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

                                  1067

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             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.