Memo in Opposition, TED Art VII, Part G

TED Article VII Budget Bill - Part G

MEMORANDUM IN OPPOSITION

            This memorandum is submitted on behalf of Energy Coalition New York, in opposition to the repeal of paragraph d of Transportation Law Section 214, as contained in Part G of the subject Transportation, Economic Development and Environmental Conservation (“TED”) Article VII bill which is part of the Governor’s 2012-2013 Executive Budget submission.

            Energy Coalition New York consists of New York State’s major gas and electric utility companies: Central Hudson Gas & Electric Corporation, Consolidated Edison Inc., National Fuel Gas Distribution Corporation, National Grid, New York State Electric & Gas Corporation, and Rochester Gas and Electric Corporation. Coalition member companies collectively employ more than 32,000 people, service more than 8.5 million customers, and pay more than $3 billion in State and local taxes, assessments and fees. The Coalition member companies annually invest billions of dollars to make capital improvements to the electric and natural gas infrastructure located in New York State.

            This budget proposal would eliminate an exemption from hours of service for incidental drivers engaged in restoration of utility services during a power outage or where there is an imminent risk of an outage. An incidental driver is not primarily employed as a driver of a motor vehicle. This exemption was enacted as Chapter 150 of the Laws of 2002 with unanimous support in both houses of the Legislature. An exemption is critical to insuring reliable utility services in New York State. Restoration of service from outages would be prolonged without an hours of service exemption, which aids the emergency work needed.

            The memorandum in support of the elimination of this exemption cites a federal audit of New York State, which found discrepancies between Federal Motor Carrier Safety Act rules and regulations and State law. On the federal level, the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (“SAFETEA-LU”), which was signed into law on August 10, 2005, exempts operators of utility service vehicles from the hours of service provision of 49 CFR Part 395. It also prohibits a state from enacting or enforcing any hours of service laws or regulations similar to 49 CFR Part 395.

            The thirty-day amendments restored an exemption which is included in Transportation Law §214 for operation of a motor truck owned by a farmer. It is submitted that a utility vehicle exemption should be similarly retained, which replicates the federal exemption.

            Based on the foregoing, Energy Coalition New York respectfully requests that repeal of this provision be deleted from the subject legislation.