A06451 Summary:

BILL NOA06451
 
SAME ASNo Same As
 
SPONSOROaks
 
COSPNSRCorwin, Montesano, Butler, Finch, McLaughlin, Giglio, Tenney, Hawley, Lawrence
 
MLTSPNSRBarclay, Crouch
 
Rpld S19-0323, En Con L
 
Repeals provisions relating to ultra low sulfur diesel fuel and best available technology by the state.
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A06451 Actions:

BILL NOA06451
 
03/25/2015referred to environmental conservation
06/01/2015held for consideration in environmental conservation
01/06/2016referred to environmental conservation
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A06451 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6451
 
SPONSOR: Oaks (MS)
  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 avail- able 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 Avail- able Retrofit Technology (BART)   SUMMARY OF SPECIFIC PROVISIONS: Section 1 repeals 19-0232 of the environmental conservation law Section 2 provides the effective date.   JUSTIFICATION: 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-to- gether. 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   FISCAL IMPLICATIONS: None   EFFECTIVE DATE: Immediately
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A06451 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6451
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                     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-
          ronmental Conservation
 
        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
     2  REPEALED.
     3    § 2. This act shall take effect immediately.
 
 
 
 
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05881-01-5
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