Assembly Bill A6682

2011-2012 Legislative Session

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

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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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2011-A6682 (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:
2013-2014: A5841
2015-2016: A6082
2017-2018: A3567

2011-A6682 (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.

2011-A6682 (ACTIVE) - Bill Text download pdf 

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

                                  6682

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             March 24, 2011
                               ___________

Introduced by M. of A. P. LOPEZ -- read once and referred to the Commit-
  tee 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, as added by chap-
ter  629  of  the  laws  of 2006, 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
regulations for the implementation of this subdivision specifying proce-
dures for compliance according to the following schedule:
  9. CONTRACTORS OF THIS STATE SHALL BE EXEMPT FROM  THE  PROVISIONS  OF
THIS SECTION.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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