COMMITTEE ON LEGISLATION
MINUTES: December 5, 2005
LEGISLATION MEMBERS: Chair: Rogowsky; Legislators: Bronz, Stewart-Cousins, Abinanti, Myers, Pinto, Oros
HEALTH MEMBERS: Chair: Stewart-Cousins; Legislator: Alvarado, Myers, Abinanti
ENVIRONMENT MEMBERS: Chair: Abinanti; Legislator: Kaplowitz, LaMotte, Rogowsky, Myers
IN ATTENDANCE: CEO: B. Randolph, A. Neuman; CA: E. Cipollo; DOT: H. Stanton; DPW: R. Butler; BOL: S. Bass, S. Schecter, T. Bernard; GUESTS: B. Burton
With a quorum present, the Committee on Legislation was called to order at 4:09 p.m.
MINUTES
(Bronz, Myers) move to approve the minutes of October 31, 2005 and November 28, 2005. Motion passed 6-0.
With a quorum present, the Committee on Health was called to order at 4:09 p.m.
TANNING SALONS
(Myers, Pinto) moved for the Committee on Legislation; (Myers, Alvarado) moved for the Committee on Health to approve the local law to regulate the use of tanning facilities.
The committee discussed the public hearing on the regulation of tanning salons. They talked about whether the parental permission section of the bill needed to be amended. The law will take affect 180 days after its enactment.
Motion passed by Committee on Health 4-0. Abinanti voting without prejudice. Motion passed by Committee on Legislation 7-0. Burrows, Oros and Abinanti voting without prejudice.
(Alvarado, Abinanti) move to adjourn the Committee on Health. Motion passed 5-0. Committee on Health adjourned at 4:21
With a quorum present, the Committee on Environment was called to order at 4:21 p.m.
ULTRA LOW SULFUR DIESEL FUEL FOR ONROAD AND OFFROAD VEHICLES
(Bronz, Myers) move for the Committee on Legislation as amended; (LaMotte, Kaplowitz) move for the Committee on Environment as amended to approve an act requiring all diesel-powered onroad and nonroad vehicles which are owned, leased and/or operated by or on behalf of Westchester County be powered by ultra low sulfur diesel fuel and to utilize the best available technology to reduce the emission of pollutants.
The Committee’s discussed the amendments to the legislation. These included changes to the definitions of Best Available Technology (BAT), contractor, county work, owned leased and/or operated by or on behalf of Westchester County. The definition of Westchester County was changed to include Westchester Community College.
There was conversation about which vehicles are required to comply with the law. A year was added to the schedule of what percentage of vehicles shall change to ultra low sulfur diesel fuel. The first date was changed to two years from today.
An additional paragraph was added to include standards for onroad and nonroad diesel vehicles which weigh more than 14,000 pounds.
A paragraph was added to include companies which perform work for Westchester County. The language for contracts will be incorporated into the law by reference to the other provisions.
The deadline to determine the best available technology was changed to September 1, 2006.
Section 6c was changed to include language, to refer to emergency procurements as it is currently stated in the County Procurement Policy.
Section 6e (ii) was changed to read, …for fewer than five calendar days per contract.
Section 6e (iii) was amended to include, …a written waiver upon a finding that the best available technology may present a hazard to members of the public.
The committee’s deleted the section to have an annual report as to the location of the vehicles.
The committee’s decided to specify in Section 8, the Commissioner of Health is authorized to enforce the provisions of this section.
The committee’s amended Section 9 from limit the public entity’s authority, to limit Westchester County’s authority.
Section 8a was amended to read, any contractor who violates any provision of this section shall be liable for a civil penalty…
The effective date shall take effect immediately.
Motion approved 5-0 for Committee on Legislation. Motion approved 5-0 for Environment Committee.
IDLING TIME OF DIESEL-POWERED VEHICLES
(Rogowsky,Kaplowitz) move for the Committee on Environment to approve the local law restricting the idling time of diesel powered vehicles.
Motion approved for the Committee on Environment 5-0.
DISPOSAL OF CELLULAR TELEPHONES
(Rogowsky,Kaplowitz) motion to approve a local law regulating the disposal of cellular telephones.
Section 702.03(a) was amended to say, at a facility equipped to accept cellular telephones as identified by the Westchester County Department of Environmental Facilities.
Motion approved for the Committee on Environment 5-0.
(Abinanti, Pinto) move to adjourn The Committee on Legislation. Motion passed 5-0. Committee on Legislation adjourned at 5:17 p.m.
(Kaplowitz, Myers) move to adjourn The Committee on Environment. Motion Passed 5-0. Committee on Environment adjourned at 5:18 p.m.
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