senate Bill S1221

2013-2014 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 Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to cities
Jan 09, 2013 referred to cities

Co-Sponsors

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S1221 - Bill Details

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 Sessions:
2011-2012: S1382
2009-2010: S1125A

S1221 - Bill Texts

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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 NUMBER:S1221

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:
2011-12: Referred to Cities
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.

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

                                  1221

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens.  PERKINS,  BRESLIN, DIAZ, DILAN, HASSELL-THOMPSON,
  KRUEGER, MONTGOMERY -- read twice and ordered printed, and when print-
  ed 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02316-01-3

S. 1221                             2

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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