Senate Bill S1125

2009-2010 Legislative Session

Requires school buses that contract with the NYC department of education to retrofit certain buses with certain equipment

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Archive: Last Bill Status - In Senate Committee Finance 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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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 25, 2010	reported and committed to finance
May 12, 2010	notice of committee consideration - withdrawn
May 03, 2010	notice of committee consideration - requested
Mar 19, 2010	print number 1125a
Mar 19, 2010	amend and recommit to cities
Jan 06, 2010	referred to cities
Jan 26, 2009	referred to cities

Votes

- May 25, 2010 - Committee Vote
  S1125
  
  Aye
  
  4
  
  Nay
  
  0
  
  Aye with Reservations
  
  1
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Committee Vote: May 25, 2010
      
      aye (4)
      
      Huntley
      
      Oppenheimer
      
      Padavan
      
      Perkins
      
      aye wr (1)
      
      Lanza

Bill Amendments

Original

A (Active)

co-Sponsors

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2009-S1125 - Details

Current Committee:: Senate Finance
Law Section:: New York City Administrative Code
Laws Affected:: Amd §19-606, NYC Ad Cd; amd §72-0303, En Con L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S1382
2013-2014: S1221

2009-S1125 - 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.

2009-S1125 - Sponsor Memo

                                 BILL NUMBER:  S1125

 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, and to use
ultra-low sulfur diesel fuel. This bill also eliminates the 6,000 ton
cap on air pollution fees.

 SUMMARY OF PROVISIONS :
Section 1: Amends subdivision g of Section 19-606 of the
administrative code of the city of New York is relettered subdivision
h and a new subdivision g is added to mandate that all buses owned and
operated by bus companies contracting with the New York City
Department of Education to transport pupils to and from school be
retrofitted with diesel oxidation catalysts if built prior to 1995; or
be retrofitted with diesel particulate filters if built January 1,
1995 and after.

Requires such buses to use ultra-low sulfur diesel fuel or clean
diesel. Any alterations required must be completed within two years or
upon entering into or renewing a contract with the New York City
Department of Education, whichever is later.

§2: Amends subdivision 1 of Section 72-0303 of the environmental
conservation law to eliminate the 6,000 ton cap on air pollution fees.

§3: Effective immediately.

 EXISTING LAW :
Currently, subdivision 1 of Section 2-0303 of the Environmental
Conservation Law provides that all sources of regulated air
contaminants pay a fee of $45 per ton, up to 6,000 tons annually, of
each regulated air contaminant.

 JUSTIFICATION :
According to a study recently published by the Natural Resources
Defense Council, the average child riding a school bus is exposed to
levels of diesel pollution that are up to four times greater than
those measured in a passenger car directly in front of the bus, and up
to eight times greater than the average diesel exhaust levels in
outside air.

The harmful health effects of diesel exhaust have been studied and
well-documented for decades. In recent years, an increasing number of
health authorities have recognized the cancer-causing effects of
diesel exhaust; and, aside from its cancer-causing properties, diesel
exhaust is also known to be a major source of fine particles, which
can lodge deep in the lungs and exacerbate asthma, a condition most
prevalent among children and of epidemic proportions in some
neighborhoods in New York City. In addition, smog forming oxides of
nitrogen, or NOx, which are also emitted from diesel engines in mass
quantities, have recently been linked to decreased lung function
growth in children.  Unfortunately, New York City's school buses, a
fleet of over 5000 buses contracted for use by the City Board of
Education from 65 bus companies, run on diesel fuel. Over 300,000 New
York City school children ride on these buses every school day.


In December of 2001, the New York Power Authority agreed to spend $6
million to install pollution control systems on 1,000 city school
buses. The voluntary program would pay for the installation of diesel
particulate filters on newer buses and diesel oxidation catalysts on
older buses, which reduce emissions from buses by more than 90%.  Only
one bus company out of 65 has taken advantage of this program.

In July of 2003, the New York Association of Pupil Transportation
agreed to install these pollution controls on 15,000 buses in the next
three years under an agreement with the federal Environmental
Protection Agency. All the buses eligible for this program are used by
school districts outside New York City.

This legislation will make it mandatory, as a contract condition, for
buses transporting New York City's school children to be retrofitted
with either diesel particulate filters or diesel oxidation catalysts,
and to use ultra-low-sulfur diesel fuel. A reduction in sulfur content
in fuel results in an estimated 10% to 30% reduction in particulate
matter in each instance of use..  Furthermore, this legislation
eliminates the 6,000 ton cap on air pollution fees, generating roughly
$9 million per year in additional air pollution fees. This additional
revenue would pay for the upgrade of 1,800 diesel buses annually.

The 6,000 ton cap is counter-intuitive, a fee should be assessed on
every ton of pollution emitted. The fee on all sources of regulated
air contaminants was established to finance the direct and indirect
costs associated with DEC's operating permit program, in the Division
of Air.

Removing the 6,000 ton ceiling, and thereby requiring polluters to pay
this fee for every ton of pollution, would enable the current fee,
which is used to fund the Department of Environmental Conservation's
Operating Permit Program, to remain intact -- while raising nearly $9
million in additional funds.

 LEGISLATIVE HISTORY :
2007-08:  S.2922A  Referred to Cities

 FISCAL IMPLICATIONS :
This bill would eliminate the 6,000 ton cap on air pollution fees,
generating roughly $9 million per year in additional revenue.

 LOCAL FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
Immediately.

2009-S1125 - Bill Text download pdf

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

                                  1125

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 26, 2009
                               ___________

Introduced by Sens. PERKINS, BRESLIN, DIAZ, DILAN, DUANE, HASSELL-THOMP-
  SON,  KRUEGER,  KRUGER,  MONTGOMERY,  ONORATO,  SAVINO,  SCHNEIDERMAN,
  THOMPSON -- 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.
  2.  Subdivision 1 of section 72-0303 of the environmental conservation
law, as amended by section 1 of part D of chapter 413  of  the  laws  of
1999, 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.
                                                           LBD05467-01-9

S. 1125                             2

submit to the department a fee not to exceed forty-five dollars per  ton
[up  to  six  thousand tons] annually of each regulated air contaminant.
Such fee shall be sufficient to support an appropriation approved by the
legislature  for the direct and indirect costs associated with the oper-
ating permit program established in section  19-0311  of  this  chapter.
Such  fee shall be established by the department and shall be calculated
by dividing the amount of the current year appropriation from the  oper-
ating  permit program account of the clean air fund by the total tons of
emissions of regulated air contaminants that are subject to the  operat-
ing  permit  program  fees  from sources subject to the operating permit
program pursuant to section 19-0311 of this chapter [up to six  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 pursu-
ant 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.

co-Sponsors

View additional co-sponsors

2009-S1125A (ACTIVE) - Details

Current Committee:: Senate Finance
Law Section:: New York City Administrative Code
Laws Affected:: Amd §19-606, NYC Ad Cd; amd §72-0303, En Con L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S1382
2013-2014: S1221

2009-S1125A (ACTIVE) - Summary

2009-S1125A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1125A

 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 :
This is a new bill in the Assembly.

 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.

2009-S1125A (ACTIVE) - Bill Text download pdf

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

                                 1125--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 26, 2009
                               ___________

Introduced by Sens. PERKINS, BRESLIN, DIAZ, DILAN, DUANE, HASSELL-THOMP-
  SON,  KRUEGER,  KRUGER,  MONTGOMERY,  ONORATO,  SAVINO,  SCHNEIDERMAN,
  THOMPSON -- read twice and ordered printed, and  when  printed  to  be
  committed  to  the Committee on Cities -- recommitted to the Committee
  on Cities in accordance with  Senate  Rule  6,  sec.  8  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05467-05-0

S. 1125--A                          2

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
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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Senate Bill S1125

Sponsored By

Archive: Last Bill Status - In Senate Committee Finance Committee

Actions

Votes

May 25, 2010 - Committee Vote

Committee Vote: May 25, 2010

Bill Amendments

co-Sponsors

2009-S1125 - Details

2009-S1125 - Summary

2009-S1125 - Sponsor Memo

2009-S1125 - Bill Text download pdf

co-Sponsors

2009-S1125A (ACTIVE) - Details

2009-S1125A (ACTIVE) - Summary

2009-S1125A (ACTIVE) - Sponsor Memo

2009-S1125A (ACTIVE) - Bill Text download pdf

Comments

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Senate Bill S1125

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Sponsored By

Archive: Last Bill Status - In Senate Committee Finance Committee

Actions

Votes

Bill Amendments

co-Sponsors

2009-S1125 - Details

2009-S1125 - Summary

2009-S1125 - Sponsor Memo

2009-S1125 - Bill Text download pdf

co-Sponsors

2009-S1125A (ACTIVE) - Details

2009-S1125A (ACTIVE) - Summary

2009-S1125A (ACTIVE) - Sponsor Memo

2009-S1125A (ACTIVE) - Bill Text download pdf

Comments