Bill Text: NY A02800 | 2009-2010 | General Assembly | Introduced
Bill Title: An act to amend the environmental conservation law and the transportation law, in relation to the establishment of the sustainable transportation policy task force
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Introduced - Dead) 2010-01-06 - referred to environmental conservation [A02800 Detail]
Download: New_York-2009-A02800-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 2800 2009-2010 Regular Sessions I N A S S E M B L Y January 21, 2009 ___________ Introduced by M. of A. O'DONNELL -- Multi-Sponsored by -- M. of A. ALFA- NO -- read once and referred to the Committee on Environmental Conser- vation AN ACT to amend the environmental conservation law and the transporta- tion law, in relation to the establishment of the sustainable trans- portation policy task force THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Paragraph c of subdivision 3 of section 1-0101 of the envi- 2 ronmental conservation law is amended to read as follows: 3 c. Promoting patterns of development [and], technology AND TRANSPORTA- 4 TION which minimize adverse impact on the environment; 5 S 2. Paragraph d of subdivision 1 of section 5-0107 of the environ- 6 mental conservation law is amended to read as follows: 7 d. Serve as a working forum for the exchange of views, concerns, 8 ideas, information and recommendations relating to the quality of the 9 environment AND SUSTAINABILITY PLANNING AS IT RELATES TO TRANSPORTATION 10 POLICY, INCLUDING BUT NOT LIMITED TO DEVELOPMENT OF A VARIABLE TOLL 11 STRUCTURE THAT WILL TAKE INTO ACCOUNT A VEHICLE'S FUEL EFFICIENCY, EMIS- 12 SIONS RATING, WEAR AND TEAR ON ROADS, AND ANY OTHER RELEVANT FACTOR. 13 S 3. The environmental conservation law is amended by adding a new 14 article 50 to read as follows: 15 ARTICLE 50 16 SUSTAINABLE TRANSPORTATION POLICY TASK FORCE 17 SECTION 50-0101. SUSTAINABLE TRANSPORTATION POLICY TASK FORCE. 18 50-0103. TASK FORCE COMPOSITION. 19 50-0105. POWERS AND DUTIES OF THE TASK FORCE. 20 S 50-0101. SUSTAINABLE TRANSPORTATION POLICY TASK FORCE. 21 1. THE SUSTAINABLE TRANSPORTATION POLICY TASK FORCE IS HEREBY ESTAB- 22 LISHED. THE ROLE OF THE TASK FORCE SHALL INCLUDE, BUT NOT BE LIMITED TO, EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00085-01-9 A. 2800 2 1 CONDUCTING AN IN-DEPTH EXAMINATION OF ISSUES RELATED TO THE ENVIRON- 2 MENTAL IMPACT OF TRANSPORTATION POLICIES AND PRACTICES INCLUDING: 3 A. ASSESSING THE POTENTIAL IMPACTS OF TRANSPORTATION POLICIES AND 4 PRACTICES ON THE CITIZENS, NATURAL RESOURCES, AND ECONOMY OF THE STATE. 5 SUCH RESEARCH SHALL INCLUDE IMPACTS VARIOUS TYPES OF VEHICLES HAVE IN 6 REGARDS TO COSTS AND FUEL EFFICIENCY IN RELATION TO THE WEAR PLACED ON 7 THE ROADWAYS; 8 B. EVALUATE A METHOD WHERE HIGHER TOLLS MAY BE CHARGED FOR THE HEAVIER 9 AND MORE INEFFICIENT VEHICLES TRAVELING ON THE STATE'S ROADWAYS. SUCH 10 METHOD MAY INCLUDE A SYSTEM REQUIRING VEHICLE REGISTRATION TO DESIGNATE 11 A TIERED CLASS, TAKING INTO ACCOUNT WEIGHT, EMISSION RATING AND 12 GAS-MILEAGE EFFICIENCY; AND 13 C. IDENTIFYING AND EVALUATING STRATEGIES FOR APPLYING ENVIRONMENTAL 14 SUSTAINABILITY CONCEPTS AND ANALYSIS TO THE STATE'S TRANSPORTATION POLI- 15 CY. 16 2. THE TASK FORCE SHALL DEVELOP A SUSTAINABLE TRANSPORTATION POLICY 17 ACTION PLAN THAT WILL PROVIDE RECOMMENDATIONS FOR CHANGES TO THE EXIST- 18 ING VEHICLE REGISTRATION FEE STRUCTURE AND TOLL STRUCTURE FOR HIGHWAYS, 19 BRIDGES AND TUNNELS. SUCH RECOMMENDATIONS WILL TAKE INTO ACCOUNT VEHICLE 20 WEIGHTS, EMISSION RATINGS, FUEL EFFICIENCY AND ANY OTHER RELEVANT 21 FACTORS. RECOMMENDED CHANGES ARE DESIGNED TO ACHIEVE THE FOLLOWING 22 GOALS: 23 A. EQUITABLE CONTRIBUTION TO USE, WEAR AND TEAR, AND MAINTENANCE OF 24 ROADS; AND 25 B. CREATE ADDITIONAL INCENTIVES FOR THE PURCHASE AND USE OF VEHICLES 26 WITH LOWER EMISSIONS AND GREATER FUEL EFFICIENCY. 27 S 50-0103. TASK FORCE COMPOSITION. 28 1. THE TASK FORCE SHALL INCLUDE THE COMMISSIONER, THE COMMISSIONER OF 29 TRANSPORTATION, THE COMMISSIONER OF MOTOR VEHICLES, THE CHAIRPERSON OF 30 THE METROPOLITAN TRANSPORTATION AUTHORITY, A REPRESENTATIVE FROM THE 31 BOARD OF COMMISSIONERS FOR THE PORT AUTHORITY OF NEW YORK AND NEW 32 JERSEY, AND A REPRESENTATIVE FROM THE BOARD OF THE NEW YORK STATE THRU- 33 WAY AUTHORITY. 34 2. THE COMMISSIONER OR HIS OR HER DESIGNATED REPRESENTATIVE SHALL 35 SERVE AS CHAIRPERSON OF THE TASK FORCE. 36 3. FOR THE PURPOSES OF THIS SECTION, THE NON-GOVERNMENTAL APPOINTEES 37 SHALL BE CONSIDERED OFFICERS OR EMPLOYEES OF PUBLIC ENTITIES AND SHALL 38 BE AFFORDED SUCH DEFENSE AND INDEMNIFICATION PROVIDED UNDER THE PUBLIC 39 OFFICERS LAW. 40 4. THE MEMBERS OF THE TASK FORCE SHALL RECEIVE NO COMPENSATION FOR 41 THEIR SERVICES, BUT SHALL BE ALLOWED THEIR ACTUAL AND NECESSARY EXPENSES 42 INCURRED IN THE PERFORMANCE OF THEIR DUTIES. 43 5. NO APPOINTED MEMBER OF THE TASK FORCE SHALL BE AN ELECTED OR 44 APPOINTED PUBLIC OFFICER. 45 S 50-0105. POWERS AND DUTIES OF THE TASK FORCE. 46 1. THE TASK FORCE SHALL MEET QUARTERLY, AND AT THE CALL OF THE CHAIR- 47 PERSON. 48 2. THE TASK FORCE MAY CONSULT WITH ANY ORGANIZATION, EDUCATIONAL 49 INSTITUTION, OTHER GOVERNMENT ENTITY OR AGENCY OR PERSON IN THE DEVELOP- 50 MENT OF ITS RECOMMENDATIONS. 51 3. THE DEPARTMENT SHALL PROVIDE THE TASK FORCE WITH SUCH FACILITIES, 52 ASSISTANCE AND DATA AS WILL ENABLE THE TASK FORCE TO CARRY OUT ITS 53 POWERS AND DUTIES. ADDITIONALLY, ALL OTHER AGENCIES OF THE STATE OR 54 SUBDIVISIONS THEREOF SHALL, AT THE REQUEST OF THE CHAIRPERSON, PROVIDE 55 THE TASK FORCE WITH SUCH FACILITIES, ASSISTANCE, AND DATA TO ENABLE THE 56 TASK FORCE TO CARRY OUT ITS POWERS AND DUTIES. A. 2800 3 1 4. WITHIN TWELVE MONTHS OF THE EFFECTIVE DATE OF THIS ARTICLE, THE 2 TASK FORCE SHALL ISSUE A SUSTAINABLE TRANSPORTATION POLICY ACTION PLAN 3 AS PROVIDED FOR IN SUBDIVISION 2 OF SECTION 50-0101 OF THIS ARTICLE TO 4 THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF 5 THE ASSEMBLY. 6 S 4. Section 14 of the transportation law is amended by adding a new 7 subdivision 36 to read as follows: 8 36. TO IMPLEMENT, IN CONSULTATION WITH THE DEPARTMENT OF ENVIRONMENTAL 9 CONSERVATION, THE PROVISIONS OF ARTICLE FIFTY OF THE ENVIRONMENTAL 10 CONSERVATION LAW IN RELATION TO THE SUSTAINABLE TRANSPORTATION POLICY 11 TASK FORCE AND ACTION PLAN. 12 S 5. This act shall take effect on the one hundred eightieth day after 13 it shall have become a law; provided, however, that effective immediate- 14 ly, the addition, amendment and/or repeal of any rule or regulation 15 necessary for the implementation of this act on its effective date is 16 authorized and directed to be made and completed on or before such 17 effective date.