Requires alternative fuels to be available for public use along the New York state thruway after November 1, 2012 and to provide each recommended alternative fuel at least every one hundred twenty miles on both sides of the thruway; defines "alternative fuel".
TITLE OF BILL: An act to amend the energy law and the public authorities law, in relation to the availability of alternative fuels along the New York state thruway
PURPOSE OR GENERAL IDEA OF BILL: The intent of this bill is to make alternative fuels available to commuters who use the Thruway.
SUMMARY OF SPECIFIC PROVISIONS: This legislation would require the New York State Thruway Authority to provide an alternative fuel refueling station for use by the public and to provide each recommended alternative fuel at least every 120 miles on both sides of the New York State Thruway. The New York State Energy Research and Development Authority would assist the Thruway Authority in selecting appropriate alternative fuels, which could include ethanol, methanol, natural gas, propane, electricity (including electricity from solar energy), and hydrogen. Amends Sections 1-103 and adds a new Section 5-129 to the Energy Law and amends Section 354 of the Public Authorities Law.
JUSTIFICATION: Increased use of alternative fuels is desirable from the energy, environmental, and economic perspectives. Use of alternative fuels by public fleets is going to be required by both the National Energy Policy Act and the Clean Air Act. The transportation sector of New York State's economy has made the least progress in reducing its energy consumption and its reliance on oil. For reasons of economic security and environmental protection, New York State must commit itself to developing non-oil-based fuels for transportation. A number of feasible alternatives to gasoline have been developed; however, they have not been widely distributed in the marketplace. Requiring the development and increased use of alternative fuels at refueling stations operated by the New York State Thruway Authority will expedite the entry of such fuels into the general market.
The Thruway Authority is implementing many capital improvements to its rest areas and fuel stations along the Thruway. Remodeling an existing fuel station or constructing a new one to accommodate the sale of alternative fuels is consistent with the ability of the Authority to provide quality services to its customers.
PRIOR LEGISLATIVE HISTORY: 2009-2010: S.1938B/A.8466B - Reported to Finance 2007-2008: S.1988 Referred to Energy and Telecommunications 2005-2006: S.643 Referred to Energy and Telecommunications 2001-2002: A.9116 Passed Assembly 1999-2000: A.828O Passed Assembly 1998: A.7540 Died in Assembly Ways & Means Committee 1997: A.7540 Died in Assembly Energy Committee 1996: A.6753-B Died in Assembly Ways & Means Committee 1995: A.6753-A Died in Assembly Ways & Means Committee 1994: A.10032 Died in Assembly Ways & Means Committee
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None. Capital projects are bonded and repaid through tolls.
EFFECTIVE DATE: Immediately.
STATE OF NEW YORK ________________________________________________________________________ 1067 2011-2012 Regular Sessions IN SENATE January 5, 2011 ___________Introduced by Sens. PARKER, BONACIC, DILAN, HASSELL-THOMPSON, KRUEGER, PERKINS, SERRANO -- read twice and ordered printed, and when printed to be committed to the Committee on Energy and Telecommunications AN ACT to amend the energy law and the public authorities law, in relation to the availability of alternative fuels along the New York state thruway THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 1-103 of the energy law is amended by adding a new subdivision 14 to read as follows: 14. "ALTERNATIVE FUEL" SHALL MEAN ETHANOL, METHANOL, NATURAL GAS, PROPANE, ELECTRICITY (INCLUDING ELECTRICITY FROM SOLAR ENERGY), HYDRO- GEN, AND ANY OTHER FUEL IDENTIFIED WHICH IS SUBSTANTIALLY NOT PETROLE- UM-BASED, WHICH IS CONSISTENT WITH THE GOALS OF PROTECTING THE SAFETY AND HEALTH OF THE PUBLIC AND MINIMIZING EMISSIONS OF AIR POLLUTANTS, AND WHICH IS CONSISTENT WITH ANY APPLICABLE FEDERAL ALTERNATIVE FUEL REQUIREMENTS. S 2. The energy law is amended by adding a new section 5-129 to read as follows: S 5-129. ALTERNATIVE FUELS. STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY SHALL PROVIDE THE NEW YORK STATE THRUWAY AUTHORITY WITH A LIST OF THE MOST FEASIBLE ALTERNATIVE FUELS, WHICH SHALL NUMBER NO FEWER THAN THREE, AND ASSIST THE AUTHORITY IN IMPLEMENTING THE REQUIREMENTS OF SECTION THREE HUNDRED FIFTY-FOUR OF THE PUBLIC AUTHORITIES LAW. S 3. Subdivision 10 of section 354 of the public authorities law, as amended by chapter 766 of the laws of 1992, is amended to read as follows: 10. To construct, reconstruct or improve on or along the thruway system in the manner herein provided, suitable facilities for gas stations, restaurants, and other facilities for the public, or to lease the right to construct, reconstruct or improve and operate such facili-EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02117-01-1 S. 1067 2
ties; such facilities shall be publicly offered for leasing for opera- tion, or the right to construct, reconstruct or improve and operate such facilities shall be publicly offered under rules and regulations to be established by the authority, provided, however, that lessees operating such facilities at the time this act becomes effective, may reconstruct or improve them or may construct additional like facilities, in the manner and upon such terms and conditions as the board shall determine; and provided further, however, that such facilities constructed, recon- structed or improved on or along the canal system shall be consistent with the canal recreationway plan approved pursuant to section one hundred thirty-eight-c of the canal law and section three hundred eight- y-two of this title; AND PROVIDED FURTHER, HOWEVER, THAT EACH SUCH FACILITY WHICH CONTAINS OR CONSISTS OF A GAS STATION SHALL, BEGINNING NOVEMBER FIRST, TWO THOUSAND TWELVE, INCLUDE A FACILITY FOR SELLING TO THE PUBLIC AN ALTERNATIVE FUEL, AS DEFINED IN SECTION 1-103 OF THE ENER- GY LAW AND EACH ALTERNATIVE FUEL RECOMMENDED TO THE AUTHORITY BY THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY PURSUANT TO SECTION 5-129 OF THE ENERGY LAW SHALL BE MADE AVAILABLE AT INTERVALS OF NO MORE THAN ONE HUNDRED TWENTY MILES ON EACH SIDE OF THE THRUWAY; S 4. This act shall take effect immediately.