S T A T E O F N E W Y O R K ________________________________________________________________________ 4552 2013-2014 Regular Sessions I N A S S E M B L Y February 6, 2013 ___________ Introduced by M. of A. GABRYSZAK, CROUCH, LAVINE, CORWIN, MONTESANO, SCHIMMINGER, TENNEY, WEPRIN, WALTER, GOODELL, P. LOPEZ -- Multi-Spon- sored by -- M. of A. BARCLAY, DUPREY, HAWLEY, KATZ, LOSQUADRO, MAGEE, McLAUGHLIN, RUSSELL, STEVENSON, WRIGHT -- 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: 1 Section 1. Section 19-0323 of the environmental conservation law, as 2 added by chapter 629 of the laws of 2006, subdivision 3 as amended by 3 section 1 of part EE of chapter 58 of the laws of 2012, subdivision 5 as 4 added and subdivisions 6, 7 and 8 as renumbered by section 1 of part C 5 of chapter 59 of the laws of 2010, is amended to read as follows: 6 S 19-0323. Use of ultra low sulfur diesel fuel and best available tech- 7 nology by the state. 8 1. As used in this section, the terms: 9 a. "Ultra low sulfur diesel fuel" means diesel fuel having sulfur 10 content of 0.0015 per cent of sulfur or less. 11 b. "Heavy duty vehicle" or "vehicle" means any on and off-road vehicle 12 powered by diesel fuel and having a gross vehicle weight of greater than 13 8,500 pounds, except that those vehicles defined in section 101 of the 14 vehicle and traffic law, paragraph 2 of schedule E and paragraph (a) of 15 schedule F of subdivision 7 of section 401 of such law, and vehicles 16 specified in subdivision 13 of section 401 of such law, and farm type 17 tractors and all terrain type vehicles used exclusively for agricultural 18 or mowing purposes, or for snow plowing, other than for hire, farm 19 equipment, including self-propelled machines used exclusively in grow- 20 ing, harvesting or handling farm produce, and self-propelled caterpillar 21 or crawler-type equipment while being operated on the contract site, and EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08518-01-3 A. 4552 2 1 timber harvesting equipment such as harvesters, wood chippers, forward- 2 ers, log skidders, and other processing equipment used exclusively off 3 highway for timber harvesting and logging purposes, shall not be deemed 4 heavy duty vehicles for purposes of this section. This term shall not 5 include vehicles that are specially equipped for emergency response by 6 the department, office of emergency management, sheriff's office of the 7 department of finance, police department or fire department. 8 c. "Best available retrofit technology" means technology, verified by 9 the United States environmental protection agency for reducing the emis- 10 sion of pollutants that achieves reductions in particulate matter emis- 11 sions at the highest classification level for diesel emission control 12 strategies that is applicable to the particular engine and application. 13 Such technology shall also, at a reasonable cost, achieve the greatest 14 reduction in emissions of nitrogen oxides at such particulate matter 15 reduction level and shall in no event result in a net increase in the 16 emissions of either particulate matter or nitrogen oxides. 17 d. "Reasonable cost" means that such technology does not cost greater 18 than 30 percent more than other technology applicable to the particular 19 engine and application that falls within the same classification level 20 for diesel emission control strategies, as set forth in paragraph c of 21 this subdivision, when considering the cost of the strategies, them- 22 selves, and the cost of installation. 23 2. Any diesel powered heavy duty vehicle that is owned by, operated by 24 [or on behalf of,] or leased by a state agency and state and regional 25 public authority shall be powered by ultra low sulfur diesel fuel. 26 3. Any diesel powered heavy duty vehicle that is owned by, operated by 27 [or on behalf of,] or leased by a state agency and state and regional 28 public authority with more than half of its governing body appointed by 29 the governor shall utilize the best available retrofit technology for 30 reducing the emission of pollutants. The commissioner shall promulgate 31 regulations for the implementation of this subdivision specifying that 32 all vehicles covered by this subdivision shall have best available 33 retrofit technology on or before December 31, [2013] 2015. 34 This subdivision shall not apply to any vehicle subject to a lease or 35 public works contract entered into or renewed prior to the effective 36 date of this section. 37 4. In addition to other provisions for regulations in this section, 38 the commissioner shall promulgate regulations as necessary and appropri- 39 ate to carry out the provisions of this act including but not limited to 40 provision for waivers upon written finding by the commissioner that (a) 41 best available retrofit technology for reducing the emissions of pollu- 42 tants as required by subdivision 3 of this section is not available for 43 a particular vehicle or class of vehicles and (b) that ultra low sulfur 44 diesel fuel is not available. 45 5. In addition to any waiver which may be issued pursuant to subdivi- 46 sion four of this section, the department shall issue a waiver to a 47 state agency[,] OR a state or regional public authority, [or a person 48 operating any diesel-powered heavy duty vehicle on behalf of a state 49 agency, state or regional public authority,] upon a request in a form 50 acceptable to the department for a waiver from the provisions of subdi- 51 vision three of this section for a vehicle engine provided that such 52 vehicle engine will cease to be used in the state on or before December 53 thirty-first, two thousand thirteen. Any waiver issued pursuant to this 54 subdivision shall expire when a state agency[, a state or regional 55 public authority, or a person operating any diesel-powered heavy duty 56 vehicle on behalf of a state agency,] OR A state or regional public A. 4552 3 1 authority ceases to use the engine in the state but not later than 2 December thirty-first, two thousand [thirteen] EIGHTEEN. 3 6. This section shall not apply where federal law or funding precludes 4 the state from imposing the requirements of this section. 5 7. On or before January 1, 2008 and every year thereafter, the commis- 6 sioner shall report to the governor and legislature on the use of ultra 7 low sulfur diesel fuel [and the use of the best available retrofit tech- 8 nology as required under this section]. ON OR BEFORE JANUARY 1, 2016 9 AND EVERY YEAR THEREAFTER, THE COMMISSIONER SHALL INCLUDE IN THE REPORT 10 TO THE GOVERNOR AND LEGISLATURE THE USE OF THE BEST AVAILABLE RETROFIT 11 TECHNOLOGY AS REQUIRED UNDER THIS SECTION. The information contained in 12 this report shall include, but not be limited to, for each state agency 13 and public authority covered by this section: (a) the total number of 14 diesel fuel-powered motor vehicles owned or operated by such agency and 15 authority; (b) the number of such motor vehicles that were powered by 16 ultra low sulfur diesel fuel; (c) the total number of diesel fuel-pow- 17 ered motor vehicles owned or operated by such agency and authority 18 having a gross vehicle weight rating of more than 8,500 pounds; (d) the 19 number of such motor vehicles that utilized the best available retrofit 20 technology, including a breakdown by motor vehicle model, engine year 21 and the type of technology used for each vehicle; (e) the number of such 22 motor vehicles that are equipped with an engine certified to the appli- 23 cable 2007 United States environmental protection agency standard for 24 particulate matter as set forth in section 86.007-11 of title 40 of the 25 code of federal regulations or to any subsequent United States environ- 26 mental protection agency standard for particulate matter that is at 27 least as stringent; and (f) all waivers, findings, and renewals of such 28 findings, which, for each waiver, shall include, but not be limited to, 29 the quantity of diesel fuel needed to power diesel fuel-powered motor 30 vehicles owned or operated by such agency and authority; specific infor- 31 mation concerning the availability of ultra low sulfur diesel fuel. 32 8. The department shall, to the extent practicable, coordinate with 33 regions which have proposed or adopted heavy duty emission inspection 34 programs to promote regional consistency in such programs. 35 S 2. This act shall take effect immediately.