senate Bill S3293A

2013-2014 Legislative Session

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

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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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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 04, 2014 print number 3293a
amend and recommit to environmental conservation
Jan 08, 2014 referred to environmental conservation
Jan 31, 2013 referred to environmental conservation

Bill Amendments

Original
A (Active)
Original
A (Active)

S3293 - Bill Details

See Assembly Version of this Bill:
A9078
Current Committee:
Senate Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §19-0323, En Con L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S2369C, A6899B
2009-2010: S5817, S7095

S3293 - 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:S3293

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 remove private sector
vehicles and to extend the period of compliance for the retrofitting
of heavy-duty diesel vehicles pursuant to the Diesel Emissions
Reduction Act of 2006 (DERA) as well as the useful life waiver.

SUMMARY OF PROVISIONS: The legislation amends section 19-0323 of the
environmental conservation law to extend the time period by which
vehicles owned by, operated by or leased by a state agency or public
authority must be retrofitted with diesel particulate filter devices.
All vehicles must be retrofitted by December 31, 2015. The legislation
also provides a complete exemption for all private sector vehicles and
extends the useful life waiver.

EXISTING LAW: Current law requires all heavy-duty diesel vehicles to
be retrofitted with diesel particulate filter devices by December 31,
2013. The enacted 2012-13 state budget extended the time period of
compliance for retro-fitting from December 31, 2012 to December 31,
2013. 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 al).

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 private contractors 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,
2013.

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.2369C of 2012

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
________________________________________________________________________

                                  3293

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 31, 2013
                               ___________

Introduced  by  Sen.  SEWARD -- 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 3  as  amended  by
section 1 of part EE of chapter 58 of the laws of 2012, 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.
                                                           LBD08518-01-3

S. 3293                             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.
  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, [2013] 2015.
  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
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] EIGHTEEN.

S. 3293                             3

  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].  ON OR BEFORE  JANUARY  1,  2016
AND  EVERY YEAR THEREAFTER, THE COMMISSIONER SHALL INCLUDE IN THE REPORT
TO THE GOVERNOR AND LEGISLATURE THE USE OF THE BEST  AVAILABLE  RETROFIT
TECHNOLOGY  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
authority;  (b)  the  number of such motor vehicles that were powered by
ultra low sulfur diesel fuel; (c) the total number of  diesel  fuel-pow-
ered  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
technology, 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 appli-
cable 2007 United States environmental protection  agency  standard  for
particulate  matter as set forth in section 86.007-11 of title 40 of the
code of federal regulations or to any subsequent United States  environ-
mental  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 quantity of diesel fuel needed to power  diesel  fuel-powered  motor
vehicles owned or operated by such agency and authority; specific infor-
mation 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.

S3293A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A9078
Current Committee:
Senate Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §19-0323, En Con L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S2369C, A6899B
2009-2010: S5817, S7095

S3293A (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:S3293A

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 remove private sector
vehicles and to extend the period of compliance for the retrofitting
of heavy-duty diesel vehicles pursuant to the Diesel Emissions
Reduction Act of 2006 (DERA) as well as the useful life waiver.

SUMMARY OF PROVISIONS: The legislation amends section 19-0323 of the
environmental conservation law to extend the time period by which
vehicles owned by, operated by or leased by a state agency or public
authority must be retrofitted with diesel particulate filter devices.
All vehicles must be retrofitted by December 31, 2015. The legislation
also provides a complete exemption for all private sector vehicles and
extends the useful life waiver.

EXISTING LAW: Current law requires all heavy-duty diesel vehicles to
be retrofitted with diesel particulate filter devices by December 31,
2013. The enacted 2012-13 state budget extended the time period of
compliance for retro-fitting from December 31, 2012 to December 31,
2013. 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 al).

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 private contractors 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,
2013.

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.2369C of 2012

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
________________________________________________________________________

                                 3293--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 31, 2013
                               ___________

Introduced  by  Sen.  SEWARD -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation
  -- recommitted to  the  Committee  on  Environmental  Conservation  in
  accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

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, subdivisions 3 and 5 as
amended by section 1 of part U of chapter 58 of the laws  of  2013,  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08518-02-4

S. 3293--A                          2

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] 2015.
  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 fourteen. 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

S. 3293--A                          3

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 [fourteen] EIGHTEEN.
  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].  ON OR BEFORE  JANUARY  1,  2016
AND  EVERY YEAR THEREAFTER, THE COMMISSIONER SHALL INCLUDE IN THE REPORT
TO THE GOVERNOR AND LEGISLATURE THE USE OF THE BEST  AVAILABLE  RETROFIT
TECHNOLOGY  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
authority;  (b)  the  number of such motor vehicles that were powered by
ultra low sulfur diesel fuel; (c) the total number of  diesel  fuel-pow-
ered  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
technology, 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 appli-
cable 2007 United States environmental protection  agency  standard  for
particulate  matter as set forth in section 86.007-11 of title 40 of the
code of federal regulations or to any subsequent United States  environ-
mental  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 quantity of diesel fuel needed to power  diesel  fuel-powered  motor
vehicles owned or operated by such agency and authority; specific infor-
mation 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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