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

                                  2800

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 21, 2009
                               ___________

Introduced by M. of A. O'DONNELL -- Multi-Sponsored by -- M. of A. ALFA-
  NO -- read once and referred to the Committee on Environmental Conser-
  vation

AN  ACT  to amend the environmental conservation law and the transporta-
  tion law, in relation to the establishment of the  sustainable  trans-
  portation policy task force

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

  Section 1. Paragraph c of subdivision 3 of section 1-0101 of the envi-
ronmental conservation law is amended to read as follows:
  c. Promoting patterns of development [and], technology AND TRANSPORTA-
TION which minimize adverse impact on the environment;
  S 2. Paragraph d of subdivision 1 of section 5-0107  of  the  environ-
mental conservation law is amended to read as follows:
  d.  Serve  as  a  working  forum  for the exchange of views, concerns,
ideas, information and recommendations relating to the  quality  of  the
environment  AND SUSTAINABILITY PLANNING AS IT RELATES TO TRANSPORTATION
POLICY, INCLUDING BUT NOT LIMITED TO  DEVELOPMENT  OF  A  VARIABLE  TOLL
STRUCTURE THAT WILL TAKE INTO ACCOUNT A VEHICLE'S FUEL EFFICIENCY, EMIS-
SIONS RATING, WEAR AND TEAR ON ROADS, AND ANY OTHER RELEVANT FACTOR.
  S  3.  The  environmental  conservation law is amended by adding a new
article 50 to read as follows:
                               ARTICLE 50
              SUSTAINABLE TRANSPORTATION POLICY TASK FORCE
SECTION 50-0101. SUSTAINABLE TRANSPORTATION POLICY TASK FORCE.
        50-0103. TASK FORCE COMPOSITION.
        50-0105. POWERS AND DUTIES OF THE TASK FORCE.
S 50-0101. SUSTAINABLE TRANSPORTATION POLICY TASK FORCE.
  1. THE SUSTAINABLE TRANSPORTATION POLICY TASK FORCE IS  HEREBY  ESTAB-
LISHED. THE ROLE OF THE TASK FORCE SHALL INCLUDE, BUT NOT BE LIMITED TO,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00085-01-9

              

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CONDUCTING  AN  IN-DEPTH  EXAMINATION  OF ISSUES RELATED TO THE ENVIRON-
MENTAL IMPACT OF TRANSPORTATION POLICIES AND PRACTICES INCLUDING:
  A.  ASSESSING  THE  POTENTIAL  IMPACTS  OF TRANSPORTATION POLICIES AND
PRACTICES ON THE CITIZENS, NATURAL RESOURCES, AND ECONOMY OF THE  STATE.
SUCH  RESEARCH  SHALL  INCLUDE IMPACTS VARIOUS TYPES OF VEHICLES HAVE IN
REGARDS TO COSTS AND FUEL EFFICIENCY IN RELATION TO THE WEAR  PLACED  ON
THE ROADWAYS;
  B. EVALUATE A METHOD WHERE HIGHER TOLLS MAY BE CHARGED FOR THE HEAVIER
AND  MORE  INEFFICIENT  VEHICLES TRAVELING ON THE STATE'S ROADWAYS. SUCH
METHOD MAY INCLUDE A SYSTEM REQUIRING VEHICLE REGISTRATION TO  DESIGNATE
A  TIERED  CLASS,  TAKING  INTO  ACCOUNT  WEIGHT,  EMISSION  RATING  AND
GAS-MILEAGE EFFICIENCY; AND
  C. IDENTIFYING AND EVALUATING STRATEGIES  FOR  APPLYING  ENVIRONMENTAL
SUSTAINABILITY CONCEPTS AND ANALYSIS TO THE STATE'S TRANSPORTATION POLI-
CY.
  2.  THE  TASK  FORCE SHALL DEVELOP A SUSTAINABLE TRANSPORTATION POLICY
ACTION PLAN THAT WILL PROVIDE RECOMMENDATIONS FOR CHANGES TO THE  EXIST-
ING  VEHICLE REGISTRATION FEE STRUCTURE AND TOLL STRUCTURE FOR HIGHWAYS,
BRIDGES AND TUNNELS. SUCH RECOMMENDATIONS WILL TAKE INTO ACCOUNT VEHICLE
WEIGHTS, EMISSION  RATINGS,  FUEL  EFFICIENCY  AND  ANY  OTHER  RELEVANT
FACTORS.  RECOMMENDED  CHANGES  ARE  DESIGNED  TO  ACHIEVE THE FOLLOWING
GOALS:
  A. EQUITABLE CONTRIBUTION TO USE, WEAR AND TEAR,  AND  MAINTENANCE  OF
ROADS; AND
  B.  CREATE  ADDITIONAL INCENTIVES FOR THE PURCHASE AND USE OF VEHICLES
WITH LOWER EMISSIONS AND GREATER FUEL EFFICIENCY.
S 50-0103. TASK FORCE COMPOSITION.
  1. THE TASK FORCE SHALL INCLUDE THE COMMISSIONER, THE COMMISSIONER  OF
TRANSPORTATION,  THE  COMMISSIONER OF MOTOR VEHICLES, THE CHAIRPERSON OF
THE METROPOLITAN TRANSPORTATION AUTHORITY,  A  REPRESENTATIVE  FROM  THE
BOARD  OF  COMMISSIONERS  FOR  THE  PORT  AUTHORITY  OF NEW YORK AND NEW
JERSEY, AND A REPRESENTATIVE FROM THE BOARD OF THE NEW YORK STATE  THRU-
WAY AUTHORITY.
  2.  THE  COMMISSIONER  OR  HIS  OR HER DESIGNATED REPRESENTATIVE SHALL
SERVE AS CHAIRPERSON OF THE TASK FORCE.
  3. FOR THE PURPOSES OF THIS SECTION, THE  NON-GOVERNMENTAL  APPOINTEES
SHALL  BE  CONSIDERED OFFICERS OR EMPLOYEES OF PUBLIC ENTITIES AND SHALL
BE AFFORDED SUCH DEFENSE AND INDEMNIFICATION PROVIDED UNDER  THE  PUBLIC
OFFICERS LAW.
  4.  THE  MEMBERS  OF  THE TASK FORCE SHALL RECEIVE NO COMPENSATION FOR
THEIR SERVICES, BUT SHALL BE ALLOWED THEIR ACTUAL AND NECESSARY EXPENSES
INCURRED IN THE PERFORMANCE OF THEIR DUTIES.
  5. NO APPOINTED MEMBER OF THE  TASK  FORCE  SHALL  BE  AN  ELECTED  OR
APPOINTED PUBLIC OFFICER.
S 50-0105. POWERS AND DUTIES OF THE TASK FORCE.
  1.  THE TASK FORCE SHALL MEET QUARTERLY, AND AT THE CALL OF THE CHAIR-
PERSON.
  2. THE TASK FORCE  MAY  CONSULT  WITH  ANY  ORGANIZATION,  EDUCATIONAL
INSTITUTION, OTHER GOVERNMENT ENTITY OR AGENCY OR PERSON IN THE DEVELOP-
MENT OF ITS RECOMMENDATIONS.
  3.  THE  DEPARTMENT SHALL PROVIDE THE TASK FORCE WITH SUCH FACILITIES,
ASSISTANCE AND DATA AS WILL ENABLE THE  TASK  FORCE  TO  CARRY  OUT  ITS
POWERS  AND  DUTIES.  ADDITIONALLY,  ALL  OTHER AGENCIES OF THE STATE OR
SUBDIVISIONS THEREOF SHALL, AT THE REQUEST OF THE  CHAIRPERSON,  PROVIDE
THE  TASK FORCE WITH SUCH FACILITIES, ASSISTANCE, AND DATA TO ENABLE THE
TASK FORCE TO CARRY OUT ITS POWERS AND DUTIES.

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  4. WITHIN TWELVE MONTHS OF THE EFFECTIVE DATE  OF  THIS  ARTICLE,  THE
TASK  FORCE  SHALL ISSUE A SUSTAINABLE TRANSPORTATION POLICY ACTION PLAN
AS PROVIDED FOR IN SUBDIVISION 2 OF SECTION 50-0101 OF THIS  ARTICLE  TO
THE  GOVERNOR,  THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF
THE ASSEMBLY.
  S  4.  Section 14 of the transportation law is amended by adding a new
subdivision 36 to read as follows:
  36. TO IMPLEMENT, IN CONSULTATION WITH THE DEPARTMENT OF ENVIRONMENTAL
CONSERVATION, THE PROVISIONS  OF  ARTICLE  FIFTY  OF  THE  ENVIRONMENTAL
CONSERVATION  LAW  IN  RELATION TO THE SUSTAINABLE TRANSPORTATION POLICY
TASK FORCE AND ACTION PLAN.
  S 5. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that effective immediate-
ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
necessary  for  the  implementation of this act on its effective date is
authorized and directed to be made  and  completed  on  or  before  such
effective date.