senate Bill S2369C

2011-2012 Legislative Session

Relates to the use of ultra low sulfur diesel fuel and the best available technology by the state

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Sponsored By

Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to environmental conservation
Jun 24, 2011 recommitted to rules
Jun 21, 2011 ordered to third reading cal.1451
committee discharged and committed to rules
Jun 10, 2011 print number 2369c
amend and recommit to environmental conservation
May 27, 2011 print number 2369b
amend and recommit to environmental conservation
Mar 14, 2011 print number 2369a
amend and recommit to environmental conservation
Jan 19, 2011 referred to environmental conservation

Votes

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Jun 21, 2011 - Rules committee Vote

S2369C
14
8
committee
14
Aye
8
Nay
1
Aye with Reservations
0
Absent
0
Excused
1
Abstained
show Rules committee vote details

Bill Amendments

Original
A
B
C (Active)
Original
A
B
C (Active)

Co-Sponsors

view additional co-sponsors

S2369 - Bill Details

Current Committee:
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §19-0323, En Con L
Versions Introduced in 2009-2010 Legislative Session:
S5817, S7095

S2369 - Bill Texts

view summary

Relates to the use of ultra low sulfur diesel fuel and the best available technology by the state.

view sponsor memo
BILL NUMBER:S2369

TITLE OF BILL:
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

PURPOSE:
The purpose of the legislation is to extend the period of
compliance for retrofitting heavy-duty diesel vehicles pursuant to
the Diesel Emissions Reduction Act of 2006 (DERA).

SUMMARY OF PROVISIONS:
The legislation amends section 19-0323 of the
environmental conservation law to extend the time period by which all
heavy-duty diesel vehicles must be retrofitted with diesel
particulate filter devices, from December 31, 2010 to December
31, 2016. The legislation also provides a complete exemption for all
vehicles that are within five years of their useful life.

EXISTING LAW:
Current law requires all heavy-duty diesel vehicles to be
retrofitted with diesel particulate filter devices by December 31,
2010.DEC recently issued a stay on enforcement of these
regulations during the pendency of a court case challenging the
regulation (Matter of New York Construction
Materials Association,
Inc. v. New York State Department of Environmental Conservation,
et als).

JUSTIFICATION:
The Diesel Emissions Reduction Act (DERA) applies to
all heavy-duty diesel vehicles owned by state agencies or public
authorities, as well as to contractors, subcontractors and material
suppliers who do work on public job sites pursuant to contracts with
state agencies or public authorities. Along with requiring the use of
ultra low sulfur diesel fuel, DERA requires all applicable heavy-duty
diesel vehicles to be retrofitted with diesel particulate devices to
reduce the emissions of sulfur dioxide, nitrogen oxides and other
pollutants by December 31, 2010.

While reducing the emissions of various pollutants is certainly a
worthy goal, the best available technology for retrofitting
heavy-duty diesel vehicles has proven to be cost-prohibitive for many
businesses in New York State, running as high as $25,000 to $30,000
per truck. These hefty costs will present many challenges for
businesses in the state, that are already struggling with
ever-increasing costs associated with taxes, insurance and workers'
compensation premiums, energy and fuel, along with other production
costs. Many businesses will simply be unable to make such a sizeable
investment and may be forced to close their doors. Extending the
period of compliance for an extra five years will give affected
businesses the opportunity to better plan for the increased costs.
In addition, the cost of retrofitting will exceed the value of certain
vehicles in company fleets.


LEGISLATIVE HISTORY:
S.7095 of 2010.

FISCAL IMPLICATIONS:
The bill would likely result in significant savings to the state.

EFFECTIVE DATE:
Immediately.

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

                                  2369

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 19, 2011
                               ___________

Introduced by Sens. SEWARD, LARKIN, MAZIARZ, RANZENHOFER, SALAND -- read
  twice  and  ordered  printed,  and when printed to be committed to the
  Committee on Environmental Conservation

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  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
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05844-01-1

S. 2369                             2

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.
  E.  "USEFUL  LIFE"  MEANS  THE PERIOD OF PROBABLE USEFULNESS FOR WHICH
INDEBTEDNESS WAS INCURRED FOR A VEHICLE  AS  ESTABLISHED  IN  APPLICABLE
STATE  FINANCE  LAW  OR  LOCAL  FINANCE LAW, REFLECTED IN THE PERIOD FOR
WHICH INDEBTEDNESS WAS INCURRED BY THE OWNER OF THE VEHICLE.
  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 proce-
dures for compliance according to the following schedule:
  a. Not less than 33% of the vehicles covered by this subdivision shall
have best available retrofit technology on or before December 31, 2008.
  b. Not less than 66% of the vehicles covered by this subdivision shall
have best available retrofit technology on or before December 31, 2009.
  c.  [All]  THE REMAINDER OF vehicles covered by this subdivision shall
have best available retrofit technology on or before December 31, 2010 ;
PROVIDED THAT SUCH VEHICLES ARE NOT WITHIN FIVE  YEARS  OF  THE  END  OF
THEIR  USEFUL  LIFE  AND SHALL CEASE TO BE OPERATED UPON THE END OF SUCH
USEFUL LIFE. PROVIDED FURTHER THAT ALL VEHICLES COVERED BY THIS SUBDIVI-
SION SHALL HAVE BEST AVAILABLE RETROFIT TECHNOLOGY ON OR BEFORE DECEMBER
31, 2016.
  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.

S. 2369                             3

  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,
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.
  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.

Co-Sponsors

view additional co-sponsors

S2369A - Bill Details

Current Committee:
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §19-0323, En Con L
Versions Introduced in 2009-2010 Legislative Session:
S5817, S7095

S2369A - Bill Texts

view summary

Relates to the use of ultra low sulfur diesel fuel and the best available technology by the state.

view sponsor memo
BILL NUMBER:S2369A

TITLE OF BILL:
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

PURPOSE:
The purpose of the legislation is to extend the period of
compliance for retrofitting heavy-duty diesel vehicles pursuant to
the Diesel Emissions Reduction Act of 2006 (DERA).

SUMMARY OF PROVISIONS:
The legislation amends section 19-0323 of the
environmental conservation law to extend the time period by which all
heavy-duty diesel vehicles must be retrofitted with diesel
particulate filter devices. 50 percent of vehicles must be
retrofitted by December 31, 2012 and all vehicles must be
retrofitted by December 31, 2014. The legislation also provides a
complete exemption for all private contractors.

EXISTING LAW:
Current law requires all heavy-duty diesel vehicles to
be retrofitted with diesel particulate filter devices by December 3
1, 2010. DEC recently issued a stay on enforcement of these
regulations during the pendency of a court case challenging the
regulation (Matter of New York Construction Materials Association,
Inc. v. New York State Department of Environmental
Conservation, et als).

JUSTIFICATION:
The Diesel Emissions Reduction Act (DERA) applies to
all heavy-duty diesel vehicles owned by state agencies or public
authorities, as well as to contractors, subcontractors and material
suppliers who do work on public job sites pursuant to contracts with
state agencies or public authorities. Along with requiring the use of
ultra low sulfur diesel fuel, DERA requires all applicable heavy-duty
diesel vehicles to be retrofitted with diesel particulate devices to
reduce the emissions of sulfur dioxide, nitrogen oxides and other
pollutants by December 31, 2010.

While reducing the emissions of various pollutants is certainly a
worthy goal, the best available technology for retrofitting
heavy-duty diesel vehicles has proven to be cost-prohibitive for many
businesses in New York State, running as high as $25,000 to $30,000
per truck. These hefty costs will present many challenges for
businesses in the state, that are already struggling with
ever-increasing costs associated with taxes, insurance and workers'
compensation premiums, energy and fuel, along with other production
costs. Exempting all private contractors will relieve many businesses
from this sizeable investment that they are simply unable to pay and
would force them to close their doors. Extending the period of
compliance for an extra two years for no less than 50 percent of
heavy duty diesel vehicles, and four years for all heavy-duty diesel
vehicles, will give affected businesses the opportunity to better


plan for the increased costs. In addition, the cost of retrofitting
will exceed the value of certain vehicles in company fleets.

LEGISLATIVE HISTORY:
S.7095 of 2010.

FISCAL IMPLICATIONS:
The bill would likely result in significant savings to the state.

EFFECTIVE DATE:
Immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2369--A

                       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

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  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
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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05844-02-1

S. 2369--A                          2

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 proce-
dures for compliance according to the following schedule:
  a. [Not less than 33% of the  vehicles  covered  by  this  subdivision
shall  have best available retrofit technology on or before December 31,
2008.
  b.] Not less than 66% of the  vehicles  covered  by  this  subdivision
shall  have best available retrofit technology on or before December 31,
[2009] 2012.
  [c.] B. All vehicles covered  by  this  subdivision  shall  have  best
available retrofit technology on or before December 31, [2010] 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

S. 2369--A                          3

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,] 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.

Co-Sponsors

view additional co-sponsors

S2369B - Bill Details

Current Committee:
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §19-0323, En Con L
Versions Introduced in 2009-2010 Legislative Session:
S5817, S7095

S2369B - Bill Texts

view summary

Relates to the use of ultra low sulfur diesel fuel and the best available technology by the state.

view sponsor memo
BILL NUMBER:S2369B REVISED 05/31/11

TITLE OF BILL:
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

PURPOSE:
The purpose of the legislation is to extend the period of
compliance for retrofitting heavy-duty diesel vehicles pursuant to
the Diesel Emissions Reduction Act of 2006 (DERA).

SUMMARY OF PROVISIONS:
The legislation amends section 19-0323 of the
environmental conservation law to extend the time period by which all
heavy-duty diesel vehicles must be retrofitted with diesel
particulate filter devices. All vehicles must be retrofitted by
December 31, 2014. The legislation also provides a complete exemption
for all private contractors.

EXISTING LAW:
Current law requires all heavy-duty diesel vehicles to
be retrofitted with diesel particulate filter devices by December 31,
2012. The enacted 2011-12 state budget extended the time period of
compliance for retrofitting from December 31, 2010 to December 31,
2012. The State of New York Supreme Court, Appellate Division
released their decision on the court case challenging the DEC
regulations (Matter of New York Construction Materials Association,
Inc. v. New York State Department of Environmental Conservation, et
als).

JUSTIFICATION:
The Diesel Emissions Reduction Act (DERA) applies to
all heavy-duty diesel vehicles owned by state agencies or public
authorities, as well as to contractors, subcontractors and material
suppliers who do work on public job sites pursuant to contracts with
state agencies or public authorities. Along with requiring the use of
ultra low sulfur diesel fuel, DERA requires all applicable heavy-duty
diesel vehicles to be retrofitted with diesel particulate devices to
reduce the emissions of sulfur dioxide, nitrogen oxides and other
pollutants by December 31, 2012.

While reducing the emissions of various pollutants is certainly a
worthy goal, the best available technology for retrofitting
heavy-duty diesel vehicles has proven to be cost-prohibitive for many
businesses in New York State, running as high as $25,000 to $30,000
per truck. These hefty costs will present many challenges for
businesses in the state, that are already struggling with
ever-increasing costs associated with taxes, insurance and workers'
compensation premiums, energy and fuel, along with other production
costs. Exempting all private contractors will relieve many businesses
from this sizeable investment that they are simply unable to pay and
would force them to close their doors. Extending the period of
compliance for an extra two years for no less than 50 percent of
heavy duty diesel vehicles, and four years for all heavy-duty diesel
vehicles, will give affected businesses the opportunity to better


plan for the increased costs. In addition, the cost of retrofitting
will exceed the value of certain vehicles in company fleets.

LEGISLATIVE HISTORY:
S.7095 of 2010.

FISCAL IMPLICATIONS:
The bill would likely result in significant
savings to the state.

EFFECTIVE DATE:
Immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2369--B

                       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

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
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.
                                                           LBD05844-04-1

S. 2369--B                          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, [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,
two thousand thirteen. Any waiver issued pursuant  to  this  subdivision

S. 2369--B                          3

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.

Co-Sponsors

view additional co-sponsors

S2369C (ACTIVE) - Bill Details

Current Committee:
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §19-0323, En Con L
Versions Introduced in 2009-2010 Legislative Session:
S5817, S7095

S2369C (ACTIVE) - Bill Texts

view summary

Relates to the use of ultra low sulfur diesel fuel and the best available technology by the state.

view sponsor memo
BILL NUMBER:S2369C REVISED 01/26/12

TITLE OF BILL:
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

PURPOSE:
The purpose of the legislation is to extend the period of compliance
for retrofitting heavy-duty diesel vehicles pursuant to the Diesel
Emissions Reduction Act of 2006 (DERA).

SUMMARY OF PROVISIONS:
The legislation amends section 19-0323 of the environmental
conservation law to extend the time period by which all heavy-duty
diesel vehicles must be retrofitted with diesel particulate filter
devices. All vehicles must be retrofitted by December 31, 2014. The
legislation also provides a complete exemption for all private sector
vehicles.

EXISTING LAW:
Current law requires all heavy-duty diesel vehicles to be retrofitted
with diesel particulate filter devices by December 31, 2012. The
enacted 2011-12 state budget extended the time period of compliance
for retrofitting from December 31, 2010 to December 31, 2012. The
State of New York Supreme Court, Appellate Division released their
decision on the court case challenging the DEC regulations (Matter of
New York Construction Materials Association. Inc. v. New York State
Department of Environmental Conservation. et als).

JUSTIFICATION:
The Diesel Emissions Reduction Act (DERA) applies to all heavy-duty
diesel vehicles owned by state agencies or public authorities, as well
as to contractors, subcontractors and material suppliers who do work
on public job sites pursuant to contracts with state agencies or
public authorities. Along with requiring the use of ultra low sulfur
diesel fuel, DERA requires all applicable heavy-duty diesel vehicles
to be retrofitted with diesel particulate devices to reduce the
emissions of sulfur dioxide, nitrogen oxides and other pollutants by
December 31, 2012.

While reducing the emissions of various pollutants is certainly a
worthy goal, the best available technology for retrofitting heavy-duty
diesel vehicles has proven to be cost-prohibitive for many businesses
in New York State, running as high as $25,000 to $30,000 per truck.
These hefty costs will present many challenges for businesses in the
state, that are already struggling with ever-increasing costs
associated with taxes, insurance and workers' compensation premiums,
energy and fuel, along with other production costs. Exempting all
private sector vehicles will relieve many businesses from this
sizeable investment that they are simply unable to pay and would force
them to close their doors. In addition, the cost of retrofitting will
exceed the value of certain vehicles in company fleets.

LEGISLATIVE HISTORY:
S.7095 of 2010.


FISCAL IMPLICATIONS:
The bill would likely result in significant savings to the state.

EFFECTIVE DATE:
Immediately.

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

                                 2369--C

                       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 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
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.
                                                           LBD05844-08-1

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, [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
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.

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