S T A T E   O F   N E W   Y O R K
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                                 997--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 22, 2009
                               ___________

Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Education  --  recom-
  mitted to the Committee on Education 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 education law, in relation to required use of  biod-
  iesel fuel blends in school buses

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

  Section 1.  Legislative  intent.  The  legislature  hereby  finds  and
declares  that school buses operating on diesel fuels transport millions
of New York children daily. Children's bodies are  uniquely  susceptible
to  toxins.  Studies  have  shown  that diesel fumes contain particulate
matter which can trigger asthma attacks and other  respiratory  ailments
in children and that levels of diesel fumes are up to four times greater
inside a bus than ambient levels.
  The  legislature  further  finds  and  declares that diesel exhaust is
classified as a probable human carcinogen by many governmental  authori-
ties  including  the state attorney general. In addition, dark particles
from diesel fuel have been found embedded in glacial ice contributing to
rapid melting of polar ice.
  Therefore, the legislature finds and declares that it is in the inter-
est of the citizens of this state to reduce the use of diesel  fuels  by
the  many  school  buses  used  to  transport children in this state and
increase the use of alternative low emission fuels.
  S 2. This act shall be known and may be cited as  the  "cleaner  fuels
school bus act".
  S  3.  Section  3623  of  the education law is amended by adding a new
subdivision 3 to read as follows:
  3. A. THE COMMISSIONER OF  TRANSPORTATION  IN  CONSULTATION  WITH  THE
COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS REQUIRING ALL OWNERS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06868-03-0
              

S. 997--A                           2

OF  SCHOOL  BUSES,  AS  DEFINED  IN SECTION ONE HUNDRED FORTY-TWO OF THE
VEHICLE AND TRAFFIC LAW, TO REPLACE OR RETROFIT DIESEL OPERATED VEHICLES
TO BE CAPABLE OF OPERATING ON A TWENTY PERCENT OR GREATER BLEND OF BIOD-
IESEL FUEL AS DEFINED IN THIS SUBDIVISION, SUCH REPLACEMENT OR RETROFIT-
TING  TO COMMENCE NO LATER THAN ONE HUNDRED EIGHTY DAYS AFTER THE EFFEC-
TIVE DATE OF THIS SUBDIVISION.
  B. FOR THE PURPOSES OF THIS SUBDIVISION,  "BLEND  OF  BIODIESEL  FUEL"
SHALL  MEAN  A  RENEWABLE,  BIODEGRADABLE,  MONO ALKYL ESTER COMBUSTIBLE
LIQUID FUEL DERIVED FROM AGRICULTURAL PLANT OILS, ANIMAL FATS  OR  WASTE
RESTAURANT GREASE OR OILS.
  S  4. This act shall take effect one year after it shall have become a
law.