STATE OF NEW YORK
________________________________________________________________________
2492
2025-2026 Regular Sessions
IN SENATE
January 21, 2025
___________
Introduced by Sens. GOUNARDES, COMRIE, FERNANDEZ -- read twice and
ordered printed, and when printed to be committed to the Committee on
Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
enacting the advanced clean fleets law
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 19-0306-b of the environmental
2 conservation law, as amended by chapter 109 of the laws of 2022, is
3 amended to read as follows:
4 1. It shall be a goal of the state that one hundred percent of new
5 passenger cars and trucks offered for sale or lease, or sold, or leased,
6 for registration in the state shall be zero-emissions by two thousand
7 thirty-five. It shall be a further goal of the state that fifty percent
8 of medium-duty and heavy-duty vehicles offered for sale or lease, or
9 sold, or leased, for registration in the state be zero-emissions by two
10 thousand thirty-two, that eighty percent of medium-duty and heavy-duty
11 vehicles offered for sale or lease, or sold, or leased, for registration
12 in the state be zero-emissions by two thousand thirty-seven, and that
13 one hundred percent of medium-duty and heavy-duty vehicles offered for
14 sale or lease, or sold, or leased, for registration in the state be
15 zero-emissions by two thousand [forty-five] forty-two for all operations
16 where feasible. It shall be further a goal of the state to transition to
17 one hundred percent zero-emissions from new off-road vehicles and equip-
18 ment purchased beginning in two thousand thirty-five, where feasible.
19 § 2. Paragraph b of subdivision 2 of section 19-0306-b of the environ-
20 mental conservation law, as amended by chapter 109 of the laws of 2022,
21 is amended to read as follows:
22 b. Medium-duty and heavy-duty vehicle regulations requiring increasing
23 volumes of new zero-emissions trucks and buses offered for sale or
24 lease, or sold, or leased, for registration and operated in the state
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01417-01-5
S. 2492 2
1 towards the target of fifty percent of the sold or leased fleet transi-
2 tioning to zero-emissions vehicles by two thousand thirty-two, eighty
3 percent of the sold or leased fleet transitioning to zero-emissions
4 vehicles by two thousand thirty-seven, and one hundred percent of the
5 sold or leased fleet transitioning to zero-emissions vehicles by two
6 thousand [forty-five] forty-two everywhere feasible.
7 § 3. The environmental conservation law is amended by adding a new
8 section 19-0306-c to read as follows:
9 § 19-0306-c. Advanced clean fleets law for medium- and heavy-duty vehi-
10 cles.
11 1. This section shall be known and may be cited and referred to as the
12 "advanced clean fleets law".
13 2. As used in this section, the following terms shall have the
14 following meanings:
15 (a) "Break-bulk goods" shall mean goods that are stowed on a drayage
16 truck in individually counted units.
17 (b) "Drayage truck" shall mean any in-use on-road vehicle that trans-
18 ports cargo, such as containerized bulk or break-bulk goods, between a
19 maritime terminal and intermodal rail facility, distribution center, or
20 other near-port location.
21 (c) "Fleet operator" or "operator" shall mean the individual or busi-
22 ness entity, whether in partnership, limited liability company, joint
23 stock company, corporation, or any other form, which owns a truck, or a
24 broker, which, as a principal or agent, sells, offers to sell, or nego-
25 tiates for truck transportation by a motor carrier for compensation.
26 For the purposes of this paragraph, "truck" shall refer to a medium-duty
27 vehicle, as defined in paragraph (i) of this subdivision, a heavy-duty
28 vehicle, as defined in paragraph (e) of this subdivision, a drayage
29 truck, as defined in paragraph (b) of this subdivision, or any truck, as
30 defined in paragraph (n) of this subdivision, owned, operated, or
31 controlled as part of a high priority fleet, as defined in paragraph (f)
32 of this subdivision.
33 (d) "Gross vehicle weight rating" or "GVWR" shall mean the weight of a
34 vehicle consisting of the unladen weight and the maximum carrying capac-
35 ity recommended by the manufacturer of such vehicle.
36 (e) "Heavy-duty vehicle" shall mean a vehicle with a gross vehicle
37 weight rating greater than twenty thousand six hundred pounds.
38 (f) "High priority fleets" shall mean trucking fleets which are owned,
39 operated, or controlled by entities with fifty million dollars or more
40 in annual gross revenue and that own, operate, or control at least one
41 vehicle with a gross vehicle weight rating of greater than eight thou-
42 sand five hundred pounds, or trucking fleets which are owned, operated,
43 or controlled by entities which own, operate, or control at least fifty
44 vehicles with a gross vehicle weight rating of greater than eight thou-
45 sand five hundred pounds.
46 (g) "Intermodal rail facility" shall mean a facility owned or operated
47 by a public or private entity that receives both drayage trucks and
48 locomotives.
49 (h) "Maritime terminal" shall mean wharves, bulkheads, quays, piers,
50 docks, and other berthing locations and adjacent storage or adjacent
51 areas and structures associated with the primary movement of cargo and
52 goods from vessel to shore, or shore to vessel, including structures
53 which are devoted to receiving, handling, holding, consolidating, and
54 loading or delivery of waterborne shipments or passengers, including
55 areas devoted to the maintenance of the terminal or equipment.
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1 (i) "Medium-duty vehicle" shall mean a vehicle with a gross vehicle
2 weight rating between fourteen thousand one pounds and twenty thousand
3 six hundred pounds.
4 (j) "Motor carrier" shall mean a common and contract carrier of prop-
5 erty by motor vehicle and a common carrier of household goods by motor
6 vehicle.
7 (k) "Near zero emissions" shall refer to a vehicle that uses zero
8 emission technologies or technologies that provide a pathway to zero
9 emission operations or a vehicle that incorporates other technologies
10 that significantly reduce exhaust emissions of any greenhouse gas,
11 criteria pollutant, or precursor pollutant under any and all possible
12 operational modes and conditions.
13 (l) "On-road" shall mean a vehicle that is designed to be driven on
14 public highways, as such term is defined in section one hundred thirty-
15 four of the vehicle and traffic law, and that is registered or capable
16 of being registered pursuant to article fourteen of the vehicle and
17 traffic law.
18 (m) "Zero emission" shall refer to a vehicle powered by means of a
19 battery or fuel cell or a combination thereof, or another source of
20 power, that produces zero exhaust emissions of any greenhouse gas,
21 criteria pollutant, or precursor pollutant under any and all possible
22 operational modes and conditions.
23 (n) "Truck" shall mean a vehicle with a gross vehicle weight rating of
24 greater than eight thousand five hundred pounds.
25 3. No later than one year after the effective date of this section,
26 all fleet operators, as defined in paragraph (c) of subdivision two of
27 this section, shall be required to compile and deliver a report to the
28 department which shall detail:
29 (a) the number and type of contracts the fleet operator may have to
30 deliver items or perform work in the state of New York;
31 (b) what types of facilities the fleet operator uses to store such
32 operator's medium- and heavy-duty vehicle fleet as a home base, and
33 whether such fleet is primarily fueled at such home base;
34 (c) whether such storage facility is owned or leased by the fleet
35 operator;
36 (d) whether such storage facility contains refueling infrastructure
37 and the type of such infrastructure;
38 (e) the body and fuel type of each vehicle of the operator's fleet;
39 (f) how many vehicles in the operator's fleet are zero emission vehi-
40 cles or near zero emission vehicles compared to non-zero emission or
41 non-near zero emission vehicles;
42 (g) the weight class of each vehicle in the operator's fleet;
43 (h) the estimated daily and annual mileage of each vehicle in the
44 operator's fleet;
45 (i) whether the operator's fleet has a predictable usage pattern, and
46 if so, a description of such pattern;
47 (j) whether the operator's fleet tows a trailer and if so, a
48 description of the weight and type of such trailer;
49 (k) whether the operator's fleet is registered outside the state of
50 New York, and if so, where such fleet is registered;
51 (l) the percentage of an operator's fleet being driven on public high-
52 ways compared to the percentage parked at a facility on an average day;
53 (m) the average annual mileage of the operator's fleet;
54 (n) whether the operator's fleet is equipped with a global positioning
55 system or other form of electronic mileage tracking;
S. 2492 4
1 (o) how many years after purchase or lease a vehicle in the operator's
2 fleet is typically kept;
3 (p) whether the fleet operator is the owner of the fleet or is
4 dispatching vehicles as a broker of such fleet; and
5 (q) any other information the department deems necessary in order to
6 enforce the provisions of this section.
7 4. (a) Commencing in the year two thousand twenty-nine, no fleet oper-
8 ator shall newly purchase or lease a drayage truck in this state unless
9 such truck is a zero emission or near zero emission vehicle.
10 (b) Commencing in the year two thousand thirty-seven, no fleet opera-
11 tor shall maintain or drive a drayage truck in this state unless it is a
12 zero emission or near zero emission vehicle.
13 (c) Commencing in the year two thousand forty-two, no fleet operator
14 shall maintain or drive a medium- or heavy-duty vehicle in this state
15 unless it is a zero emission or near zero emission vehicle.
16 (d) Commencing in the year two thousand twenty-nine, no high priority
17 fleet operator may newly purchase or lease a truck in this state unless
18 such truck is a zero emission or near zero emission vehicle. Also
19 commencing in the year two thousand twenty-nine, all high priority fleet
20 operators must replace a non-zero emission or non-near zero emission
21 truck that has reached the end of its useful life, defined as occurring
22 when either (i) the model year for the engine of such truck has exceeded
23 eighteen years, or (ii) such truck has been driven more than eight
24 hundred thousand miles, whichever is sooner, with a zero emission or
25 near zero emission truck. High priority fleet operators shall not be
26 required to replace a non-zero emission or non-near zero emission truck
27 that has reached the end of its useful life, however, if such operator
28 has determined that a replacement for such truck is unnecessary because
29 of a reduction in the size of such operator's fleet.
30 (e) (i) The commissioner may, in their discretion, exempt fleet oper-
31 ators from the zero emission or near zero emission fleet requirements
32 described in this subdivision if no such zero emission or near zero
33 emission vehicle model is available for purchase or lease which meets
34 the needs of such fleet operator, in which case the fleet operator shall
35 be able to purchase or lease an alternative vehicle model, including
36 models with an internal combustion engine, where necessary. The
37 commissioner shall promulgate rules and/or regulations to effectuate the
38 provisions of this paragraph.
39 (ii) The department shall maintain, on a publicly accessible website,
40 a list of vehicle models, sortable by manufacturer and model year, which
41 are not yet available as a zero emission or near zero emission vehicle.
42 5. (a) The department shall establish a navigation program to provide
43 information and assistance to fleet operators relating to the provisions
44 of this section. Such program shall include assistance by a natural
45 person by phone and email as well as the posting of information on a
46 publicly accessible website.
47 (b) The navigation program shall provide the following:
48 (i) information about available zero emission and near zero emission
49 models of vehicles for fleet operators covered under this section;
50 (ii) information about available programs to assist fleet operators in
51 the purchasing or lease of zero emission and near zero emission vehi-
52 cles, such as but not limited to, vouchers, rebates, competitive grants,
53 low-cost financing, or any other program offered by any public or
54 private entity; and
55 (iii) any other information the department deems relevant in order to
56 compel compliance with the provisions of this section.
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1 (c) The department shall conduct an outreach and education campaign to
2 inform fleet operators of the provisions of this section.
3 6. No later than two years after the effective date of this section,
4 and each year thereafter, the department shall issue a report on the
5 state of the trucking industry as it relates to the provisions of this
6 section. Such report shall include:
7 (a) the number of fleet operators covered by this section and an
8 aggregate description of such operators' fleets, including the number of
9 drayage trucks and medium- and heavy-duty vehicles across the state;
10 (b) the aggregate percentage of vehicles owned, operated, or
11 controlled by fleet operators covered under this section which are zero
12 emission or near zero emission vehicles compared to non-zero emission or
13 non-near zero emission vehicles;
14 (c) an aggregate description of the purchase or lease of new vehicles
15 by fleet operators and whether such vehicles are zero emission or near
16 zero emission vehicles compared to non-zero emission or non-near zero
17 emission vehicles;
18 (d) an aggregate description, by number and percentage, of non-zero
19 emission or non-near zero emission vehicles covered by this section
20 which were not able to be replaced with zero emission or near zero emis-
21 sion vehicles due to such vehicle model's unavailability, as well as
22 such model's anticipated date, if any, of availability by any vehicle
23 manufacturer;
24 (e) the estimated aggregate annual mileage of fleet operators covered
25 by this section;
26 (f) the estimated aggregate annual tailpipe emissions of fleet opera-
27 tors covered by this section, based on the mileage reported in paragraph
28 (e) of this subdivision;
29 (g) recommendations for any legislative changes to this section; and
30 (h) any other information the department deems necessary to include as
31 a description of the trucking industry's compliance with this act.
32 Such report shall be delivered on an annual basis to the temporary
33 president of the senate, the speaker of the assembly, and the governor.
34 Such report shall also be posted for public review in a clear and
35 conspicuous manner on the department's website.
36 7. (a) Any fleet operator who violates the provisions of subdivision
37 four of this section shall be liable, in the case of a first violation,
38 for a penalty not less than five hundred dollars nor more than eighteen
39 thousand dollars for said violation; provided, however, that the commis-
40 sioner may in their discretion suspend such penalty for a period of one
41 calendar year. If at the end of such calendar year, such fleet operator
42 remains noncompliant with subdivision four of this section, such penalty
43 shall be reinstated and become immediately due and payable to the
44 commissioner.
45 (b) In the case of a second or any further violation, the liability
46 shall be for a penalty not to exceed twenty-six thousand dollars for
47 said violation.
48 § 4. This act shall take effect on the one hundred eightieth day after
49 it shall have become a law. Effective immediately, the addition, amend-
50 ment and/or repeal of any rule or regulation necessary for the implemen-
51 tation of this act on its effective date are authorized to be made and
52 completed on or before such effective date.
