Relates to use of ultra low sulfur diesel fuel and best available technology by the state; repealer

1 Co-sponsor

• John A. DeFrancisco

BILL NUMBER:S2436

Title of bill

An act to repeal section 19-0323 of the environmental conservation law relating to use of ultra low sulfur diesel fuel and best available technology by the state

Purpose or general idea of bill

To repeal section 19-0323 of the Environmental Conservation Law.

Summary of specific provisions

Section 1 - repeals Section 19-0323 of the Environmental Conservation Law.

Section 2 - provides that this act shall become effective immediately.

Justification

Section 19-0323 was enacted in 2006 with all the best intentions to improve air quality in New York. As it has been gradually phased in, it has proven to be very expensive for the state and for businesses providing goods and services to the state, with continuing onerous record keeping that must be prepared by businesses and reviewed and saved by the state. The section only applies to in-state companies, and doesn't apply to thousands of over-the-road truckers, interstate delivery vehicles and the many vehicles from out-of-state who travel New York roads. In effect, it does not solve the problem of air pollution, while singling out New York companies to make them economically non-competitive with out-of-state companies. This section has become another expensive unfunded mandate with limited environmental value, and it is time for the state to reconsider whether it is appropriate to create burdens for our businesses and government, and simply pass the costs of such regulations on without recognizing the terrible costs they place on our state's economy and our residents who cannot find jobs because businesses have gone elsewhere.

Prior legislative history

2011-12 - S.3523 EN CON

Fiscal implications

Overall savings to the state and businesses.

Effective date

This act shall take effect immediately.