTHER AGREEMENT MADE PURSUANT TO SUBDIVISION SIX OF THIS SECTION FOR
53 COSTS OF MANAGING AND ADMINISTERING THE PROGRAM; AND
54 (VII) THE PROCEEDS OF BONDS OR NOTES ISSUED BY THE CORPORATION FOR
55 PURPOSES OF PROVIDING FINANCIAL ASSISTANCE TO ELIGIBLE RECIPIENTS.
S. 5071--B 3
1 (C) ADDITIONALLY, THE FOLLOWING SOURCES MAY BE DEPOSITED INTO THE
2 FUND, SUBJECT TO APPROPRIATION OR TRANSFER:
3 (I) ALL OR A PORTION OF MONEYS PAID TO THE STATE PURSUANT TO ANY
4 FUTURE REAUTHORIZATION, REAPPROPRIATION, EXTENSION OR EXPANSION OF THE
5 FEDERAL DIESEL EMISSION REDUCTION ACT OR ADOPTION OF ANY FEDERAL ACT OF
6 SUBSTANTIALLY SIMILAR PURPOSE;
7 (II) ALL OR A PORTION OF MONEYS PAID TO THE STATE PURSUANT TO
8 SUBSECTION THREE OF STATE AND TRIBAL ASSISTANCE GRANTS INCLUDED IN TITLE
9 VII OF THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009; AND
10 (III) ANY OTHER MONEYS PAID TO THE STATE FOR DEPOSIT IN THE FUND.
11 4. MONEYS IN THE DIESEL EMISSIONS REDUCTION REVOLVING FUND MAY BE
12 INVESTED AS PROVIDED IN SUBDIVISION FOUR OF SECTION TWELVE HUNDRED
13 EIGHTY-FOUR AND SUBDIVISION SIX OF SECTION TWELVE HUNDRED EIGHTY-FIVE-J
14 OF THIS TITLE.
15 5. MONEYS OF THE FUND SHALL BE AVAILABLE ONLY FOR DISTRIBUTION TO
16 ELIGIBLE PROJECTS PURSUANT TO THIS SECTION THAT ARE APPROVED IN CONSUL-
17 TATION WITH THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION. THE DEPARTMENT
18 OF ENVIRONMENTAL CONSERVATION SHALL, IN CONSULTATION WITH THE CORPO-
19 RATION, DEVELOP GUIDANCE FOR SELECTION OF ELIGIBLE PROJECTS, WHICH SHALL
20 ESTABLISH ELIGIBILITY CRITERIA FOR DISTRIBUTION OF MONEYS CONTAINED IN
21 THE FUND CONSISTENT WITH THE PROVISIONS OF THIS SECTION. SUBJECT TO ANY
22 APPLICABLE FEDERAL REQUIREMENTS, PRIORITY SHALL BE GIVEN TO THOSE
23 PROJECTS THAT WILL UTILIZE BEST AVAILABLE RETROFIT TECHNOLOGY AND:
24 (A) ARE SUBJECT TO THE REQUIREMENTS OF SECTION 19-0323 OF THE ENVIRON-
25 MENTAL CONSERVATION LAW;
26 (B) MAXIMIZE PUBLIC HEALTH BENEFITS;
27 (C) PROVIDE THE MOST COST-EFFECTIVE EXPENDITURE OF FUNDS, INCLUDING
28 REDUCTIONS IN DIESEL EMISSIONS PER DOLLAR EXPENDED; AND
29 (D) SERVE AREAS IN NEW YORK THAT ARE:
30 (I) IN NON ATTAINMENT OF THE NATIONAL AMBIENT AIR QUALITY PRIMARY
31 STANDARDS ESTABLISHED FOR PARTICULATE MATTER OR OZONE;
32 (II) ENVIRONMENTAL JUSTICE AREAS AS DESIGNATED BY THE DEPARTMENT OF
33 ENVIRONMENTAL CONSERVATION; OR
34 (III) IMPACTED BY HIGHER LEVELS OF VEHICLE TRAFFIC; OR INDUSTRIAL AND
35 COMMERCIAL AREAS INCLUDING BUT NOT LIMITED TO PORTS, AIRPORTS, TRUCK
36 STOPS, RAIL YARDS, TERMINALS AND DISTRIBUTION CENTERS.
37 6. MONEYS IN THE FUND SHALL BE APPLIED BY THE CORPORATION TO PROVIDE
38 FINANCIAL ASSISTANCE TO ELIGIBLE RECIPIENTS FOR ELIGIBLE PROJECTS AND TO
39 PROVIDE FOR THE ADMINISTRATIVE AND MANAGEMENT COSTS OF THE PROGRAM. AS
40 USED IN THIS SECTION "FINANCIAL ASSISTANCE TO ELIGIBLE RECIPIENTS" MEANS
41 ANY ONE OR MORE OF THE FOLLOWING:
42 (A) MAKING LOANS TO ELIGIBLE RECIPIENTS FOR ELIGIBLE PROJECTS,
43 PROVIDED SUCH LOANS (I) ARE MADE AT MARKET OR BELOW MARKET RATES, (II)
44 DO NOT HAVE A FINAL MATURITY OF MORE THAN THE PERIOD OF PROBABLE USEFUL-
45 NESS AS SET FORTH IN THE LOCAL FINANCE LAW, AND (III) HAVE PRINCIPAL AND
46 INTEREST PAYMENTS WHICH COMMENCE NOT LATER THAN ONE YEAR AFTER INSTALLA-
47 TION OF THE ELIGIBLE PROJECT;
48 (B) BUYING OR REFINANCING DEBT OBLIGATIONS OF ELIGIBLE RECIPIENTS AT
49 MARKET OR BELOW MARKET RATES;
50 (C) GUARANTYING, OR PURCHASING INSURANCE OR OTHER CREDIT ENHANCEMENT
51 FOR ELIGIBLE RECIPIENT OBLIGATIONS WHERE SUCH ACTION WOULD IMPROVE CRED-
52 IT MARKET ACCESS FOR OR REDUCE INTEREST RATES ON SUCH ELIGIBLE RECIPIENT
53 OBLIGATIONS;
54 (D) PROVIDING A SOURCE OF REVENUE OR SECURITY FOR PAYMENT OF PRINCIPAL
55 AND INTEREST ON BONDS OR NOTES ISSUED BY THE CORPORATION IF THE PROCEEDS
56 OF THE SALE OF SUCH BONDS OR NOTES WILL BE DEPOSITED IN THE FUND;
S. 5071--B 4
1 (E) PROVIDING INTEREST RATE SUBSIDY ALLOCATIONS TO SUBSIDIZE LOANS TO
2 ELIGIBLE RECIPIENTS MADE FROM THE PROCEEDS OF THE CORPORATION'S BONDS OR
3 NOTES;
4 (F) PROVIDING GRANTS AND PRINCIPAL FORGIVENESS;
5 (G) USING INVESTMENT EARNINGS ON MONEYS IN THE FUND TO PAY, PURSUANT
6 TO SUBDIVISION SEVEN OF THIS SECTION, THE COSTS OF THE CORPORATION AND
7 THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION OF ADMINISTERING AND MANAG-
8 ING THE PROGRAM DESCRIBED IN THIS SECTION.
9 7. (A) NOTWITHSTANDING ANY PROVISIONS OF LAW TO THE CONTRARY, THE
10 CORPORATION SHALL DISTRIBUTE MONEYS CONTAINED IN THE FUND AS FOLLOWS:
11 (I) UNTIL MARCH THIRTY-FIRST, TWO THOUSAND ELEVEN, TWENTY PERCENT OF
12 THE FUND SHALL BE USED TO PROVIDE GRANTS TO STATE AGENCIES FOR THE
13 RETROFITTING OF VEHICLES SUBJECT TO SECTION 19-0323 OF THE ENVIRONMENTAL
14 CONSERVATION LAW;
15 (II) THE REMAINDER OF THE FUND SHALL BE USED TO PROVIDE FINANCIAL
16 ASSISTANCE TO ELIGIBLE RECIPIENTS FOR ELIGIBLE PROJECTS THAT MEET THE
17 GOAL OF EMISSIONS REDUCTION IN ACCORDANCE WITH THE PROVISIONS OF THIS
18 SECTION AND IN ACCORDANCE WITH ANY APPLICABLE FEDERAL REQUIREMENTS.
19 8. ELIGIBLE RECIPIENTS MAY SUBMIT APPLICATIONS TO THE CORPORATION IN
20 SUCH MANNER AS THE CORPORATION DIRECTS. ALL APPLICATIONS SHALL INCLUDE,
21 AT A MINIMUM, THE FOLLOWING INFORMATION:
22 (A) ANY INFORMATION REQUIRED TO DEMONSTRATE ELIGIBILITY TO RECEIVE
23 FEDERAL ASSISTANCE UNDER ANY FEDERAL PROGRAM LISTED IN SUBDIVISION THREE
24 OF THIS SECTION;
25 (B) CALCULATION OF THE EXTENT TO WHICH INSTALLATION OF THE PROPOSED
26 PROJECT WILL REDUCE DIESEL EMISSIONS;
27 (C) THE AIR QUALITY DESIGNATION OF THE AREA IN WHICH VEHICLES PROPOSED
28 TO BE RETROFITTED OR REPLACED OPERATE;
29 (D) EXTENT TO WHICH THE PROPOSED PROJECT MEETS THE PRIORITY CRITERIA
30 OF SUBDIVISIONS FOUR AND FIVE OF THIS SECTION; AND
31 (E) ANY OTHER INFORMATION THAT THE CORPORATION REQUIRES.
32 9. THE CORPORATION, IN CONSULTATION WITH THE DEPARTMENT OF ENVIRON-
33 MENTAL CONSERVATION, IS AUTHORIZED TO:
34 (A) CONSULT WITH ANY OTHER STATE AGENCY OR PUBLIC AUTHORITY WHICH THE
35 CORPORATION DEEMS APPROPRIATE IN THE DEVELOPMENT OF THE DIESEL RETROFIT
36 EMISSIONS REDUCTION PROGRAM DEVELOPED PURSUANT TO THIS SECTION; AND
37 (B) PREPARE, IN CONSULTATION WITH SUCH AGENCIES AND AUTHORITIES, AND
38 MAKE AVAILABLE TO THE PUBLIC, DIESEL EMISSIONS REDUCTION PROGRAM MANUALS
39 AND BROCHURES FOR THE PURPOSE OF ENSURING THAT THE STANDARDS AND CRITE-
40 RIA APPLICABLE TO THE PROGRAM ARE AVAILABLE TO PERSONS WHO MAY WISH TO
41 PARTICIPATE IN THE PROGRAM, TO FACILITATE THE GOALS OF THE PROGRAM.
42 10. IN ADDITION TO THE POWERS GRANTED TO THE CORPORATION ELSEWHERE IN
43 THIS CHAPTER, THE CORPORATION MAY MAKE LOANS TO ELIGIBLE RECIPIENTS FOR
44 PURPOSES OF FINANCING ELIGIBLE PROJECTS FOR WHICH THE FUND MAY BE USED,
45 SUBJECT TO THE LIMITATIONS OF SUBDIVISION SEVEN OF THIS SECTION, MAY
46 ACCEPT THE OBLIGATIONS OF ANY MUNICIPALITY AS SECURITY FOR THE REPAYMENT
47 OF A LOAN TO AN ELIGIBLE RECIPIENT, AND MAY ASSIGN AND PLEDGE SUCH
48 ELIGIBLE RECIPIENT OBLIGATIONS AND LOAN AGREEMENTS FOR THE BENEFIT OF
49 THE HOLDER OF OBLIGATIONS OF THE CORPORATION FROM THE PROCEEDS OF WHICH
50 SUCH LOANS ARE MADE. LOAN PROCEEDS MAY BE DISBURSED TO AN ELIGIBLE
51 RECIPIENT IN ACCORDANCE WITH SUCH RESTRICTIONS AS MAY BE IMPOSED BY THE
52 CORPORATION IN CONNECTION WITH SUCH LOAN OR OBLIGATIONS OF THE CORPO-
53 RATION FROM THE PROCEEDS OF WHICH SUCH LOAN IS MADE. IN THE EVENT A
54 MUNICIPALITY SHALL FAIL TO MAKE ANY PAYMENT DUE THE CORPORATION PURSUANT
55 TO ANY LOAN AGREEMENT, FINANCING AGREEMENT, OR OTHER OBLIGATION OF THE
56 MUNICIPALITY SOLD TO THE CORPORATION OR ISSUED AS SECURITY FOR THE
S. 5071--B 5
1 UNDERTAKING OF THE MUNICIPALITY THEREUNDER, THE CORPORATION SHALL CERTI-
2 FY TO THE COMPTROLLER, AND NOTIFY THE CHAIRMAN OF THE SENATE FINANCE
3 COMMITTEE, THE CHAIRMAN OF THE ASSEMBLY WAYS AND MEANS COMMITTEE, THE
4 DIRECTOR OF THE DIVISION OF THE BUDGET AND THE GOVERNING BODY OF THE
5 MUNICIPALITY THAT SUCH MUNICIPALITY HAS FAILED TO MAKE SUCH PAYMENT.
6 SUCH CERTIFICATE SHALL BE IN SUCH FORM AS MAY BE DETERMINED BY THE
7 CORPORATION PROVIDED SUCH CERTIFICATE SHALL SPECIFY THE EXACT AMOUNT OF
8 DEBT SERVICE AND SURCHARGE, IF APPLICABLE, REQUIRED TO SATISFY SUCH
9 MUNICIPALITY'S UNPAID OBLIGATION. THE COMPTROLLER, UPON RECEIPT OF SUCH
10 CERTIFICATE FROM THE CORPORATION, IS AUTHORIZED TO AND SHALL, TO THE
11 EXTENT NOT OTHERWISE PROHIBITED BY LAW AND SUBJECT TO ANY OTHER
12 PROVISION OF LAW PROVIDING FOR WITHHOLDING OF PAYMENTS TO THE MUNICI-
13 PALITY WHICH TAKE PRECEDENCE OVER THIS SUBDIVISION, WITHHOLD FROM SUCH
14 MUNICIPALITY THE NEXT SUCCEEDING PAYMENTS OF STATE AID OR LOCAL ASSIST-
15 ANCE OTHERWISE PAYABLE TO IT TO THE EXTENT NECESSARY TO MEET THE CERTI-
16 FIED AMOUNT OF DEBT SERVICE AND SURCHARGE, IF APPLICABLE, DUE THE CORPO-
17 RATION AND SHALL IMMEDIATELY PAY OVER TO THE CORPORATION AS A DEBT
18 SERVICE PAYMENT ON BEHALF OF SUCH MUNICIPALITY THE AMOUNT SO WITHHELD.
19 11. NO LATER THAN JANUARY THIRTY-FIRST OF EACH CALENDAR YEAR, THE
20 CORPORATION SHALL SUBMIT TO THE GOVERNOR, THE LEGISLATURE AND THE COMP-
21 TROLLER A DETAILED REPORT OF EXPENDITURES OF THE FUND. SUCH REPORT
22 SHALL INCLUDE AT A MINIMUM:
23 (A) AN ACCOUNTING OF MONEYS PAID INTO THE FUND FROM STATUTORY SOURCES;
24 (B) AN ACCOUNTING OF MONEYS EXPENDED FOR PURPOSES OF ADMINISTERING THE
25 FUND;
26 (C) AN ACCOUNTING OF ALL MONEYS PAID OUT OF THE FUND TO ELIGIBLE
27 PROJECTS, ARRANGED BY PROJECT, STATUTORY PRIORITY LEVEL AND AREA OF THE
28 STATE;
29 (D) AN ESTIMATION OF THE AMOUNT OF DIESEL EMISSIONS REDUCED BY THE
30 INSTALLATION OF ELIGIBLE PROJECTS FINANCED BY THE FUND; AND
31 (E) ANY DISCERNABLE OR ESTIMATED PUBLIC HEALTH BENEFIT BROUGHT ABOUT
32 BY THESE DIESEL EMISSIONS REDUCTIONS.
33 S 2. Section 56-0603 of the environmental conservation law, as added
34 by chapter 413 of the laws of 1996, is amended to read as follows:
35 S 56-0603. State clean-fueled vehicle projects.
36 1. The office of general services is authorized, consistent with the
37 strategy developed pursuant to subdivision three of section two hundred
38 one-a of the executive law, to conduct a project to acquire clean-fueled
39 vehicles [and to develop and acquire the associated infrastructure
40 including depot construction], AND THE NEW YORK STATE ENVIRONMENTAL
41 FACILITIES CORPORATION IS AUTHORIZED, CONSISTENT WITH SECTION TWELVE
42 HUNDRED EIGHTY-FIVE-S OF THE PUBLIC AUTHORITIES LAW, TO DISTRIBUTE
43 MONIES FOR THE RETROFITTING OF HEAVY DUTY DIESEL ENGINE VEHICLES.
44 2. For the purposes of this section, the term "clean-fueled vehicle"
45 shall mean any motor vehicle as defined in section one hundred twenty-
46 five of the vehicle and traffic law, that uses electricity, including
47 electricity generated from solar energy, either stored or generated
48 on-board, as its primary motive force, or that is fueled by compressed
49 natural gas, propane, methanol, hydrogen or ethanol.
50 S 3. Subdivision 1 of section 56-0605 of the environmental conserva-
51 tion law, as added by chapter 413 of the laws of 1996, is amended to
52 read as follows:
53 1. The New York state energy research and development authority in
54 cooperation with the department of transportation OR THE NEW YORK STATE
55 ENVIRONMENTAL FACILITIES CORPORATION is authorized to make state assist-
56 ance payments to "clean-fueled buses projects" AND IS AUTHORIZED,
S. 5071--B 6
1 CONSISTENT WITH SECTION TWELVE HUNDRED EIGHTY-FIVE-S OF THE PUBLIC
2 AUTHORITIES LAW, TO DISTRIBUTE MONIES FOR THE RETROFITTING OF HEAVY DUTY
3 DIESEL ENGINE VEHICLES.
4 S 4. Section 56-0607 of the environmental conservation law, as added
5 by chapter 413 of the laws of 1996, is amended to read as follows:
6 S 56-0607. Other air quality projects.
7 Of monies received by the state from the sale of bonds pursuant to the
8 Clean Water/Clean Air Bond Act of 1996, up to twenty million dollars
9 ($20,000,000) shall be available for disbursements for air quality
10 projects pursuant to this section.
11 The commissioner is authorized in consultation with other state agen-
12 cies as may be necessary, to make state assistance payments or to enter
13 into contracts in the name of the state for projects that will enhance
14 the quality of the state's environment and the state's air quality,
15 INCLUDING COOPERATION WITH THE NEW YORK STATE ENVIRONMENTAL FACILITIES
16 CORPORATION, TO DISTRIBUTE MONIES FOR THE RETROFITTING OF HEAVY DUTY
17 DIESEL ENGINE VEHICLES, CONSISTENT WITH SECTION TWELVE HUNDRED
18 EIGHTY-FIVE-S OF THE PUBLIC AUTHORITIES LAW.
19 S 5. This act shall take effect immediately.
