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Assembly Bill A4687

2019-2020 Legislative Session

Relates to exempting contractors from the provisions of the Diesel Emissions Reduction Act 2006

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Archive: Last Bill Status - In Assembly Committee

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2019-A4687 (ACTIVE) - Details

Current Committee:
Assembly Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §19-0323, En Con L
Versions Introduced in 2017-2018 Legislative Session:
A10917

2019-A4687 (ACTIVE) - Summary

Exempts contractors from the provisions of the "Diesel Emissions Reduction Act of 2006"; establishes that heavy duty vehicles used on behalf of state agencies and regional public authorities by contractors do not need to be powered by ultra low sulfur diesel fuel or best available retrofit technology.

2019-A4687 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4687
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 5, 2019
                                ___________
 
 Introduced  by M. of A. TAGUE -- read once and referred to the Committee
   on Environmental Conservation
 
 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   exempting  contractors  from  the  provisions of the "Diesel Emissions
   Reduction Act 2006"

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  1  of  section  19-0323 of the environmental
 conservation law is amended by adding a  new  paragraph  e  to  read  as
 follows:
   E.  "CONTRACTOR" MEANS ANY PERSON OR ENTITY THAT CONTRACTS DIRECTLY OR
 INDIRECTLY WITH A REGULATED ENTITY TO PROVIDE LABOR, SERVICES, MATERIALS
 AND/OR EQUIPMENT ON BEHALF OF THE REGULATED ENTITY.  CONTRACTOR INCLUDES
 BUT  IS  NOT  LIMITED  TO  PRIME  CONTRACTOR,  SUBCONTRACTOR,  AND   ANY
 CONTRACTOR(S) HIRED BY SUCH SUBCONTRACTOR.
   §  2.  Subdivision  2  and  the  opening paragraph of subdivision 3 of
 section 19-0323 of the environmental conservation law, subdivision 2  as
 added  by  chapter  629 of the laws of 2006 and the opening paragraph of
 subdivision 3 as amended by section 1 of part NN of chapter  58  of  the
 laws  of  2018,  are amended and a new subdivision 9 is added to read as
 follows:
   2. Any diesel powered heavy duty vehicle that is owned by, operated by
 [or on behalf of,] or leased by a state agency and  state  and  regional
 public authority shall be powered by ultra low sulfur diesel fuel.
   Any  diesel  powered  heavy duty vehicle that is owned by, operated by
 [or on behalf of,] or leased by a state agency and  state  and  regional
 public  authority with more than half of its governing body appointed by
 the governor shall utilize the best available  retrofit  technology  for
 reducing  the  emission of pollutants. The commissioner shall promulgate
 regulations for the implementation of this subdivision  specifying  that
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06398-01-9

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