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.
STATE OF NEW YORK
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5841
2013-2014 Regular Sessions
IN ASSEMBLY
March 7, 2013
___________
Introduced by M. of A. P. LOPEZ, BLANKENBUSH, CROUCH, OAKS, PALMESANO,
CORWIN -- Multi-Sponsored by -- M. of A. BARCLAY, GARBARINO, HAWLEY,
McDONOUGH, McLAUGHLIN -- 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 EE of chapter 58 of the
13 laws of 2012, 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07324-01-3
A. 5841 2
1 regulations for the implementation of this subdivision specifying that
2 all vehicles covered by this subdivision shall have best available
3 retrofit technology on or before December 31, 2013.
4 9. Contractors of this state shall be exempt from the provisions of
5 this section.
6 § 3. This act shall take effect on the one hundred eightieth day after
7 it shall have become a law.
