Bill Text: NY A03567 | 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 6-0)

Status: (Introduced - Dead) 2017-10-11 - enacting clause stricken [A03567 Detail]

Download: New_York-2017-A03567-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          3567
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    January 27, 2017
                                       ___________
        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    §  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 subdivision 3 as amended by
    12  section 1 of part X of chapter 58 of the laws of 2016, are amended and a
    13  new subdivision 9 is added to read as follows:
    14    2. Any diesel powered heavy duty vehicle that is owned by, operated by
    15  [or  on  behalf  of,] or leased by a state agency and state and regional
    16  public authority shall be powered by ultra low sulfur diesel fuel.
    17    Any diesel powered heavy duty vehicle that is owned  by,  operated  by
    18  [or  on  behalf  of,] or leased by a state agency and state and regional
    19  public authority with more than half of its governing body appointed  by
    20  the  governor  shall  utilize the best available retrofit technology for
    21  reducing the emission of pollutants. The commissioner  shall  promulgate
    22  regulations  for  the implementation of this subdivision specifying that
    23  all vehicles covered by  this  subdivision  shall  have  best  available
    24  retrofit technology on or before December 31, 2017.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07949-01-7
        A. 3567                             2
     1    9.  Contractors  of  this state shall be exempt from the provisions of
     2  this section.
     3    § 3. This act shall take effect on the one hundred eightieth day after
     4  it shall have become a law.