S T A T E O F N E W Y O R K
________________________________________________________________________
1180--B
2025-2026 Regular Sessions
I N S E N A T E
January 8, 2025
___________
Introduced by Sens. GIANARIS, BRISPORT, FERNANDEZ, GONZALEZ, GOUNARDES,
HARCKHAM, HINCHEY, HOYLMAN-SIGAL, KRUEGER, MAY, MYRIE, RAMOS, SALAZAR,
SKOUFIS, WEBB -- read twice and ordered printed, and when printed to
be committed to the Committee on Environmental Conservation -- commit-
tee discharged, bill amended, ordered reprinted as amended and recom-
mitted to said committee -- reported favorably from said committee and
committed to the Committee on Finance -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the environmental conservation law, in relation to
establishing an indirect source review for certain warehouse oper-
ations
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 19-0333 to read as follows:
§ 19-0333. INDIRECT SOURCE REVIEW FOR HEAVY DISTRIBUTION WAREHOUSES.
1. AS USED IN THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE FOLLOW-
ING MEANINGS:
A. "AFFILIATE" MEANS, WITH RESPECT TO ANY SPECIFIED PERSON, A PERSON
THAT DIRECTLY, OR INDIRECTLY THROUGH ONE OR MORE INTERMEDIARIES,
CONTROLS, IS CONTROLLED BY, OR IS UNDER COMMON CONTROL WITH SUCH PERSON.
B. "CONTROL", INCLUDING THE TERMS "CONTROLLING", "CONTROLLED BY" AND
"UNDER COMMON CONTROL WITH", MEANS THE POSSESSION, DIRECTLY OR INDIRECT-
LY, OF THE POWER TO DIRECT OR CAUSE THE DIRECTION OF (1) THE MANAGEMENT
AND POLICIES OF A PERSON, (2) THE OPERATION OF A PERSON, OR (3) SUBSTAN-
TIALLY ALL OF THE ASSETS OF A PERSON, WHETHER THROUGH THE OWNERSHIP OF
VOTING SECURITIES, BY CONTRACT, OR OTHERWISE.
C. "HEAVY DISTRIBUTION WAREHOUSE" MEANS A FACILITY THAT FALLS UNDER
ONE OR MORE OF THE FOLLOWING CATEGORIES:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00800-05-5
S. 1180--B 2
(1) FULFILLMENT CENTER. A FACILITY WHOSE PRIMARY PURPOSE IS STORAGE
AND DISTRIBUTION OF GOODS TO CONSUMERS OR END-USERS, EITHER DIRECTLY OR
THROUGH A PARCEL HUB.
(2) PARCEL HUB. A LAST MILE FACILITY OR SIMILAR FACILITY WHOSE PRIMARY
PURPOSE IS PROCESSING OR REDISTRIBUTION OF GOODS FOR DELIVERY DIRECTLY
TO CONSUMERS OR END-USERS, BY MOVING A SHIPMENT FROM ONE MODE OF TRANS-
PORT TO A VEHICLE WITH A RATED CAPACITY OF LESS THAN TEN THOUSAND
POUNDS.
(3) PARCEL SORTING FACILITY. A FACILITY WHOSE PRIMARY PURPOSE IS SORT-
ING OR REDISTRIBUTION OF GOODS FROM A FULFILLMENT CENTER TO A PARCEL
HUB.
D. "QUALIFYING WAREHOUSE" MEANS ANY HEAVY DISTRIBUTION WAREHOUSE THAT
IS FIFTY THOUSAND SQUARE FEET OR GREATER, WHETHER AS ORIGINALLY
CONSTRUCTED OR AS MODIFIED, OR WHICH IS OPERATED BY ANY PERSON, INCLUD-
ING FOR SUCH PURPOSES ALL AFFILIATES OF SUCH PERSON, WHO IN AGGREGATE
OPERATES FIVE HUNDRED THOUSAND OR MORE SQUARE FEET OF HEAVY DISTRIBUTION
WAREHOUSE SPACE IN THE STATE.
E. "WAREHOUSE MODIFICATION" MEANS A CHANGE IN OPERATIONS OF A WARE-
HOUSE WHICH IS LIKELY TO RESULT IN A SIGNIFICANT INCREASE IN AIR
POLLUTION.
F. "WAREHOUSE OPERATOR" MEANS ANY ENTITY THAT CONDUCTS DAY-TO-DAY
OPERATIONS AT A HEAVY DISTRIBUTION WAREHOUSE, INCLUDING OPERATIONS
CONDUCTED THROUGH THE USE OF THIRD-PARTY CONTRACTORS. FOR PURPOSES OF
CLAUSE (I) OF SUBPARAGRAPH ONE OF PARAGRAPH C OF SUBDIVISION TWO OF THIS
SECTION, WAREHOUSE OPERATOR SHALL INCLUDE AFFILIATES OF SUCH WAREHOUSE
OPERATOR. A WAREHOUSE OPERATOR CAN BE, BUT IS NOT NECESSARILY, THE
OWNER OF THE WAREHOUSE.
2. A. NO LATER THAN EIGHTEEN MONTHS AFTER THE EFFECTIVE DATE OF THIS
SECTION, THE DEPARTMENT SHALL ADOPT A PROGRAM PROVIDING FOR THE FACILI-
TY-BY-FACILITY REVIEW OF QUALIFYING WAREHOUSES AND ADOPTION OF MEASURES
TO REDUCE AIR POLLUTION ASSOCIATED WITH QUALIFYING WAREHOUSE OPERATIONS,
INCLUDING, IN A MANNER NOT INCONSISTENT WITH THE REGULATION OF INDIRECT
SOURCES OF POLLUTION CONTEMPLATED BY 42 U.S.C. § 7410(A)(5), MOBILE
SOURCES OF POLLUTION, AND SHALL PROMULGATE ANY APPROPRIATE RULES AND
REGULATIONS IN CONNECTION THEREWITH.
B. (1) IN ADOPTING SUCH PROGRAM AND PROMULGATING SUCH RULES AND REGU-
LATIONS, THE DEPARTMENT SHALL CONSIDER A VARIETY OF MEASURES INCLUDING
BUT NOT LIMITED TO REQUIRING ALL WAREHOUSE OPERATORS TO IMPLEMENT AN AIR
POLLUTION REDUCTION AND MITIGATION PLAN DEVELOPED OR APPROVED BY THE
DEPARTMENT; CREATING A POINTS SYSTEM UNDER WHICH WAREHOUSE OPERATORS
MUST GAIN A CERTAIN NUMBER OF POINTS, BASED ON THE AMOUNT OF TRAFFIC
THAT RESULTS FROM THEIR OPERATIONS, THROUGH MITIGATION MEASURES SUCH AS
ACQUIRING AND USING ZERO-EMISSIONS VEHICLES, INSTALLING AND USING
ON-SITE ELECTRIC VEHICLE CHARGING EQUIPMENT, USING ALTERNATIVES TO TRUCK
OR VAN TRIPS FOR INCOMING OR OUTGOING TRIPS, AND/OR INSTALLING SOLAR
ELECTRIC POWER GENERATION AND BATTERY STORAGE SYSTEMS; AND REQUIRING
ENHANCED MITIGATION MEASURES FOR QUALIFYING WAREHOUSES LOCATED NEAR
SENSITIVE RECEPTORS INCLUDING BUT NOT LIMITED TO SCHOOLS, DAYCARES,
PLAYGROUNDS, PARKS, HOSPITALS, SENIOR CENTERS OR NURSING HOMES AND
DISADVANTAGED COMMUNITIES AS DEFINED IN SUBDIVISION FIVE OF SECTION
75-0101 OF THIS CHAPTER.
(2) SUCH RULES AND REGULATIONS SHALL PROVIDE THAT, WHEN CONSIDERING
ALTERNATIVES TO TRUCK OR VAN TRIPS FOR INCOMING OR OUTGOING TRIPS, THE
WAREHOUSE OPERATOR SHALL, NO LESS THAN FORTY-FIVE AND NO MORE THAN NINE-
TY DAYS PRIOR TO IMPLEMENTATION OF SUCH ALTERNATIVE, INFORM IMPACTED
EMPLOYEES, IN WRITING, OF THE PROPOSED CHANGE. THE WAREHOUSE OPERATOR
S. 1180--B 3
SHALL MAINTAIN A RECORD OF HAVING PROVIDED WRITTEN NOTICE TO IMPACTED
EMPLOYEES. THE WRITTEN NOTICE SHALL INCLUDE, AT MINIMUM: DESCRIPTIONS OF
THE VEHICLES AND EQUIPMENT TO BE USED; ANTICIPATED PHYSICAL REQUIREMENTS
OF OPERATION OF SUCH VEHICLES AND EQUIPMENT; ANTICIPATED DATE OF IMPLE-
MENTATION; AND INSTRUCTIONS FOR TRAINING AND APPLICATION FOR TRANSFER TO
THOSE POSITIONS. IN ADDITION TO THE FOREGOING NOTICE REQUIREMENTS, IF
EMPLOYEES IN THE WAREHOUSE HAVE AN EXCLUSIVE BARGAINING UNIT REPRESEN-
TATIVE, THE WAREHOUSE OPERATOR WILL CERTIFY THAT SUCH REPRESENTATIVE HAS
AGREED IN WRITING TO ANY OPERATIONAL CHANGES THAT IMPACT THE SCOPE OF
THE BARGAINING UNIT OR BARGAINED-FOR TERMS OF A COLLECTIVE BARGAINING
AGREEMENT THEN IN PLACE, PRIOR TO UTILIZING ALTERNATIVES.
C. (1) UNDER THE PROGRAM, THE DEPARTMENT SHALL REQUIRE ANY WAREHOUSE
OPERATOR, PRIOR TO THE COMMENCEMENT OF OPERATIONS AT A NEWLY CONSTRUCTED
QUALIFYING WAREHOUSE OR AT A FACILITY SUBJECT TO A WAREHOUSE MODIFICA-
TION, OR ANY WAREHOUSE OWNER PRIOR TO THE DEVELOPMENT OF A PROPOSED NEW
QUALIFYING WAREHOUSE TO BE OPERATED BY THE OWNER OR ONE OR MORE OF ITS
AFFILIATES, TO FIRST OBTAIN A PERMIT DEMONSTRATING THE FOLLOWING:
(I) THAT ANY ADDITIONAL TRAFFIC RESULTING FROM OPERATION WILL NOT
RESULT IN A VIOLATION OF ONE OR MORE NATIONAL AMBIENT AIR QUALITY STAND-
ARDS ESTABLISHED BY THE FEDERAL ENVIRONMENTAL PROTECTION AGENCY OR, IF A
VIOLATION ALREADY EXISTS, WILL NOT EXACERBATE SUCH VIOLATION, AS DETER-
MINED IN A MANNER CONSISTENT WITH THE STATE IMPLEMENTATION PLAN;
(II) THAT THE WAREHOUSE OPERATOR HAS NOT BEEN HELD BY AN ADMINISTRA-
TIVE AGENCY OR COURT OF COMPETENT JURISDICTION TO BE IN VIOLATION OF ANY
INDIRECT SOURCE RULE WHICH IS NOT INCONSISTENT WITH THE REGULATION OF
INDIRECT SOURCES OF POLLUTION CONTEMPLATED BY 42 U.S.C. § 7410(A)(5),
INCLUDING PURSUANT TO THIS SECTION, OR ANY OTHER FEDERAL, STATE OR LOCAL
AIR QUALITY STANDARDS RELATED TO ITS LOGISTICS OPERATIONS, IN THE TWO
YEARS PRIOR TO THE DATE OF APPLICATION, AND;
(III) THAT THE QUALIFYING WAREHOUSE MEETS LEED SILVER, GOLD OR PLATI-
NUM STANDARDS, OR A FUNCTIONALLY EQUIVALENT STANDARD.
(2) THE DEPARTMENT SHALL REQUIRE APPLICANTS TO SUBMIT INFORMATION
NECESSARY TO MAKE SUCH A DETERMINATION PURSUANT TO SUBPARAGRAPH ONE OF
THIS PARAGRAPH, INCLUDING BUT NOT LIMITED TO, PROJECTED AVERAGE NUMBER
OF DAILY VEHICLE TRIPS AND PRIMARY ROUTES TO THE FACILITY, A STUDY OF
POTENTIAL TRAFFIC AND CONGESTION IMPACTS, IDENTIFICATION OF ALL SENSI-
TIVE RECEPTORS, INCLUDING BUT NOT LIMITED TO, SCHOOLS, DAYCARES, PLAY-
GROUNDS, PARKS, HOSPITALS, SENIOR CENTERS OR NURSING HOMES AND DISADVAN-
TAGED COMMUNITIES AS DEFINED BY SECTION 75-0101 OF THIS CHAPTER, NEAR
THE PROPOSED WAREHOUSE OR NEAR THE PRIMARY VEHICLE ROUTES, AND AN
INITIAL PLAN FOR COMPLIANCE WITH PARAGRAPH B OF THIS SUBDIVISION IN A
FORM PRESCRIBED BY THE DEPARTMENT.
D. UNDER THE PROGRAM THE DEPARTMENT SHALL ESTABLISH ONGOING MONITORING
AND REPORTING REQUIREMENTS FOR QUALIFYING WAREHOUSE OPERATORS. SUCH
MONITORING SHALL INCLUDE BUT NOT BE LIMITED TO PERIODIC DESKTOP AND
FIELD AUDITS; CONTACTING WAREHOUSE OWNERS AND WAREHOUSE OPERATORS TO
REQUEST FURTHER DOCUMENTATION OR CLARIFICATION ON SUBMITTED REPORTS; AND
CONDUCTING FIELD VISITS OF THE WAREHOUSE FACILITIES DURING REGULAR BUSI-
NESS HOURS TO VERIFY A FACILITY IS FOLLOWING RECORDKEEPING AND OTHER
APPLICABLE REQUIREMENTS. ALL REPORTS SHALL BE MADE ACCESSIBLE TO THE
PUBLIC, IN FULL AND UNREDACTED EXCEPT TO THE EXTENT NECESSARY TO KEEP
PERSONAL INFORMATION CONFIDENTIAL, AND POSTED ON A PUBLICLY AVAILABLE
WEBSITE. REPORTING REQUIREMENTS SHALL INCLUDE, BUT NOT BE LIMITED TO,
ANNUAL REPORTING OF:
(1) THE AVERAGE DAILY NUMBER OF INBOUND AND OUTBOUND VEHICLE TRIPS BY
VEHICLE WEIGHT AND CLASS, AND BY TIME OF DAY AND DAY OF THE WEEK;
S. 1180--B 4
(2) THE AVERAGE DAILY VEHICLE MILES TRAVELED FOR ALL VEHICLES MAKING
INBOUND AND OUTBOUND TRIPS TO AND FROM THE QUALIFYING WAREHOUSE;
(3) THE AVERAGE DAILY VEHICLE MILES TRAVELED AND NUMBER OF INBOUND AND
OUTBOUND TRIPS FOR ALTERNATIVE MODES OF FREIGHT;
(4) A HEAT MAP OF THE FREQUENCY DATA FOR TRIP DESTINATIONS;
(5) THE NUMBER OF JOBS AT THE FACILITY, INCLUDING DRIVERS AND OTHERS
EMPLOYED BY THIRD-PARTY CONTRACTORS, WITH A BREAKDOWN OF PERCENTAGE OF
PART-TIME AND FULL-TIME EMPLOYEES, INDEPENDENT CONTRACTORS, UNIONIZED
AND NON-UNION EMPLOYEES;
(6) THE PERCENTAGE OF VEHICLES USED, SPECIFYING ON-ROAD VEHICLES AND
OFF-ROAD VEHICLES AS WELL AS WEIGHT AND VEHICLE CLASS, THAT ARE ZERO
EMISSIONS;
(7) THE NUMBER OF ELECTRIC VEHICLE CHARGING STATIONS INSTALLED AND
ACTUAL USAGE;
(8) THE NUMBER OF HYDROGEN FUELING STATIONS INSTALLED AND ACTUAL
USAGE;
(9) THE NUMBER OF ON-SITE RENEWABLE ENERGY GENERATION SYSTEMS
INSTALLED;
(10) THE NUMBER OF VEHICLES USED TO DELIVER FROM THE SITE THAT ARE
OWNED BY THE WAREHOUSE OPERATOR BUT LEASED TO A THIRD PARTY, AND THE
PROPORTION OF LEASED VEHICLES USED AS COMPARED TO VEHICLES OWNED BY THE
WAREHOUSE OPERATOR;
(11) THE IDENTITY OF SUBCONTRACTORS WHO CONDUCT MORE THAN TEN PERCENT
OF TOTAL DELIVERY VEHICLE TRIPS FROM THE SITE, INCLUDING THE ENTITY
NAME, PRINCIPAL OFFICERS, BUSINESS ADDRESS AND CONTACT INFORMATION, AND
TOTAL NUMBER OF EMPLOYEES; AND
(12) ANY OTHER INFORMATION NECESSARY TO EFFECTIVELY IMPLEMENT AND
ENFORCE ANY RULE OR REGULATION PROMULGATED PURSUANT TO THIS SECTION.
3. THE DEPARTMENT SHALL IMPOSE AN ANNUAL REGISTRATION FEE FOR QUALIFY-
ING WAREHOUSE OPERATORS.
4. WITHIN EIGHTEEN MONTHS OF THE EFFECTIVE DATE OF THIS SECTION, THE
DEPARTMENT SHALL COMPLETE A STUDY ON THE FEASIBILITY, BENEFITS AND COSTS
OF IMPLEMENTING LOW- AND ZERO-EMISSIONS DESIGNATED ZONES FOR MEDIUM- AND
HEAVY-DUTY VEHICLES AS DEFINED IN REGULATIONS PROMULGATED PURSUANT TO
SECTION 19-0306-B OF THIS TITLE WITHIN THE STATE THAT ARE DESIGNED TO
LOWER AIR POLLUTION, CONGESTION, GREENHOUSE GAS EMISSIONS, AND NOISE,
AND TO INCREASE SAFETY. THE STUDY SHALL INCLUDE RECOMMENDATIONS FOR
IMPLEMENTATION OF LOW- AND ZERO-EMISSIONS ZONES AT THE STATE AND LOCAL
LEVEL AND SHALL BE MADE AVAILABLE TO THE PUBLIC AND POSTED ON A PUBLICLY
AVAILABLE WEBSITE. IN CONDUCTING THE STUDY, THE DEPARTMENT SHALL CONSID-
ER:
A. CREATION OF ZONES RESTRICTING DELIVERIES TO ZERO-EMISSIONS DELIVERY
VEHICLES ONLY;
B. CREATION OF ZONES REQUIRING DELIVERY VEHICLES TO MEET CERTAIN
STRINGENT AIR POLLUTION STANDARDS;
C. CREATION OF ZONES REQUIRING A FEE FOR ENTRY FOR DIESEL-POWERED
MEDIUM- AND HEAVY-DUTY VEHICLES;
D. PRIORITIZATION OF LOW- AND ZERO-EMISSIONS ZONES WITHIN DISADVAN-
TAGED COMMUNITIES IDENTIFIED UNDER ARTICLE SEVENTY-FIVE OF THIS CHAPTER;
NONATTAINMENT ZONES UNDER THE NATIONAL AMBIENT AIR QUALITY STANDARDS SET
BY THE FEDERAL ENVIRONMENTAL PROTECTION AGENCY IN 42 U.S.C. 7401; AND
OTHER VULNERABLE AREAS INCLUDING AREAS PROXIMATE TO SCHOOLS, DAYCARES,
PLAYGROUNDS, PARKS, HOSPITALS, SENIOR CENTERS OR NURSING HOMES;
E. INCENTIVES AND ENFORCEABLE MEASURES FOR LOW- AND ZERO-EMISSIONS
ZONES, INCLUDING FEES;
S. 1180--B 5
F. MEASURES TO ENSURE REINVESTMENT OF ANY REVENUES FROM FEES IN PUBLIC
TRANSIT AND ZERO-EMISSIONS TRANSPORTATION INFRASTRUCTURE;
G. EQUITY CONSIDERATIONS, INCLUDING PREVENTING UNINTENDED REGRESSIVE
COST IMPACTS FOR LOW- AND MODERATE-INCOME NEW YORKERS; AND
H. BARRIERS TO IMPLEMENTING LOW- AND ZERO-EMISSIONS ZONES IN THE STATE
AND RECOMMENDATIONS FOR OVERCOMING SUCH BARRIERS.
5. A. THE PROVISIONS OF SUBDIVISIONS ONE, TWO AND THREE OF THIS
SECTION SHALL NOT APPLY IN A CITY WITH A POPULATION OF ONE MILLION OR
MORE WHICH, IN CONSULTATION WITH AND SUBJECT TO THE REVIEW AND APPROVAL
OF THE DEPARTMENT AFTER A PUBLIC HEARING IN COMPLIANCE WITH THE STATE
ADMINISTRATIVE PROCEDURE ACT, ESTABLISHES AND IMPLEMENTS A PROGRAM BY
ADOPTING A LOCAL LAW OR ORDINANCE TO REGULATE INDIRECT SOURCE POLLUTION
FROM QUALIFYING WAREHOUSES IN A MANNER NOT INCONSISTENT WITH THE REGU-
LATION OF INDIRECT SOURCE POLLUTION CONTEMPLATED BY 42 U.S.C. §
7410(A)(5); PROVIDED, HOWEVER, ANY SUCH MUNICIPAL INDIRECT SOURCE
POLLUTION PROGRAM SHALL BE, IN THE DETERMINATION OF THE DEPARTMENT, AT
LEAST AS STRINGENT AS THE PROGRAM ESTABLISHED UNDER SUBDIVISIONS ONE,
TWO AND THREE OF THIS SECTION AND ALL RULES AND REGULATIONS PROMULGATED
PURSUANT THERETO.
B. THE DEPARTMENT SHALL REQUIRE ANY CITY ESTABLISHING AND IMPLEMENTING
AN INDIRECT SOURCE POLLUTION PROGRAM IN ACCORDANCE WITH THIS SUBDIVISION
TO REQUIRE THE PROGRAM TO IMPLEMENT ALL DATA COLLECTION AND REPORTING
REQUIREMENTS CONTEMPLATED BY SUBDIVISION TWO OF THIS SECTION AND SUBMIT
ALL SUCH DATA AND REPORTING INFORMATION TO THE DEPARTMENT NO LESS
FREQUENTLY THAN EVERY TWELVE MONTHS FOR REVIEW BY THE DEPARTMENT.
C. THE DEPARTMENT SHALL CONDUCT AN ANNUAL REVIEW OF ANY INDIRECT
SOURCE POLLUTION PROGRAM ESTABLISHED AND IMPLEMENTED PURSUANT TO THIS
SUBDIVISION. SUCH REVIEWS SHALL EVALUATE WHETHER, AMONG OTHER RELEVANT
MATTERS, SUCH PROGRAM CONTINUES TO BE AT LEAST AS STRINGENT AS THE
PROGRAM ESTABLISHED UNDER SUBDIVISIONS ONE, TWO AND THREE OF THIS
SECTION.
D. IN THE EVENT THAT THE DEPARTMENT DETERMINES THAT A PROGRAM ESTAB-
LISHED PURSUANT TO THIS SUBDIVISION IS NOT MEETING ANY APPLICABLE
REQUIREMENTS UNDER THIS SUBDIVISION, THE DEPARTMENT SHALL IMMEDIATELY
NOTIFY SUCH CITY OF THE DEFICIENCIES AND IF, IN THE DETERMINATION OF THE
DEPARTMENT, THE CITY DOES NOT TAKE SATISFACTORY CORRECTIVE ACTION, THE
DEPARTMENT MAY TAKE ANY CORRECTIVE ACTION IT DEEMS APPROPRIATE, INCLUD-
ING BUT NOT LIMITED TO SUSPENDING OR TERMINATING THE APPROVAL CONTEM-
PLATED BY PARAGRAPH A OF THIS SUBDIVISION AND ENFORCING THE PROVISIONS
OF THIS SECTION IN SUCH CITY; PROVIDED, HOWEVER, ANY INDIRECT SOURCE
POLLUTION LAW IN EFFECT IN A CITY OF ONE MILLION OR MORE AS OF THE
EFFECTIVE DATE OF THIS SECTION MAY NOT BE FOUND TO BE FAILING TO MEET
SUCH APPLICABLE REQUIREMENTS FOR THE ONE-YEAR PERIOD FOLLOWING THE
EFFECTIVE DATE OF THIS SECTION.
E. THE EXEMPTION CONTEMPLATED BY THIS SUBDIVISION SHALL BE LIMITED TO
THE REGULATION OF INDIRECT SOURCE POLLUTION FROM QUALIFYING WAREHOUSES
AND MAY NOT BE CONSTRUED AS AN EXEMPTION FROM COMPLIANCE WITH ANY OTHER
LAW, RULE, REGULATION, DECISION OR ORDER.
6. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PREEMPT ANY LOCALITY
FROM IMPLEMENTING INNOVATIVE EMISSIONS REDUCTION PROGRAMS IN SUSTAINABLE
FREIGHT MOVEMENT SUCH AS BLUE HIGHWAYS AND MICRO-DISTRIBUTION, PROVIDED
THAT ANY SUCH PROGRAM DOES NOT PROVIDE AN EXEMPTION FROM COMPLIANCE WITH
THIS SECTION.
§ 2. Severability. If any clause, sentence, paragraph, section or part
of this act shall be adjudged by any court of competent jurisdiction to
be invalid and after exhaustion of all further judicial review, the
S. 1180--B 6
judgment shall not affect, impair or invalidate the remainder thereof,
but shall be confined in its operation to the clause, sentence, para-
graph, section or part of this act directly involved in the controversy
in which the judgment shall have been rendered.
§ 3. This act shall take effect on the thirtieth day after it shall
have become a law.
