senate Bill S922

2013-2014 Legislative Session

Requires cities with populations over 45,000 to incrementally reduce emissions in diesel powered motor vehicles owned by city agencies

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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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Jan 08, 2014 referred to environmental conservation
Jan 09, 2013 referred to environmental conservation

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S922 - Bill Details

See Assembly Version of this Bill:
A271
Current Committee:
Senate Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Add §19-0306-b, En Con L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S2720A, A6379
2009-2010: S4458, A7915

S922 - Bill Texts

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Requires cities with populations over 45,000 to incrementally reduce emissions in diesel powered motor vehicles owned by city agencies; defines terms.

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BILL NUMBER:S922

TITLE OF BILL:
An act
to amend the environmental conservation law, in relation to reducing the
emission of pollutants from diesel fuel-powered motor vehicles owned by
agencies of cities with populations over 45,000

PURPOSE:

The bill will require cities with populations over 45,000 to
incrementally reduce emissions in diesel powered motor vehicles
(trucks, garbage and recycling trucks, buses, construction vehicles,
etc.) owned by city agencies.

SUMMARY OF PROVISIONS:

Section one of the bill adds a new section to environmental
conservation law relating to the use of ultra low sulfur diesel fuel
and best available technology by diesel fuel-powered motor vehicles
in cities with populations over forty-five thousand.

The section requires each diesel fuel-powered motor vehicle owned or
operated by a city agency be powered by ultra low sulfur diesel fuel.
The section establishes a schedule for cities to insure that all
diesel fuel-powered vehicles (having a gross vehicle weight of more
than 8,500 pounds) are either retrofitted with best available
technology or equipped with an engine certified to EPA particulate
matter standards.

The section directs the Commissioner of DEC to determine, and publish
a list of, best available retrofit technologies to be used for each
type of diesel truck, issue a written determination that permits the
use of diesel fuel that has a sulfur content of no more than 30 parts
per million to fulfill the requirements of the legislation, and
provide waivers for localities for which the low sulfur fuel is not
readily available.

It requires a report to the legislature regarding, among other things,
the use of ultra low sulfur diesel fuel and the use of the best
available retrofit technology by city-owned trucks, buses, etc. In
the section there are listed occasions when the provisions will not
apply.
There is a severability clause.

Section two is the enacting clause.

EXISTING LAW:

This legislation adds a new section to Environmental Conservation Law.

JUSTIFICATION:

This legislation is intended to reduce the emission of pollutants in,
and the noise levels of,heavy-duty on- and off-road diesel-powered
trucks like garbage and recycling trucks, buses, and construction
vehicles in New York state's urban areas.


Vehicle emissions pose serious health concerns for those who live and
work in New York cities. These pollutants may result in respiratory
problems, such as aggravated asthma and decreased lung function. In
addition to particulate matter, nitrogen oxides and sulfur oxides,
diesel exhaust contains a number of air toxins, including benzene,
formaldehyde and dioxin. The negative health impacts stemming from
these emissions are especially detrimental to children and the
elderly, the former of whom actually breathe fifty percent more air
per pound of body weight than adults.

What may be most alarming about diesel exhaust is the considerable
evidence that it is a likely carcinogen. In the EPA's Health
Assessment Document for Diesel Engine Exhaust, "diesel exhaust was
classified as likely to be carcinogenic to humans by inhalation at
environmental exposures..." In addition, human epidemiological
studies demonstrate an association between exposure to the exhaust
and increased lung cancer rates in occupational settings.

The connection between vehicle exhaust and asthma is also of great
consequence to New York's cities, which suffer from some of the
highest asthma rates in the country. Studies have concluded that
"routine exposure to dirty air during childhood actually harms lung
development, leading to a permanently reduced ability to breathe" and
that "environmental pollutants... -- including combustion
byproducts... -- may increase the rate of low birth weight babies and
babies with smaller heads, both of which may be linked to lower IQ
and poorer school performance."

We can have cleaner air and quieter, healthier neighborhoods and make
genuine progress toward energy independence -- all by simply using a
cleaner fuel and technology that has been commercialized and refined
over the last 15 years.

LEGISLATIVE HISTORY:

2005-06: S.8015 Serrano Referred to Rules
2007-09 S.3136 Serrano Referred to Environmental Conservation
2010: Senate & Assembly Referred to Environmental Conservation
2011: Senate & Assembly Referred to Environmental Conservation
2012: S.2720A

FISCAL IMPLICATIONS:

To be determined.

LOCAL FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:

The act shall take effect 180 days after becoming a law, with
provisions.

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

                                   922

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen. SERRANO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  reducing  the  emission  of  pollutants from diesel fuel-powered motor
  vehicles owned by agencies of cities with populations over 45,000

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

  Section  1.  The environmental conservation law is amended by adding a
new section 19-0306-b to read as follows:
S 19-0306-B. USE OF ULTRA LOW SULFUR  DIESEL  FUEL  AND  BEST  AVAILABLE
                 RETROFIT  TECHNOLOGY BY DIESEL FUEL-POWERED MOTOR VEHI-
                 CLES IN CITIES WITH POPULATIONS OVER  FORTY-FIVE  THOU-
                 SAND.
  1. DEFINITIONS.  WHEN USED IN THIS SECTION:
  A.  "BEST AVAILABLE RETROFIT TECHNOLOGY" MEANS TECHNOLOGY, VERIFIED BY
THE EPA  OR THE CALIFORNIA AIR RESOURCES BOARD, FOR REDUCING  THE  EMIS-
SION  OF POLLUTANTS THAT ACHIEVES REDUCTIONS IN PARTICULATE MATTER EMIS-
SIONS AT THE HIGHEST CLASSIFICATION LEVEL FOR  DIESEL  EMISSION  CONTROL
STRATEGIES,  AS  SET  FORTH IN SUBDIVISION FOUR OF THIS SECTION, THAT IS
APPLICABLE TO THE PARTICULAR ENGINE AND APPLICATION.    SUCH  TECHNOLOGY
SHALL  ALSO,  AT  A  REASONABLE  COST, ACHIEVE THE GREATEST REDUCTION IN
EMISSIONS OF NITROGEN OXIDES AT SUCH PARTICULATE MATTER REDUCTION  LEVEL
AND  SHALL  IN  NO  EVENT  RESULT  IN A NET INCREASE IN THE EMISSIONS OF
EITHER PARTICULATE MATTER OR NITROGEN OXIDES.
  B. "CITY  AGENCY"  MEANS  A  CITY,  COUNTY,  BOROUGH,  ADMINISTRATION,
DEPARTMENT,  DIVISION,  BUREAU,  BOARD  OR COMMISSION, OR A CORPORATION,
INSTITUTION OR AGENCY OF GOVERNMENT, THE EXPENSES OF WHICH ARE  PAID  IN
WHOLE OR IN PART FROM THE CITY TREASURY.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00541-01-3

S. 922                              2

  C.  "GROSS  VEHICLE  WEIGHT  RATING"  MEANS THE VALUE SPECIFIED BY THE
MANUFACTURER OF A MOTOR VEHICLE  MODEL  AS  THE  MAXIMUM  DESIGN  LOADED
WEIGHT OF A SINGLE VEHICLE OF THAT MODEL.
  D.  "MOTOR  VEHICLE"  MEANS A VEHICLE OPERATED OR DRIVEN UPON A PUBLIC
HIGHWAY WHICH IS PROPELLED BY  ANY  POWER  OTHER  THAN  MUSCULAR  POWER,
EXCEPT ELECTRICALLY-DRIVEN MOBILITY ASSISTANCE DEVICES OPERATED OR DRIV-
EN  BY  A  PERSON  WITH  A DISABILITY, PROVIDED, HOWEVER, THAT THIS TERM
SHALL NOT INCLUDE VEHICLES THAT ARE  SPECIALLY  EQUIPPED  FOR  EMERGENCY
RESPONSE BY CITY FIRE, POLICE, SHERIFF OR RESCUE DEPARTMENTS.
  E.  "PERSON"  MEANS ANY NATURAL PERSON, CO-PARTNERSHIP, FIRM, COMPANY,
ASSOCIATION, JOINT STOCK ASSOCIATION, CORPORATION OR OTHER  LIKE  ORGAN-
IZATION.
  F.  "REASONABLE COST" MEANS THAT SUCH TECHNOLOGY DOES NOT COST GREATER
THAN THIRTY PERCENT MORE THAN OTHER TECHNOLOGY APPLICABLE TO THE PARTIC-
ULAR ENGINE AND APPLICATION THAT FALLS WITHIN  THE  SAME  CLASSIFICATION
LEVEL  FOR  DIESEL EMISSION CONTROL STRATEGIES, AS SET FORTH IN SUBDIVI-
SION FOUR OF THIS SECTION, WHEN CONSIDERING THE COST OF THE  STRATEGIES,
THEMSELVES, AND THE COST OF INSTALLATION.
  G.  "ULTRA LOW SULFUR DIESEL FUEL" MEANS DIESEL FUEL THAT HAS A SULFUR
CONTENT OF NO MORE THAN FIFTEEN PARTS PER MILLION.
  2. A. EACH DIESEL FUEL-POWERED MOTOR VEHICLE OWNED OR  OPERATED  BY  A
CITY AGENCY SHALL BE POWERED BY ULTRA LOW SULFUR DIESEL FUEL.
  B.  DIESEL  FUEL-POWERED  MOTOR VEHICLES HAVING A GROSS VEHICLE WEIGHT
RATING OF MORE THAN EIGHTY-FIVE HUNDRED POUNDS THAT ARE OWNED  OR  OPER-
ATED BY CITY AGENCIES SHALL UTILIZE THE BEST AVAILABLE RETROFIT TECHNOL-
OGY  OR BE EQUIPPED WITH AN ENGINE CERTIFIED TO THE APPLICABLE TWO THOU-
SAND SEVEN EPA STANDARD FOR PARTICULATE MATTER AS SET FORTH  IN  SECTION
86.007-11  OF  TITLE  40  OF  THE  CODE OF FEDERAL REGULATIONS OR TO ANY
SUBSEQUENT EPA STANDARD FOR SUCH POLLUTANT THAT IS AT  LEAST  AS  STRIN-
GENT, PURSUANT TO THE FOLLOWING SCHEDULE:
  (I) 7% OF ALL SUCH MOTOR VEHICLES          BY JANUARY 1, 2015;
  (II) 14% OF ALL SUCH MOTOR VEHICLES        BY JANUARY 1, 2016;
  (III) 30% OF ALL SUCH MOTOR VEHICLES       BY JANUARY 1, 2017;
  (IV) 50% OF ALL SUCH MOTOR VEHICLES        BY JANUARY 1, 2018;
  (V) 70% OF ALL SUCH MOTOR VEHICLES         BY JANUARY 1, 2019;
  (VI) 90% OF ALL SUCH MOTOR VEHICLES        BY JANUARY 1, 2020;
  (VII) 100% OF ALL SUCH MOTOR VEHICLES      BY JULY 1, 2021.
  3.  A. THE COMMISSIONER SHALL MAKE DETERMINATIONS, AND SHALL PUBLISH A
LIST CONTAINING SUCH DETERMINATIONS, AS TO THE BEST  AVAILABLE  RETROFIT
TECHNOLOGY TO BE USED FOR EACH TYPE OF DIESEL FUEL-POWERED MOTOR VEHICLE
TO WHICH THIS SECTION APPLIES. EACH SUCH DETERMINATION SHALL BE REVIEWED
AND  REVISED,  AS NEEDED, ON A REGULAR BASIS, BUT IN NO EVENT LESS OFTEN
THAN ONCE EVERY SIX MONTHS.
  B. THE COMMISSIONER MAY DETERMINE THAT A TECHNOLOGY, WHETHER OR NOT IT
HAS BEEN VERIFIED BY THE EPA OR THE CALIFORNIA AIR RESOURCES BOARD,  MAY
BE  APPROPRIATE  TO TEST, ON AN EXPERIMENTAL BASIS, ON A PARTICULAR TYPE
OF DIESEL FUEL-POWERED MOTOR VEHICLE OWNED OR OPERATED BY A CITY AGENCY.
THE COMMISSIONER MAY AUTHORIZE SUCH TECHNOLOGY TO BE INSTALLED ON UP  TO
FIVE  PERCENT OR TWENTY-FIVE OF SUCH TYPE OF MOTOR VEHICLE, WHICHEVER IS
LESS. ANY MOTOR VEHICLE ON WHICH SUCH TECHNOLOGY  IS  INSTALLED  MAY  BE
COUNTED  FOR  THE  PURPOSE OF MEETING THE REQUIREMENTS OF PARAGRAPH A OF
SUBDIVISION TWO OF THIS SECTION. SUCH TECHNOLOGY SHALL NOT  BE  REQUIRED
TO  BE  INSTALLED  ON OTHER MOTOR VEHICLES OF THE SAME TYPE AND SHALL BE
SUBJECT TO THE PROVISIONS OF PARAGRAPH C OF THIS SUBDIVISION.
  C. NO CITY AGENCY SHALL BE REQUIRED TO REPLACE BEST AVAILABLE RETROFIT
TECHNOLOGY OR EXPERIMENTAL TECHNOLOGY UTILIZED FOR A DIESEL FUEL-POWERED

S. 922                              3

MOTOR VEHICLE IN ACCORDANCE WITH THE PROVISIONS OF THIS  SECTION  WITHIN
THREE  YEARS  OF HAVING FIRST UTILIZED SUCH TECHNOLOGY FOR SUCH VEHICLE,
EXCEPT THAT TECHNOLOGY THAT FALLS WITHIN LEVEL FOUR,  AS  SET  FORTH  IN
SUBDIVISION  FOUR  OF THIS SECTION, SHALL NOT BE REQUIRED TO BE REPLACED
UNTIL IT HAS REACHED THE END OF ITS USEFUL LIFE.
  4. THE CLASSIFICATION LEVELS FOR DIESEL  EMISSION  CONTROL  STRATEGIES
ARE AS FOLLOWS, WITH LEVEL FOUR BEING THE HIGHEST CLASSIFICATION LEVEL:
  A.  LEVEL  FOUR - STRATEGY REDUCES DIESEL PARTICULATE MATTER EMISSIONS
BY EIGHTY-FIVE PERCENT OR GREATER OR REDUCES ENGINE  EMISSIONS  TO  LESS
THAN  OR  EQUAL TO 0.01 GRAMS DIESEL PARTICULATE MATTER PER BRAKE HORSE-
POWER-HOUR;
  B. LEVEL THREE - STRATEGY REDUCES DIESEL PARTICULATE MATTER  EMISSIONS
BY BETWEEN FIFTY AND EIGHTY-FOUR PERCENT;
  C. LEVEL TWO - STRATEGY REDUCES DIESEL PARTICULATE MATTER EMISSIONS BY
BETWEEN TWENTY-FIVE AND FORTY-NINE PERCENT;
  D. LEVEL ONE - STRATEGY REDUCES DIESEL PARTICULATE MATTER EMISSIONS BY
BETWEEN TWENTY AND TWENTY-FOUR PERCENT.
  5.  THE  COMMISSIONER SHALL ISSUE A WRITTEN DETERMINATION THAT PERMITS
THE USE OF DIESEL FUEL THAT HAS A SULFUR CONTENT OF NO MORE THAN  THIRTY
PARTS  PER  MILLION TO FULFILL THE REQUIREMENTS OF THIS SECTION IF ULTRA
LOW SULFUR DIESEL FUEL IS NOT AVAILABLE TO MEET THE NEEDS OF CITY  AGEN-
CIES  TO  FULFILL  THE  REQUIREMENTS OF THIS SECTION. SUCH DETERMINATION
SHALL EXPIRE AFTER SIX MONTHS AND SHALL BE RENEWED IN WRITING EVERY  SIX
MONTHS  IF  SUCH LACK OF AVAILABILITY PERSISTS, BUT IN NO EVENT SHALL BE
IN EFFECT AFTER SEPTEMBER FIRST, TWO THOUSAND FIFTEEN.
  6. THE COMMISSIONER MAY ISSUE A WAIVER FOR THE USE OF ULTRA LOW SULFUR
DIESEL FUEL WHERE A CITY  AGENCY  MAKES  A  WRITTEN  FINDING,  WHICH  IS
APPROVED, IN WRITING, BY THE COMMISSIONER, THAT A SUFFICIENT QUANTITY OF
ULTRA  LOW  SULFUR DIESEL FUEL, OR DIESEL FUEL THAT HAS A SULFUR CONTENT
OF NO MORE THAN THIRTY PARTS PER MILLION WHERE  A  DETERMINATION  IS  IN
EFFECT PURSUANT TO SUBDIVISION FIVE OF THIS SECTION, IS NOT AVAILABLE TO
MEET THE REQUIREMENTS OF THIS SECTION, PROVIDED THAT SUCH AGENCY, TO THE
EXTENT  PRACTICABLE,  SHALL  USE  WHATEVER  QUANTITY OF ULTRA LOW SULFUR
DIESEL FUEL OR DIESEL FUEL THAT HAS A SULFUR CONTENT  OF  NO  MORE  THAN
THIRTY  PARTS PER MILLION IS AVAILABLE FOR ITS DIESEL FUEL-POWERED MOTOR
VEHICLES. ANY WAIVER ISSUED PURSUANT TO THIS  SUBDIVISION  SHALL  EXPIRE
AFTER TWO MONTHS, UNLESS THE CITY AGENCY RENEWS THE FINDING, IN WRITING,
AND THE COMMISSIONER APPROVES SUCH RENEWAL, IN WRITING.
  7.  A.  NOT  LATER  THAN  JANUARY FIRST, TWO THOUSAND SIXTEEN, AND NOT
LATER THAN JANUARY FIRST OF EACH YEAR THEREAFTER, THE COMMISSIONER SHALL
SUBMIT A REPORT TO THE LEGISLATURE REGARDING, AMONG  OTHER  THINGS,  THE
USE  OF  ULTRA  LOW SULFUR DIESEL FUEL AND THE USE OF THE BEST AVAILABLE
RETROFIT TECHNOLOGY BY DIESEL FUEL-POWERED MOTOR VEHICLES OWNED OR OPER-
ATED BY CITY AGENCIES DURING THE IMMEDIATELY  PRECEDING  CALENDAR  YEAR.
THE  INFORMATION  CONTAINED  IN  THE REPORT REQUIRED BY THIS SUBDIVISION
SHALL INCLUDE, BUT NOT BE LIMITED TO, FOR EACH CITY AGENCY:
  (I) THE TOTAL NUMBER OF DIESEL FUEL-POWERED MOTOR  VEHICLES  OWNED  OR
OPERATED BY SUCH AGENCY;
  (II)  THE NUMBER OF SUCH MOTOR VEHICLES THAT WERE POWERED BY ULTRA LOW
SULFUR DIESEL FUEL;
  (III) THE TOTAL NUMBER OF DIESEL FUEL-POWERED MOTOR VEHICLES OWNED  OR
OPERATED  BY  SUCH  AGENCY  HAVING A GROSS VEHICLE WEIGHT RATING OF MORE
THAN EIGHTY-FIVE HUNDRED POUNDS;
  (IV) THE NUMBER OF SUCH MOTOR VEHICLES THAT UTILIZED THE  BEST  AVAIL-
ABLE  RETROFIT TECHNOLOGY, INCLUDING A BREAKDOWN BY MOTOR VEHICLE MODEL,
ENGINE YEAR AND THE TYPE OF TECHNOLOGY USED FOR EACH VEHICLE;

S. 922                              4

  (V) THE NUMBER OF SUCH MOTOR VEHICLES THAT ARE EQUIPPED WITH AN ENGINE
CERTIFIED TO THE APPLICABLE TWO THOUSAND SEVEN EPA STANDARD FOR PARTICU-
LATE MATTER AS SET FORTH IN SECTION 86.007-11 OF TITLE 40 OF THE CODE OF
FEDERAL REGULATIONS OR TO ANY SUBSEQUENT EPA  STANDARD  FOR  PARTICULATE
MATTER THAT IS AT LEAST AS STRINGENT;
  (VI)  THE  NUMBER  OF  SUCH MOTOR VEHICLES THAT UTILIZED TECHNOLOGY IN
ACCORDANCE WITH PARAGRAPH B OF SUBDIVISION THREE OF THIS SECTION AND THE
RESULTS AND ANALYSES REGARDING THE TESTING OF SUCH TECHNOLOGY; AND
  (VII) ALL WAIVERS, FINDINGS, AND RENEWALS  OF  SUCH  FINDINGS,  ISSUED
PURSUANT  TO  SUBDIVISION  SIX  OF THIS SECTION, WHICH, FOR EACH WAIVER,
SHALL INCLUDE, BUT NOT BE LIMITED TO, THE QUANTITY OF DIESEL FUEL NEEDED
TO POWER DIESEL FUEL-POWERED MOTOR VEHICLES OWNED OR  OPERATED  BY  SUCH
AGENCY;  SPECIFIC  INFORMATION  CONCERNING THE AVAILABILITY OF ULTRA LOW
SULFUR DIESEL FUEL OR DIESEL FUEL THAT HAS A SULFUR CONTENT OF  NO  MORE
THAN  THIRTY PARTS PER MILLION WHERE A DETERMINATION IS IN EFFECT PURSU-
ANT TO SUBDIVISION  FIVE  OF  THIS  SECTION;  AND  DETAILED  INFORMATION
CONCERNING  THE  AGENCY'S EFFORTS TO OBTAIN ULTRA LOW SULFUR DIESEL FUEL
OR DIESEL FUEL THAT HAS A SULFUR CONTENT OF NO MORE  THAN  THIRTY  PARTS
PER  MILLION  WHERE A DETERMINATION IS IN EFFECT PURSUANT TO SUBDIVISION
FIVE OF THIS SECTION.
  B. WHERE A DETERMINATION IS IN EFFECT PURSUANT TO SUBDIVISION FIVE  OF
THIS  SECTION,  INFORMATION  REGARDING  DIESEL  FUEL  THAT  HAS A SULFUR
CONTENT OF NO MORE THAN THIRTY PARTS PER MILLION SHALL BE REPORTED WHER-
EVER INFORMATION IS REQUESTED FOR ULTRA LOW SULFUR DIESEL FUEL  PURSUANT
TO PARAGRAPH A OF THIS SUBDIVISION.
  C.  THE  REPORT DUE JANUARY FIRST, TWO THOUSAND SIXTEEN, IN ACCORDANCE
WITH PARAGRAPH A OF THIS SUBDIVISION SHALL ONLY INCLUDE THE  INFORMATION
REQUIRED  PURSUANT  TO  SUBPARAGRAPHS  (I), (II) AND (VII) OF SUCH PARA-
GRAPH.
  8. THIS SECTION SHALL NOT APPLY:
  A. WHERE FEDERAL OR STATE FUNDING PRECLUDES A CITY FROM  IMPOSING  THE
REQUIREMENTS OF THIS SECTION; OR
  B. TO PURCHASES THAT ARE EMERGENCY PROCUREMENTS PURSUANT TO LOCAL LAW.
  9.  IF  ANY SUBDIVISION, PARAGRAPH, CLAUSE, PHRASE OR OTHER PORTION OF
THIS SECTION IS, FOR ANY REASON, DECLARED UNCONSTITUTIONAL  OR  INVALID,
IN WHOLE OR IN PART, BY ANY COURT OF COMPETENT JURISDICTION SUCH PORTION
SHALL  BE  DEEMED  SEVERABLE, AND SUCH UNCONSTITUTIONALITY OR INVALIDITY
SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THIS SECTION,
WHICH REMAINING PORTIONS SHALL CONTINUE IN FULL FORCE AND EFFECT.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law. Effective immediately  the  commissioner  of
environmental  conservation  is  authorized to add, amend, and/or repeal
any rule or regulation necessary for the implementation of this  act  on
its effective date.

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