NY State Senate Bill 2017-S4404

Senate Bill S4404

2017-2018 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to environmental conservation
Feb 13, 2017	referred to environmental conservation

2017-S4404 (ACTIVE) - Details

See Assembly Version of this Bill:: A5593
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §19-0323, En Con L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A6899
2013-2014: A4552, A9078
2015-2016: S4168, A4208

2017-S4404 (ACTIVE) - Summary

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

2017-S4404 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4404Revised 3/1/17

 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 :

To exempt private sector vehicles from requirements to equip
heavy-duty diesel vehicles with the best available retrofit technology
for reducing the emission of pollutants, and to extend the date of
compliance to the Diesel Emissions Reduction Act of 2006 (DERA), as
well as the waiver for noncompliance.

 SUMMARY OF PROVISIONS :

Section 1 amends section 19-0323 of the Environmental Conservation Law
to exempt private sector heavy-duty diesel vehicles from
emissions-reducing retrofitting technology; extends the date of
compliance for vehicles owned by, operated by or leased by the state
to December 31, 2019; extends the expiration date of waivers issued by
the department of environmental conservation (DEC) to December 31,
2022; and extends the date of first reporting by the commissioner on
the use of best available retrofitting technology to January 1, 2020.

Section 2 provides the effective date.

 EXISTING LAW :

DERA applies to all applicable 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
the state. 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 emission of
sulfur dioxide, nitrogen oxide and other pollutants.

 JUSTIFICATION :

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 prohibitive for many businesses in
New York State. With costs ranging from $15,000460,000 per vehicle,
according to estimates, this presents an additional challenge for
businesses that are already struggling with the ever-increasing costs
associated with taxes, insurance and workers' compensation premiums,
energy and fuel, and 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.

The department of transportation (DOT) still has 597 noncompliant
vehicles so more time is needed to fully comply with DERA retrofitting
requirements. This is very important considering the astronomical
penalties: non-compliant vehicles can be charged $18,000 for the first
violation and an additional $15,000 for each day of non-compliance and
$26,000 for a second violation, with an additional $22,500 per day.

 LEGISLATIVE HISTORY :

2015-2016: A.4208-B/SA168-A;
2013-2014: A.9078/S.3293;
2012: A.6899.
Extensions have been provided in previously-enacted budgets, including
S.2008B, Part II (2015); S.6357D, Part DD (2014); S.2608D, Part U
(2013); S.6258D, Part EE (2012); and S.2810C, Part BB (2011).
 FISCAL IMPLICATIONS :

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

 EFFECTIVE DATE :
Immediately.

2017-S4404 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4404
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 13, 2017
                                ___________
 
 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, 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

 S. 4404                             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

 S. 4404                             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.

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