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A10917Assembly2017-2018 Session

Exempt Contractors from Emissions Law

Official title

“Exempts contractors from the provisions of the Diesel Emissions Reduction Act 2006”

Sponsor Chris TagueAD-102Affects Environment & Energy
Status
In Assembly Committee
Environmental Conservation
Impact
5/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Environmental Conservation

What's happening

This bill exempts contractors from the requirements of the Diesel Emissions Reduction Act of 2006 in New York State.

Why it matters

  1. Exempting contractors from emissions requirements may reduce costs and regulatory burdens. for companies bidding on or performing state and public authority projects, potentially making it easier for smaller firms or those with older equipment to participate.

  2. The exemption could slow the transition to cleaner diesel technology. in state-funded projects, as contractors will no longer be required to use ultra low sulfur diesel fuel or retrofit older vehicles to limit pollution, which may undermine New York’s air quality and public health goals.

  3. The change creates a regulatory distinction between state-owned/operated vehicles and contractor-owned vehicles. , meaning state agencies must still comply with emissions rules, but any contractor or subcontractor working for them does not—a shift that could impact enforcement and oversight complexity.

  4. Public funds may indirectly support continued use of higher-polluting vehicles on state projects. , raising concerns about environmental justice, especially in communities situated near major construction or infrastructure work funded by the state.

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Who cares

Headline styles

Exempt Contractors from Emissions Law

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Chris Tague

Assembly Member · Assembly District 102

No co-sponsors yet.

History

  1. Referred to environmental conservation

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

10917

IN ASSEMBLY

May 29, 2018

Introduced by M. of A. TAGUE -- read once and referred to the Committee on Environmental Conservation

AN ACT to amend the environmental conservation law, in relation to exempting contractors from the provisions of the "Diesel Emissions Reduction Act 2006"

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Subdivision 1 of section 19-0323 of the environmental conservation law is amended by adding a new paragraph e to read as follows:

e. "Contractor" means any person or entity that contracts directly or indirectly with a regulated entity to provide labor, services, materials and/or equipment on behalf of the regulated entity. Contractor includes but is not limited to prime contractor, subcontractor, and any contractor(s) hired by such subcontractor.

§ 2. Subdivision 2 and the opening paragraph of subdivision 3 of section 19-0323 of the environmental conservation law, subdivision 2 as added by chapter 629 of the laws of 2006 and the opening paragraph of subdivision 3 as amended by section 1 of part NN of chapter 58 of the laws of 2018, are amended and a new subdivision 9 is added to read as follows:

2. Any diesel powered heavy duty vehicle that is owned by, operated by [or on behalf of,] or leased by a state agency and state and regional public authority shall be powered by ultra low sulfur diesel fuel.

Any diesel powered heavy duty vehicle that is owned by, operated by [or on behalf of,] or leased by a state agency and state and regional public authority with more than half of its governing body appointed by the governor shall utilize the best available retrofit technology for reducing the emission of pollutants. The commissioner shall promulgate regulations for the implementation of this subdivision specifying that all vehicles covered by this subdivision shall have best available retrofit technology on or before December 31, 2019.

9. Contractors of this state shall be exempt from the provisions of this section.

§ 3. This act shall take effect on the one hundred eightieth day after it shall have become a law.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD07949-02-8

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.