S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6899--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              April 5, 2011
                               ___________

Introduced  by  M.  of  A.  GABRYSZAK, CROUCH, LAVINE, CALHOUN, BURLING,
  CORWIN, MONTESANO, REILLY, SCHIMMINGER, TENNEY, WEPRIN --  Multi-Spon-
  sored  by  -- M. of A.  BARCLAY, DUPREY, GOODELL, HAYES, KATZ, LOSQUA-
  DRO, MAGEE, McLAUGHLIN, MURRAY, P. RIVERA, RUSSELL,  SAYWARD,  STEVEN-
  SON,   WRIGHT   --   read  once  and  referred  to  the  Committee  on
  Environmental Conservation  --  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:

  Section 1. Section 19-0323 of the environmental conservation  law,  as
added  by  chapter  629 of the laws of 2006, subdivision 3 as amended by
section 1 of part BB of chapter 60 of the  laws  of  2011,  the  closing
paragraph  of subdivision 3 as added by chapter 629 of the laws of 2006,
subdivision 5 as added and subdivisions 6, 7  and  8  as  renumbered  by
section  1  of  part  C of chapter 59 of the laws of 2010, is amended to
read as follows:
S 19-0323. Use of ultra low sulfur diesel fuel and best available  tech-
             nology by the state.
  1. As used in this section, the terms:
  a.  "Ultra  low  sulfur  diesel  fuel" means diesel fuel having sulfur
content of 0.0015 per cent of sulfur or less.
  b. "Heavy duty vehicle" or "vehicle" means any on and off-road vehicle
powered by diesel fuel and having a gross vehicle weight of greater than
8,500 pounds, except that those vehicles defined in section 101  of  the
vehicle  and traffic law, paragraph 2 of schedule E and paragraph (a) of
schedule F of subdivision 7 of section 401 of  such  law,  and  vehicles
specified  in  subdivision  13 of section 401 of such law, and farm type
tractors and all terrain type vehicles used exclusively for agricultural

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05844-05-1
              

A. 6899--A                          2

or mowing purposes, or for snow  plowing,  other  than  for  hire,  farm
equipment,  including  self-propelled machines used exclusively in grow-
ing, harvesting or handling farm produce, and self-propelled caterpillar
or crawler-type equipment while being operated on the contract site, and
timber  harvesting equipment such as harvesters, wood chippers, forward-
ers, log skidders, and other processing equipment used  exclusively  off
highway  for timber harvesting and logging purposes, shall not be deemed
heavy duty vehicles for purposes of this section.  This term  shall  not
include  vehicles  that are specially equipped for emergency response by
the department, office of emergency management, sheriff's office of  the
department of finance, police department or fire department.
  c.  "Best available retrofit technology" means technology, verified by
the United States environmental protection agency for reducing the emis-
sion of pollutants that achieves reductions in particulate matter  emis-
sions  at  the  highest classification level for diesel emission control
strategies that is applicable to the particular engine and  application.
Such  technology  shall also, at a reasonable cost, achieve the greatest
reduction in emissions of nitrogen oxides  at  such  particulate  matter
reduction  level  and  shall in no event result in a net increase in the
emissions of either particulate matter or nitrogen oxides.
  d. "Reasonable cost" means that such technology does not cost  greater
than  30 percent more than other technology applicable to the particular
engine and application that falls within the same  classification  level
for  diesel  emission control strategies, as set forth in paragraph c of
this subdivision, when considering the cost  of  the  strategies,  them-
selves, and the cost of installation.
  2. Any diesel powered heavy duty vehicle that is owned by, operated by
[or  on  behalf  of,] or leased by a state agency and state and regional
public authority shall be powered by ultra low sulfur diesel fuel.
  3. Any diesel powered heavy duty vehicle that is owned by, operated by
[or on behalf of,] or leased by a state agency and  state  and  regional
public  authority with more than half of its governing body appointed by
the governor shall utilize the best available  retrofit  technology  for
reducing  the  emission of pollutants. The commissioner shall promulgate
regulations for the implementation of this subdivision  specifying  that
all  vehicles  covered  by  this  subdivision  shall have best available
retrofit technology on or before December 31, [2012] 2014.
  This subdivision shall not apply to any vehicle subject to a lease  or
public  works  contract  entered  into or renewed prior to the effective
date of this section.
  4. In addition to other provisions for regulations  in  this  section,
the commissioner shall promulgate regulations as necessary and appropri-
ate to carry out the provisions of this act including but not limited to
provision  for waivers upon written finding by the commissioner that (a)
best available retrofit technology for reducing the emissions of  pollu-
tants  as required by subdivision 3 of this section is not available for
a particular vehicle or class of vehicles and (b) that ultra low  sulfur
diesel fuel is not available.
  5.  In addition to any waiver which may be issued pursuant to subdivi-
sion four of this section, the department shall  issue  a  waiver  to  a
state agency, a state or regional public authority, [or a person operat-
ing  any diesel-powered heavy duty vehicle on behalf of a state agency,]
state or regional public authority, upon a request in a form  acceptable
to  the department for a waiver from the provisions of subdivision three
of this section for a vehicle engine provided that such  vehicle  engine
will  cease  to be used in the state on or before December thirty-first,

A. 6899--A                          3

two thousand thirteen. Any waiver issued pursuant  to  this  subdivision
shall  expire when a state agency, a state or regional public authority,
[or a person operating any diesel-powered heavy duty vehicle  on  behalf
of a state agency,] state or regional public authority ceases to use the
engine  in the state but not later than December thirty-first, two thou-
sand [thirteen] FOURTEEN.
  6. This section shall not apply where federal law or funding precludes
the state from imposing the requirements of this section.
  7. On or before January 1, 2008 and every year thereafter, the commis-
sioner shall report to the governor and legislature on the use of  ultra
low  sulfur diesel fuel and the use of the best available retrofit tech-
nology as required under this section. The information contained in this
report shall include, but not be limited to, for each state  agency  and
public authority covered by this section: (a) the total number of diesel
fuel-powered motor vehicles owned or operated by such agency and author-
ity;  (b)  the  number of such motor vehicles that were powered by ultra
low sulfur diesel fuel; (c) the  total  number  of  diesel  fuel-powered
motor  vehicles  owned or operated by such agency and authority having a
gross vehicle weight rating of more than 8,500 pounds; (d) the number of
such motor vehicles that utilized the best available retrofit  technolo-
gy,  including  a  breakdown by motor vehicle model, engine year and the
type of technology used for each vehicle; (e) the number of  such  motor
vehicles  that  are  equipped with an engine certified to the applicable
2007 United States environmental protection agency standard for particu-
late matter as set forth in section 86.007-11 of title 40 of the code of
federal regulations or to any  subsequent  United  States  environmental
protection  agency  standard  for particulate matter that is at least as
stringent; and (f) all waivers, findings, and renewals of such findings,
which, for each waiver, shall include, but not be limited to, the  quan-
tity  of  diesel fuel needed to power diesel fuel-powered motor vehicles
owned or operated by such agency  and  authority;  specific  information
concerning the availability of ultra low sulfur diesel fuel.
  8.  The  department  shall, to the extent practicable, coordinate with
regions which have proposed or adopted heavy  duty  emission  inspection
programs to promote regional consistency in such programs.
  S 2. This act shall take effect immediately.

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6899--B

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              April 5, 2011
                               ___________

Introduced  by  M.  of  A.  GABRYSZAK, CROUCH, LAVINE, CALHOUN, BURLING,
  CORWIN, MONTESANO, REILLY, SCHIMMINGER, TENNEY, WEPRIN --  Multi-Spon-
  sored  by  -- M. of A.  BARCLAY, DUPREY, GOODELL, HAYES, KATZ, LOSQUA-
  DRO, MAGEE, McLAUGHLIN, MURRAY, P. RIVERA, RUSSELL,  SAYWARD,  STEVEN-
  SON,   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

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:

  Section 1. Section 19-0323 of the environmental conservation  law,  as
added  by  chapter  629 of the laws of 2006, subdivision 3 as amended by
section 1 of part BB of chapter 60 of the laws of 2011, subdivision 5 as
added and subdivisions 6, 7 and 8 as renumbered by section 1 of  part  C
of chapter 59 of the laws of 2010, is amended to read as follows:
S 19-0323.  Use of ultra low sulfur diesel fuel and best available tech-
             nology by the state.
  1. As used in this section, the terms:
  a. "Ultra low sulfur diesel fuel"  means  diesel  fuel  having  sulfur
content of 0.0015 per cent of sulfur or less.
  b. "Heavy duty vehicle" or "vehicle" means any on and off-road vehicle
powered by diesel fuel and having a gross vehicle weight of greater than
8,500  pounds,  except that those vehicles defined in section 101 of the
vehicle and traffic law, paragraph 2 of schedule E and paragraph (a)  of
schedule  F  of  subdivision  7 of section 401 of such law, and vehicles
specified in subdivision 13 of section 401 of such law,  and  farm  type
tractors and all terrain type vehicles used exclusively for agricultural

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05844-09-1
              

A. 6899--B                          2

or  mowing  purposes,  or  for  snow  plowing, other than for hire, farm
equipment, including self-propelled machines used exclusively  in  grow-
ing, harvesting or handling farm produce, and self-propelled caterpillar
or crawler-type equipment while being operated on the contract site, and
timber  harvesting equipment such as harvesters, wood chippers, forward-
ers, log skidders, and other processing equipment used  exclusively  off
highway  for timber harvesting and logging purposes, shall not be deemed
heavy duty vehicles for purposes of this section.  This term  shall  not
include  vehicles  that are specially equipped for emergency response by
the department, office of emergency management, sheriff's office of  the
department of finance, police department or fire department.
  c.  "Best available retrofit technology" means technology, verified by
the United States environmental protection agency for reducing the emis-
sion of pollutants that achieves reductions in particulate matter  emis-
sions  at  the  highest classification level for diesel emission control
strategies that is applicable to the particular engine and  application.
Such  technology  shall also, at a reasonable cost, achieve the greatest
reduction in emissions of nitrogen oxides  at  such  particulate  matter
reduction  level  and  shall in no event result in a net increase in the
emissions of either particulate matter or nitrogen oxides.
  d. "Reasonable cost" means that such technology does not cost  greater
than  30 percent more than other technology applicable to the particular
engine and application that falls within the same  classification  level
for  diesel  emission control strategies, as set forth in paragraph c of
this subdivision, when considering the cost  of  the  strategies,  them-
selves, and the cost of installation.
  2. Any diesel powered heavy duty vehicle that is owned by, operated by
[or  on  behalf  of,] or leased by a state agency and state and regional
public authority shall be powered by ultra low sulfur diesel fuel.
  3. Any diesel powered heavy duty vehicle that is owned by, operated by
[or on behalf of,] or leased by a state agency and  state  and  regional
public  authority with more than half of its governing body appointed by
the governor shall utilize the best available  retrofit  technology  for
reducing  the  emission of pollutants. The commissioner shall promulgate
regulations for the implementation of this subdivision  specifying  that
all  vehicles  covered  by  this  subdivision  shall have best available
retrofit technology on or before December 31, [2012] 2014.
  This subdivision shall not apply to any vehicle subject to a lease  or
public  works  contract  entered  into or renewed prior to the effective
date of this section.
  4. In addition to other provisions for regulations  in  this  section,
the commissioner shall promulgate regulations as necessary and appropri-
ate to carry out the provisions of this act including but not limited to
provision  for waivers upon written finding by the commissioner that (a)
best available retrofit technology for reducing the emissions of  pollu-
tants  as required by subdivision 3 of this section is not available for
a particular vehicle or class of vehicles and (b) that ultra low  sulfur
diesel fuel is not available.
  5.  In addition to any waiver which may be issued pursuant to subdivi-
sion four of this section, the department shall  issue  a  waiver  to  a
state  agency[,]  OR  a state or regional public authority, [or a person
operating any diesel-powered heavy duty vehicle on  behalf  of  a  state
agency,  state  or  regional public authority], upon a request in a form
acceptable to the department for a waiver from the provisions of  subdi-
vision  three  of  this  section for a vehicle engine provided that such
vehicle engine will cease to be used in the state on or before  December

A. 6899--B                          3

thirty-first,  two thousand thirteen. Any waiver issued pursuant to this
subdivision shall expire when a  state  agency[,  a  state  or  regional
public  authority,  or  a person operating any diesel-powered heavy duty
vehicle  on  behalf  of  a  state agency,] OR A state or regional public
authority ceases to use the engine in  the  state  but  not  later  than
December thirty-first, two thousand [thirteen] FOURTEEN.
  6. This section shall not apply where federal law or funding precludes
the state from imposing the requirements of this section.
  7. On or before January 1, 2008 and every year thereafter, the commis-
sioner  shall report to the governor and legislature on the use of ultra
low sulfur diesel fuel and the use of the best available retrofit  tech-
nology as required under this section. The information contained in this
report  shall  include, but not be limited to, for each state agency and
public authority covered by this section: (a) the total number of diesel
fuel-powered motor vehicles owned or operated by such agency and author-
ity; (b) the number of such motor vehicles that were  powered  by  ultra
low  sulfur  diesel  fuel;  (c)  the total number of diesel fuel-powered
motor vehicles owned or operated by such agency and authority  having  a
gross vehicle weight rating of more than 8,500 pounds; (d) the number of
such  motor vehicles that utilized the best available retrofit technolo-
gy, including a breakdown by motor vehicle model, engine  year  and  the
type  of  technology used for each vehicle; (e) the number of such motor
vehicles that are equipped with an engine certified  to  the  applicable
2007 United States environmental protection agency standard for particu-
late matter as set forth in section 86.007-11 of title 40 of the code of
federal  regulations  or  to  any subsequent United States environmental
protection agency standard for particulate matter that is  at  least  as
stringent; and (f) all waivers, findings, and renewals of such findings,
which,  for each waiver, shall include, but not be limited to, the quan-
tity of diesel fuel needed to power diesel fuel-powered  motor  vehicles
owned  or  operated  by  such agency and authority; specific information
concerning the availability of ultra low sulfur diesel fuel.
  8. The department shall, to the extent  practicable,  coordinate  with
regions  which  have  proposed or adopted heavy duty emission inspection
programs to promote regional consistency in such programs.
  S 2. This act shall take effect immediately.

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6899--C

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              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:

  Section  1.  Section 19-0323 of the environmental conservation law, as
added by chapter 629 of the laws of 2006, subdivision 3  as  amended  by
section 1 of part BB of chapter 60 of the laws of 2011, subdivision 5 as
added  and  subdivisions 6, 7 and 8 as renumbered by section 1 of part C
of chapter 59 of the laws of 2010, is amended to read as follows:
S 19-0323. Use of ultra low sulfur diesel fuel and best available  tech-
             nology by the state.
  1. As used in this section, the terms:
  a.  "Ultra  low  sulfur  diesel  fuel" means diesel fuel having sulfur
content of 0.0015 per cent of sulfur or less.
  b. "Heavy duty vehicle" or "vehicle" means any on and off-road vehicle
powered by diesel fuel and having a gross vehicle weight of greater than
8,500 pounds, except that those vehicles defined in section 101  of  the
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

schedule F of subdivision 7 of section 401 of  such  law,  and  vehicles
specified  in  subdivision  13 of section 401 of such law, and farm type
tractors and all terrain type vehicles used exclusively for agricultural
or  mowing  purposes,  or  for  snow  plowing, other than for hire, farm
equipment, including self-propelled machines used exclusively  in  grow-
ing, harvesting or handling farm produce, and self-propelled caterpillar
or crawler-type equipment while being operated on the contract site, and
timber  harvesting equipment such as harvesters, wood chippers, forward-
ers, log skidders, and other processing equipment used  exclusively  off
highway  for timber harvesting and logging purposes, shall not be deemed
heavy duty vehicles for purposes of this section.  This term  shall  not
include  vehicles  that are specially equipped for emergency response by
the department, office of emergency management, sheriff's office of  the
department of finance, police department or fire department.
  c.  "Best available retrofit technology" means technology, verified by
the United States environmental protection agency for reducing the emis-
sion of pollutants that achieves reductions in particulate matter  emis-
sions  at  the  highest classification level for diesel emission control
strategies that is applicable to the particular engine and  application.
Such  technology  shall also, at a reasonable cost, achieve the greatest
reduction in emissions of nitrogen oxides  at  such  particulate  matter
reduction  level  and  shall in no event result in a net increase in the
emissions of either particulate matter or nitrogen oxides.
  d. "Reasonable cost" means that such technology does not cost  greater
than  30 percent more than other technology applicable to the particular
engine and application that falls within the same  classification  level
for  diesel  emission control strategies, as set forth in paragraph c of
this subdivision, when considering the cost  of  the  strategies,  them-
selves, and the cost of installation.
  2. Any diesel powered heavy duty vehicle that is owned by, operated by
[or  on  behalf  of,] or leased by a state agency and state and regional
public authority shall be powered by ultra low sulfur diesel fuel.
  3. Any diesel powered heavy duty vehicle that is owned by, operated by
[or on behalf of,] or leased by a state agency and  state  and  regional
public  authority with more than half of its governing body appointed by
the governor shall utilize the best available  retrofit  technology  for
reducing  the  emission of pollutants. The commissioner shall promulgate
regulations for the implementation of this subdivision  specifying  that
all  vehicles  covered  by  this  subdivision  shall have best available
retrofit technology on or before December 31, [2012] 2014.
  This subdivision shall not apply to any vehicle subject to a lease  or
public  works  contract  entered  into or renewed prior to the effective
date of this section.
  4. In addition to other provisions for regulations  in  this  section,
the commissioner shall promulgate regulations as necessary and appropri-
ate to carry out the provisions of this act including but not limited to
provision  for waivers upon written finding by the commissioner that (a)
best available retrofit technology for reducing the emissions of  pollu-
tants  as required by subdivision 3 of this section is not available for
a particular vehicle or class of vehicles and (b) that ultra low  sulfur
diesel fuel is not available.
  5.  In addition to any waiver which may be issued pursuant to subdivi-
sion four of this section, the department shall  issue  a  waiver  to  a
state  agency[,]  OR  a state or regional public authority, [or a person
operating any diesel-powered heavy duty vehicle on  behalf  of  a  state
agency,  state  or  regional public authority], upon a request in a form

A. 6899--C                          3

acceptable to the department for a waiver from the provisions of  subdi-
vision  three  of  this  section for a vehicle engine provided that such
vehicle engine will cease to be used in the state on or before  December
thirty-first,  two thousand thirteen. Any waiver issued pursuant to this
subdivision shall expire when a  state  agency[,  a  state  or  regional
public  authority,  or  a person operating any diesel-powered heavy duty
vehicle on behalf of a state agency,] OR  A  state  or  regional  public
authority  ceases  to  use  the  engine  in the state but not later than
December thirty-first, two thousand [thirteen] FIFTEEN.
  6. This section shall not apply where federal law or funding precludes
the state from imposing the requirements of this section.
  7. On or before January 1, 2008 and every year thereafter, the commis-
sioner shall report to the governor and legislature on the use of  ultra
low  sulfur diesel fuel and the use of the best available retrofit tech-
nology as required under this section. The information contained in this
report shall include, but not be limited to, for each state  agency  and
public authority covered by this section: (a) the total number of diesel
fuel-powered motor vehicles owned or operated by such agency and author-
ity;  (b)  the  number of such motor vehicles that were powered by ultra
low sulfur diesel fuel; (c) the  total  number  of  diesel  fuel-powered
motor  vehicles  owned or operated by such agency and authority having a
gross vehicle weight rating of more than 8,500 pounds; (d) the number of
such motor vehicles that utilized the best available retrofit  technolo-
gy,  including  a  breakdown by motor vehicle model, engine year and the
type of technology used for each vehicle; (e) the number of  such  motor
vehicles  that  are  equipped with an engine certified to the applicable
2007 United States environmental protection agency standard for particu-
late matter as set forth in section 86.007-11 of title 40 of the code of
federal regulations or to any  subsequent  United  States  environmental
protection  agency  standard  for particulate matter that is at least as
stringent; and (f) all waivers, findings, and renewals of such findings,
which, for each waiver, shall include, but not be limited to, the  quan-
tity  of  diesel fuel needed to power diesel fuel-powered motor vehicles
owned or operated by such agency  and  authority;  specific  information
concerning the availability of ultra low sulfur diesel fuel.
  8.  The  department  shall, to the extent practicable, coordinate with
regions which have proposed or adopted heavy  duty  emission  inspection
programs to promote regional consistency in such programs.
  S 2. This act shall take effect immediately.