S T A T E O F N E W Y O R K
________________________________________________________________________
5593
2017-2018 Regular Sessions
I N A S S E M B L Y
February 10, 2017
___________
Introduced by M. of A. SCHIMMINGER -- read once and referred 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, subdivisions 3, 5 and 7 as
amended by section 1 of part X of chapter 58 of the laws of 2016, and
subdivisions 6 and 8 as renumbered by section 1 of part C of chapter 59
of the laws of 2010, is amended to read as follows:
§ 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] PERCENT 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] ONE
HUNDRED ONE of the vehicle and traffic law, paragraph [2] TWO of sched-
ule E and paragraph (a) of schedule F of subdivision [7] SEVEN of
section [401] FOUR HUNDRED ONE of such law, and vehicles specified in
subdivision [13] THIRTEEN of section [401] FOUR HUNDRED ONE 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 growing, 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, forwarders, log skidders, and other processing equipment used
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09589-01-7
A. 5593 2
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, 2017] THIRTY-FIRST, TWO
THOUSAND NINETEEN.
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] THREE of this section is not avail-
able 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 [eighteen] TWENTY-TWO. 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
A. 5593 3
public authority ceases to use the engine in the state but not later
than December thirty-first, two thousand [eighteen] TWENTY-TWO.
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] FIRST, TWO THOUSAND EIGHT and every
year thereafter, the commissioner shall report to the governor and
legislature on the use of ultra low sulfur diesel fuel. On or before
January [1, 2018] FIRST, TWO THOUSAND TWENTY and every year thereafter,
the commissioner shall include in the report to the governor and legis-
lature 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 author-
ity 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-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 technology, including
a breakdown by motor vehicle model, engine year and the type of technol-
ogy 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 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 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 quantity 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.
§ 2. This act shall take effect immediately.