STATE OF NEW YORK
________________________________________________________________________
6899--C
2011-2012 Regular Sessions
IN ASSEMBLY
April 5, 2011
___________
Introduced by M. of A. GABRYSZAK, CROUCH, LAVINE, CALHOUN, BURLING,
CORWIN, MONTESANO, REILLY, SCHIMMINGER, TENNEY, WEPRIN, WALTER,
GOODELL -- Multi-Sponsored by -- M. of A. BARCLAY, DUPREY, HAWLEY,
KATZ, LOSQUADRO, MAGEE, McLAUGHLIN, MURRAY, P. RIVERA, RUSSELL,
SAYWARD, STEVENSON, WRIGHT -- read once and referred to the Committee
on Environmental Conservation -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee --
again reported from said committee with amendments, ordered reprinted
as amended and recommitted to said committee -- recommitted to the
Committee on Environmental Conservation in accordance with Assembly
Rule 3, sec. 2 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the environmental conservation law, in relation to the
use of ultra low sulfur diesel fuel and best available technology by
the state
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 19-0323 of the environmental conservation law, as
2 added by chapter 629 of the laws of 2006, subdivision 3 as amended by
3 section 1 of part BB of chapter 60 of the laws of 2011, subdivision 5 as
4 added and subdivisions 6, 7 and 8 as renumbered by section 1 of part C
5 of chapter 59 of the laws of 2010, is amended to read as follows:
6 § 19-0323. Use of ultra low sulfur diesel fuel and best available tech-
7 nology by the state.
8 1. As used in this section, the terms:
9 a. "Ultra low sulfur diesel fuel" means diesel fuel having sulfur
10 content of 0.0015 per cent of sulfur or less.
11 b. "Heavy duty vehicle" or "vehicle" means any on and off-road vehicle
12 powered by diesel fuel and having a gross vehicle weight of greater than
13 8,500 pounds, except that those vehicles defined in section 101 of the
14 vehicle and traffic law, paragraph 2 of schedule E and paragraph (a) of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05844-10-2
A. 6899--C 2
1 schedule F of subdivision 7 of section 401 of such law, and vehicles
2 specified in subdivision 13 of section 401 of such law, and farm type
3 tractors and all terrain type vehicles used exclusively for agricultural
4 or mowing purposes, or for snow plowing, other than for hire, farm
5 equipment, including self-propelled machines used exclusively in grow-
6 ing, harvesting or handling farm produce, and self-propelled caterpillar
7 or crawler-type equipment while being operated on the contract site, and
8 timber harvesting equipment such as harvesters, wood chippers, forward-
9 ers, log skidders, and other processing equipment used exclusively off
10 highway for timber harvesting and logging purposes, shall not be deemed
11 heavy duty vehicles for purposes of this section. This term shall not
12 include vehicles that are specially equipped for emergency response by
13 the department, office of emergency management, sheriff's office of the
14 department of finance, police department or fire department.
15 c. "Best available retrofit technology" means technology, verified by
16 the United States environmental protection agency for reducing the emis-
17 sion of pollutants that achieves reductions in particulate matter emis-
18 sions at the highest classification level for diesel emission control
19 strategies that is applicable to the particular engine and application.
20 Such technology shall also, at a reasonable cost, achieve the greatest
21 reduction in emissions of nitrogen oxides at such particulate matter
22 reduction level and shall in no event result in a net increase in the
23 emissions of either particulate matter or nitrogen oxides.
24 d. "Reasonable cost" means that such technology does not cost greater
25 than 30 percent more than other technology applicable to the particular
26 engine and application that falls within the same classification level
27 for diesel emission control strategies, as set forth in paragraph c of
28 this subdivision, when considering the cost of the strategies, them-
29 selves, and the cost of installation.
30 2. Any diesel powered heavy duty vehicle that is owned by, operated by
31 [or on behalf of,] or leased by a state agency and state and regional
32 public authority shall be powered by ultra low sulfur diesel fuel.
33 3. Any diesel powered heavy duty vehicle that is owned by, operated by
34 [or on behalf of,] or leased by a state agency and state and regional
35 public authority with more than half of its governing body appointed by
36 the governor shall utilize the best available retrofit technology for
37 reducing the emission of pollutants. The commissioner shall promulgate
38 regulations for the implementation of this subdivision specifying that
39 all vehicles covered by this subdivision shall have best available
40 retrofit technology on or before December 31, [2012] 2014.
41 This subdivision shall not apply to any vehicle subject to a lease or
42 public works contract entered into or renewed prior to the effective
43 date of this section.
44 4. In addition to other provisions for regulations in this section,
45 the commissioner shall promulgate regulations as necessary and appropri-
46 ate to carry out the provisions of this act including but not limited to
47 provision for waivers upon written finding by the commissioner that (a)
48 best available retrofit technology for reducing the emissions of pollu-
49 tants as required by subdivision 3 of this section is not available for
50 a particular vehicle or class of vehicles and (b) that ultra low sulfur
51 diesel fuel is not available.
52 5. In addition to any waiver which may be issued pursuant to subdivi-
53 sion four of this section, the department shall issue a waiver to a
54 state agency[,] or a state or regional public authority, [or a person
55 operating any diesel-powered heavy duty vehicle on behalf of a state
56 agency, state or regional public authority], upon a request in a form
A. 6899--C 3
1 acceptable to the department for a waiver from the provisions of subdi-
2 vision three of this section for a vehicle engine provided that such
3 vehicle engine will cease to be used in the state on or before December
4 thirty-first, two thousand thirteen. Any waiver issued pursuant to this
5 subdivision shall expire when a state agency[, a state or regional
6 public authority, or a person operating any diesel-powered heavy duty
7 vehicle on behalf of a state agency,] or a state or regional public
8 authority ceases to use the engine in the state but not later than
9 December thirty-first, two thousand [thirteen] fifteen.
10 6. This section shall not apply where federal law or funding precludes
11 the state from imposing the requirements of this section.
12 7. On or before January 1, 2008 and every year thereafter, the commis-
13 sioner shall report to the governor and legislature on the use of ultra
14 low sulfur diesel fuel and the use of the best available retrofit tech-
15 nology as required under this section. The information contained in this
16 report shall include, but not be limited to, for each state agency and
17 public authority covered by this section: (a) the total number of diesel
18 fuel-powered motor vehicles owned or operated by such agency and author-
19 ity; (b) the number of such motor vehicles that were powered by ultra
20 low sulfur diesel fuel; (c) the total number of diesel fuel-powered
21 motor vehicles owned or operated by such agency and authority having a
22 gross vehicle weight rating of more than 8,500 pounds; (d) the number of
23 such motor vehicles that utilized the best available retrofit technolo-
24 gy, including a breakdown by motor vehicle model, engine year and the
25 type of technology used for each vehicle; (e) the number of such motor
26 vehicles that are equipped with an engine certified to the applicable
27 2007 United States environmental protection agency standard for particu-
28 late matter as set forth in section 86.007-11 of title 40 of the code of
29 federal regulations or to any subsequent United States environmental
30 protection agency standard for particulate matter that is at least as
31 stringent; and (f) all waivers, findings, and renewals of such findings,
32 which, for each waiver, shall include, but not be limited to, the quan-
33 tity of diesel fuel needed to power diesel fuel-powered motor vehicles
34 owned or operated by such agency and authority; specific information
35 concerning the availability of ultra low sulfur diesel fuel.
36 8. The department shall, to the extent practicable, coordinate with
37 regions which have proposed or adopted heavy duty emission inspection
38 programs to promote regional consistency in such programs.
39 § 2. This act shall take effect immediately.
