NY State Senate Bill 2023-S6298A

Current 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 08, 2024	print number 6298a
Jan 08, 2024	amend and recommit to environmental conservation
Jan 03, 2024	referred to environmental conservation
Apr 12, 2023	referred to environmental conservation

Bill Amendments

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2023-S6298 - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §19-0306-b, add §19-0306-c, En Con L

2023-S6298 - Summary

Enacts an advanced clean fleets law to reduce vehicle emissions for medium- and heavy-duty vehicles.

2023-S6298 - Sponsor Memo

                                 
BILL NUMBER: S6298

SPONSOR: GOUNARDES
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
enacting the advanced clean fleets law

 
PURPOSE OR GENERAL IDEA OF BILL:

To enact a New York version of California's landmark Advanced Clean
Fleets regulation to deploy zero-emission medium- and heavy-duty vehi-
cles everywhere feasible

 
SUMMARY OF PROVISIONS:

Section one of the bill amends subdivision 1 of section 19-0306-b of the
Environmental Conservation Law to provide that it shall be a goal of the
state that 50% of medium- and heavy-duty vehicles offered for sale or
lease, or sold or leased, for registration be zero-emissions by 2030,
that 80% of such vehicles offered for sale or lease or sold or leased be
zero-emissions by 2035, and that 100% of such vehicles offered for sale

or lease or sold or leased by zero-emissions by 2040 for all operations
where feasible.

Section two of the bill makes conforming amendments to paragraph b of
subdivision 2 of section 19-0306-b of the Environmental Conservation
Law.

Section three of the bill adds a new section 19-0306-c to the Environ-
mental Conservation Law to create the Advanced Clean Fleets Law for
medium- and heavy-duty vehicles:

Subdivision one of this section names it the Advanced Clean Fleets Law.

Subdivision two of this section sets definitions.

Subdivision three of this section provides that all fleet operators
covered by this act shall produce a report to the Department of Environ-
mental Conservation (DEC) within one year on the makeup of the opera-
tor's truck inventory and how it is used.

Paragraph (a) of subdivision four of this section provides that,
commencing in the year 2027, no fleet operator may newly purchase or
lease a drayage truck, defined as on-road vehicles that transport cargo
between a maritime terminal and intermodal rail facility, distribution
center, or other near-port location, unless such truck is a zero emis-
sion vehicle (ZEV) or near zero emission vehicle (NZEV) model.

Paragraph (b) of subdivision four of this section provides that,
commencing in the year 2035, no fleet operator shall maintain or drive a
drayage truck upon the public highways of this state unless it is a ZEV
or NZEV model.

Paragraph (c ) of subdivision four of this section provides that,
commencing in the year 2040, no fleet operator of any medium- or heavy-
duty vehicle shall maintain or drive such vehicles in this state unless
they are ZEV or NZEV models.

Paragraph (d) of subdivision four of this section provides that,
commencing in the year 2027, no high priority fleet operator, defined as
entities with $50 million or more in annual gross revenues and who own,
operate, or control at least one vehicle with a gross vehicle weight
rating of greater than 8,500 pounds or who own, operate, or control at
least fifty vehicles with a gross vehicle weight rating of greater than
8,500 pounds, shall newly purchase or lease a truck unless it is a ZEV
or NZEV model.

Also commencing in 2027, high priority fleet operators must begin
replacing non-ZEV or NZEV models that have reached the end of their
useful life, defined as occurring when the model year for the truck has
exceeded eighteen years, or such truck has been driven more than 800,000
miles, whichever is sooner. High priority fleet operators shall not be
required to replace trucks at the end of their useful lives, however, if
they deem such replacement to be unnecessary, i.e.  if they are downsiz-
ing their fleet and don't need a replacement.

Paragraph (e) of subdivision four of this section allows the DEC Commis-
sioner to exempt fleet operators from the requirements of paragraphs (a)
through (d) of this subdivision if no such ZEV or NZEV model is avail-
able which meets the needs of the operator. The department must also
maintain a list online of truck models not yet available as ZEVs or
NZEVs.

Subdivision five of this section provides that DEC shall establish a
navigation program to help fleet operators comply with the provisions of
this act, which shall include information about available ZEV or NZEV
models as well as information on programs to assist with the purchase or
lease of ZEV or NZEV trucks. The department must also conduct an
outreach and education campaign to inform fleet operators about the
provisions of this act.

Subdivision six of this section provides that DEC shall publish an annu-
al report on the state of the trucking industry's transition to ZEV or
NZEV models as well as estimated aggregate annual mileage and tailpipe
emissions.

Subdivision seven of this section sets civil fines for violations
between $500 and $18,000 for a first offense and up to $26,000 for
subsequent offenses. These fine levels are based on similar penalties
prescribed in Environmental Conservation Law § 71-2103 for illegally
selling, leasing, importing, delivering, purchasing, or registering
vehicles which violate the state's emission standards. The Commissioner
may in their discretion grant a grace period of up to one year for an
operator to come into compliance.

Section four sets the effective date.

 
JUSTIFICATION:

New York's landmark 2019 Climate Leadership and Community Protection Act
(CLCPA) set a goal of reducing greenhouse gas emissions economy-wide 40%
by 2030 and 80% by 2050 from 1990 levels. The Climate Action Council's
Final Scoping Plan, which is the planning document that lays out a road-
map for how New York State may achieve these goals, calls for 40% or
more of medium- and heavy-duty vehicle sales and 10% of medium- and
heavy-duty vehicles total to be zero-emission by 2030 (Scoping Plan:
Full Report, December 2022, New York State Climate Action Council,
p.147.). By 2050, the scoping plan declares, the transportation sector
must shift almost completely to ZEVs (Scoping Plan: Full Report, Decem-
ber 2022, New York State Climate Action Council, p.148). Recognizing the
need for this transition, New York has recently begun to offer several
programs to entice MHD vehicle operators to purchase ZEV models, includ-
ing the Drive Clean Rebate, which offers up to $2,000 for EV purchases
or leases; the New York State Truck Voucher Incentive program, offering
up to $385,000 for the purchase or lease of EV trucks or buses, and the
Charge Ready NY program, offering $4,000 per Level 2 charging port
(Scoping Plan: Full Report, December 2022, New York State Climate Action
Council, pp. 150-151).

The policy envisioned in this bill, which is recommended on pp. 159 -
160 of the scoping plan, is based on California's groundbreaking
Advanced Clean Fleets (ACF) regulation, which was first proposed in 2020
and is currently undergoing review at a series of meetings, workshops,
and public events before it can be finalized and adopted by the Califor-
nia Air Resources Board (GARB). CARB designed the ZEV purchasing goals
of the ACF with the fleet owners most able to shoulder the cost of ZEV
purchases as well as those that pose the greatest public health concerns
in mind. For this reason, the ACF sets earlier 100% ZEV timetables for
"drayage trucks," which are vehicles that make short-distance trips from
seaports or rail yards in overburdened communities, as well as "high
priority" fleets, defined as entities with $50 million or more in gross
annual revenue and that own, operate, or control at least one vehicle
with a gross vehicle weight rating greater than 8,500 pounds or entities
that own, operate, or control at least 50 or more vehicles with a gross
vehicle weight rating of greater than 8,500 pounds.

The ACF Law envisioned by this legislation takes a similar approach,
setting the following fleet requirements for different types of opera-
tors:

- By 2027: All newly purchased or leased drayage trucks must be zero
emission (ZEV) or near zero emission vehicles (NZEV)

- Also by 2027: All newly purchased or leased trucks in high priority
fleets must be ZEV or NZEV and high priority fleet operators must begin
replacing current trucks with such models once they reach the end of
their useful lives

- By 2035: All existing drayage trucks must be ZEV or NZEV

- By 2040: All medium- and heavy-duty trucks must be ZEV or NZEV

The Department of Environmental Conservation (DEC), who would be in
charge of enforcing the law, would have discretion to waive the above
requirements if they determine that no ZEV or NZEV model exists which
meets a fleet operator's needs.

Fleet operators would also be required to submit a report to DEC detail-
ing the current makeup of their inventory, estimated daily and annual
mileage, details on storage facilities, and other information, and DEC
in turn would be required to publish an annual report on the state of
the trucking industry's compliance with this act. Willful noncompliance
with the Advanced Clean Fleets Law would be subject to the same civil

fines in place for violations of the state's vehicle emissions standards
in ECL § 71-2103.

Replicating the ZEV purchasing requirements of California's historic
Advanced Clean Fleets rule is both smart public policy, ensuring that
the state is better able to meet the carbon reduction emissions of the
CLCPA, and necessary for social and environmental justice, as the heav-
iest trucks are disproportionately concentrated in communities already
bearing the brunt of air and noise pollution. Reads the draft scoping
plan, "(d)iesel trucks and port equipment are one of the largest sources
of local air pollution in Disadvantaged Communities.  Although they
comprise only a small portion of total vehicles in the State, diesel
trucks and buses are responsible for 30% of total particulate matter and
NOX emissions from mobile sources. Replacing (them) with ZEV trucks...is
a critical component of climate justice and would have a substantial
impact on improving air quality statewide, especially in Disadvantaged
Communities." (Scoping Plan:  Full Report, December 2022, New York State
Climate Action Council, p.  159). With a pandemic-fueled surge in over-
night package deliveries, this burden in disadvantaged communities is
only expected to grow in the coming decades. Ultimately, an Advanced
Clean Fleets law can work in tandem with other policies such as invest-
ments into alternative modes of freight transportation to solve our
state and city's last mile trucking program. Bills such as this repre-
sent a commonsense step forward on the path to a fossil fuel-free
future.

 
PRIOR LEGISLATIVE HISTORY:

None

 
FISCAL IMPLICATIONS:

TBD

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law.

2023-S6298 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6298
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              April 12, 2023
                                ___________
 
 Introduced by Sen. GOUNARDES -- 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
   enacting the advanced clean fleets law
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  1  of section 19-0306-b of the environmental
 conservation law, as amended by chapter 109 of  the  laws  of  2022,  is
 amended to read as follows:
   1.  It  shall  be  a goal of the state that one hundred percent of new
 passenger cars and trucks offered for sale or lease, or sold, or leased,
 for registration in the state shall be zero-emissions  by  two  thousand
 thirty-five.  It shall be a further goal of the state that FIFTY PERCENT
 OF MEDIUM-DUTY AND HEAVY-DUTY VEHICLES OFFERED FOR  SALE  OR  LEASE,  OR
 SOLD,  OR LEASED, FOR REGISTRATION IN THE STATE BE ZERO-EMISSIONS BY TWO
 THOUSAND THIRTY, THAT EIGHTY PERCENT OF MEDIUM-DUTY AND HEAVY-DUTY VEHI-
 CLES OFFERED FOR SALE OR LEASE, OR SOLD, OR LEASED, FOR REGISTRATION  IN
 THE  STATE  BE  ZERO-EMISSIONS BY TWO THOUSAND THIRTY-FIVE, AND THAT one
 hundred percent of medium-duty and heavy-duty vehicles offered for  sale
 or  lease, or sold, or leased, for registration in the state be zero-em-
 issions by two thousand [forty-five]  FORTY  for  all  operations  where
 feasible.  It  shall be further a goal of the state to transition to one
 hundred percent zero-emissions from new off-road vehicles and  equipment
 purchased beginning in two thousand thirty-five, where feasible.
   § 2. Paragraph b of subdivision 2 of section 19-0306-b of the environ-
 mental  conservation law, as amended by chapter 109 of the laws of 2022,
 is amended to read as follows:
   b. Medium-duty and heavy-duty vehicle regulations requiring increasing
 volumes of new zero-emissions trucks  and  buses  offered  for  sale  or
 lease,  or  sold,  or leased, for registration and operated in the state
 towards the target of FIFTY PERCENT OF THE SOLD OR LEASED FLEET  TRANSI-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06573-04-3

 S. 6298                             2
 
 TIONING  TO  ZERO-EMISSIONS  VEHICLES  BY  TWO  THOUSAND  THIRTY, EIGHTY
 PERCENT OF THE SOLD OR  LEASED  FLEET  TRANSITIONING  TO  ZERO-EMISSIONS
 VEHICLES  BY  TWO  THOUSAND  THIRTY-FIVE, AND one hundred percent of the
 SOLD  OR  LEASED  fleet  transitioning to zero-emissions vehicles by two
 thousand [forty-five] FORTY everywhere feasible.
   § 3. The environmental conservation law is amended  by  adding  a  new
 section 19-0306-c to read as follows:
 § 19-0306-C. ADVANCED  CLEAN FLEETS LAW FOR MEDIUM- AND HEAVY-DUTY VEHI-
                CLES.
   1. THIS SECTION SHALL BE KNOWN AND MAY BE CITED AND REFERRED TO AS THE
 "ADVANCED CLEAN FLEETS LAW."
   2.   AS USED IN THIS SECTION,  THE  FOLLOWING  TERMS  SHALL  HAVE  THE
 FOLLOWING MEANINGS:
   (A)  "BREAK-BULK  GOODS" SHALL MEAN GOODS THAT ARE STOWED ON A DRAYAGE
 TRUCK IN INDIVIDUALLY COUNTED UNITS.
   (B) "DRAYAGE TRUCK" SHALL MEAN ANY IN-USE ON-ROAD VEHICLE THAT  TRANS-
 PORTS  CARGO,  SUCH AS CONTAINERIZED BULK OR BREAK-BULK GOODS, BETWEEN A
 MARITIME TERMINAL AND INTERMODAL RAIL FACILITY, DISTRIBUTION CENTER,  OR
 OTHER NEAR-PORT LOCATION.
   (C)  "FLEET OPERATOR" OR "OPERATOR" SHALL MEAN THE INDIVIDUAL OR BUSI-
 NESS ENTITY, WHETHER IN PARTNERSHIP, LIMITED  LIABILITY  COMPANY,  JOINT
 STOCK  COMPANY, CORPORATION, OR ANY OTHER FORM, WHICH OWNS A TRUCK, OR A
 BROKER, WHICH, AS A PRINCIPAL OR AGENT, SELLS, OFFERS TO SELL, OR  NEGO-
 TIATES  FOR  TRUCK  TRANSPORTATION  BY A MOTOR CARRIER FOR COMPENSATION.
 FOR THE PURPOSES OF THIS PARAGRAPH, "TRUCK" SHALL REFER TO A MEDIUM-DUTY
 VEHICLE, AS DEFINED IN PARAGRAPH (I) OF THIS SUBDIVISION,  A  HEAVY-DUTY
 VEHICLE,  AS  DEFINED  IN  PARAGRAPH  (E) OF THIS SUBDIVISION, A DRAYAGE
 TRUCK, AS DEFINED IN PARAGRAPH (B) OF THIS SUBDIVISION, OR ANY TRUCK, AS
 DEFINED IN PARAGRAPH  (N)  OF  THIS  SUBDIVISION,  OWNED,  OPERATED,  OR
 CONTROLLED AS PART OF A HIGH PRIORITY FLEET, AS DEFINED IN PARAGRAPH (F)
 OF THIS SUBDIVISION.
   (D) "GROSS VEHICLE WEIGHT RATING" OR "GVWR" SHALL MEAN THE WEIGHT OF A
 VEHICLE CONSISTING OF THE UNLADEN WEIGHT AND THE MAXIMUM CARRYING CAPAC-
 ITY RECOMMENDED BY THE MANUFACTURER OF SUCH VEHICLE.
   (E)  "HEAVY-DUTY  VEHICLE"  SHALL  MEAN A VEHICLE WITH A GROSS VEHICLE
 WEIGHT RATING GREATER THAN TWENTY THOUSAND SIX HUNDRED POUNDS.
   (F) "HIGH PRIORITY FLEETS" SHALL MEAN TRUCKING FLEETS WHICH ARE OWNED,
 OPERATED, OR CONTROLLED BY ENTITIES WITH FIFTY MILLION DOLLARS  OR  MORE
 IN  ANNUAL  GROSS REVENUE AND THAT OWN, OPERATE, OR CONTROL AT LEAST ONE
 VEHICLE WITH A GROSS VEHICLE WEIGHT RATING OF GREATER THAN  EIGHT  THOU-
 SAND  FIVE HUNDRED POUNDS, OR TRUCKING FLEETS WHICH ARE OWNED, OPERATED,
 OR CONTROLLED BY ENTITIES WHICH OWN, OPERATE, OR CONTROL AT LEAST  FIFTY
 VEHICLES  WITH A GROSS VEHICLE WEIGHT RATING OF GREATER THAN EIGHT THOU-
 SAND FIVE HUNDRED POUNDS.
   (G) "INTERMODAL RAIL FACILITY" SHALL MEAN A FACILITY OWNED OR OPERATED
 BY A PUBLIC OR PRIVATE ENTITY THAT  RECEIVES  BOTH  DRAYAGE  TRUCKS  AND
 LOCOMOTIVES.
   (H)  "MARITIME  TERMINAL" SHALL MEAN WHARVES, BULKHEADS, QUAYS, PIERS,
 DOCKS, AND OTHER BERTHING LOCATIONS AND  ADJACENT  STORAGE  OR  ADJACENT
 AREAS  AND  STRUCTURES ASSOCIATED WITH THE PRIMARY MOVEMENT OF CARGO AND
 GOODS FROM VESSEL TO SHORE, OR SHORE  TO  VESSEL,  INCLUDING  STRUCTURES
 WHICH  ARE  DEVOTED  TO RECEIVING, HANDLING, HOLDING, CONSOLIDATING, AND
 LOADING OR DELIVERY OF WATERBORNE  SHIPMENTS  OR  PASSENGERS,  INCLUDING
 AREAS DEVOTED TO THE MAINTENANCE OF THE TERMINAL OR EQUIPMENT.
 S. 6298                             3
 
   (I)  "MEDIUM-DUTY  VEHICLE"  SHALL MEAN A VEHICLE WITH A GROSS VEHICLE
 WEIGHT RATING BETWEEN FOURTEEN THOUSAND ONE POUNDS AND  TWENTY  THOUSAND
 SIX HUNDRED POUNDS.
   (J)  "MOTOR CARRIER" SHALL MEAN A COMMON AND CONTRACT CARRIER OF PROP-
 ERTY BY MOTOR VEHICLE AND A COMMON CARRIER OF HOUSEHOLD GOODS  BY  MOTOR
 VEHICLE.
   (K)  "NEAR  ZERO  EMISSIONS"  SHALL  REFER TO A VEHICLE THAT USES ZERO
 EMISSION TECHNOLOGIES OR TECHNOLOGIES THAT PROVIDE  A  PATHWAY  TO  ZERO
 EMISSION OPERATIONS OR THAT INCORPORATES OTHER TECHNOLOGIES THAT SIGNIF-
 ICANTLY  REDUCE EXHAUST EMISSIONS OF ANY GREENHOUSE GAS, CRITERIA POLLU-
 TANT, OR PRECURSOR POLLUTANT UNDER  ANY  AND  ALL  POSSIBLE  OPERATIONAL
 MODES AND CONDITIONS.
   (L)  "ON-ROAD"  SHALL  MEAN A VEHICLE THAT IS DESIGNED TO BE DRIVEN ON
 PUBLIC HIGHWAYS, AS SUCH TERM IS DEFINED IN SECTION ONE HUNDRED  THIRTY-
 FOUR  OF  THE VEHICLE AND TRAFFIC LAW, AND THAT IS REGISTERED OR CAPABLE
 OF BEING REGISTERED PURSUANT TO ARTICLE  FOURTEEN  OF  THE  VEHICLE  AND
 TRAFFIC LAW.
   (M)  "ZERO  EMISSION"  SHALL  REFER TO A VEHICLE POWERED BY MEANS OF A
 BATTERY OR FUEL CELL OR A COMBINATION  THEREOF,  OR  ANOTHER  SOURCE  OF
 POWER,  THAT  PRODUCES  ZERO  EXHAUST  EMISSIONS  OF ANY GREENHOUSE GAS,
 CRITERIA POLLUTANT OR PRECURSOR POLLUTANT UNDER  ANY  AND  ALL  POSSIBLE
 OPERATIONAL MODES AND CONDITIONS.
   (N) "TRUCK" SHALL MEAN A VEHICLE WITH A GROSS VEHICLE WEIGHT RATING OF
 GREATER THAN EIGHT THOUSAND FIVE HUNDRED POUNDS.
   3.  NO  LATER  THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION,
 ALL FLEET OPERATORS, AS DEFINED IN PARAGRAPH (C) OF SUBDIVISION  TWO  OF
 THIS  SECTION,  SHALL BE REQUIRED TO COMPILE AND DELIVER A REPORT TO THE
 DEPARTMENT WHICH SHALL DETAIL:
   (A) THE NUMBER AND TYPE OF CONTRACTS THE FLEET OPERATOR  MAY  HAVE  TO
 DELIVER ITEMS OR PERFORM WORK IN THE STATE OF NEW YORK;
   (B)  WHAT  TYPES  OF  FACILITIES THE FLEET OPERATOR USES TO STORE SUCH
 OPERATOR'S MEDIUM AND HEAVY-DUTY VEHICLE  FLEET  AS  A  HOME  BASE,  AND
 WHETHER SUCH FLEET IS PRIMARILY FUELED AT SUCH HOME BASE;
   (C)  WHETHER  SUCH  STORAGE  FACILITY  IS OWNED OR LEASED BY THE FLEET
 OPERATOR;
   (D) WHETHER SUCH STORAGE FACILITY  CONTAINS  REFUELING  INFRASTRUCTURE
 AND THE TYPE OF SUCH INFRASTRUCTURE;
   (E) THE BODY AND FUEL TYPE OF EACH VEHICLE OF THE OPERATOR'S FLEET;
   (F)  HOW MANY VEHICLES IN THE OPERATOR'S FLEET ARE ZERO EMISSION VEHI-
 CLES OR NEAR ZERO EMISSION VEHICLES COMPARED  TO  NON-ZERO  EMISSION  OR
 NON-NEAR ZERO EMISSION VEHICLES;
   (G) THE WEIGHT CLASS OF EACH VEHICLE IN THE OPERATOR'S FLEET;
   (H)  THE  ESTIMATED  DAILY  AND  ANNUAL MILEAGE OF EACH VEHICLE IN THE
 OPERATOR'S FLEET;
   (I) WHETHER THE OPERATOR'S FLEET HAS A PREDICTABLE USAGE PATTERN,  AND
 IF SO, A DESCRIPTION OF SUCH PATTERN;
   (J)  WHETHER  THE  OPERATOR'S  FLEET  TOWS  A  TRAILER  AND  IF  SO, A
 DESCRIPTION OF THE WEIGHT AND TYPE OF SUCH TRAILER;
   (K) WHETHER THE OPERATOR'S FLEET IS REGISTERED OUTSIDE  THE  STATE  OF
 NEW YORK, AND IF SO, WHERE SUCH FLEET IS REGISTERED;
   (L) THE PERCENTAGE OF AN OPERATOR'S FLEET BEING DRIVEN ON PUBLIC HIGH-
 WAYS COMPARED TO THE PERCENTAGE PARKED AT A FACILITY ON AN AVERAGE DAY;
   (M) THE AVERAGE ANNUAL MILEAGE OF THE OPERATOR'S FLEET;
   (N) WHETHER THE OPERATOR'S FLEET IS EQUIPPED WITH A GLOBAL POSITIONING
 SYSTEM OR OTHER FORM OF ELECTRONIC MILEAGE TRACKING;
 S. 6298                             4
 
   (O) HOW MANY YEARS AFTER PURCHASE OR LEASE A VEHICLE IN THE OPERATOR'S
 FLEET IS TYPICALLY KEPT;
   (P)  WHETHER  THE  FLEET  OPERATOR  IS  THE  OWNER  OF THE FLEET OR IS
 DISPATCHING VEHICLES AS A BROKER OF SUCH FLEET; AND
   (Q) ANY OTHER INFORMATION THE DEPARTMENT DEEMS NECESSARY IN  ORDER  TO
 ENFORCE THE PROVISIONS OF THIS SECTION.
   4.  (A)  COMMENCING  IN  THE  YEAR TWO THOUSAND TWENTY-SEVEN, NO FLEET
 OPERATOR SHALL NEWLY PURCHASE OR LEASE A DRAYAGE  TRUCK  IN  THIS  STATE
 UNLESS SUCH TRUCK IS A ZERO EMISSION OR NEAR ZERO EMISSION VEHICLE.
   (B) COMMENCING IN THE YEAR TWO THOUSAND THIRTY-FIVE, NO FLEET OPERATOR
 SHALL  MAINTAIN  OR  DRIVE  A DRAYAGE TRUCK IN THIS STATE UNLESS IT IS A
 ZERO EMISSION OR NEAR ZERO EMISSION VEHICLE.
   (C) COMMENCING IN THE YEAR TWO THOUSAND FORTY, NO FLEET OPERATOR SHALL
 MAINTAIN OR DRIVE A MEDIUM OR HEAVY-DUTY VEHICLE IN THIS STATE UNLESS IT
 IS A ZERO EMISSION OR NEAR ZERO EMISSION VEHICLE.
   (D) COMMENCING IN THE YEAR TWO THOUSAND TWENTY-SEVEN, ALL HIGH PRIORI-
 TY FLEET OPERATORS MUST REPLACE A NON-ZERO  EMISSION  OR  NON-NEAR  ZERO
 EMISSION  TRUCK  THAT HAS REACHED THE END OF ITS USEFUL LIFE, DEFINED AS
 OCCURRING WHEN EITHER (I) THE MODEL YEAR FOR THE ENGINE  OF  SUCH  TRUCK
 HAS  EXCEEDED  EIGHTEEN  YEARS,  OR (II) SUCH TRUCK HAS BEEN DRIVEN MORE
 THAN EIGHT HUNDRED THOUSAND MILES, WHICHEVER  IS  SOONER,  WITH  A  ZERO
 EMISSION  OR  NEAR  ZERO  EMISSION  TRUCK. HIGH PRIORITY FLEET OPERATORS
 SHALL NOT BE REQUIRED TO REPLACE A NON-ZERO EMISSION  OR  NON-NEAR  ZERO
 EMISSION  TRUCK THAT HAS REACHED THE END OF ITS USEFUL LIFE, HOWEVER, IF
 SUCH OPERATOR HAS DETERMINED THAT A REPLACEMENT FOR SUCH TRUCK IS UNNEC-
 ESSARY.
   (E)  (I) THE COMMISSIONER MAY, IN THEIR DISCRETION, EXEMPT FLEET OPER-
 ATORS FROM THE ZERO EMISSION OR NEAR ZERO  EMISSION  FLEET  REQUIREMENTS
 DESCRIBED  IN  THIS  SUBDIVISION  IF  NO SUCH ZERO EMISSION OR NEAR ZERO
 EMISSION VEHICLE MODEL IS AVAILABLE FOR PURCHASE OR  LEASE  WHICH  MEETS
 THE NEEDS OF SUCH FLEET OPERATOR, IN WHICH CASE THE FLEET OPERATOR SHALL
 BE  ABLE  TO  PURCHASE  OR LEASE AN ALTERNATIVE VEHICLE MODEL, INCLUDING
 MODELS  WITH   AN   INTERNAL   COMBUSTION ENGINE, WHERE  NECESSARY.  THE
 COMMISSIONER SHALL PROMULGATE RULES AND/OR REGULATIONS TO EFFECTUATE THE
 PROVISIONS OF THIS PARAGRAPH.
   (II) THE DEPARTMENT SHALL MAINTAIN, ON A PUBLICLY ACCESSIBLE  WEBSITE,
 A LIST OF VEHICLE MODELS, SORTABLE BY MANUFACTURER AND MODEL YEAR, WHICH
 ARE NOT YET AVAILABLE AS A ZERO EMISSION OR NEAR ZERO EMISSION VEHICLE.
   5.  (A) THE DEPARTMENT SHALL ESTABLISH A NAVIGATION PROGRAM TO PROVIDE
 INFORMATION AND ASSISTANCE TO FLEET OPERATORS RELATING TO THE PROVISIONS
 OF THIS SECTION. SUCH PROGRAM SHALL  INCLUDE  ASSISTANCE  BY  A  NATURAL
 PERSON  BY  PHONE  AND  EMAIL AS WELL AS THE POSTING OF INFORMATION ON A
 PUBLICLY ACCESSIBLE WEBSITE.
   (B) THE NAVIGATION PROGRAM SHALL PROVIDE THE FOLLOWING:
   (I) INFORMATION ABOUT AVAILABLE ZERO EMISSION AND NEAR  ZERO  EMISSION
 MODELS OF VEHICLES FOR FLEET OPERATORS COVERED UNDER THIS SECTION;
   (II) INFORMATION ABOUT AVAILABLE PROGRAMS TO ASSIST FLEET OPERATORS IN
 THE  PURCHASING  OR  LEASE OF ZERO EMISSION AND NEAR ZERO EMISSION VEHI-
 CLES, SUCH AS BUT NOT LIMITED TO, VOUCHERS, REBATES, COMPETITIVE GRANTS,
 LOW-COST FINANCING, OR ANY  OTHER  PROGRAM  OFFERED  BY  ANY  PUBLIC  OR
 PRIVATE ENTITY; AND
   (III)  ANY OTHER INFORMATION THE DEPARTMENT DEEMS RELEVANT IN ORDER TO
 COMPEL COMPLIANCE WITH THE PROVISIONS OF THIS SECTION.
   (C) THE DEPARTMENT SHALL CONDUCT AN OUTREACH AND EDUCATION CAMPAIGN TO
 INFORM FLEET OPERATORS OF THE PROVISIONS OF THIS SECTION.
 S. 6298                             5
 
   6. NO LATER THAN TWO YEARS AFTER THE EFFECTIVE DATE OF  THIS  SECTION,
 AND  EACH  YEAR  THEREAFTER,  THE DEPARTMENT SHALL ISSUE A REPORT ON THE
 STATE OF THE TRUCKING INDUSTRY AS IT RELATES TO THE PROVISIONS  OF  THIS
 SECTION.  SUCH REPORT SHALL INCLUDE:
   (A)  THE  NUMBER  OF  FLEET  OPERATORS  COVERED BY THIS SECTION AND AN
 AGGREGATE DESCRIPTION OF SUCH OPERATORS' FLEETS, INCLUDING THE NUMBER OF
 DRAYAGE TRUCKS AND MEDIUM AND HEAVY DUTY VEHICLES ACROSS THE STATE;
   (B)  THE  AGGREGATE  PERCENTAGE  OF  VEHICLES  OWNED,   OPERATED,   OR
 CONTROLLED  BY FLEET OPERATORS COVERED UNDER THIS SECTION WHICH ARE ZERO
 EMISSION OR NEAR ZERO EMISSION VEHICLES COMPARED TO NON-ZERO EMISSION OR
 NON-NEAR ZERO EMISSION VEHICLES;
   (C) AN AGGREGATE DESCRIPTION OF THE PURCHASE OR LEASE OF NEW  VEHICLES
 BY  FLEET  OPERATORS AND WHETHER SUCH VEHICLES ARE ZERO EMISSION OR NEAR
 ZERO EMISSION VEHICLES COMPARED TO NON-ZERO EMISSION  OR  NON-NEAR  ZERO
 EMISSION VEHICLES;
   (D)  AN  AGGREGATE  DESCRIPTION, BY NUMBER AND PERCENTAGE, OF NON-ZERO
 EMISSION OR NON-NEAR ZERO EMISSION VEHICLES COVERED    BY  THIS  SECTION
 WHICH WERE NOT ABLE TO BE REPLACED WITH ZERO EMISSION OR NEAR ZERO EMIS-
 SION  VEHICLES  DUE  TO  SUCH VEHICLE MODEL'S UNAVAILABILITY, AS WELL AS
 SUCH MODEL'S ANTICIPATED DATE, IF ANY, OF AVAILABILITY  BY  ANY  VEHICLE
 MANUFACTURER;
   (E)  THE ESTIMATED AGGREGATE ANNUAL MILEAGE OF FLEET OPERATORS COVERED
 BY THIS SECTION;
   (F) THE ESTIMATED AGGREGATE ANNUAL TAILPIPE EMISSIONS OF FLEET  OPERA-
 TORS COVERED BY THIS SECTION, BASED ON THE MILEAGE REPORTED IN PARAGRAPH
 (E) OF THIS SUBDIVISION;
   (G) RECOMMENDATIONS FOR ANY LEGISLATIVE CHANGES TO THIS SECTION; AND
   (H) ANY OTHER INFORMATION THE DEPARTMENT DEEMS NECESSARY TO INCLUDE AS
 A DESCRIPTION OF THE TRUCKING INDUSTRY'S COMPLIANCE WITH THIS ACT.
   SUCH  REPORT  SHALL  BE  DELIVERED ON AN ANNUAL BASIS TO THE TEMPORARY
 PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, AND THE  GOVERNOR.
 SUCH  REPORT  SHALL  ALSO  BE  POSTED  FOR  PUBLIC REVIEW IN A CLEAR AND
 CONSPICUOUS MANNER ON THE DEPARTMENT'S WEBSITE.
   7. (A) ANY FLEET OPERATOR WHO VIOLATES THE PROVISIONS  OF  SUBDIVISION
 FOUR  OF THIS SECTION SHALL BE LIABLE, IN THE CASE OF A FIRST VIOLATION,
 FOR A PENALTY NOT LESS THAN FIVE HUNDRED DOLLARS NOR MORE THAN  EIGHTEEN
 THOUSAND DOLLARS FOR SAID VIOLATION; PROVIDED, HOWEVER, THAT THE COMMIS-
 SIONER  MAY IN THEIR DISCRETION SUSPEND SUCH PENALTY FOR A PERIOD OF ONE
 CALENDAR YEAR. IF AT THE END OF SUCH CALENDAR YEAR, SUCH FLEET  OPERATOR
 REMAINS NONCOMPLIANT WITH SUBDIVISION FOUR OF THIS SECTION, SUCH PENALTY
 SHALL  BE  REINSTATED  AND  BECOME  IMMEDIATELY  DUE  AND PAYABLE TO THE
 COMMISSIONER.
   (B) IN THE CASE OF A SECOND OR ANY FURTHER  VIOLATION,  THE  LIABILITY
 SHALL  BE  FOR  A  PENALTY NOT TO EXCEED TWENTY-SIX THOUSAND DOLLARS FOR
 SAID VIOLATION.
   § 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such effective date.

co-Sponsors

2023-S6298A (ACTIVE) - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §19-0306-b, add §19-0306-c, En Con L

2023-S6298A (ACTIVE) - Summary

Enacts an advanced clean fleets law to reduce vehicle emissions for medium- and heavy-duty vehicles.

2023-S6298A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6298A

SPONSOR: GOUNARDES
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
enacting the advanced clean fleets law

 
PURPOSE OR GENERAL IDEA OF BILL:

To enact a New York version of California's landmark Advanced Clean
Fleets regulation to deploy zero-emission medium- and heavy-duty vehi-
cles everywhere feasible

 
SUMMARY OF PROVISIONS:

Section one of the bill amends subdivision 1 of section 19-0306-b of the
Environmental Conservation Law to provide that it shall be a goal of the
state that 50% of medium- and heavy-duty vehicles offered for sale or
lease, or sold or leased, for registration be zero-emissions by 2031,
that 80% of such vehicles offered for sale or lease or sold or leased be
zero-emissions by 2036, and that 100% of such vehicles offered for sale

or lease or sold or leased by zero-emissions by 2041 for all operations
where feasible.

Section two of the bill makes conforming amendments to paragraph b of
subdivision 2 of section 19-0306-b of the Environmental Conservation
Law.

Section three of the bill adds a new section 19-0306-c to the Environ-
mental Conservation Law to create the Advanced Clean Fleets Law for
medium- and heavy-duty vehicles:

Subdivision one of this section names it the Advanced Clean Fleets Law.

Subdivision two of this section sets definitions.

Subdivision three of this section provides that all fleet operators
covered by this act shall produce a report to the Department of Environ-
mental Conservation (DEC) within one year on the makeup of the opera-
tor's truck inventory and how it is used.

Paragraph (a) of subdivision four of this section provides that,
commencing in the year 2028, no fleet operator may newly purchase or
lease a drayage truck, defined as on-road vehicles that transport cargo
between a maritime terminal and intermodal rail facility, distribution
center, or other near-port location, unless such truck is a zero emis-
sion vehicle (ZEV) or near zero emission vehicle (NZEV) model.

Paragraph (b) of subdivision four of this section provides that,
commencing in the year 2036, no fleet operator shall maintain or drive a
drayage truck upon the public highways of this state unless it is a ZEV
or NZEV model.

Paragraph (c ) of subdivision four of this section provides that,
commencing in the year 2041, no fleet operator of any medium- or heavy-
duty vehicle shall maintain or drive such vehicles in this state unless
they are ZEV or NZEV models.

Paragraph (d) of subdivision four of this section provides that,
commencing in the year 2028, no high priority fleet operator, defined as
entities with $50 million or more in annual gross revenues and who own,
operate, or control at least one vehicle with a gross vehicle weight
rating of greater than 8,500 pounds or who own, operate, or control at
least fifty vehicles with a gross vehicle weight rating of greater than
8,500 pounds, shall newly purchase or lease a truck unless it is a ZEV
or NZEV model.

Also commencing in 2028, high priority fleet operators must begin
replacing non-ZEV or NZEV models that have reached the end of their
useful life, defined as occurring when the model year for the truck has
exceeded eighteen years, or such truck has been driven more than 800,000
miles, whichever is sooner. High priority fleet operators shall not be
required to replace trucks at the end of their useful lives, however, if
they deem such replacement to be unnecessary, i.e.  if they are downsiz-
ing their fleet and don't need a replacement.

Paragraph (e) of subdivision four of this section allows the DEC Commis-
sioner to exempt fleet operators from the requirements of paragraphs (a)
through (d) of this subdivision if no such ZEV or NZEV model is avail-
able which meets the needs of the operator. The department must also
maintain a list online of truck models not yet available as ZEVs or
NZEVs.

Subdivision five of this section provides that DEC shall establish a
navigation program to help fleet operators comply with the provisions of
this act, which shall include information about available ZEV or NZEV
models as well as information on programs to assist with the purchase or
lease of ZEV or NZEV trucks. The department must also conduct an
outreach and education campaign to inform fleet operators about the
provisions of this act.

Subdivision six of this section provides that DEC shall publish an annu-
al report on the state of the trucking industry's transition to ZEV or
NZEV models as well as estimated aggregate annual mileage and tailpipe
emissions.

Subdivision seven of this section sets civil fines for violations
between $500 and $18,000 for a first offense and up to $26,000 for
subsequent offenses. These fine levels are based on similar penalties
prescribed in Environmental Conservation Law § 71-2103 for illegally
selling, leasing, importing, delivering, purchasing, or registering
vehicles which violate the state's emission standards. The Commissioner
may in their discretion grant a grace period of up to one year for an
operator to come into compliance.

Section four sets the effective date.

 
JUSTIFICATION:

New York's landmark 2019 Climate Leadership and Community Protection Act
(CLCPA) set a goal of reducing greenhouse gas emissions economy-wide 40%
by 2030 and 80% by 2050 from 1990 levels. The Climate Action Council's
Final Scoping Plan, which is the planning document that lays out a road-
map for how New York State may achieve these goals, calls for 40% or
more of medium- and heavy-duty vehicle sales and 10% of medium- and
heavy-duty vehicles total to be zero-emission by 2030 (Scoping Plan:
Full Report, December 2022, New York State Climate Action Council,
p.147.). By 2050, the scoping plan declares, the transportation sector
must shift almost completely to ZEVs (Scoping Plan: Full Report, Decem-
ber 2022, New York State Climate Action Council, p.148). Recognizing the
need for this transition, New York has recently begun to offer several
programs to entice MHD vehicle operators to purchase ZEV models, includ-
ing the Drive Clean Rebate, which offers up to $2,000 for EV purchases
or leases; the New York State Truck Voucher Incentive program, offering
up to $385,000 for the purchase or lease of EV trucks or buses, and the
Charge Ready NY program, offering $4,000 per Level 2 charging port
(Scoping Plan: Full Report, December 2022, New York State Climate Action
Council, pp. 150-151).

The policy envisioned in this bill, which is recommended on pp. 159 -
160 of the scoping plan, is based on California's groundbreaking
Advanced Clean Fleets (ACF) regulation, which was formally adopted by
the California Air Resources Board (CARB) in April 2023. CARB designed
the ZEV purchasing goals of the ACF with the fleet owners most able to
shoulder the cost of ZEV purchases as well as those that pose the great-
est public health concerns in mind. For this reason, the ACF sets earli-
er 100% ZEV timetables for "drayage trucks," which are vehicles that
make short-distance trips from seaports or rail yards in overburdened
communities, as well as "high priority" fleets, defined as entities with
$50 million or more in gross annual revenue and that own, operate, or
control at least one vehicle with a gross vehicle weight rating greater
than 8,500 pounds or entities that own, operate, or control at least 50
or more vehicles with a gross vehicle weight rating of greater than
8,500 pounds.

The ACF Law envisioned by this legislation takes a similar approach,
setting the following fleet requirements for different types of opera-
tors:

- By 2028: All newly purchased or leased drayage trucks must be zero
emission (ZEV) or near zero emission vehicles (NZEV)

- Also by 2028: All newly purchased or leased trucks in high priority
fleets must be ZEV or NZEV and high priority fleet operators must begin
replacing current trucks with such models once they reach the end of
their useful lives

- By 2036: All existing drayage trucks must be ZEV or NZEV

- By 2041: All medium- and heavy-duty trucks must be ZEV or NZEV

The Department of Environmental Conservation (DEC), who would be in
charge of enforcing the law, would have discretion to waive the above
requirements if they determine that no ZEV or NZEV model exists which
meets a fleet operator's needs.

Fleet operators would also be required to submit a report to DEC detail-
ing the current makeup of their inventory, estimated daily and annual
mileage, details on storage facilities, and other information, and DEC
in turn would be required to publish an annual report on the state of
the trucking industry's compliance with this act. Willful noncompliance
with the Advanced Clean Fleets Law would be subject to the same civil
fines in place for violations of the state's vehicle emissions standards
in ECL § 71-2103.
Replicating the ZEV purchasing requirements of California's historic
Advanced Clean Fleets rule is both smart public policy, ensuring that
the state is better able to meet the carbon reduction emissions of the
CLCPA, and necessary for social and environmental justice, as the heav-
iest trucks are disproportionately concentrated in communities already
bearing the brunt of air and noise pollution. As the CLCPA's draft scop-
ing plan notes, "(d)iesel trucks and port equipment are one of the larg-
est sources of local air pollution in Disadvantaged Communities.
Although they comprise only a small portion of total vehicles in the
State, diesel trucks and buses are responsible for 30% of total particu-
late matter and NOX emissions from mobile sources. Replacing (them) with
ZEV trucks...is a critical component of climate justice and would have a
substantial impact on improving air quality statewide, especially in
Disadvantaged Communities."  (Scoping Plan: Full Report, December 2022,
New York State Climate Action Council, p. 159). With a pandemic-fueled
surge in overnight package deliveries, this burden in disadvantaged
communities is only expected to grow in the coming decades. Ultimately,
an Advanced Clean Fleets law can work in tandem with it her policies
such as investments into alternative modes of freight transportation to
solve our state and city's last mile trucking program. Bills such as
this represent a commonsense step forward on the path to a fossil fuel-
free future.

 
PRIOR LEGISLATIVE HISTORY:

2023: S6298 - Referred to Environmental Conservation

 
FISCAL IMPLICATIONS:

TBD

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law.

2023-S6298A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6298--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              April 12, 2023
                                ___________
 
 Introduced by Sens. GOUNARDES, COMRIE -- read twice and ordered printed,
   and  when  printed  to  be committed to the Committee on Environmental
   Conservation -- recommitted to the Committee on Environmental  Conser-
   vation  in  accordance  with  Senate  Rule  6,  sec.  8  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   enacting the advanced clean fleets law
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section  19-0306-b  of  the  environmental
 conservation  law,  as  amended  by  chapter 109 of the laws of 2022, is
 amended to read as follows:
   1. It shall be a goal of the state that one  hundred  percent  of  new
 passenger cars and trucks offered for sale or lease, or sold, or leased,
 for  registration  in  the state shall be zero-emissions by two thousand
 thirty-five. It shall be a further goal of the state that FIFTY  PERCENT
 OF  MEDIUM-DUTY  AND  HEAVY-DUTY  VEHICLES OFFERED FOR SALE OR LEASE, OR
 SOLD, OR LEASED, FOR REGISTRATION IN THE STATE BE ZERO-EMISSIONS BY  TWO
 THOUSAND  THIRTY-ONE,  THAT EIGHTY PERCENT OF MEDIUM-DUTY AND HEAVY-DUTY
 VEHICLES OFFERED FOR SALE OR LEASE, OR SOLD, OR LEASED, FOR REGISTRATION
 IN THE STATE BE ZERO-EMISSIONS BY TWO THOUSAND THIRTY-SIX, AND THAT  one
 hundred  percent of medium-duty and heavy-duty vehicles offered for sale
 or lease, or sold, or leased, for registration in the state be  zero-em-
 issions  by two thousand [forty-five] FORTY-ONE for all operations where
 feasible. It shall be further a goal of the state to transition  to  one
 hundred  percent zero-emissions from new off-road vehicles and equipment
 purchased beginning in two thousand thirty-five, where feasible.
   § 2. Paragraph b of subdivision 2 of section 19-0306-b of the environ-
 mental conservation law, as amended by chapter 109 of the laws of  2022,
 is amended to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06573-06-4

 S. 6298--A                          2
 
   b. Medium-duty and heavy-duty vehicle regulations requiring increasing
 volumes  of  new  zero-emissions  trucks  and  buses offered for sale or
 lease, or sold, or leased, for registration and operated  in  the  state
 towards  the target of FIFTY PERCENT OF THE SOLD OR LEASED FLEET TRANSI-
 TIONING  TO  ZERO-EMISSIONS  VEHICLES BY TWO THOUSAND THIRTY-ONE, EIGHTY
 PERCENT OF THE SOLD OR  LEASED  FLEET  TRANSITIONING  TO  ZERO-EMISSIONS
 VEHICLES BY TWO THOUSAND THIRTY-SIX, AND one hundred percent of the SOLD
 OR LEASED fleet transitioning to zero-emissions vehicles by two thousand
 [forty-five] FORTY-ONE everywhere feasible.
   §  3.  The  environmental  conservation law is amended by adding a new
 section 19-0306-c to read as follows:
 § 19-0306-C. ADVANCED CLEAN FLEETS LAW FOR MEDIUM- AND HEAVY-DUTY  VEHI-
                CLES.
   1. THIS SECTION SHALL BE KNOWN AND MAY BE CITED AND REFERRED TO AS THE
 "ADVANCED CLEAN FLEETS LAW."
   2.    AS  USED  IN  THIS  SECTION,  THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   (A) "BREAK-BULK GOODS" SHALL MEAN GOODS THAT ARE STOWED ON  A  DRAYAGE
 TRUCK IN INDIVIDUALLY COUNTED UNITS.
   (B)  "DRAYAGE TRUCK" SHALL MEAN ANY IN-USE ON-ROAD VEHICLE THAT TRANS-
 PORTS CARGO, SUCH AS CONTAINERIZED BULK OR BREAK-BULK GOODS,  BETWEEN  A
 MARITIME  TERMINAL AND INTERMODAL RAIL FACILITY, DISTRIBUTION CENTER, OR
 OTHER NEAR-PORT LOCATION.
   (C) "FLEET OPERATOR" OR "OPERATOR" SHALL MEAN THE INDIVIDUAL OR  BUSI-
 NESS  ENTITY,  WHETHER  IN PARTNERSHIP, LIMITED LIABILITY COMPANY, JOINT
 STOCK COMPANY, CORPORATION, OR ANY OTHER FORM, WHICH OWNS A TRUCK, OR  A
 BROKER,  WHICH, AS A PRINCIPAL OR AGENT, SELLS, OFFERS TO SELL, OR NEGO-
 TIATES FOR TRUCK TRANSPORTATION BY A  MOTOR  CARRIER  FOR  COMPENSATION.
 FOR THE PURPOSES OF THIS PARAGRAPH, "TRUCK" SHALL REFER TO A MEDIUM-DUTY
 VEHICLE,  AS  DEFINED IN PARAGRAPH (I) OF THIS SUBDIVISION, A HEAVY-DUTY
 VEHICLE, AS DEFINED IN PARAGRAPH (E)  OF  THIS  SUBDIVISION,  A  DRAYAGE
 TRUCK, AS DEFINED IN PARAGRAPH (B) OF THIS SUBDIVISION, OR ANY TRUCK, AS
 DEFINED  IN  PARAGRAPH  (N)  OF  THIS  SUBDIVISION,  OWNED, OPERATED, OR
 CONTROLLED AS PART OF A HIGH PRIORITY FLEET, AS DEFINED IN PARAGRAPH (F)
 OF THIS SUBDIVISION.
   (D) "GROSS VEHICLE WEIGHT RATING" OR "GVWR" SHALL MEAN THE WEIGHT OF A
 VEHICLE CONSISTING OF THE UNLADEN WEIGHT AND THE MAXIMUM CARRYING CAPAC-
 ITY RECOMMENDED BY THE MANUFACTURER OF SUCH VEHICLE.
   (E) "HEAVY-DUTY VEHICLE" SHALL MEAN A VEHICLE  WITH  A  GROSS  VEHICLE
 WEIGHT RATING GREATER THAN TWENTY THOUSAND SIX HUNDRED POUNDS.
   (F) "HIGH PRIORITY FLEETS" SHALL MEAN TRUCKING FLEETS WHICH ARE OWNED,
 OPERATED,  OR  CONTROLLED BY ENTITIES WITH FIFTY MILLION DOLLARS OR MORE
 IN ANNUAL GROSS REVENUE AND THAT OWN, OPERATE, OR CONTROL AT  LEAST  ONE
 VEHICLE  WITH  A GROSS VEHICLE WEIGHT RATING OF GREATER THAN EIGHT THOU-
 SAND FIVE HUNDRED POUNDS, OR TRUCKING FLEETS WHICH ARE OWNED,  OPERATED,
 OR  CONTROLLED BY ENTITIES WHICH OWN, OPERATE, OR CONTROL AT LEAST FIFTY
 VEHICLES WITH A GROSS VEHICLE WEIGHT RATING OF GREATER THAN EIGHT  THOU-
 SAND FIVE HUNDRED POUNDS.
   (G) "INTERMODAL RAIL FACILITY" SHALL MEAN A FACILITY OWNED OR OPERATED
 BY  A  PUBLIC  OR  PRIVATE  ENTITY THAT RECEIVES BOTH DRAYAGE TRUCKS AND
 LOCOMOTIVES.
   (H) "MARITIME TERMINAL" SHALL MEAN WHARVES, BULKHEADS,  QUAYS,  PIERS,
 DOCKS,  AND  OTHER  BERTHING  LOCATIONS AND ADJACENT STORAGE OR ADJACENT
 AREAS AND STRUCTURES ASSOCIATED WITH THE PRIMARY MOVEMENT OF  CARGO  AND
 GOODS  FROM  VESSEL  TO  SHORE, OR SHORE TO VESSEL, INCLUDING STRUCTURES
 WHICH ARE DEVOTED TO RECEIVING, HANDLING,  HOLDING,  CONSOLIDATING,  AND
 S. 6298--A                          3
 
 LOADING  OR  DELIVERY  OF  WATERBORNE SHIPMENTS OR PASSENGERS, INCLUDING
 AREAS DEVOTED TO THE MAINTENANCE OF THE TERMINAL OR EQUIPMENT.
   (I)  "MEDIUM-DUTY  VEHICLE"  SHALL MEAN A VEHICLE WITH A GROSS VEHICLE
 WEIGHT RATING BETWEEN FOURTEEN THOUSAND ONE POUNDS AND  TWENTY  THOUSAND
 SIX HUNDRED POUNDS.
   (J)  "MOTOR CARRIER" SHALL MEAN A COMMON AND CONTRACT CARRIER OF PROP-
 ERTY BY MOTOR VEHICLE AND A COMMON CARRIER OF HOUSEHOLD GOODS  BY  MOTOR
 VEHICLE.
   (K)  "NEAR  ZERO  EMISSIONS"  SHALL  REFER TO A VEHICLE THAT USES ZERO
 EMISSION TECHNOLOGIES OR TECHNOLOGIES THAT PROVIDE  A  PATHWAY  TO  ZERO
 EMISSION  OPERATIONS  OR  A VEHICLE THAT INCORPORATES OTHER TECHNOLOGIES
 THAT SIGNIFICANTLY REDUCE  EXHAUST  EMISSIONS  OF  ANY  GREENHOUSE  GAS,
 CRITERIA  POLLUTANT,  OR  PRECURSOR POLLUTANT UNDER ANY AND ALL POSSIBLE
 OPERATIONAL MODES AND CONDITIONS.
   (L) "ON-ROAD" SHALL MEAN A VEHICLE THAT IS DESIGNED TO  BE  DRIVEN  ON
 PUBLIC  HIGHWAYS, AS SUCH TERM IS DEFINED IN SECTION ONE HUNDRED THIRTY-
 FOUR OF THE VEHICLE AND TRAFFIC LAW, AND THAT IS REGISTERED  OR  CAPABLE
 OF  BEING  REGISTERED  PURSUANT  TO  ARTICLE FOURTEEN OF THE VEHICLE AND
 TRAFFIC LAW.
   (M) "ZERO EMISSION" SHALL REFER TO A VEHICLE POWERED  BY  MEANS  OF  A
 BATTERY  OR  FUEL  CELL  OR  A COMBINATION THEREOF, OR ANOTHER SOURCE OF
 POWER, THAT PRODUCES ZERO  EXHAUST  EMISSIONS  OF  ANY  GREENHOUSE  GAS,
 CRITERIA  POLLUTANT,  OR  PRECURSOR POLLUTANT UNDER ANY AND ALL POSSIBLE
 OPERATIONAL MODES AND CONDITIONS.
   (N) "TRUCK" SHALL MEAN A VEHICLE WITH A GROSS VEHICLE WEIGHT RATING OF
 GREATER THAN EIGHT THOUSAND FIVE HUNDRED POUNDS.
   3. NO LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE  OF  THIS  SECTION,
 ALL  FLEET  OPERATORS, AS DEFINED IN PARAGRAPH (C) OF SUBDIVISION TWO OF
 THIS SECTION, SHALL BE REQUIRED TO COMPILE AND DELIVER A REPORT  TO  THE
 DEPARTMENT WHICH SHALL DETAIL:
   (A)  THE  NUMBER  AND TYPE OF CONTRACTS THE FLEET OPERATOR MAY HAVE TO
 DELIVER ITEMS OR PERFORM WORK IN THE STATE OF NEW YORK;
   (B) WHAT TYPES OF FACILITIES THE FLEET OPERATOR  USES  TO  STORE  SUCH
 OPERATOR'S  MEDIUM-  AND  HEAVY-DUTY  VEHICLE  FLEET AS A HOME BASE, AND
 WHETHER SUCH FLEET IS PRIMARILY FUELED AT SUCH HOME BASE;
   (C) WHETHER SUCH STORAGE FACILITY IS OWNED  OR  LEASED  BY  THE  FLEET
 OPERATOR;
   (D)  WHETHER  SUCH  STORAGE FACILITY CONTAINS REFUELING INFRASTRUCTURE
 AND THE TYPE OF SUCH INFRASTRUCTURE;
   (E) THE BODY AND FUEL TYPE OF EACH VEHICLE OF THE OPERATOR'S FLEET;
   (F) HOW MANY VEHICLES IN THE OPERATOR'S FLEET ARE ZERO EMISSION  VEHI-
 CLES  OR  NEAR  ZERO  EMISSION VEHICLES COMPARED TO NON-ZERO EMISSION OR
 NON-NEAR ZERO EMISSION VEHICLES;
   (G) THE WEIGHT CLASS OF EACH VEHICLE IN THE OPERATOR'S FLEET;
   (H) THE ESTIMATED DAILY AND ANNUAL MILEAGE  OF  EACH  VEHICLE  IN  THE
 OPERATOR'S FLEET;
   (I)  WHETHER THE OPERATOR'S FLEET HAS A PREDICTABLE USAGE PATTERN, AND
 IF SO, A DESCRIPTION OF SUCH PATTERN;
   (J) WHETHER  THE  OPERATOR'S  FLEET  TOWS  A  TRAILER  AND  IF  SO,  A
 DESCRIPTION OF THE WEIGHT AND TYPE OF SUCH TRAILER;
   (K)  WHETHER  THE  OPERATOR'S FLEET IS REGISTERED OUTSIDE THE STATE OF
 NEW YORK, AND IF SO, WHERE SUCH FLEET IS REGISTERED;
   (L) THE PERCENTAGE OF AN OPERATOR'S FLEET BEING DRIVEN ON PUBLIC HIGH-
 WAYS COMPARED TO THE PERCENTAGE PARKED AT A FACILITY ON AN AVERAGE DAY;
   (M) THE AVERAGE ANNUAL MILEAGE OF THE OPERATOR'S FLEET;
 S. 6298--A                          4
 
   (N) WHETHER THE OPERATOR'S FLEET IS EQUIPPED WITH A GLOBAL POSITIONING
 SYSTEM OR OTHER FORM OF ELECTRONIC MILEAGE TRACKING;
   (O) HOW MANY YEARS AFTER PURCHASE OR LEASE A VEHICLE IN THE OPERATOR'S
 FLEET IS TYPICALLY KEPT;
   (P)  WHETHER  THE  FLEET  OPERATOR  IS  THE  OWNER  OF THE FLEET OR IS
 DISPATCHING VEHICLES AS A BROKER OF SUCH FLEET; AND
   (Q) ANY OTHER INFORMATION THE DEPARTMENT DEEMS NECESSARY IN  ORDER  TO
 ENFORCE THE PROVISIONS OF THIS SECTION.
   4.  (A)  COMMENCING  IN  THE  YEAR TWO THOUSAND TWENTY-EIGHT, NO FLEET
 OPERATOR SHALL NEWLY PURCHASE OR LEASE A DRAYAGE  TRUCK  IN  THIS  STATE
 UNLESS SUCH TRUCK IS A ZERO EMISSION OR NEAR ZERO EMISSION VEHICLE.
   (B)  COMMENCING IN THE YEAR TWO THOUSAND THIRTY-SIX, NO FLEET OPERATOR
 SHALL MAINTAIN OR DRIVE A DRAYAGE TRUCK IN THIS STATE  UNLESS  IT  IS  A
 ZERO EMISSION OR NEAR ZERO EMISSION VEHICLE.
   (C)  COMMENCING  IN THE YEAR TWO THOUSAND FORTY-ONE, NO FLEET OPERATOR
 SHALL MAINTAIN OR DRIVE A MEDIUM- OR HEAVY-DUTY VEHICLE  IN  THIS  STATE
 UNLESS IT IS A ZERO EMISSION OR NEAR ZERO EMISSION VEHICLE.
   (D) COMMENCING IN THE YEAR TWO THOUSAND TWENTY-EIGHT, NO HIGH-PRIORITY
 FLEET  OPERATOR MAY NEWLY PURCHASE OR LEASE A TRUCK IN THIS STATE UNLESS
 SUCH TRUCK IS A ZERO  EMISSION  OR  NEAR  ZERO  EMISSION  VEHICLE.  ALSO
 COMMENCING  IN  THE  YEAR  TWO  THOUSAND TWENTY-EIGHT, ALL HIGH PRIORITY
 FLEET OPERATORS MUST REPLACE A NON-ZERO EMISSION OR NON-NEAR ZERO  EMIS-
 SION  TRUCK  THAT  HAS  REACHED  THE  END OF ITS USEFUL LIFE, DEFINED AS
 OCCURRING WHEN EITHER (I) THE MODEL YEAR FOR THE ENGINE  OF  SUCH  TRUCK
 HAS  EXCEEDED  EIGHTEEN  YEARS,  OR (II) SUCH TRUCK HAS BEEN DRIVEN MORE
 THAN EIGHT HUNDRED THOUSAND MILES, WHICHEVER  IS  SOONER,  WITH  A  ZERO
 EMISSION  OR  NEAR  ZERO  EMISSION  TRUCK. HIGH PRIORITY FLEET OPERATORS
 SHALL NOT BE REQUIRED TO REPLACE A NON-ZERO EMISSION  OR  NON-NEAR  ZERO
 EMISSION  TRUCK THAT HAS REACHED THE END OF ITS USEFUL LIFE, HOWEVER, IF
 SUCH OPERATOR HAS DETERMINED THAT A REPLACEMENT FOR SUCH TRUCK IS UNNEC-
 ESSARY BECAUSE OF A REDUCTION IN THE SIZE OF SUCH OPERATOR'S FLEET.
   (E)  (I) THE COMMISSIONER MAY, IN THEIR DISCRETION, EXEMPT FLEET OPER-
 ATORS FROM THE ZERO EMISSION OR NEAR ZERO  EMISSION  FLEET  REQUIREMENTS
 DESCRIBED  IN  THIS  SUBDIVISION  IF  NO SUCH ZERO EMISSION OR NEAR ZERO
 EMISSION VEHICLE MODEL IS AVAILABLE FOR PURCHASE OR  LEASE  WHICH  MEETS
 THE NEEDS OF SUCH FLEET OPERATOR, IN WHICH CASE THE FLEET OPERATOR SHALL
 BE  ABLE  TO  PURCHASE  OR LEASE AN ALTERNATIVE VEHICLE MODEL, INCLUDING
 MODELS  WITH   AN   INTERNAL   COMBUSTION ENGINE, WHERE  NECESSARY.  THE
 COMMISSIONER SHALL PROMULGATE RULES AND/OR REGULATIONS TO EFFECTUATE THE
 PROVISIONS OF THIS PARAGRAPH.
   (II) THE DEPARTMENT SHALL MAINTAIN, ON A PUBLICLY ACCESSIBLE  WEBSITE,
 A LIST OF VEHICLE MODELS, SORTABLE BY MANUFACTURER AND MODEL YEAR, WHICH
 ARE NOT YET AVAILABLE AS A ZERO EMISSION OR NEAR ZERO EMISSION VEHICLE.
   5.  (A) THE DEPARTMENT SHALL ESTABLISH A NAVIGATION PROGRAM TO PROVIDE
 INFORMATION AND ASSISTANCE TO FLEET OPERATORS RELATING TO THE PROVISIONS
 OF THIS SECTION. SUCH PROGRAM SHALL  INCLUDE  ASSISTANCE  BY  A  NATURAL
 PERSON  BY  PHONE  AND  EMAIL AS WELL AS THE POSTING OF INFORMATION ON A
 PUBLICLY ACCESSIBLE WEBSITE.
   (B) THE NAVIGATION PROGRAM SHALL PROVIDE THE FOLLOWING:
   (I) INFORMATION ABOUT AVAILABLE ZERO EMISSION AND NEAR  ZERO  EMISSION
 MODELS OF VEHICLES FOR FLEET OPERATORS COVERED UNDER THIS SECTION;
   (II) INFORMATION ABOUT AVAILABLE PROGRAMS TO ASSIST FLEET OPERATORS IN
 THE  PURCHASING  OR  LEASE OF ZERO EMISSION AND NEAR ZERO EMISSION VEHI-
 CLES, SUCH AS BUT NOT LIMITED TO, VOUCHERS, REBATES, COMPETITIVE GRANTS,
 LOW-COST FINANCING, OR ANY  OTHER  PROGRAM  OFFERED  BY  ANY  PUBLIC  OR
 PRIVATE ENTITY; AND
 S. 6298--A                          5
 
   (III)  ANY OTHER INFORMATION THE DEPARTMENT DEEMS RELEVANT IN ORDER TO
 COMPEL COMPLIANCE WITH THE PROVISIONS OF THIS SECTION.
   (C) THE DEPARTMENT SHALL CONDUCT AN OUTREACH AND EDUCATION CAMPAIGN TO
 INFORM FLEET OPERATORS OF THE PROVISIONS OF THIS SECTION.
   6.  NO  LATER THAN TWO YEARS AFTER THE EFFECTIVE DATE OF THIS SECTION,
 AND EACH YEAR THEREAFTER, THE DEPARTMENT SHALL ISSUE  A  REPORT  ON  THE
 STATE  OF  THE TRUCKING INDUSTRY AS IT RELATES TO THE PROVISIONS OF THIS
 SECTION.  SUCH REPORT SHALL INCLUDE:
   (A) THE NUMBER OF FLEET OPERATORS  COVERED  BY  THIS  SECTION  AND  AN
 AGGREGATE DESCRIPTION OF SUCH OPERATORS' FLEETS, INCLUDING THE NUMBER OF
 DRAYAGE TRUCKS AND MEDIUM- AND HEAVY-DUTY VEHICLES ACROSS THE STATE;
   (B)   THE   AGGREGATE  PERCENTAGE  OF  VEHICLES  OWNED,  OPERATED,  OR
 CONTROLLED BY FLEET OPERATORS COVERED UNDER THIS SECTION WHICH ARE  ZERO
 EMISSION OR NEAR ZERO EMISSION VEHICLES COMPARED TO NON-ZERO EMISSION OR
 NON-NEAR ZERO EMISSION VEHICLES;
   (C)  AN AGGREGATE DESCRIPTION OF THE PURCHASE OR LEASE OF NEW VEHICLES
 BY FLEET OPERATORS AND WHETHER SUCH VEHICLES ARE ZERO EMISSION  OR  NEAR
 ZERO  EMISSION  VEHICLES  COMPARED TO NON-ZERO EMISSION OR NON-NEAR ZERO
 EMISSION VEHICLES;
   (D) AN AGGREGATE DESCRIPTION, BY NUMBER AND  PERCENTAGE,  OF  NON-ZERO
 EMISSION  OR  NON-NEAR  ZERO  EMISSION  VEHICLES COVERED BY THIS SECTION
 WHICH WERE NOT ABLE TO BE REPLACED WITH ZERO EMISSION OR NEAR ZERO EMIS-
 SION VEHICLES DUE TO SUCH VEHICLE MODEL'S  UNAVAILABILITY,  AS  WELL  AS
 SUCH  MODEL'S  ANTICIPATED  DATE, IF ANY, OF AVAILABILITY BY ANY VEHICLE
 MANUFACTURER;
   (E) THE ESTIMATED AGGREGATE ANNUAL MILEAGE OF FLEET OPERATORS  COVERED
 BY THIS SECTION;
   (F)  THE ESTIMATED AGGREGATE ANNUAL TAILPIPE EMISSIONS OF FLEET OPERA-
 TORS COVERED BY THIS SECTION, BASED ON THE MILEAGE REPORTED IN PARAGRAPH
 (E) OF THIS SUBDIVISION;
   (G) RECOMMENDATIONS FOR ANY LEGISLATIVE CHANGES TO THIS SECTION; AND
   (H) ANY OTHER INFORMATION THE DEPARTMENT DEEMS NECESSARY TO INCLUDE AS
 A DESCRIPTION OF THE TRUCKING INDUSTRY'S COMPLIANCE WITH THIS ACT.
   SUCH REPORT SHALL BE DELIVERED ON AN ANNUAL  BASIS  TO  THE  TEMPORARY
 PRESIDENT  OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, AND THE GOVERNOR.
 SUCH REPORT SHALL ALSO BE POSTED  FOR  PUBLIC  REVIEW  IN  A  CLEAR  AND
 CONSPICUOUS MANNER ON THE DEPARTMENT'S WEBSITE.
   7.  (A)  ANY FLEET OPERATOR WHO VIOLATES THE PROVISIONS OF SUBDIVISION
 FOUR OF THIS SECTION SHALL BE LIABLE, IN THE CASE OF A FIRST  VIOLATION,
 FOR  A PENALTY NOT LESS THAN FIVE HUNDRED DOLLARS NOR MORE THAN EIGHTEEN
 THOUSAND DOLLARS FOR SAID VIOLATION; PROVIDED, HOWEVER, THAT THE COMMIS-
 SIONER MAY IN THEIR DISCRETION SUSPEND SUCH PENALTY FOR A PERIOD OF  ONE
 CALENDAR  YEAR. IF AT THE END OF SUCH CALENDAR YEAR, SUCH FLEET OPERATOR
 REMAINS NONCOMPLIANT WITH SUBDIVISION FOUR OF THIS SECTION, SUCH PENALTY
 SHALL BE REINSTATED AND  BECOME  IMMEDIATELY  DUE  AND  PAYABLE  TO  THE
 COMMISSIONER.
   (B)  IN  THE  CASE OF A SECOND OR ANY FURTHER VIOLATION, THE LIABILITY
 SHALL BE FOR A PENALTY NOT TO EXCEED  TWENTY-SIX  THOUSAND  DOLLARS  FOR
 SAID VIOLATION.
   § 4. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.

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Senate Bill S6298A

Sponsored By

Current Bill Status - In Senate Committee Environmental Conservation Committee

Bill Amendments

co-Sponsors

2023-S6298 - Details

2023-S6298 - Summary

2023-S6298 - Sponsor Memo

2023-S6298 - Bill Text download pdf

co-Sponsors

2023-S6298A (ACTIVE) - Details

2023-S6298A (ACTIVE) - Summary

2023-S6298A (ACTIVE) - Sponsor Memo

2023-S6298A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6298A

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Sponsored By

Andrew Gounardes

Current Bill Status - In Senate Committee Environmental Conservation Committee

Bill Amendments

co-Sponsors

Leroy Comrie

2023-S6298 - Details

2023-S6298 - Summary

2023-S6298 - Sponsor Memo

2023-S6298 - Bill Text download pdf

co-Sponsors

Leroy Comrie

Nathalia Fernandez

2023-S6298A (ACTIVE) - Details

2023-S6298A (ACTIVE) - Summary

2023-S6298A (ACTIVE) - Sponsor Memo

2023-S6298A (ACTIVE) - Bill Text download pdf

Comments