Assembly Bill A3567

2017-2018 Legislative Session

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

download bill text pdf

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Archive: Last Bill Status - Stricken

  • 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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2017-A3567 (ACTIVE) - Details

Law Section:
Environmental Conservation Law
Laws Affected:
Amd §19-0323, En Con L
Versions Introduced in Other Legislative Sessions:
2011-2012: A6682
2013-2014: A5841
2015-2016: A6082

2017-A3567 (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.

2017-A3567 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3567
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2017
                                ___________
 
 Introduced  by M. of A. LOPEZ -- 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.
   §  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 subdivision 3 as amended by
 section 1 of part X of chapter 58 of the laws of 2016, 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 that
 all vehicles covered by  this  subdivision  shall  have  best  available
 retrofit technology on or before December 31, 2017.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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