Bill Text: NY S01382 | 2011-2012 | General Assembly | Introduced
Bill Title: Requires school buses that contract with the NYC department of education to retrofit certain buses with certain equipment; requires that all buses used to provide transportation services to students pursuant to a service contract with the NYC department of education use ultra-low sulfur fuel or "clean diesel"; eliminates the cap on air pollution fees.
Spectrum: Partisan Bill (Democrat 8-0)
Status: (Introduced - Dead) 2012-01-04 - REFERRED TO CITIES [S01382 Detail]
Download: New_York-2011-S01382-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
1382
2011-2012 Regular Sessions
I N S E N A T E
January 7, 2011
___________
Introduced by Sens. PERKINS, BRESLIN, DIAZ, DILAN, DUANE, HASSELL-THOMP-
SON, KRUEGER, KRUGER, MONTGOMERY -- read twice and ordered printed,
and when printed to be committed to the Committee on Cities
AN ACT to amend the administrative code of the city of New York, in
relation to contracts with school bus companies; and to amend the
environmental conservation law, in relation to eliminating the cap on
air pollution fees
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivision g of section 19-606 of the administrative code
2 of the city of New York is relettered subdivision h and a new subdivi-
3 sion g is added to read as follows:
4 G. 1. ANY BUS USED TO PROVIDE SERVICES TO STUDENTS IN CONNECTION WITH
5 A SERVICE CONTRACT WITH THE NEW YORK CITY DEPARTMENT OF EDUCATION SHALL:
6 (I) IF BUILT PRIOR TO NINETEEN HUNDRED NINETY-FIVE, BE RETROFITTED
7 WITH DIESEL OXIDATION CATALYSTS;
8 (II) IF BUILT ON OR AFTER JANUARY FIRST, NINETEEN HUNDRED NINETY-FIVE,
9 BE RETROFITTED WITH DIESEL PARTICULATE FILTERS; AND
10 (III) USE ULTRA-LOW SULFUR FUEL OR "CLEAN DIESEL" CONTAINING NOT MORE
11 THAN 15 PPM OF SULFUR.
12 2. ANY ALTERATION REQUIRED PURSUANT TO THIS SUBDIVISION SHALL BE
13 COMPLETED (I) WITHIN TWO YEARS OF THE EFFECTIVE DATE OF THIS SUBDIVISION
14 OR (II) UPON ENTERING INTO OR RENEWING A CONTRACT WITH THE NEW YORK CITY
15 DEPARTMENT OF EDUCATION, WHICHEVER IS LATER.
16 S 2. Subdivision 1 of section 72-0303 of the environmental conserva-
17 tion law, as amended by section 1 of part D of chapter 413 of the laws
18 of 1999, the opening paragraph as amended by section 1 of part BBB of
19 chapter 59 of the laws of 2009, is amended to read as follows:
20 1. Commencing January first, nineteen hundred ninety-four and every
21 year thereafter all sources of regulated air contaminants identified
22 pursuant to subdivision one of section 19-0311 of this chapter shall
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00818-01-1
S. 1382 2
1 submit to the department an annual fee of forty-five dollars per ton [up
2 to seven thousand tons] annually of each regulated air contaminant as
3 follows: forty-five dollars per ton for facilities with total emissions
4 less than one thousand tons annually; fifty dollars per ton for facili-
5 ties with total emissions of one thousand or more but less than two
6 thousand tons annually; fifty-five dollars per ton for facilities with
7 total emissions of two thousand or more but less than five thousand tons
8 annually; and sixty-five dollars per ton for facilities with total emis-
9 sions of five thousand or more tons annually. Such fee shall be suffi-
10 cient to support an appropriation approved by the legislature for the
11 direct and indirect costs associated with the operating permit program
12 established in section 19-0311 of this chapter. Such fee shall be estab-
13 lished by the department and shall be calculated by dividing the amount
14 of the current year appropriation from the operating permit program
15 account of the clean air fund by the total tons of emissions of regu-
16 lated air contaminants that are subject to the operating permit program
17 fees from sources subject to the operating permit program pursuant to
18 section 19-0311 of this chapter [up to seven thousand tons] annually of
19 each regulated air contaminant from each source; provided that, in
20 making such calculation, the department shall adjust their calculation
21 to account for any deficit or surplus in the operating permit program
22 account of the clean air fund established pursuant to section ninety-
23 seven-oo of the state finance law; any loan repayment from the mobile
24 source account of the clean air fund established pursuant to section
25 ninety-seven-oo of the state finance law; and the rate of collection by
26 the department of the bills issued for the fee for the prior year.
27 Notwithstanding the provisions of the state administrative procedure
28 act, such calculation and fee shall be established as a rule by publica-
29 tion in the Environmental Notice Bulletin no later than thirty days
30 after the budget bills making appropriations for the support of govern-
31 ment are enacted or July first, whichever is later, of the year such fee
32 will be effective. In no event shall the fee established herein be any
33 greater than the maximum fee identified pursuant to this section.
34 S 3. This act shall take effect immediately.
