Bill Text: NY S02699 | 2013-2014 | General Assembly | Introduced
Bill Title: Enacts the "Thruway to Fuelway" act; establishes a pilot program for bio-fuel production in the thruway right of way and provides that bio-fuel produced as a result of such pilot program shall be provided for servicing state-owned or leased motor vehicles.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-01-08 - REFERRED TO TRANSPORTATION [S02699 Detail]
Download: New_York-2013-S02699-Introduced.html
S T A T E O F N E W Y O R K
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2699
2013-2014 Regular Sessions
I N S E N A T E
January 23, 2013
___________
Introduced by Sen. PARKER -- read twice and ordered printed, and when
printed to be committed to the Committee on Transportation
AN ACT to amend the public authorities law, in relation to enacting the
"Thruway to Fuelway act"
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "Thruway to Fuelway act."
3 S 2. Legislative findings. (1) The legislature finds that New York
4 state agencies and authorities annually use millions of gallons of
5 diesel fuel, the majority of which is imported from other countries, and
6 is subject to the uncontrollable fluctuations of the world crude oil
7 market. However, bio-diesel, which can be produced from plants natively
8 grown in New York, can be utilized in standard diesel engines without
9 modification. The use of such bio-diesel in the state's vehicle fleet
10 would lower emissions, increase diversity of fuel sources, and generally
11 improve New York's energy security and economy.
12 (2) The legislature further finds that the New York State Thruway
13 ("Thruway") has 1,140 miles of median strips, which are as wide as one-
14 quarter of a mile in sections, and are currently planted in ground
15 cover, erosion control vegetation and various native flowering plants.
16 To maintain a safe roadway, the thruway authority, which administers the
17 thruway in the public interest, is required to mow or otherwise tend
18 such vegetation at a substantial annual cost. With expert input from the
19 state's cooperative extension service, it would be possible to replace
20 the existing plantings with bio-fuel crops, some of which are natively
21 grown in New York, turning the annual median maintenance expenses into
22 investment in a locally grown fuel source. Such an investment is
23 consistent with the state's goal of reducing carbon emissions, and with
24 the important agricultural policy of avoiding replacing farm acreage
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06908-01-3
S. 2699 2
1 devoted to food, with acreage devoted to fuel, which raises the costs of
2 living for New York working families.
3 (3) The legislature therefore declares that the thruway authority
4 shall be required to establish a pilot program to test the financial
5 feasibility of replacing some or all of the thruway's existing plantings
6 with bio-fuel crops, and of using the fuel generated from such crops to
7 replace some or all of the foreign oil required by New York's diesel
8 vehicle fleet.
9 S 3. The public authorities law is amended by adding a new section
10 359-b to read as follows:
11 S 359-B. PILOT PROGRAM FOR BIO-FUEL PRODUCTION IN THE THRUWAY
12 RIGHT-OF-WAY. 1. UPON THE EFFECTIVE DATE OF THIS SECTION, THE AUTHORITY
13 SHALL INITIATE A TWO-YEAR PILOT "THRUWAY TO FUELWAY" PROGRAM TO INVESTI-
14 GATE THE FISCAL FEASIBILITY OF REPLACING IN WHOLE OR PART, THE EXISTING
15 PLANTINGS AND VEGETATION IN THE THRUWAY RIGHT-OF-WAY'S MEDIAN STRIPS
16 WITH BIO-FUEL FEEDSTOCK. THE CORNELL COOPERATIVE EXTENSION SERVICE, THE
17 DEPARTMENT OF AGRICULTURE AND MARKETS, AND THE STATE UNIVERSITY OF NEW
18 YORK AND ITS MEMBER CAMPUSES ARE AUTHORIZED AND REQUIRED TO COOPERATE
19 WITH THE PILOT PROGRAM ADMINISTERED BY THE AUTHORITY.
20 2. IN CONSULTATION WITH THE DEPARTMENT OF AGRICULTURE AND MARKETS,
21 CORNELL UNIVERSITY, THE STATE UNIVERSITY OF NEW YORK AT COBLESKILL, AND
22 SUCH OTHER DIVISIONS OF THE STATE UNIVERSITY SYSTEM AS MAY BE NECESSARY
23 OR PRUDENT, THE AUTHORITY SHALL PLANT AT LEAST ONE ACRE OF BIO-FUEL
24 FEEDSTOCK SUCH AS, BUT NOT LIMITED TO, SOY, RAPESEED, JATROPHA, MAHUA,
25 MUSTARD, FLAX, SUNFLOWER, PALM OIL, HEMP, FIELD PENNYCRESS, PONGAMIA
26 PINNATA, OR ALGAE, IN EACH OF THE FIVE FOLLOWING ADMINISTRATIVE ZONES OF
27 THE THRUWAY: THE MAINLINE, ERIE SECTION, NIAGARA SECTION, BERKSHIRE
28 SECTION, AND THE NEW ENGLAND SECTION. THE AUTHORITY SHALL STUDY THE
29 BIO-FUEL FEEDSTOCK PLANTINGS OVER TWO PLANTING, GROWING AND HARVESTING
30 SEASONS IN ORDER TO DETERMINE THE FOLLOWING: (I) THE FISCAL VIABILITY
31 AND SURVIVABILITY OF SUCH FEEDSTOCK AS A CONTINUING SOURCE OF BIO-FUEL,
32 WHEN GROWN IN THE THRUWAY RIGHT-OF-WAY; (II) THE AMOUNT OF LABOR AND
33 EXPENSE NECESSARY TO GROW AND HARVEST SUCH FEEDSTOCK IN THE THRUWAY
34 RIGHT-OF-WAY; (III) THE BIO-FUEL YIELD OF SUCH FEEDSTOCK PER ACRE PLANT-
35 ED; (IV) THE EXPECTED DEMAND FOR SUCH BIO-FUEL BY THE STATE'S DIESEL
36 VEHICLE FLEET; (V) THE EXPECTED REVENUE, OR VALUE OF FUEL, POTENTIALLY
37 ACCRUING TO THE STATE IF THE TOTAL ACREAGE OF THE THRUWAY RIGHT-OF-WAY
38 WAS INTENSIVELY FARMED WITH BIO-FUEL FEEDSTOCK BY A PRIVATE VENDOR OR
39 VENDORS UNDER A REVENUE CONTRACT WITH THE AUTHORITY; AND (VI) SUCH OTHER
40 FACTORS AS MAY BE IN THE PUBLIC INTEREST, AND ARE REASONABLE AND NECES-
41 SARY FOR THE AUTHORITY TO CONSTRUCT A PERMANENT PROGRAM FOR USING THE
42 THRUWAY'S MEDIAN STRIPS FOR BIO-FUEL PRODUCTION AT LITTLE OR NO COST TO
43 THE STATE.
44 3. WITHIN SIXTY DAYS AFTER THE COMPLETION OF SUCH TWO-YEAR PILOT
45 PROGRAM, THE AUTHORITY SHALL REPORT ITS FINDINGS, RECOMMENDATIONS AND
46 LEGISLATIVE SUGGESTIONS TO THE GOVERNOR, TEMPORARY PRESIDENT OF THE
47 SENATE, SPEAKER OF THE ASSEMBLY, AND MINORITY LEADERS OF THE SENATE AND
48 ASSEMBLY, REGARDING INSTITUTING A PERMANENT PROGRAM TO PRODUCE BIO-FUEL
49 FOR SUPPLY TO THE STATE VEHICLE FLEET BY PLANTING THE THRUWAY MEDIAN
50 STRIPS WITH BIO-FUEL FEEDSTOCK, IN PARTNERSHIP WITH ONE OR MORE PRIVATE
51 ENTITIES THAT SHALL PLANT, FARM, HARVEST AND PRODUCE BIO-FUEL FROM SUCH
52 FEEDSTOCK.
53 S 4. Section 377 of the public authorities law, as added by chapter
54 810 of the laws of 1973, is amended to read as follows:
55 S 377. Provision for servicing state vehicles with petroleum, etc. 1.
56 The authority shall have the power to provide and shall provide to
S. 2699 3
1 state-owned or leased motor vehicles, gasoline and other petroleum
2 by-products that are presently provided or will be provided to motor
3 vehicles owned, leased or operated by the authority. The charge for
4 providing such goods and services shall be equal to the cost to provide
5 such to vehicles owned, leased or used by the authority except that a
6 fee may also be charged to cover the necessary operating costs incurred
7 as a result of providing such goods and services. Payment shall be
8 accomplished by charging such cost-back against the centralized services
9 fund established by state finance law section ninety-seven-g.
10 2. THE AUTHORITY SHALL HAVE THE POWER TO PROVIDE AND SHALL PROVIDE TO
11 STATE-OWNED OR LEASED MOTOR VEHICLES, BIO-DIESEL AND OTHER ALTERNATIVE
12 FUEL BYPRODUCTS THAT ARE PRESENTLY PROVIDED OR WILL BE PROVIDED TO THE
13 MOTOR VEHICLES OWNED, LEASED OR OPERATED BY THE AUTHORITY, FROM THE
14 AUTHORITY'S "THRUWAY TO FUELWAY" PILOT PROGRAM ESTABLISHED IN SECTION
15 THREE HUNDRED FIFTY-NINE-B OF THIS TITLE, AND BY ANY PERMANENT SUCCESSOR
16 BIO-FUEL PRODUCTION PROGRAM. THE CHARGE FOR PROVIDING SUCH GOODS AND
17 SERVICES SHALL BE EQUAL TO THE COST TO PROVIDE SUCH GOODS AND SERVICES
18 TO VEHICLES OWNED, LEASED OR USED BY THE AUTHORITY EXCEPT THAT A FEE MAY
19 ALSO BE CHARGED TO COVER THE NECESSARY OPERATING COSTS INCURRED AS A
20 RESULT OF PROVIDING SUCH GOODS AND SERVICES. PAYMENT SHALL BE ACCOM-
21 PLISHED BY CHARGING SUCH COST-BACK AGAINST THE CENTRALIZED SERVICES FUND
22 ESTABLISHED BY SECTION NINETY-SEVEN-G OF THE STATE FINANCE LAW.
23 S 5. The New York State Thruway Authority, as deemed feasible and
24 advisable by the trustees, is authorized and required to expend
25 $1,000,000, or so much thereof as is necessary, for the purpose of
26 carrying out the provisions of this act.
27 S 6. This act shall take effect immediately.
