BILL NUMBER: S8067

SPONSOR: COONEY
 
TITLE OF BILL:

An act to amend the vehicle and traffic law, in relation to increasing
weight limits for vehicles powered primarily by electric battery power
and other fuels

 
PURPOSE:

To align state law with federal law related to weight limits for elec-
tric powered and alternative fuel trucks.

 
SUMMARY OF PROVISIONS:

Section 1: Adds a new subdivision 13-a to section 385 of the Vehicle and
Traffic Law to authorize a vehicle or combination of vehicles operated
by an engine fueled primarily by means of natural gas, propane gas, or
hydrogen or powered primarily by means of electric battery power to
exceed the weight limits provided for in current statute by up to two
thousand pounds but no more than eighty-two thousand pounds.
              

Section 2: Establishes the effective date.

 
JUSTIFICATION:

This legislation is necessary to permit the greater use of electric
powered and other alternative fuel trucks consistent with the goals of
the Climate Leadership and Community Protection Act (CLCPA). While one
of the CLCPA's goals is to have all vehicles be zero emission by 2050,
with interim goals before that year, New York has not updated the high-
way weight limits to accommodate these heavier vehicles. As a result,
zero and low emission trucks may be purchased but may be uneconomical
because their payloads often must be decreased to offset the heavier
weight of the vehicle itself. This bill will help address this issue and
encourage the greater use of zero and low emission trucks in New York.

The federal Consolidated Appropriations Act, signed into law in 2019,
already allows natural gas and electric battery-powered trucks to exceed
the weight limits provided for in law by up to 2,000 pounds, with a
maximum gross vehicle weight of 82,000 pounds. Specifically, Section 127
of Title 23, U.S.C., establishes weight limits for vehicles operating on
the Interstate System, as follows: 20,000 pounds on a single axle;
34,000 pounds on a tandem axle; and 80,000 pounds gross weight, unless
the Federal Bridge Formula dictates a lower weight limit. States are
permitted to correspondingly raise the weight limit on interstate high-
ways within their borders, and New York State does permit such vehicles
to operate on its interstate highways and within reasonable access ther-
eto. However, the federal law does not extend this weight limit increase
to state highways generally, and it is therefore necessary to amend
state law to allow for those same vehicles to operate on state, as well
as federal, highways. This bill would also allow vehicles powered by
propane gas or hydrogen to exceed state highway maximum gross vehicle
weight limits by 2,000, up to a maximum of 82,000 pounds.

Zero and low emission trucks do not result in any greater wear upon
highways. A 2021 report by the University of California Institute of
Transportation Studies related to the effects of increased weights of
alternative-fuel trucks on pavement and bridges found that long-haul
electric trucks are estimated to be 5,328 pounds heavier than their
diesel true bounterparts; natural gas trucks are estimated to weigh 500
to 2,000 poufids more than their diesel truck counterparts; and, hydro-
gen fuel cell long-haul trucks are expected to weigh 2,267 pounds more
than their diesel truck counterparts. The report found, however, that
despite the heavier weight "the pavement damage analyses of the example
state highway pavements and the county roads and urban arterials indi-
cated that the projected changes for the implementation of alternative
fuel trucks in 2030 and 2050 would cause a 0% to approximately 1%
increase in life reduction across all cases."

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
Immediately.