S T A T E O F N E W Y O R K
________________________________________________________________________
308
2011-2012 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 5, 2011
___________
Introduced by M. of A. CAHILL, SILVER, FARRELL, GANTT, MAGEE, DINOWITZ,
WRIGHT, BRENNAN, ENGLEBRIGHT, LUPARDO, LANCMAN, REILLY -- Multi-Spon-
sored by -- M. of A. ARROYO, AUBRY, BENEDETTO, CLARK, COLTON, CYMBROW-
ITZ, DESTITO, GABRYSZAK, GALEF, GLICK, GOTTFRIED, GUNTHER, HEVESI,
JACOBS, JAFFEE, KELLNER, LAVINE, LENTOL, LIFTON, MAISEL, MARKEY, McEN-
ENY, MILLMAN, MORELLE, O'DONNELL, ORTIZ, PERRY, PHEFFER, RAMOS,
N. RIVERA, ROBINSON, ROSENTHAL, TOWNS, WEISENBERG, ZEBROWSKI -- read
once and referred to the Committee on Governmental Operations
AN ACT to amend the executive law, in relation to purchase of cleaner
vehicles for use by state agencies
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The executive law is amended by adding a new section 201-b
to read as follows:
S 201-B. PURCHASE OF CLEANER VEHICLES FOR USE BY STATE AGENCIES. 1.
DEFINITIONS. AS USED IN THIS SECTION:
(A) "ALTERNATIVE FUEL" MEANS NATURAL GAS, LIQUEFIED PETROLEUM GAS,
HYDROGEN, ELECTRICITY, AND ANY OTHER FUEL WHICH IS AT LEAST EIGHTY-FIVE
PERCENT, SINGLY OR IN COMBINATION, METHANOL, ETHANOL, ANY OTHER ALCOHOL
OR ETHER.
(B) "ALTERNATIVE FUEL MOTOR VEHICLE" MEANS A MOTOR VEHICLE THAT IS
OPERATED USING SOLELY AN ALTERNATIVE FUEL OR IS OPERATED USING SOLELY AN
ALTERNATIVE FUEL IN COMBINATION WITH GASOLINE OR DIESEL FUEL.
(C) "GROSS VEHICLE WEIGHT RATING" MEANS THE VALUE SPECIFIED BY THE
MANUFACTURER OF A MOTOR VEHICLE MODEL AS THE MAXIMUM DESIGN LOADED
WEIGHT OF A SINGLE VEHICLE OF THAT MODEL.
(D) "LIGHT-DUTY VEHICLE" MEANS ANY MOTOR VEHICLE HAVING A GROSS VEHI-
CLE WEIGHT RATING OF EIGHT THOUSAND FIVE HUNDRED POUNDS OR LESS.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01168-01-1
A. 308 2
(E) "MEDIUM-DUTY VEHICLE" MEANS ANY MOTOR VEHICLE HAVING A GROSS VEHI-
CLE WEIGHT RATING OF MORE THAN EIGHT THOUSAND FIVE HUNDRED POUNDS BUT
NOT MORE THAN FOURTEEN THOUSAND POUNDS.
(F) "MOTOR VEHICLE" MEANS A VEHICLE OPERATED OR DRIVEN UPON A PUBLIC
HIGHWAY WHICH IS PROPELLED BY ANY POWER OTHER THAN MUSCULAR POWER,
EXCEPT ELECTRICALLY-DRIVEN MOBILITY ASSISTANCE DEVICES OPERATED OR DRIV-
EN BY A PERSON WITH A DISABILITY.
(G) "PURCHASE" MEANS PURCHASE, LEASE, BORROW, OR OTHERWISE ACQUIRE.
(H) "STATE AGENCY" MEANS ANY DEPARTMENT, BOARD, BUREAU, COMMISSION,
DIVISION, OFFICE, COUNCIL, COMMITTEE OR OFFICER OF THE STATE, OR A
PUBLIC BENEFIT CORPORATION OR PUBLIC AUTHORITY AT LEAST ONE OF WHOSE
MEMBERS IS APPOINTED BY THE GOVERNOR, BUT SHALL NOT INCLUDE THE GOVERNOR
OR AGENCIES IN THE LEGISLATIVE OR JUDICIAL BRANCHES.
(I) "B100" SHALL MEAN BIO-DIESEL IN ITS PURE FORM.
(J) "B20" SHALL MEAN A MIXTURE OF TWENTY PERCENT BIO-DIESEL AND EIGHTY
PERCENT PETROLEUM FUEL.
(K) "B5" SHALL MEAN A MIXTURE OF FIVE PERCENT BIO-DIESEL AND
NINETY-FIVE PERCENT PETROLEUM FUEL.
(L) "E85" SHALL MEAN A MIXTURE OF EIGHTY-FIVE PERCENT ETHANOL AND
FIFTEEN PERCENT PETROLEUM FUEL.
2. ON AND AFTER JANUARY FIRST, TWO THOUSAND TWELVE, ONE HUNDRED
PERCENT OF ALL NEW LIGHT-DUTY VEHICLES PURCHASED BY STATE AGENCIES SHALL
BE ALTERNATIVE FUEL MOTOR VEHICLES WITH THE EXCEPTION OF SPECIALTY,
POLICE OR EMERGENCY VEHICLES AS DESIGNATED BY THE DIVISION OF THE BUDG-
ET.
3. (A) NOTWITHSTANDING THE PROVISIONS OF SECTION TWO HUNDRED ONE-A OF
THIS ARTICLE, AND EXCEPT AS PROVIDED FOR IN PARAGRAPHS (B) AND (C) OF
THIS SUBDIVISION, ON AND AFTER JANUARY FIRST, TWO THOUSAND TWELVE EACH
MEDIUM-DUTY VEHICLE THAT A STATE AGENCY PURCHASES, WITH THE EXCEPTION OF
SPECIALTY, POLICE OR EMERGENCY VEHICLES AS DESIGNATED BY THE DIVISION OF
THE BUDGET, SHALL ACHIEVE THE HIGHEST OF THE FOLLOWING RATINGS, WITH
SUBPARAGRAPH (I) OF THIS PARAGRAPH BEING THE HIGHEST VEHICLE RATING,
APPLICABLE TO MOTOR VEHICLES CERTIFIED TO CALIFORNIA LEV II STANDARDS
AND AVAILABLE WITHIN THE APPLICABLE MODEL YEAR FOR A MEDIUM-DUTY VEHICLE
THAT MEETS THE REQUIREMENTS FOR THE INTENDED USE OF SUCH VEHICLE:
(I) ZERO EMISSION VEHICLE (ZEV)
(II) ADVANCED TECHNOLOGY PARTIAL ZERO EMISSION VEHICLE (ATPZEV)
(III) PARTIAL ZERO EMISSION VEHICLE (PZEV)
(IV) SUPER ULTRA LOW EMISSION VEHICLE (SULEV)
(V) ULTRA LOW EMISSION VEHICLE (ULEV)
(VI) LOW EMISSION VEHICLE (LEV)
(B) THE STATE AGENCY SHALL NOT BE REQUIRED TO PURCHASE A ZERO EMISSION
VEHICLE OR ADVANCED TECHNOLOGY PARTIAL ZERO EMISSION VEHICLE IN ACCORD-
ANCE WITH SUBPARAGRAPH (I) OF PARAGRAPH (A) OF THIS SUBDIVISION IF THE
ONLY AVAILABLE VEHICLE OR VEHICLES THAT ACHIEVE SUCH A RATING COST
GREATER THAN FIFTY PERCENT MORE THAN THE LOWEST BID AS DETERMINED BY THE
APPLICABLE PROCUREMENT PROCESS FOR A VEHICLE AVAILABLE IN THE NEXT HIGH-
EST RATING CATEGORY THAT MEETS THE REQUIREMENTS FOR THE INTENDED USE BY
THE AGENCY OF SUCH VEHICLE.
(C) NOTWITHSTANDING THE REQUIREMENTS OF PARAGRAPH (A) OF THIS SUBDIVI-
SION, SUCH REQUIREMENTS NEED NOT APPLY TO A MAXIMUM OF FIVE PERCENT OF
THE MEDIUM-DUTY VEHICLES PURCHASED WITHIN EACH YEAR.
4. WHEN PURCHASING VEHICLES OTHER THAN LIGHT-DUTY AND MEDIUM-DUTY
VEHICLES, INCLUDING NON-ROAD VEHICLES, STATE AGENCIES SHALL PURCHASE THE
MOST FUEL EFFICIENT MODEL IN THE VEHICLE CLASS UNLESS THE AGENCY HEAD
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CERTIFIES IN WRITING THAT PURCHASE OF SUCH MODEL WOULD NOT MEET THE
NEEDS OF THE AGENCY.
5. ALL VEHICLES SHALL BE MAINTAINED AND OPERATED IN A MANNER WHICH
MAXIMIZES FUEL EFFICIENCY AND MINIMIZES AIR POLLUTION. THE COMMISSIONER
OF GENERAL SERVICES SHALL ADOPT REGULATIONS AND IMPLEMENT POLICIES
DESIGNED TO REDUCE PETROLEUM CONSUMPTION AND EMISSIONS THROUGH SUCH
MEASURES AS THE ESTABLISHMENT OF FLEET MANAGEMENT PRACTICES TO REDUCE
VEHICLE MILES TRAVELED, AND THE INSTITUTION AND ENFORCEMENT OF MAINTE-
NANCE, FUELING AND DRIVING POLICIES TO MAXIMIZE FUEL ECONOMY.
6. ALL STATE AGENCIES SHALL ENSURE THAT VEHICLES CAPABLE OF OPERATING
ON E85 ETHANOL FUEL SHALL DO SO WHENEVER IT IS FEASIBLE TO DO SO. THE
GOVERNOR'S CLEAN VEHICLE COUNCIL SHALL PREPARE A PLAN OUTLINING STEPS
THAT CAN BE TAKEN TO ENSURE THAT, TO THE GREATEST EXTENT POSSIBLE, ALL
FLEXIBLE-FUELED VEHICLES IN THE STATE FLEET THAT CAN UTILIZE ETHANOL
FUELS WILL DO SO, AND IDENTIFY AND IMPLEMENT MEASURES TO PROVIDE FOR
SUCH REFUELING.
7. (A) THE GOVERNOR'S CLEAN VEHICLE COUNCIL SHALL PREPARE A REPORT
DETAILING HOW SUCH AGENCIES SHALL PURCHASE, ALLOCATE, DISTRIBUTE AND
UTILIZE BIO-DIESEL IN STATE VEHICLES. STATE AGENCIES SHALL PURCHASE,
ALLOCATE, DISTRIBUTE AND UTILIZE BIO-DIESEL IN ACCORDANCE WITH THE
AFOREMENTIONED REPORT, AND AS SPECIFIED IN THE TABLE BELOW. THE PERCENT-
AGE OF DIESEL SHALL BE A BLENDED EQUIVALENT WHICH RESULTS IN AN OVERALL
CONSUMPTION OF B100 AS SET FORTH BELOW.
CALENDAR YEAR B100 PERCENTAGE
2011 6.0%
2012 7.0%
2013 8.0%
2014 10.0%
IN TWO THOUSAND FOURTEEN AND THEREAFTER, THE PERCENTAGE OF DIESEL AS
SPECIFIED ABOVE SHALL BE SET BY THE COMMISSIONER OF GENERAL SERVICES BY
REGULATION, BUT SHALL NOT BE LESS THAN TEN PERCENT.
(B) IN COMPLYING WITH THE REQUIREMENTS OF SUBDIVISION TWO OF THIS
SECTION, STATE AGENCIES MAY SUBSTITUTE THE USE OF FOUR HUNDRED FIFTY
GALLONS OF B100 FOR THE ACQUISITION OF ONE ALTERNATIVE FUEL MOTOR VEHI-
CLE. USE OF TWO THOUSAND TWO HUNDRED FIFTY GALLONS OF B20 OR USE OF
NINE THOUSAND GALLONS OF B5 MAY ALSO BE SUBSTITUTED FOR ONE ALTERNATIVE
FUEL MOTOR VEHICLE. NO MORE THAN FIFTY PERCENT OF A GIVEN STATE AGENCY'S
ALTERNATIVE FUELED MOTOR VEHICLE PURCHASE REQUIREMENT MAY BE MET BY
SUBSTITUTING B100, B20 OR B5 IN ACCORDANCE WITH THIS PARAGRAPH.
(C) THE REQUIREMENTS OF THIS SUBDIVISION MAY BE WAIVED, EITHER IN
WHOLE OR IN PART, BY ANY STATE AGENCY UPON A FINDING BY THE HEAD OF SUCH
AGENCY THAT ADHERENCE TO SUCH REQUIREMENT WOULD HAVE UNACCEPTABLE
IMPACTS UPON THE RELIABLE AND SAFE OPERATION OF SUCH VEHICLES, OR UPON
THE LIFE CYCLE OR WARRANTED PERFORMANCE OF CERTAIN CRITICAL COMPONENTS
OF SUCH VEHICLES. SUCH WAIVERS SHALL BE IN EFFECT NO LONGER THAN NECES-
SARY TO ADDRESS THE CONDITION, OR FOR A MAXIMUM OF SIXTY DAYS FROM THE
ISSUANCE OF THE FINDING, WHICHEVER ONE IS LESS; HOWEVER, IN THE EVENT
THAT THE CONDITION THAT GIVES RISE TO THE WAIVER IS NOT CAPABLE OF BEING
RESOLVED WITHIN A SIXTY-DAY PERIOD, SUCH WAIVERS MAY BE EXTENDED FOR AN
ADDITIONAL PERIOD BY THE HEAD OF THE AGENCY WITH THE CONCURRENCE OF THE
PRESIDENT OF THE NEW YORK STATE RESEARCH AND DEVELOPMENT AUTHORITY,
AFTER CONSULTATION WITH THE COMMISSIONER OF ENVIRONMENTAL CONSERVATION.
8. NOT LATER THAN FEBRUARY FIFTEENTH, TWO THOUSAND THIRTEEN, AND NOT
LATER THAN FEBRUARY FIFTEENTH OF EACH YEAR THEREAFTER, THE COMMISSIONER
OF GENERAL SERVICES SHALL SUBMIT TO THE GOVERNOR, THE TEMPORARY PRESI-
DENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY A REPORT ON THE
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EFFORTS OF EACH AGENCY TO IMPLEMENT THIS SECTION. SUCH REPORT SHALL BE
PREPARED IN CONJUNCTION WITH THE GOVERNOR'S CLEAN VEHICLE COUNCIL AND
SHALL INCLUDE, AT A MINIMUM, INFORMATION ON THE FOLLOWING ACTIVITIES
DURING THE IMMEDIATELY PRECEDING CALENDAR YEAR: (A) THE TOTAL NUMBER OF
LIGHT-DUTY VEHICLES, MEDIUM-DUTY VEHICLES, HEAVY DUTY VEHICLES AND OTHER
MOTOR VEHICLES (INCLUDING NON-ROAD VEHICLES), RESPECTIVELY, PURCHASED BY
SUCH AGENCY; (B) THE TYPE OR TYPES OF FUEL USED BY EACH SUCH VEHICLE;
(C) THE TOTAL NUMBER OF VEHICLES, RESPECTIVELY, PURCHASED BY SUCH AGENCY
THAT ARE CERTIFIED TO CALIFORNIA LEV II STANDARDS IN EACH OF THE SIX
RATING CATEGORIES LISTED IN PARAGRAPH (A) OF SUBDIVISION THREE OF THIS
SECTION, DISAGGREGATED ACCORDING TO VEHICLE MODEL; (D) THE TOTAL VEHICLE
MILES TRAVELED BY SUCH VEHICLES; AND (E) THE TOTAL AMOUNT OF FUEL
CONSUMED BY EACH CATEGORY OF MOTOR VEHICLES OPERATED BY AN AGENCY AND
THE ESTIMATED TOTAL AMOUNT OF EQUIVALENT CARBON DIOXIDE EMITTED BY SUCH
VEHICLES, DISAGGREGATED ACCORDING TO FUEL TYPE.
S 2. Not later than February 15, 2012, the commissioner of general
services shall submit to the governor, the temporary president of the
senate and the speaker of the assembly a report on the status of motor
vehicles operated by state agencies. Such report shall be prepared in
conjunction with the governor's clean vehicle council and shall include,
at a minimum, the following information: (a) the total number of light-
duty vehicles, medium-duty vehicles, heavy-duty vehicles and other motor
vehicles (including non-road vehicles), respectively, operated by such
agency; (b) the type or types of fuel used by each such vehicle; (c) the
total number of vehicles, respectively, operated by such agency that are
certified to California LEV II standards in each of the six rating cate-
gories listed in paragraph (a) of subdivision 3 of section 201-b of the
executive law, as added by section one of this act, disaggregated
according to vehicle model; (d) the total vehicle miles traveled by such
vehicles in 2011; and (e) the total amount of fuel consumed by each
category of motor vehicles operated by an agency and the estimated total
amount of equivalent carbon dioxide emitted by such vehicles in 2011,
disaggregated according to fuel type.
S 3. This act shall take effect January 1, 2012; provided, however,
that the commissioner of general services is immediately authorized and
directed to take any and all actions necessary, including the promulga-
tion of rules and regulations, to implement this act on or before such
effective date.