Bill Text: NY A03298 | 2009-2010 | General Assembly | Introduced


Bill Title: An act to amend the executive law, in relation to purchase of cleaner vehicles for use by state agencies

Spectrum: Partisan Bill (Democrat 55-0)

Status: (Introduced - Dead) 2010-01-06 - referred to governmental operations [A03298 Detail]

Download: New_York-2009-A03298-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3298
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 26, 2009
                                      ___________
       Introduced  by M. of A. CAHILL, SILVER, FARRELL, GANTT, MAGEE, DINOWITZ,
         WRIGHT, GORDON, BRENNAN, DelMONTE, ENGLEBRIGHT, LUPARDO, KOON, LANCMAN
         -- Multi-Sponsored by -- M. of A. ARROYO, AUBRY, BENEDETTO,  BENJAMIN,
         CLARK,  COLTON,  CYMBROWITZ,  DESTITO,  EDDINGTON,  GABRYSZAK,  GALEF,
         GLICK,  GOTTFRIED,  GREENE,  GUNTHER,  HEVESI,  HYER-SPENCER,  JACOBS,
         JAFFEE,  JOHN, KELLNER, LAVINE, LENTOL, LIFTON, MAISEL, MARKEY, McENE-
         NY,  MILLMAN,  MORELLE,  O'DONNELL,  ORTIZ,  PERRY,  PHEFFER,   RAMOS,
         N. RIVERA,  P. RIVERA,  ROBINSON, ROSENTHAL, SEMINERIO, STIRPE, TOWNS,
         WEISENBERG, ZEBROWSKI -- read once and referred to  the  Committee  on
         Governmental Operations
       AN  ACT  to  amend the executive law, in relation to purchase of cleaner
         vehicles for use by state agencies
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. The executive law is amended by adding a new section 201-b
    2  to read as follows:
    3    S 201-B.  PURCHASE OF CLEANER VEHICLES FOR USE BY STATE  AGENCIES.  1.
    4  DEFINITIONS. AS USED IN THIS SECTION:
    5    (A)  "ALTERNATIVE  FUEL"  MEANS  NATURAL GAS, LIQUEFIED PETROLEUM GAS,
    6  HYDROGEN, ELECTRICITY, AND ANY OTHER FUEL WHICH IS AT LEAST  EIGHTY-FIVE
    7  PERCENT,  SINGLY OR IN COMBINATION, METHANOL, ETHANOL, ANY OTHER ALCOHOL
    8  OR ETHER.
    9    (B) "ALTERNATIVE FUEL MOTOR VEHICLE" MEANS A  MOTOR  VEHICLE  THAT  IS
   10  OPERATED USING SOLELY AN ALTERNATIVE FUEL OR IS OPERATED USING SOLELY AN
   11  ALTERNATIVE FUEL IN COMBINATION WITH GASOLINE OR DIESEL FUEL.
   12    (C)  "GROSS  VEHICLE  WEIGHT  RATING" MEANS THE VALUE SPECIFIED BY THE
   13  MANUFACTURER OF A MOTOR VEHICLE  MODEL  AS  THE  MAXIMUM  DESIGN  LOADED
   14  WEIGHT OF A SINGLE VEHICLE OF THAT MODEL.
   15    (D)  "LIGHT-DUTY VEHICLE" MEANS ANY MOTOR VEHICLE HAVING A GROSS VEHI-
   16  CLE WEIGHT RATING OF EIGHT THOUSAND FIVE HUNDRED POUNDS OR LESS.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00709-01-9
       A. 3298                             2
    1    (E) "MEDIUM-DUTY VEHICLE" MEANS ANY MOTOR VEHICLE HAVING A GROSS VEHI-
    2  CLE WEIGHT RATING OF MORE THAN EIGHT THOUSAND FIVE  HUNDRED  POUNDS  BUT
    3  NOT MORE THAN FOURTEEN THOUSAND POUNDS.
    4    (F)  "MOTOR  VEHICLE" MEANS A VEHICLE OPERATED OR DRIVEN UPON A PUBLIC
    5  HIGHWAY WHICH IS PROPELLED BY  ANY  POWER  OTHER  THAN  MUSCULAR  POWER,
    6  EXCEPT ELECTRICALLY-DRIVEN MOBILITY ASSISTANCE DEVICES OPERATED OR DRIV-
    7  EN BY A PERSON WITH A DISABILITY.
    8    (G) "PURCHASE" MEANS PURCHASE, LEASE, BORROW, OR OTHERWISE ACQUIRE.
    9    (H)  "STATE  AGENCY"  MEANS ANY DEPARTMENT, BOARD, BUREAU, COMMISSION,
   10  DIVISION, OFFICE, COUNCIL, COMMITTEE OR  OFFICER  OF  THE  STATE,  OR  A
   11  PUBLIC  BENEFIT  CORPORATION  OR  PUBLIC AUTHORITY AT LEAST ONE OF WHOSE
   12  MEMBERS IS APPOINTED BY THE GOVERNOR, BUT SHALL NOT INCLUDE THE GOVERNOR
   13  OR AGENCIES IN THE LEGISLATIVE OR JUDICIAL BRANCHES.
   14    (I) "B100" SHALL MEAN BIO-DIESEL IN ITS PURE FORM.
   15    (J) "B20" SHALL MEAN A MIXTURE OF TWENTY PERCENT BIO-DIESEL AND EIGHTY
   16  PERCENT PETROLEUM FUEL.
   17    (K)  "B5"  SHALL  MEAN  A  MIXTURE  OF  FIVE  PERCENT  BIO-DIESEL  AND
   18  NINETY-FIVE PERCENT PETROLEUM FUEL.
   19    (L)  "E85"  SHALL  MEAN  A  MIXTURE OF EIGHTY-FIVE PERCENT ETHANOL AND
   20  FIFTEEN PERCENT PETROLEUM FUEL.
   21    2. ON AND AFTER JANUARY FIRST, TWO THOUSAND TEN, ONE  HUNDRED  PERCENT
   22  OF  ALL  NEW  LIGHT-DUTY  VEHICLES  PURCHASED BY STATE AGENCIES SHALL BE
   23  ALTERNATIVE FUEL MOTOR VEHICLES WITH THE EXCEPTION OF SPECIALTY,  POLICE
   24  OR EMERGENCY VEHICLES AS DESIGNATED BY THE DIVISION OF THE BUDGET.
   25    3.  (A) NOTWITHSTANDING THE PROVISIONS OF SECTION TWO HUNDRED ONE-A OF
   26  THIS ARTICLE, AND EXCEPT AS PROVIDED FOR IN PARAGRAPHS (B)  AND  (C)  OF
   27  THIS  SUBDIVISION,  ON  AND  AFTER  JANUARY FIRST, TWO THOUSAND TEN EACH
   28  MEDIUM-DUTY VEHICLE THAT A STATE AGENCY PURCHASES, WITH THE EXCEPTION OF
   29  SPECIALTY, POLICE OR EMERGENCY VEHICLES AS DESIGNATED BY THE DIVISION OF
   30  THE BUDGET, SHALL ACHIEVE THE HIGHEST OF  THE  FOLLOWING  RATINGS,  WITH
   31  SUBPARAGRAPH  (I)  OF  THIS  PARAGRAPH BEING THE HIGHEST VEHICLE RATING,
   32  APPLICABLE TO MOTOR VEHICLES CERTIFIED TO CALIFORNIA  LEV  II  STANDARDS
   33  AND AVAILABLE WITHIN THE APPLICABLE MODEL YEAR FOR A MEDIUM-DUTY VEHICLE
   34  THAT MEETS THE REQUIREMENTS FOR THE INTENDED USE OF SUCH VEHICLE:
   35    (I) ZERO EMISSION VEHICLE (ZEV)
   36    (II) ADVANCED TECHNOLOGY PARTIAL ZERO EMISSION VEHICLE (ATPZEV)
   37    (III) PARTIAL ZERO EMISSION VEHICLE (PZEV)
   38    (IV) SUPER ULTRA LOW EMISSION VEHICLE (SULEV)
   39    (V) ULTRA LOW EMISSION VEHICLE (ULEV)
   40    (VI) LOW EMISSION VEHICLE (LEV)
   41    (B) THE STATE AGENCY SHALL NOT BE REQUIRED TO PURCHASE A ZERO EMISSION
   42  VEHICLE  OR ADVANCED TECHNOLOGY PARTIAL ZERO EMISSION VEHICLE IN ACCORD-
   43  ANCE WITH SUBPARAGRAPH (I) OF PARAGRAPH (A) OF THIS SUBDIVISION  IF  THE
   44  ONLY  AVAILABLE  VEHICLE  OR  VEHICLES  THAT  ACHIEVE SUCH A RATING COST
   45  GREATER THAN FIFTY PERCENT MORE THAN THE LOWEST BID AS DETERMINED BY THE
   46  APPLICABLE PROCUREMENT PROCESS FOR A VEHICLE AVAILABLE IN THE NEXT HIGH-
   47  EST RATING CATEGORY THAT MEETS THE REQUIREMENTS FOR THE INTENDED USE  BY
   48  THE AGENCY OF SUCH VEHICLE.
   49    (C) NOTWITHSTANDING THE REQUIREMENTS OF PARAGRAPH (A) OF THIS SUBDIVI-
   50  SION,  SUCH  REQUIREMENTS NEED NOT APPLY TO A MAXIMUM OF FIVE PERCENT OF
   51  THE MEDIUM-DUTY VEHICLES PURCHASED WITHIN EACH YEAR.
   52    4. WHEN PURCHASING VEHICLES  OTHER  THAN  LIGHT-DUTY  AND  MEDIUM-DUTY
   53  VEHICLES, INCLUDING NON-ROAD VEHICLES, STATE AGENCIES SHALL PURCHASE THE
   54  MOST  FUEL  EFFICIENT  MODEL IN THE VEHICLE CLASS UNLESS THE AGENCY HEAD
   55  CERTIFIES IN WRITING THAT PURCHASE OF SUCH  MODEL  WOULD  NOT  MEET  THE
   56  NEEDS OF THE AGENCY.
       A. 3298                             3
    1    5.  ALL  VEHICLES  SHALL  BE MAINTAINED AND OPERATED IN A MANNER WHICH
    2  MAXIMIZES FUEL EFFICIENCY AND MINIMIZES AIR POLLUTION. THE  COMMISSIONER
    3  OF  GENERAL  SERVICES  SHALL  ADOPT  REGULATIONS  AND IMPLEMENT POLICIES
    4  DESIGNED TO REDUCE PETROLEUM  CONSUMPTION  AND  EMISSIONS  THROUGH  SUCH
    5  MEASURES  AS  THE  ESTABLISHMENT OF FLEET MANAGEMENT PRACTICES TO REDUCE
    6  VEHICLE MILES TRAVELED, AND THE INSTITUTION AND ENFORCEMENT  OF  MAINTE-
    7  NANCE, FUELING AND DRIVING POLICIES TO MAXIMIZE FUEL ECONOMY.
    8    6.  ALL STATE AGENCIES SHALL ENSURE THAT VEHICLES CAPABLE OF OPERATING
    9  ON E85 ETHANOL FUEL SHALL DO SO WHENEVER IT IS FEASIBLE TO  DO  SO.  THE
   10  GOVERNOR'S  CLEAN  VEHICLE  COUNCIL SHALL PREPARE A PLAN OUTLINING STEPS
   11  THAT CAN BE TAKEN TO ENSURE THAT, TO THE GREATEST EXTENT  POSSIBLE,  ALL
   12  FLEXIBLE-FUELED  VEHICLES  IN  THE  STATE FLEET THAT CAN UTILIZE ETHANOL
   13  FUELS WILL DO SO, AND IDENTIFY AND IMPLEMENT  MEASURES  TO  PROVIDE  FOR
   14  SUCH REFUELING.
   15    7.  (A)  THE  GOVERNOR'S  CLEAN VEHICLE COUNCIL SHALL PREPARE A REPORT
   16  DETAILING HOW SUCH AGENCIES SHALL  PURCHASE,  ALLOCATE,  DISTRIBUTE  AND
   17  UTILIZE  BIO-DIESEL  IN  STATE  VEHICLES. STATE AGENCIES SHALL PURCHASE,
   18  ALLOCATE, DISTRIBUTE AND  UTILIZE  BIO-DIESEL  IN  ACCORDANCE  WITH  THE
   19  AFOREMENTIONED REPORT, AND AS SPECIFIED IN THE TABLE BELOW. THE PERCENT-
   20  AGE  OF DIESEL SHALL BE A BLENDED EQUIVALENT WHICH RESULTS IN AN OVERALL
   21  CONSUMPTION OF B100 AS SET FORTH BELOW.
   22    CALENDAR YEAR                                   B100 PERCENTAGE
   23    2009                                            6.0%
   24    2010                                            7.0%
   25    2011                                            8.0%
   26    2012                                            10.0%
   27    IN TWO THOUSAND FOURTEEN AND THEREAFTER, THE PERCENTAGE OF  DIESEL  AS
   28  SPECIFIED  ABOVE SHALL BE SET BY THE COMMISSIONER OF GENERAL SERVICES BY
   29  REGULATION, BUT SHALL NOT BE LESS THAN TEN PERCENT.
   30    (B) IN COMPLYING WITH THE REQUIREMENTS  OF  SUBDIVISION  TWO  OF  THIS
   31  SECTION,  STATE  AGENCIES  MAY  SUBSTITUTE THE USE OF FOUR HUNDRED FIFTY
   32  GALLONS OF B100 FOR THE ACQUISITION OF ONE ALTERNATIVE FUEL MOTOR  VEHI-
   33  CLE.    USE  OF  TWO THOUSAND TWO HUNDRED FIFTY GALLONS OF B20 OR USE OF
   34  NINE THOUSAND GALLONS OF B5 MAY ALSO BE SUBSTITUTED FOR ONE  ALTERNATIVE
   35  FUEL MOTOR VEHICLE. NO MORE THAN FIFTY PERCENT OF A GIVEN STATE AGENCY'S
   36  ALTERNATIVE  FUELED  MOTOR  VEHICLE  PURCHASE  REQUIREMENT MAY BE MET BY
   37  SUBSTITUTING B100, B20 OR B5 IN ACCORDANCE WITH THIS PARAGRAPH.
   38    (C) THE REQUIREMENTS OF THIS SUBDIVISION  MAY  BE  WAIVED,  EITHER  IN
   39  WHOLE OR IN PART, BY ANY STATE AGENCY UPON A FINDING BY THE HEAD OF SUCH
   40  AGENCY  THAT  ADHERENCE  TO  SUCH  REQUIREMENT  WOULD  HAVE UNACCEPTABLE
   41  IMPACTS UPON THE RELIABLE AND SAFE OPERATION OF SUCH VEHICLES,  OR  UPON
   42  THE  LIFE  CYCLE OR WARRANTED PERFORMANCE OF CERTAIN CRITICAL COMPONENTS
   43  OF SUCH VEHICLES. SUCH WAIVERS SHALL BE IN EFFECT NO LONGER THAN  NECES-
   44  SARY  TO  ADDRESS THE CONDITION, OR FOR A MAXIMUM OF SIXTY DAYS FROM THE
   45  ISSUANCE OF THE FINDING, WHICHEVER ONE IS LESS; HOWEVER,  IN  THE  EVENT
   46  THAT THE CONDITION THAT GIVES RISE TO THE WAIVER IS NOT CAPABLE OF BEING
   47  RESOLVED  WITHIN A SIXTY-DAY PERIOD, SUCH WAIVERS MAY BE EXTENDED FOR AN
   48  ADDITIONAL PERIOD BY THE HEAD OF THE AGENCY WITH THE CONCURRENCE OF  THE
   49  PRESIDENT  OF  THE  NEW  YORK  STATE RESEARCH AND DEVELOPMENT AUTHORITY,
   50  AFTER CONSULTATION WITH THE COMMISSIONER OF ENVIRONMENTAL CONSERVATION.
   51    8. NOT LATER THAN FEBRUARY FIFTEENTH, TWO  THOUSAND  ELEVEN,  AND  NOT
   52  LATER  THAN FEBRUARY FIFTEENTH OF EACH YEAR THEREAFTER, THE COMMISSIONER
   53  OF GENERAL SERVICES SHALL SUBMIT TO THE GOVERNOR, THE  TEMPORARY  PRESI-
   54  DENT  OF  THE  SENATE  AND  THE  SPEAKER OF THE ASSEMBLY A REPORT ON THE
   55  EFFORTS OF EACH AGENCY TO IMPLEMENT THIS SECTION. SUCH REPORT  SHALL  BE
   56  PREPARED  IN  CONJUNCTION  WITH THE GOVERNOR'S CLEAN VEHICLE COUNCIL AND
       A. 3298                             4
    1  SHALL INCLUDE, AT A MINIMUM, INFORMATION  ON  THE  FOLLOWING  ACTIVITIES
    2  DURING  THE IMMEDIATELY PRECEDING CALENDAR YEAR: (A) THE TOTAL NUMBER OF
    3  LIGHT-DUTY VEHICLES, MEDIUM-DUTY VEHICLES, HEAVY DUTY VEHICLES AND OTHER
    4  MOTOR VEHICLES (INCLUDING NON-ROAD VEHICLES), RESPECTIVELY, PURCHASED BY
    5  SUCH  AGENCY;  (B)  THE TYPE OR TYPES OF FUEL USED BY EACH SUCH VEHICLE;
    6  (C) THE TOTAL NUMBER OF VEHICLES, RESPECTIVELY, PURCHASED BY SUCH AGENCY
    7  THAT ARE CERTIFIED TO CALIFORNIA LEV II STANDARDS IN  EACH  OF  THE  SIX
    8  RATING  CATEGORIES  LISTED IN PARAGRAPH (A) OF SUBDIVISION THREE OF THIS
    9  SECTION, DISAGGREGATED ACCORDING TO VEHICLE MODEL; (D) THE TOTAL VEHICLE
   10  MILES TRAVELED BY SUCH VEHICLES;  AND  (E)  THE  TOTAL  AMOUNT  OF  FUEL
   11  CONSUMED  BY  EACH  CATEGORY OF MOTOR VEHICLES OPERATED BY AN AGENCY AND
   12  THE ESTIMATED TOTAL AMOUNT OF EQUIVALENT CARBON DIOXIDE EMITTED BY  SUCH
   13  VEHICLES, DISAGGREGATED ACCORDING TO FUEL TYPE.
   14    S  2.  Not  later  than February 15, 2010, the commissioner of general
   15  services shall submit to the governor, the temporary  president  of  the
   16  senate  and  the speaker of the assembly a report on the status of motor
   17  vehicles operated by state agencies. Such report shall  be  prepared  in
   18  conjunction with the governor's clean vehicle council and shall include,
   19  at  a minimum, the following information: (a) the total number of light-
   20  duty vehicles, medium-duty vehicles, heavy-duty vehicles and other motor
   21  vehicles (including non-road vehicles), respectively, operated  by  such
   22  agency; (b) the type or types of fuel used by each such vehicle; (c) the
   23  total number of vehicles, respectively, operated by such agency that are
   24  certified to California LEV II standards in each of the six rating cate-
   25  gories  listed in paragraph (a) of subdivision 3 of section 201-b of the
   26  executive law, as added  by  section  one  of  this  act,  disaggregated
   27  according to vehicle model; (d) the total vehicle miles traveled by such
   28  vehicles  in  2009;  and  (e)  the total amount of fuel consumed by each
   29  category of motor vehicles operated by an agency and the estimated total
   30  amount of equivalent carbon dioxide emitted by such  vehicles  in  2009,
   31  disaggregated according to fuel type.
   32    S  3.  This  act shall take effect January 1, 2010; provided, however,
   33  that the commissioner of general services is immediately authorized  and
   34  directed  to take any and all actions necessary, including the promulga-
   35  tion of rules and regulations, to implement this act on or  before  such
   36  effective date.
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