Assembly Bill A5841

2013-2014 Legislative Session

Exempts contractors from the provisions of the Diesel Emissions Reduction Act 2006

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Sponsored By

Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2013-A5841 (ACTIVE) - Details

Current Committee:
Assembly Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §19-0323, En Con L
Versions Introduced in Other Legislative Sessions:
2011-2012: A6682
2015-2016: A6082
2017-2018: A3567

2013-A5841 (ACTIVE) - Summary

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.

2013-A5841 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5841

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              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:

  Section  1.  Subdivision  1  of  section  19-0323 of the environmental
conservation law is amended by adding a  new  paragraph  e  to  read  as
follows:
  E.  "CONTRACTOR" MEANS ANY PERSON OR ENTITY THAT CONTRACTS DIRECTLY OR
INDIRECTLY WITH A REGULATED ENTITY TO PROVIDE LABOR, SERVICES, MATERIALS
AND/OR EQUIPMENT ON BEHALF OF THE REGULATED ENTITY.  CONTRACTOR INCLUDES
BUT  IS  NOT  LIMITED  TO  PRIME  CONTRACTOR,  SUBCONTRACTOR,  AND   ANY
CONTRACTOR(S) HIRED BY SUCH SUBCONTRACTOR.
  S  2.  Subdivision  2  and  the  opening paragraph of subdivision 3 of
section 19-0323 of the environmental conservation law, subdivision 2  as
added  by  chapter  629 of the laws of 2006 and the opening paragraph of
subdivision 3 as amended by section 1 of part EE of chapter  58  of  the
laws  of  2012,  are amended and a new subdivision 9 is added to read as
follows:
  2. Any diesel powered heavy duty vehicle that is owned by, operated by
[or on behalf of,] or leased by a state agency and  state  and  regional
public authority shall be powered by ultra low sulfur diesel fuel.
  Any  diesel  powered  heavy duty vehicle that is owned by, operated by
[or on behalf of,] or leased by a state agency and  state  and  regional
public  authority with more than half of its governing body appointed by
the governor shall utilize the best available  retrofit  technology  for
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

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