S T A T E O F N E W Y O R K
2011-2012 Regular Sessions
I N S E N A T E
January 19, 2011
Introduced by Sens. SEWARD, LARKIN, LIBOUS, MAZIARZ, RANZENHOFER,
SALAND, YOUNG -- read twice and ordered printed, and when printed to
be committed to the Committee on Environmental Conservation -- commit-
tee discharged, bill amended, ordered reprinted as amended and recom-
mitted to said committee -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee --
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 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
or mowing purposes, or for snow plowing, other than for hire, farm
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
S. 2369--C 2
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,  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
thirty-first, two thousand thirteen. Any waiver issued pursuant to this
S. 2369--C 3
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.