STATE OF NEW YORK
________________________________________________________________________
6379
2011-2012 Regular Sessions
IN ASSEMBLY
March 16, 2011
___________
Introduced by M. of A. KAVANAGH -- read once and referred to the Commit-
tee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
reducing the emission of pollutants from diesel fuel-powered motor
vehicles owned by agencies of cities with populations over 45,000
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The environmental conservation law is amended by adding a
2 new section 19-0306-b to read as follows:
3 § 19-0306-b. Use of ultra low sulfur diesel fuel and best available
4 retrofit technology by diesel fuel-powered motor vehi-
5 cles in cities with populations over forty-five thou-
6 sand.
7 1. Definitions. When used in this section:
8 a. "Best available retrofit technology" means technology, verified by
9 the EPA or the California air resources board, for reducing the emis-
10 sion of pollutants that achieves reductions in particulate matter emis-
11 sions at the highest classification level for diesel emission control
12 strategies, as set forth in subdivision four of this section, that is
13 applicable to the particular engine and application. Such technology
14 shall also, at a reasonable cost, achieve the greatest reduction in
15 emissions of nitrogen oxides at such particulate matter reduction level
16 and shall in no event result in a net increase in the emissions of
17 either particulate matter or nitrogen oxides.
18 b. "City agency" means a city, county, borough, administration,
19 department, division, bureau, board or commission, or a corporation,
20 institution or agency of government, the expenses of which are paid in
21 whole or in part from the city treasury.
22 c. "Gross vehicle weight rating" means the value specified by the
23 manufacturer of a motor vehicle model as the maximum design loaded
24 weight of a single vehicle of that model.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00215-01-1
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1 d. "Motor vehicle" means a vehicle operated or driven upon a public
2 highway which is propelled by any power other than muscular power,
3 except electrically-driven mobility assistance devices operated or driv-
4 en by a person with a disability, provided, however, that this term
5 shall not include vehicles that are specially equipped for emergency
6 response by city fire, police, sheriff or rescue departments.
7 e. "Person" means any natural person, co-partnership, firm, company,
8 association, joint stock association, corporation or other like organ-
9 ization.
10 f. "Reasonable cost" means that such technology does not cost greater
11 than thirty percent more than other technology applicable to the partic-
12 ular engine and application that falls within the same classification
13 level for diesel emission control strategies, as set forth in subdivi-
14 sion four of this section, when considering the cost of the strategies,
15 themselves, and the cost of installation.
16 g. "Ultra low sulfur diesel fuel" means diesel fuel that has a sulfur
17 content of no more than fifteen parts per million.
18 2. a. Each diesel fuel-powered motor vehicle owned or operated by a
19 city agency shall be powered by ultra low sulfur diesel fuel.
20 b. Diesel fuel-powered motor vehicles having a gross vehicle weight
21 rating of more than eighty-five hundred pounds that are owned or oper-
22 ated by city agencies shall utilize the best available retrofit technol-
23 ogy or be equipped with an engine certified to the applicable two thou-
24 sand seven EPA standard for particulate matter as set forth in section
25 86.007-11 of title 40 of the code of federal regulations or to any
26 subsequent EPA standard for such pollutant that is at least as strin-
27 gent, pursuant to the following schedule:
28 (i) 7% of all such motor vehiclesby January 1, 2012;
29 (ii) 14% of all such motor vehiclesby January 1, 2013;
30 (iii) 30% of all such motor vehiclesby January 1, 2014;
31 (iv) 50% of all such motor vehiclesby January 1, 2015;
32 (v) 70% of all such motor vehiclesby January 1, 2016;
33 (vi) 90% of all such motor vehiclesby January 1, 2017;
34 (vii) 100% of all such motor vehiclesby July 1, 2017.
35 3. a. The commissioner shall make determinations, and shall publish a
36 list containing such determinations, as to the best available retrofit
37 technology to be used for each type of diesel fuel-powered motor vehicle
38 to which this section applies. Each such determination shall be reviewed
39 and revised, as needed, on a regular basis, but in no event less often
40 than once every six months.
41 b. The commissioner may determine that a technology, whether or not it
42 has been verified by the EPA or the California air resources board, may
43 be appropriate to test, on an experimental basis, on a particular type
44 of diesel fuel-powered motor vehicle owned or operated by a city agency.
45 The commissioner may authorize such technology to be installed on up to
46 five percent or twenty-five of such type of motor vehicle, whichever is
47 less. Any motor vehicle on which such technology is installed may be
48 counted for the purpose of meeting the requirements of paragraph a of
49 subdivision two of this section. Such technology shall not be required
50 to be installed on other motor vehicles of the same type and shall be
51 subject to the provisions of paragraph c of this subdivision.
52 c. No city agency shall be required to replace best available retrofit
53 technology or experimental technology utilized for a diesel fuel-powered
54 motor vehicle in accordance with the provisions of this section within
55 three years of having first utilized such technology for such vehicle,
56 except that technology that falls within level four, as set forth in
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1 subdivision four of this section, shall not be required to be replaced
2 until it has reached the end of its useful life.
3 4. The classification levels for diesel emission control strategies
4 are as follows, with level four being the highest classification level:
5 a. Level four - strategy reduces diesel particulate matter emissions
6 by eighty-five percent or greater or reduces engine emissions to less
7 than or equal to 0.01 grams diesel particulate matter per brake horse-
8 power-hour;
9 b. Level three - strategy reduces diesel particulate matter emissions
10 by between fifty and eighty-four percent;
11 c. Level two - strategy reduces diesel particulate matter emissions by
12 between twenty-five and forty-nine percent;
13 d. Level one - strategy reduces diesel particulate matter emissions by
14 between twenty and twenty-four percent.
15 5. The commissioner shall issue a written determination that permits
16 the use of diesel fuel that has a sulfur content of no more than thirty
17 parts per million to fulfill the requirements of this section if ultra
18 low sulfur diesel fuel is not available to meet the needs of city agen-
19 cies to fulfill the requirements of this section. Such determination
20 shall expire after six months and shall be renewed in writing every six
21 months if such lack of availability persists, but in no event shall be
22 in effect after September first, two thousand twelve.
23 6. The commissioner may issue a waiver for the use of ultra low sulfur
24 diesel fuel where a city agency makes a written finding, which is
25 approved, in writing, by the commissioner, that a sufficient quantity of
26 ultra low sulfur diesel fuel, or diesel fuel that has a sulfur content
27 of no more than thirty parts per million where a determination is in
28 effect pursuant to subdivision five of this section, is not available to
29 meet the requirements of this section, provided that such agency, to the
30 extent practicable, shall use whatever quantity of ultra low sulfur
31 diesel fuel or diesel fuel that has a sulfur content of no more than
32 thirty parts per million is available for its diesel fuel-powered motor
33 vehicles. Any waiver issued pursuant to this subdivision shall expire
34 after two months, unless the city agency renews the finding, in writing,
35 and the commissioner approves such renewal, in writing.
36 7. a. Not later than January first, two thousand thirteen, and not
37 later than January first of each year thereafter, the commissioner shall
38 submit a report to the legislature regarding, among other things, the
39 use of ultra low sulfur diesel fuel and the use of the best available
40 retrofit technology by diesel fuel-powered motor vehicles owned or oper-
41 ated by city agencies during the immediately preceding calendar year.
42 The information contained in the report required by this subdivision
43 shall include, but not be limited to, for each city agency:
44 (i) the total number of diesel fuel-powered motor vehicles owned or
45 operated by such agency;
46 (ii) the number of such motor vehicles that were powered by ultra low
47 sulfur diesel fuel;
48 (iii) the total number of diesel fuel-powered motor vehicles owned or
49 operated by such agency having a gross vehicle weight rating of more
50 than eighty-five hundred pounds;
51 (iv) the number of such motor vehicles that utilized the best avail-
52 able retrofit technology, including a breakdown by motor vehicle model,
53 engine year and the type of technology used for each vehicle;
54 (v) the number of such motor vehicles that are equipped with an engine
55 certified to the applicable two thousand seven EPA standard for particu-
56 late matter as set forth in section 86.007-11 of title 40 of the code of
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1 federal regulations or to any subsequent EPA standard for particulate
2 matter that is at least as stringent;
3 (vi) the number of such motor vehicles that utilized technology in
4 accordance with paragraph b of subdivision three of this section and the
5 results and analyses regarding the testing of such technology; and
6 (vii) all waivers, findings, and renewals of such findings, issued
7 pursuant to subdivision six of this section, which, for each waiver,
8 shall include, but not be limited to, the quantity of diesel fuel needed
9 to power diesel fuel-powered motor vehicles owned or operated by such
10 agency; specific information concerning the availability of ultra low
11 sulfur diesel fuel or diesel fuel that has a sulfur content of no more
12 than thirty parts per million where a determination is in effect pursu-
13 ant to subdivision five of this section; and detailed information
14 concerning the agency's efforts to obtain ultra low sulfur diesel fuel
15 or diesel fuel that has a sulfur content of no more than thirty parts
16 per million where a determination is in effect pursuant to subdivision
17 five of this section.
18 b. Where a determination is in effect pursuant to subdivision five of
19 this section, information regarding diesel fuel that has a sulfur
20 content of no more than thirty parts per million shall be reported wher-
21 ever information is requested for ultra low sulfur diesel fuel pursuant
22 to paragraph a of this subdivision.
23 c. The report due January first, two thousand thirteen, in accordance
24 with paragraph a of this subdivision shall only include the information
25 required pursuant to subparagraphs (i), (ii) and (vii) of such para-
26 graph.
27 8. This section shall not apply:
28 a. where federal or state funding precludes a city from imposing the
29 requirements of this section; or
30 b. to purchases that are emergency procurements pursuant to local law.
31 9. If any subdivision, paragraph, clause, phrase or other portion of
32 this section is, for any reason, declared unconstitutional or invalid,
33 in whole or in part, by any court of competent jurisdiction such portion
34 shall be deemed severable, and such unconstitutionality or invalidity
35 shall not affect the validity of the remaining portions of this section,
36 which remaining portions shall continue in full force and effect.
37 § 2. This act shall take effect on the one hundred eightieth day after
38 it shall have become a law. Effective immediately the commissioner of
39 environmental conservation is authorized to add, amend, and/or repeal
40 any rule or regulation necessary for the implementation of this act on
41 its effective date.
