senate Bill S1382

Requires school buses that contract with the N.Y. city department of education to retrofit certain buses with certain equipment

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 07 / Jan / 2011
    • REFERRED TO CITIES
  • 04 / Jan / 2012
    • REFERRED TO CITIES

Summary

Requires school buses that contract with the NYC department of education to retrofit certain buses with certain equipment; requires that all buses used to provide transportation services to students pursuant to a service contract with the NYC department of education use ultra-low sulfur fuel or "clean diesel"; eliminates the cap on air pollution fees.

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Bill Details

See Assembly Version of this Bill:
A5596
Versions:
S1382
Legislative Cycle:
2011-2012
Current Committee:
Senate Cities
Law Section:
New York City Administrative Code
Laws Affected:
Amd §19-606, NYC Ad Cd; amd §72-0303, En Con L
Versions Introduced in Previous Legislative Cycles:
2009-2010: S1125A, A10210A, S1125
2007-2008: S2922A, S2922A

Sponsor Memo

BILL NUMBER:S1382

TITLE OF BILL:
An act
to amend the administrative code of the city of New York, in relation to
contracts with school bus companies; and to amend the
environmental conservation law, in relation to eliminating the cap
on air pollution fees

PURPOSE:
To require that buses transporting New York City's public
school children be retrofitted with either diesel particulate filters
or diesel oxidation catalysts, whichever is appropriate. This bill
also eliminates the per-ton fee cap for facilities emitting regulated
air contaminants.

SUMMARY OF PROVISIONS:
Section 1 of the bill would re-letter
subdivision g of section 19-606 of the administrative code of New
York City as subdivision h and add a new subdivision g that would
require any school bus company providing services to students under
contract with the City Department of Education to install diesel
oxidation catalysts or diesel particulate filters and to use
ultra-low sulfur fuel. Installation of the diesel emissions devices
would be required within two years of the bill's effective date, or
upon entering into or renewing a contract with the department,
whichever is later.

Section 2 of the bill would amend subdivision 1 of Section 72-0303 of
the environmental conservation law to eliminate the per-ton fee cap
for facilities emitting regulated air contaminants.

Section 3 of the bill sets forth the effective date.

JUSTIFICATION:

The harmful health effects of diesel exhaust have been studied and
documented for decades, and an increasing number of health
authorities have recognized diesel exhaust as a potential carcinogen.
Diesel exhaust is also known as a major source of fine particles,
which can exacerbate asthma, a condition most prevalent among
children and of epidemic proportions in many neighborhoods of New
York City. In addition, diesel engines emit smog-forming oxides of
nitrogen in mass quantities, which have been linked to decreased lung
function growth in children. According to a 2004 study by the
American Lung Association in metropolitan Chicago, schoolchildren on
a conventional diesel school bus are exposed to up to five times as
much diesel emission as they would encounter on a retrofitted bus
that uses ultra-low-sulfur fuel.

New York City's more than 5,000 school buses, which are owned by over 50
bus companies that have contracted with the City Department of
Education, run on diesel fuel. Over 300,000 New York City school
children ride these buses every school day. In 2001, the New York
Power Authority initiated a $6 million program to install pollution
control systems in city school buses, and has since retrofitted over
1,500 to 2,000 school buses. The voluntary program pays to install
diesel particulate filters on newer buses and diesel oxidation
catalysts on older buses, reducing diesel bus emissions by more than
90%. This legislation would make it mandatory for buses transporting
New York City's school children to have either retrofitted diesel
particulate filters or diesel oxidation catalysts.

This legislation would also eliminate the per-ton cap on air pollution
fees, generating several million dollars per year in additional air
pollution fees collected. The fee on sources of regulated air
contaminants was established to finance the direct and indirect costs
associated with the Department of Environmental Conservation's
operating permit program.

LEGISLATIVE HISTORY:
2009-10: Referred to Cities

IMPACT ON THE STATE:
Eliminating the per-ton cap on air pollution fees
would generate. additional revenue for the State.

EFFECTIVE DATE:
This bill shall take effect immediately.

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

                                  1382

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 7, 2011
                               ___________

Introduced by Sens. PERKINS, BRESLIN, DIAZ, DILAN, DUANE, HASSELL-THOMP-
  SON,  KRUEGER,  KRUGER,  MONTGOMERY -- read twice and ordered printed,
  and when printed to be committed to the Committee on Cities

AN ACT to amend the administrative code of the  city  of  New  York,  in
  relation  to  contracts  with  school  bus companies; and to amend the
  environmental conservation law, in relation to eliminating the cap  on
  air pollution fees

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

  Section 1. Subdivision g of section 19-606 of the administrative  code
of  the  city of New York is relettered subdivision h and a new subdivi-
sion g is added to read as follows:
  G. 1. ANY BUS USED TO PROVIDE SERVICES TO STUDENTS IN CONNECTION  WITH
A SERVICE CONTRACT WITH THE NEW YORK CITY DEPARTMENT OF EDUCATION SHALL:
  (I)  IF  BUILT  PRIOR  TO NINETEEN HUNDRED NINETY-FIVE, BE RETROFITTED
WITH DIESEL OXIDATION CATALYSTS;
  (II) IF BUILT ON OR AFTER JANUARY FIRST, NINETEEN HUNDRED NINETY-FIVE,
BE RETROFITTED WITH DIESEL PARTICULATE FILTERS; AND
  (III) USE ULTRA-LOW SULFUR FUEL OR "CLEAN DIESEL" CONTAINING NOT  MORE
THAN 15 PPM OF SULFUR.
  2.  ANY  ALTERATION  REQUIRED  PURSUANT  TO  THIS SUBDIVISION SHALL BE
COMPLETED (I) WITHIN TWO YEARS OF THE EFFECTIVE DATE OF THIS SUBDIVISION
OR (II) UPON ENTERING INTO OR RENEWING A CONTRACT WITH THE NEW YORK CITY
DEPARTMENT OF EDUCATION, WHICHEVER IS LATER.
  S 2. Subdivision 1 of section 72-0303 of the  environmental  conserva-
tion  law,  as amended by section 1 of part D of chapter 413 of the laws
of 1999, the opening paragraph as amended by section 1 of  part  BBB  of
chapter 59 of the laws of 2009, is amended to read as follows:
  1.  Commencing  January  first, nineteen hundred ninety-four and every
year thereafter all sources of  regulated  air  contaminants  identified
pursuant  to  subdivision  one  of section 19-0311 of this chapter shall

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00818-01-1

S. 1382                             2

submit to the department an annual fee of forty-five dollars per ton [up
to seven thousand tons] annually of each regulated  air  contaminant  as
follows:  forty-five dollars per ton for facilities with total emissions
less  than one thousand tons annually; fifty dollars per ton for facili-
ties with total emissions of one thousand or  more  but  less  than  two
thousand  tons  annually; fifty-five dollars per ton for facilities with
total emissions of two thousand or more but less than five thousand tons
annually; and sixty-five dollars per ton for facilities with total emis-
sions of five thousand or more tons annually. Such fee shall  be  suffi-
cient  to  support  an appropriation approved by the legislature for the
direct and indirect costs associated with the operating  permit  program
established in section 19-0311 of this chapter. Such fee shall be estab-
lished  by the department and shall be calculated by dividing the amount
of the current year appropriation  from  the  operating  permit  program
account  of  the  clean air fund by the total tons of emissions of regu-
lated air contaminants that are subject to the operating permit  program
fees  from  sources  subject to the operating permit program pursuant to
section 19-0311 of this chapter [up to seven thousand tons] annually  of
each  regulated  air  contaminant  from  each  source; provided that, in
making such calculation, the department shall adjust  their  calculation
to  account  for  any deficit or surplus in the operating permit program
account of the clean air fund established pursuant  to  section  ninety-
seven-oo  of  the  state finance law; any loan repayment from the mobile
source account of the clean air fund  established  pursuant  to  section
ninety-seven-oo  of the state finance law; and the rate of collection by
the department of the bills issued for the fee for the prior year.
  Notwithstanding the provisions of the state  administrative  procedure
act, such calculation and fee shall be established as a rule by publica-
tion  in  the  Environmental  Notice  Bulletin no later than thirty days
after the budget bills making appropriations for the support of  govern-
ment are enacted or July first, whichever is later, of the year such fee
will  be  effective. In no event shall the fee established herein be any
greater than the maximum fee identified pursuant to this section.
  S 3. This act shall take effect immediately.

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