NY State Senate Bill 2013-S2699

Archive: Last Bill Status - In Senate Committee Transportation 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
Jan 08, 2014	referred to transportation
Jan 23, 2013	referred to transportation

2013-S2699 (ACTIVE) - Details

Current Committee:: Senate Transportation
Law Section:: Public Authorities Law
Laws Affected:: Add §359-b, amd §377, Pub Auth L
Versions Introduced in 2011-2012 Legislative Session:: S3558

2013-S2699 (ACTIVE) - Summary

Enacts the "Thruway to Fuelway" act; establishes a pilot program for bio-fuel production in the thruway right of way and provides that bio-fuel produced as a result of such pilot program shall be provided for servicing state-owned or leased motor vehicles.

2013-S2699 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S2699

TITLE OF BILL:
An act
to amend the public authorities law, in relation to enacting the
"Thruway to Fuelway act"

PURPOSE OR GENERAL IDEA OF BILL:
This bill will create a pilot program for bio-fuel production in the
thruway's rights-of-way.

SUMMARY OF SPECIFIC PROVISIONS:
This bill would amend the public authorities law by adding a new
section 359-b of such law, and by amending section 377 of the public
authorities law by adding a new subdivision 2.

Subdivision 1 of sec. 359-b creates a two-year pilot program to
determine the fiscal feasibility of bio-fuel production in the
thruway's rights of way

Subdivision 2 of sec. 377 extends the thruway's existing authority to
provide fuel to vehicles from other instrumentalities of the state to
include bio-fuels and other alternative fuels.

Section 5 of the bill authorizes and requires the Thruway Authority to
expend up to $1,000,000 on the pilot program.

This act shall take effect immediately.

JUSTIFICATION:
Highway rights-of-way require extensive and often expensive
maintenance. In the case of the 6,000 miles of highway in the state
of Utah, the annual cost fox tending of the median strips currently
planted in ground cover, erosion control and flowering native plants
- is approximately $18 million. Similarly, Ohio spends approximately
$17 million mowing the median strips of its highway rights-of-way.
Like its sister states, New York spends large sums of money to
maintain the median strips of its highways, the most important of
which is the New York State Thruway.

The New York State Thruway (Thruway) has 1,140 miles of median strips,
which are as wide as one quarter of a mile in sections. To maintain a
safe roadway, the Thruway Authority, which administers the Thruway in
the public interest, is required to mow or otherwise tend such
vegetation at a substantial annual cost. With expert input from the
State's cooperative extension service, it would be possible to
replace the existing plantings with bio-fuel crops, some
of which are natively grown in New York, turning the annual median
maintenance expenses into investment in a locally grown fuel source.
Such an investment is consistent with the State's goal of reducing
carbon emissions, and with the important agricultural policy of
avoiding replacing farm acreage devoted to food, with acreage devoted
to fuel, which raises the costs of living for New York working
families.


New York state agencies, authorities and other government entities
annually use countless gallons of diesel fuel, the majority of which
is imported from other countries, and is subject to the
uncontrollable fluctuations of the world crude oil market. However,
bio-diesel, which can be produced from plants natively grown in New
York, can be utilized in standard diesel engines without
modification. The use of such bio-diesel in the State's vehicle fleet
would lower emissions, increase diversity of fuel sources, and
generally improve New York's energy security and economy.

PRIOR LEGISLATIVE HISTORY: None.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE:
This act shall take effect immediately after passage of bill.

2013-S2699 (ACTIVE) - Bill Text download pdf

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

                                  2699

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 23, 2013
                               ___________

Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation

AN ACT to amend the public authorities law, in relation to enacting  the
  "Thruway to Fuelway act"

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

  Section 1. Short title. This act shall be known and may  be  cited  as
the "Thruway to Fuelway act."
  S  2.  Legislative  findings.  (1) The legislature finds that New York
state agencies and authorities  annually  use  millions  of  gallons  of
diesel fuel, the majority of which is imported from other countries, and
is  subject  to  the  uncontrollable fluctuations of the world crude oil
market. However, bio-diesel, which can be produced from plants  natively
grown  in  New  York, can be utilized in standard diesel engines without
modification. The use of such bio-diesel in the  state's  vehicle  fleet
would lower emissions, increase diversity of fuel sources, and generally
improve New York's energy security and economy.
  (2)  The  legislature  further  finds  that the New York State Thruway
("Thruway") has 1,140 miles of median strips, which are as wide as  one-
quarter  of  a  mile  in  sections,  and are currently planted in ground
cover, erosion control vegetation and various native  flowering  plants.
To maintain a safe roadway, the thruway authority, which administers the
thruway  in  the  public  interest, is required to mow or otherwise tend
such vegetation at a substantial annual cost. With expert input from the
state's cooperative extension service, it would be possible  to  replace
the  existing  plantings with bio-fuel crops, some of which are natively
grown in New York, turning the annual median maintenance  expenses  into
investment  in  a  locally  grown  fuel  source.  Such  an investment is
consistent with the state's goal of reducing carbon emissions, and  with
the  important  agricultural  policy  of avoiding replacing farm acreage

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06908-01-3

S. 2699                             2

devoted to food, with acreage devoted to fuel, which raises the costs of
living for New York working families.
  (3)  The  legislature  therefore  declares  that the thruway authority
shall be required to establish a pilot program  to  test  the  financial
feasibility of replacing some or all of the thruway's existing plantings
with  bio-fuel crops, and of using the fuel generated from such crops to
replace some or all of the foreign oil required  by  New  York's  diesel
vehicle fleet.
  S  3.  The  public  authorities law is amended by adding a new section
359-b to read as follows:
  S  359-B.  PILOT  PROGRAM  FOR  BIO-FUEL  PRODUCTION  IN  THE  THRUWAY
RIGHT-OF-WAY.  1. UPON THE EFFECTIVE DATE OF THIS SECTION, THE AUTHORITY
SHALL INITIATE A TWO-YEAR PILOT "THRUWAY TO FUELWAY" PROGRAM TO INVESTI-
GATE THE FISCAL FEASIBILITY OF REPLACING IN WHOLE OR PART, THE  EXISTING
PLANTINGS  AND  VEGETATION  IN  THE THRUWAY RIGHT-OF-WAY'S MEDIAN STRIPS
WITH BIO-FUEL FEEDSTOCK. THE CORNELL COOPERATIVE EXTENSION SERVICE,  THE
DEPARTMENT  OF  AGRICULTURE AND MARKETS, AND THE STATE UNIVERSITY OF NEW
YORK AND ITS MEMBER CAMPUSES ARE AUTHORIZED AND  REQUIRED  TO  COOPERATE
WITH THE PILOT PROGRAM ADMINISTERED BY THE AUTHORITY.
  2.  IN  CONSULTATION  WITH  THE DEPARTMENT OF AGRICULTURE AND MARKETS,
CORNELL UNIVERSITY, THE STATE UNIVERSITY OF NEW YORK AT COBLESKILL,  AND
SUCH  OTHER DIVISIONS OF THE STATE UNIVERSITY SYSTEM AS MAY BE NECESSARY
OR PRUDENT, THE AUTHORITY SHALL PLANT AT  LEAST  ONE  ACRE  OF  BIO-FUEL
FEEDSTOCK  SUCH  AS, BUT NOT LIMITED TO, SOY, RAPESEED, JATROPHA, MAHUA,
MUSTARD, FLAX, SUNFLOWER, PALM OIL,  HEMP,  FIELD  PENNYCRESS,  PONGAMIA
PINNATA, OR ALGAE, IN EACH OF THE FIVE FOLLOWING ADMINISTRATIVE ZONES OF
THE  THRUWAY:  THE  MAINLINE,  ERIE  SECTION, NIAGARA SECTION, BERKSHIRE
SECTION, AND THE NEW ENGLAND SECTION.  THE  AUTHORITY  SHALL  STUDY  THE
BIO-FUEL  FEEDSTOCK  PLANTINGS OVER TWO PLANTING, GROWING AND HARVESTING
SEASONS IN ORDER TO DETERMINE THE FOLLOWING: (I)  THE  FISCAL  VIABILITY
AND  SURVIVABILITY OF SUCH FEEDSTOCK AS A CONTINUING SOURCE OF BIO-FUEL,
WHEN GROWN IN THE THRUWAY RIGHT-OF-WAY; (II) THE  AMOUNT  OF  LABOR  AND
EXPENSE  NECESSARY  TO  GROW  AND  HARVEST SUCH FEEDSTOCK IN THE THRUWAY
RIGHT-OF-WAY; (III) THE BIO-FUEL YIELD OF SUCH FEEDSTOCK PER ACRE PLANT-
ED; (IV) THE EXPECTED DEMAND FOR SUCH BIO-FUEL  BY  THE  STATE'S  DIESEL
VEHICLE  FLEET;  (V) THE EXPECTED REVENUE, OR VALUE OF FUEL, POTENTIALLY
ACCRUING TO THE STATE IF THE TOTAL ACREAGE OF THE  THRUWAY  RIGHT-OF-WAY
WAS  INTENSIVELY  FARMED  WITH BIO-FUEL FEEDSTOCK BY A PRIVATE VENDOR OR
VENDORS UNDER A REVENUE CONTRACT WITH THE AUTHORITY; AND (VI) SUCH OTHER
FACTORS AS MAY BE IN THE PUBLIC INTEREST, AND ARE REASONABLE AND  NECES-
SARY  FOR  THE  AUTHORITY TO CONSTRUCT A PERMANENT PROGRAM FOR USING THE
THRUWAY'S MEDIAN STRIPS FOR BIO-FUEL PRODUCTION AT LITTLE OR NO COST  TO
THE STATE.
  3.  WITHIN  SIXTY  DAYS  AFTER  THE  COMPLETION OF SUCH TWO-YEAR PILOT
PROGRAM, THE AUTHORITY SHALL REPORT ITS  FINDINGS,  RECOMMENDATIONS  AND
LEGISLATIVE  SUGGESTIONS  TO  THE  GOVERNOR,  TEMPORARY PRESIDENT OF THE
SENATE, SPEAKER OF THE ASSEMBLY, AND MINORITY LEADERS OF THE SENATE  AND
ASSEMBLY,  REGARDING INSTITUTING A PERMANENT PROGRAM TO PRODUCE BIO-FUEL
FOR SUPPLY TO THE STATE VEHICLE FLEET BY  PLANTING  THE  THRUWAY  MEDIAN
STRIPS  WITH BIO-FUEL FEEDSTOCK, IN PARTNERSHIP WITH ONE OR MORE PRIVATE
ENTITIES THAT SHALL PLANT, FARM, HARVEST AND PRODUCE BIO-FUEL FROM  SUCH
FEEDSTOCK.
  S  4.  Section  377 of the public authorities law, as added by chapter
810 of the laws of 1973, is amended to read as follows:
  S 377. Provision for servicing state vehicles with petroleum, etc.  1.
The  authority  shall  have  the  power  to provide and shall provide to

S. 2699                             3

state-owned or leased  motor  vehicles,  gasoline  and  other  petroleum
by-products  that  are  presently  provided or will be provided to motor
vehicles owned, leased or operated by  the  authority.  The  charge  for
providing  such goods and services shall be equal to the cost to provide
such to vehicles owned, leased or used by the authority  except  that  a
fee  may also be charged to cover the necessary operating costs incurred
as a result of providing such  goods  and  services.  Payment  shall  be
accomplished by charging such cost-back against the centralized services
fund established by state finance law section ninety-seven-g.
  2.  THE AUTHORITY SHALL HAVE THE POWER TO PROVIDE AND SHALL PROVIDE TO
STATE-OWNED OR LEASED MOTOR VEHICLES, BIO-DIESEL AND  OTHER  ALTERNATIVE
FUEL  BYPRODUCTS  THAT ARE PRESENTLY PROVIDED OR WILL BE PROVIDED TO THE
MOTOR VEHICLES OWNED, LEASED OR OPERATED  BY  THE  AUTHORITY,  FROM  THE
AUTHORITY'S  "THRUWAY  TO  FUELWAY" PILOT PROGRAM ESTABLISHED IN SECTION
THREE HUNDRED FIFTY-NINE-B OF THIS TITLE, AND BY ANY PERMANENT SUCCESSOR
BIO-FUEL PRODUCTION PROGRAM. THE CHARGE FOR  PROVIDING  SUCH  GOODS  AND
SERVICES  SHALL  BE EQUAL TO THE COST TO PROVIDE SUCH GOODS AND SERVICES
TO VEHICLES OWNED, LEASED OR USED BY THE AUTHORITY EXCEPT THAT A FEE MAY
ALSO BE CHARGED TO COVER THE NECESSARY OPERATING  COSTS  INCURRED  AS  A
RESULT  OF  PROVIDING  SUCH  GOODS AND SERVICES. PAYMENT SHALL BE ACCOM-
PLISHED BY CHARGING SUCH COST-BACK AGAINST THE CENTRALIZED SERVICES FUND
ESTABLISHED BY SECTION NINETY-SEVEN-G OF THE STATE FINANCE LAW.
  S 5. The New York State Thruway  Authority,  as  deemed  feasible  and
advisable  by  the  trustees,  is  authorized  and  required  to  expend
$1,000,000, or so much thereof as  is  necessary,  for  the  purpose  of
carrying out the provisions of this act.
  S 6. This act shall take effect immediately.

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Senate Bill S2699

Sponsored By

Archive: Last Bill Status - In Senate Committee Transportation Committee

Actions

2013-S2699 (ACTIVE) - Details

2013-S2699 (ACTIVE) - Summary

2013-S2699 (ACTIVE) - Sponsor Memo

2013-S2699 (ACTIVE) - Bill Text download pdf

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Sponsored By

Kevin S. Parker

Archive: Last Bill Status - In Senate Committee Transportation Committee

Actions

2013-S2699 (ACTIVE) - Details

2013-S2699 (ACTIVE) - Summary

2013-S2699 (ACTIVE) - Sponsor Memo

2013-S2699 (ACTIVE) - Bill Text download pdf

Comments