S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8361

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              May 15, 2009
                               ___________

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

AN ACT to amend the state finance law and the public authorities law, in
  relation to  establishing  the  diesel  emissions  retrofit  fund  and
  program

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The state finance law is amended by adding  a  new  section
97-tt to read as follows:
  S  97-TT.  DIESEL  EMISSIONS  RETROFIT FUND. 1. THERE IS HEREBY ESTAB-
LISHED IN THE CUSTODY OF THE STATE COMPTROLLER  A  SPECIAL  FUND  TO  BE
KNOWN AS "DIESEL EMISSIONS RETROFIT FUND."
  2.  THE  DIESEL  EMISSIONS RETROFIT FUND MAY CONSIST OF MONIES PAID TO
THE STATE:
  (A) BY THE FEDERAL GOVERNMENT PURSUANT TO SECTIONS SEVEN HUNDRED NINE-
TY-ONE THROUGH SECTION SEVEN HUNDRED NINETY-SEVEN OF THE  ENERGY  POLICY
ACT OF TWO THOUSAND FIVE;
  (B) BY THE FEDERAL GOVERNMENT PURSUANT TO SECTIONS ELEVEN HUNDRED ONE,
ELEVEN  HUNDRED  THREE, AND EIGHTEEN HUNDRED EIGHT OF THE SAFE, ACCOUNT-
ABLE, FLEXIBLE, EFFICIENT TRANSPORTATION  EQUITY  ACT  OF  TWO  THOUSAND
FIVE: "A LEGACY FOR USERS";
  (C)  BY  THE  FEDERAL GOVERNMENT PURSUANT TO SUBSECTION THREE OF STATE
AND TRIBAL ASSISTANCE GRANTS INCLUDED  IN  TITLE  VII  OF  THE  AMERICAN
RECOVERY AND REINVESTMENT ACT OF TWO THOUSAND NINE; AND
  (D) AS A RESULT OF ANY ENFORCEMENT ACTION.
  3.  MONIES  OF  THE  FUND  SHALL BE AVAILABLE ONLY FOR DISTRIBUTION TO
ELIGIBLE PROJECTS PURSUANT TO SECTION EIGHTEEN  HUNDRED  EIGHTY-FOUR  OF
THE PUBLIC AUTHORITIES LAW.
  4.  MONEYS  SHALL  BE PAID OUT OF THE FUND ON THE AUDIT AND WARRANT OF
THE STATE COMPTROLLER ON VOUCHERS CERTIFIED OR APPROVED BY THE BOARD  OF
NEW  YORK  STATE  ENERGY  RESEARCH  AND  DEVELOPMENT  AUTHORITY,  AS THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11624-01-9
              

A. 8361                             2

CONTRACT ADMINISTRATOR OF THE DIESEL  EMISSIONS  RETROFIT  PROGRAM,  FOR
WHICH  THE AUTHORITY WILL ENTER INTO CONTRACTS WITH QUALIFIED PARTIES TO
CARRY OUT THE PROGRAM.
  5.  ANY  INCOME EARNED ON MONEYS IN SHALL BE ADDED TO DIESEL EMISSIONS
RETROFIT FUND AND USED FOR THE PURPOSES OF SUCH FUND.
  S 2. The public authorities law is amended by  adding  a  new  section
1884 to read as follows:
  S  1884.  DIESEL  EMISSIONS  RETROFIT PROGRAM. 1. FOR PURPOSES OF THIS
SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  (A) "HEAVY DUTY VEHICLE" OR "VEHICLE" MEANS ANY ON AND OFF-ROAD  VEHI-
CLE  POWERED BY DIESEL FUEL AND HAVING A GROSS VEHICLE WEIGHT OF GREATER
THAN EIGHT THOUSAND FIVE HUNDRED POUNDS, OR IN THE CASE  OF  A  NON-ROAD
VEHICLE, A VEHICLE POWERED BY DIESEL FUEL AND AN ENGINE WITH A RATING OF
AT LEAST SEVENTY-FIVE HORSEPOWER.
  (B) "BEST AVAILABLE RETROFIT TECHNOLOGY" MEANS TECHNOLOGY, VERIFIED BY
THE  UNITED  STATES ENVIRONMENTAL PROTECTION AGENCY OR BY THE CALIFORNIA
AIR RESOURCES BOARD (CARB) FOR REDUCING THE EMISSION OF POLLUTANTS  THAT
ACHIEVES  REDUCTIONS  IN  PARTICULATE  MATTER   EMISSIONS AT THE HIGHEST
CLASSIFICATION LEVEL FOR DIESEL  EMISSION  CONTROL  STRATEGIES  THAT  IS
APPLICABLE TO THE PARTICULAR ENGINE AND APPLICATION.
  (C)  "RETROFITTING"  MEANS ADDITION OF NEW OR BETTER POLLUTION CONTROL
AFTER-TREATMENT EQUIPMENT TO DIESEL ENGINES, UPGRADING A  DIESEL  ENGINE
TO  A  CLEANER CONFIGURATION AND EARLY REPLACEMENT OF OLDER ENGINES WITH
NEWER CLEANER ENGINES.
  2. THE AUTHORITY IS HEREBY AUTHORIZED TO ADMINISTER THE  FUND  CREATED
PURSUANT  TO SECTION NINETY-SEVEN-TT OF THE STATE FINANCE LAW IN ACCORD-
ANCE WITH THE PROVISIONS OF THIS SECTION.
  (A) NOTWITHSTANDING ANY PROVISIONS OF LAW TO THE CONTRARY, THE AUTHOR-
ITY SHALL:
  (I) ESTABLISH PRIORITY CRITERIA FOR DISTRIBUTION OF  MONIES  CONTAINED
IN THE FUND CONSISTENT WITH THE PROVISIONS OF THIS SECTION; AND
  (II)  DISTRIBUTE  MONIES  CONTAINED  IN  THE  FUND,  BY WAY OF FULL OR
PARTIAL GRANTS, TO PROJECTS MEETING THE GOALS OF EMISSIONS REDUCTION  IN
ACCORDANCE  WITH  THE PROVISIONS OF THIS SECTION, AND IN ACCORDANCE WITH
ANY APPLICABLE FEDERAL REQUIREMENTS. THE AUTHORITY SHALL, TO THE  EXTENT
POSSIBLE,  DISTRIBUTE  THE MONIES THROUGH RELEVANT PROGRAMS IN EXISTENCE
PRIOR TO THE EFFECTIVE DATE OF THIS SECTION.
  3. MONIES IN THE FUND SHALL BE DISTRIBUTED SOLELY FOR THE RETROFITTING
OF HEAVY DUTY DIESEL ENGINE VEHICLES, OWNED AND OPERATED BY STATE MUNIC-
IPAL, OR PRIVATE ENTITIES, WITH THE BEST AVAILABLE RETROFIT  TECHNOLOGY,
PROVIDED,  HOWEVER,  THAT AN AMOUNT OF UP TO TWO PERCENT OF THE FUND MAY
BE UTILIZED ANNUALLY BY THE AUTHORITY TO PAY FOR COSTS OF  ADMINISTERING
THE FUND.
  4.  SUBJECT  TO  ANY APPLICABLE FEDERAL REQUIREMENTS OR STATE REQUIRE-
MENT, PRIORITY SHALL BE GIVEN TO THOSE PROJECTS THAT:
  (A) ARE SUBJECT TO THE REQUIREMENTS OF THE NEW YORK STATE DIESEL EMIS-
SIONS REDUCTION ACT AS ESTABLISHED BY CHAPTER SIX HUNDRED TWENTY-NINE OF
THE LAWS OF TWO THOUSAND SIX;
  (B) MAXIMIZE PUBLIC HEALTH BENEFITS;
  (C) PROVIDE THE MOST COST-EFFECTIVE EXPENDITURE  OF  FUNDS,  INCLUDING
REDUCTIONS IN DIESEL EMISSIONS PER DOLLAR EXPENDED; AND
  (D) SERVE AREAS IN NEW YORK:
  (I)  IN  NON-ATTAINMENT  OF  THE  NATIONAL AMBIENT AIR QUALITY PRIMARY
STANDARDS ESTABLISHED FOR PARTICULATE MATTER AND OZONE;
  (II) TRADITIONALLY ENVIRONMENTALLY DISENFRANCHISED;

A. 8361                             3

  (III) THAT RECEIVE A DISPROPORTIONATE AMOUNT  OF  AIR  POLLUTION  FROM
DIESEL  FLEETS  INCLUDING  BUT  NOT  LIMITED TO PORTS, TRUCK STOPS, RAIL
YARDS, TERMINALS AND DISTRIBUTION CENTERS.
  (E)  CONSIDERATION  SHALL  ALSO  BE GIVEN FOR NON-ROAD VEHICLES DEMON-
STRATING A SIGNIFICANT REDUCTION IN DIESEL EMISSIONS IN THE  SHORT  TERM
OVER THE USE OF THE HEAVY DUTY DIESEL ENGINE.
  5.  PROPOSED PROJECTS MUST MEET ALL REQUIREMENTS OF APPLICABLE FEDERAL
LAWS.
  6. APPLICATIONS:
  (A) ALL ELIGIBLE PARTIES MAY SUBMIT APPLICATIONS TO THE  AUTHORITY  IN
SUCH MANNER AS THE AUTHORITY DIRECTS;
  (B) ALL APPLICATIONS SHALL INCLUDE, AT A MINIMUM, THE FOLLOWING INFOR-
MATION:
  (I)  ANY INFORMATION REQUIRED FOR ELIGIBILITY TO RECEIVE FEDERAL FUNDS
UNDER ANY APPLICABLE FEDERAL PROGRAM;
  (II) CALCULATION OF THE EXTENT TO WHICH  COMPLETION  OF  THE  PROPOSED
PROJECT WILL REDUCE DIESEL EMISSIONS;
  (III)  MEASUREMENT  OF  THE  AIR QUALITY IN THE AREA IN WHICH VEHICLES
PROPOSED TO BE RETROFITTED OPERATE;
  (IV) EXTENT TO WHICH THE PROPOSED PROJECT MEETS THE PRIORITY  CRITERIA
OF SUBDIVISIONS FOUR AND FIVE OF THIS SECTION; AND
  (V) ANY OTHER INFORMATION THAT THE AUTHORITY REQUIRES.
  7. THE AUTHORITY IS AUTHORIZED TO:
  (A)  CONSULT  WITH  THE  DEPARTMENT OF ENVIRONMENTAL CONSERVATION, THE
DEPARTMENT OF TRANSPORTATION, AND ANY OTHER AGENCY OR  PUBLIC  AUTHORITY
WHICH  THE  AUTHORITY  DEEMS  APPROPRIATE  IN  THE DEVELOPMENT OF DIESEL
RETROFIT PROGRAM DEVELOPED PURSUANT TO THIS SECTION;
  (B) PREPARE, IN CONSULTATION WITH SUCH AGENCIES AND  AUTHORITIES,  AND
TO  MAKE  AVAILABLE  TO  THE PUBLIC, DIESEL RETROFIT PROGRAM MANUALS AND
BROCHURES FOR THE PURPOSE OF ENSURING THAT THE  STANDARDS  AND  CRITERIA
APPLICABLE  TO  SUCH  PROGRAM  ARE  AVAILABLE TO PERSONS WHO MAY WISH TO
PARTICIPATE IN THE PROGRAM, TO FACILITATE THE GOALS OF THE PROGRAM.
  8. NO LATER THAN JANUARY  THIRTY-FIRST  OF  EACH  CALENDAR  YEAR,  THE
AUTHORITY  SHALL  SUBMIT  TO THE GOVERNOR, THE LEGISLATURE AND THE STATE
COMPTROLLER A DETAILED REPORT OF EXPENDITURES OF THE FUND.  SUCH  REPORT
SHALL INCLUDE AT A MINIMUM:
  (A) AN ACCOUNTING OF MONIES PAID INTO THE FUND FROM STATUTORY SOURCES;
  (B) AN ACCOUNTING OF MONIES EXPENDED FOR PURPOSES OF ADMINISTERING THE
FUND;
  (C)  AN  ACCOUNTING  OF  ALL  MONIES PAID OUT OF THE FUND TO PROJECTS,
ARRANGED BY PROJECT, STATUTORY PRIORITY LEVEL AND AREA OF THE STATE;
  (D) AN ESTIMATION OF THE AMOUNT OF DIESEL  EMISSIONS  REDUCED  BY  THE
COMPLETION OF PROJECTS FINANCED BY THE FUND; AND
  (E)  ANY  DISCERNIBLE OR ESTIMATED PUBLIC HEALTH BENEFIT BROUGHT ABOUT
BY REDUCTIONS.
  S 3. This act shall take effect immediately.