Assembly Bill A10210A

2009-2010 Legislative Session

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

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Archive: Last Bill Status - In Assembly 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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 19, 2010	print number 10210a
Apr 19, 2010	amend and recommit to education
Mar 11, 2010	referred to education

Bill Amendments

Original

A (Active)

co-Sponsors

multi-Sponsors

View additional multi-sponsors

2009-A10210 - Details

See Senate Version of this Bill:: S1125
Current Committee:: Assembly Education
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: A5596, S1382
2013-2014: S1221

2009-A10210 - 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-A10210 - Sponsor Memo

                                BILL NUMBER:A10210

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  subdivi-
sion  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 docu-
mented  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. Accord-
ing 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  Educa-
tion,  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 cata-
lysts.

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 contam-
inants was established to finance the direct and indirect costs  associ-
ated  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-A10210 - Bill Text download pdf

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

                                  10210

                          I N  A S S E M B L Y

                             March 11, 2010
                               ___________

Introduced by M. of A. KAVANAGH -- read once and referred to the Commit-
  tee on Education

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. The opening paragraph of subdivision 1 of section 72-0303 of the
environmental conservation law, as amended by section 1 of part  BBB  of
chapter 59 of the laws of 2009, is amended to read as follows:
  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 facilities with
total emissions of one thousand or more but less than two thousand  tons

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

                                                           LBD05467-02-0

A. 10210                            2

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 emissions  of  five
thousand or more tons annually]. Such fee shall be sufficient 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  established  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 regulated  air  contam-
inants that are subject to the operating permit program fees from sourc-
es  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 calcu-
lation, 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.
  S 3. This act shall take effect immediately.

co-Sponsors

multi-Sponsors

View additional multi-sponsors

2009-A10210A (ACTIVE) - Details

See Senate Version of this Bill:: S1125
Current Committee:: Assembly Education
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: A5596, S1382
2013-2014: S1221

2009-A10210A (ACTIVE) - Summary

2009-A10210A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A10210A

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  subdivi-
sion  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  addi-
tion,  diesel engines emit smog-forming oxides of nitrogen in mass quan-
tities, 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 Educa-
tion, 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  cata-
lysts.

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 contam-
inants was established to finance the direct and indirect costs  associ-
ated  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-A10210A (ACTIVE) - Bill Text download pdf

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

                                10210--A

                          I N  A S S E M B L Y

                             March 11, 2010
                               ___________

Introduced by M. of A. KAVANAGH, JEFFRIES, MILLMAN -- Multi-Sponsored by
  -- M. of A.  BOYLAND, GLICK, GOTTFRIED, MARKEY, TOWNS -- read once and
  referred  to  the Committee on Education -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

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
submit to the department an annual fee of forty-five dollars per ton [up

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

                                                           LBD05467-06-0

A. 10210--A                         2

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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Assembly Bill A10210A

Sponsored By

Archive: Last Bill Status - In Assembly Committee

Actions

Bill Amendments

co-Sponsors

multi-Sponsors

2009-A10210 - Details

2009-A10210 - Summary

2009-A10210 - Sponsor Memo

2009-A10210 - Bill Text download pdf

co-Sponsors

multi-Sponsors

2009-A10210A (ACTIVE) - Details

2009-A10210A (ACTIVE) - Summary

2009-A10210A (ACTIVE) - Sponsor Memo

2009-A10210A (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

KAVANAGH

Archive: Last Bill Status - In Assembly Committee

Actions

Bill Amendments

co-Sponsors

Hakeem Jeffries

Joan Millman

multi-Sponsors

William Boyland

Deborah Glick

Richard Gottfried

Margaret Markey

2009-A10210 - Details

2009-A10210 - Summary

2009-A10210 - Sponsor Memo

2009-A10210 - Bill Text download pdf

co-Sponsors

Hakeem Jeffries

Joan Millman

Vivian Cook

multi-Sponsors

William Boyland

Deborah Glick

Richard Gottfried

Margaret Markey

2009-A10210A (ACTIVE) - Details

2009-A10210A (ACTIVE) - Summary

2009-A10210A (ACTIVE) - Sponsor Memo

2009-A10210A (ACTIVE) - Bill Text download pdf

Comments