Repeals provisions relating to use of ultra low sulfur diesel fuel and best available technology by the state.

---

S3523-2011 Actions

• Jan 4, 2012: REFERRED TO ENVIRONMENTAL CONSERVATION
• Feb 24, 2011: REFERRED TO ENVIRONMENTAL CONSERVATION

S3523-2011 Memo

BILL NUMBER:S3523

TITLE OF BILL:
An act
to repeal section 19-0323 of the environmental conservation law relating
to use of ultra low sulfur diesel fuel and best available technology by
the state

PURPOSE OR GENERAL IDEA OF BILL:
To repeal section 19-0323 of the Environmental Conservation Law.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 - repeals Section 19-0323 of the Environmental
Conservation Law.

Section 2 - provides that this act shall become effective immediately.

JUSTIFICATION:
Section 19-0323 was enacted in 2006 with all the best
intentions to improve air quality in New York. As it has been
gradually phased in, it has proven to be very expensive for the state
and for businesses providing goods and services to the state, with
continuing onerous record keeping that must be prepared by businesses
and reviewed and saved by the state. The section only applies to
in-state companies, and doesn't apply to thousands of over-the-road
truckers, interstate delivery vehicles and the many vehicles from
out-of-state who travel New York roads. In effect, it does not solve
the problem of air pollution, while singling out New York companies
to make them economically non-competitive with out-of-state
companies. This section has become another expensive unfunded mandate
with limited environmental value, and it is time for the state to
reconsider whether it is appropriate to create burdens for our
businesses and government, and simply pass the costs of such
regulations on without recognizing the terrible costs they place on
our state's economy and our residents who cannot find jobs because
businesses have gone elsewhere.

PRIOR LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
Overall savings to the state and businesses.

EFFECTIVE DATE:
This act shall take effect immediately.

S3523-2011 Text

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

                                    3523

                         2011-2012 Regular Sessions

                              I N  SENATE

                              February 24, 2011
                                 ___________

  Introduced  by  Sen.  RANZENHOFER -- read twice and ordered printed, and
    when printed to be committed to the Committee on Environmental Conser-
    vation

  AN ACT to repeal section 19-0323 of the environmental  conservation  law
    relating  to  use  of  ultra low sulfur diesel fuel and best available
    technology by the state

    THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section  1.  Section  19-0323 of the environmental conservation law is
  REPEALED.
    S 2. This act shall take effect immediately.







   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD07818-01-1