BILL NO A06451
SAME AS No same as
SPONSOR Oaks (MS)
COSPNSR Corwin, Montesano, Butler, Finch, McLaughlin, Giglio, Tenney, Hawley,
MLTSPNSR Barclay, Crouch
Rpld S19-0323, En Con L
Repeals provisions relating to ultra low sulfur diesel fuel and best available
technology by the state.
TITLE OF BILL:
An act to repeal section 19-0323 of the environmental conservation
law, in relation to the use of ultra low sulfur diesel fuel and best
available technology by the state
PURPOSE OR GENERAL IDEA OF BILL:
This bill would repeal the section of the environmental conservation
law dealing with the required retrofit of diesel trucks with the Best
Available Retrofit Technology (BART)
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 repeals 19-0232 of the environmental conservation law
Section 2 provides the effective date.
In 2006, the Diesel Emission Reduction Act (DERA) was passed without
acknowledging the financial hardship to businesses and the truckers.
DERA applies to all heavy-duty diesel vehicles owned by state agencies
or public authorities, as well as to prime contractors. The Third
Department in the matter of New York Construction Materials
Association v. New York Department of Environmental Conservation held
that DERA does not apply to subcontractors.
Along with requiring the use of ultra low sulfur diesel fuel, DERA
requires all applicable heavy-duty diesel vehicles to be retrofitted
with diesel particulate devices.
With Best Acceptable Retrofit Technology (BART) filters costing up to
$30,000 per vehicle, small companies simply cannot afford to retrofit
their fleet and are in danger of laying of working or closing
all-together. In addition, retrofit technology significantly reduces
fuel economy, which has the effect of using more fossil fuels and
raising costs even further.
DERA is yet another example of legislation that raises the cost of
doing business in New York State.
PRIOR LEGISLATIVE HISTORY:
A5363 of 2014-Held for consideration in Environmental Conservation
S T A T E O F N E W Y O R K
2015-2016 Regular Sessions
I N A S S E M B L Y
March 25, 2015
Introduced by M. of A. OAKS, CORWIN, MONTESANO, BUTLER, FINCH, McLAUGH-
LIN, GIGLIO, TENNEY, HAWLEY, LAWRENCE -- Multi-Sponsored by -- M. of
A. BARCLAY, CROUCH -- read once and referred to the Committee on Envi-
AN ACT to repeal section 19-0323 of the environmental conservation law,
in relation to the use of ultra low sulfur diesel fuel and best avail-
able technology by the state
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 19-0323 of the environmental conservation law is
3 S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.