Bill Text: NY S00922 | 2013-2014 | General Assembly | Introduced
Bill Title: Requires cities with populations over 45,000 to incrementally reduce emissions in diesel powered motor vehicles owned by city agencies; defines terms.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2014-01-08 - REFERRED TO ENVIRONMENTAL CONSERVATION [S00922 Detail]
Download: New_York-2013-S00922-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
922
2013-2014 Regular Sessions
I N S E N A T E
(PREFILED)
January 9, 2013
___________
Introduced by Sen. SERRANO -- 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
reducing the emission of pollutants from diesel fuel-powered motor
vehicles owned by agencies of cities with populations over 45,000
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The environmental conservation law is amended by adding a
2 new section 19-0306-b to read as follows:
3 S 19-0306-B. USE OF ULTRA LOW SULFUR DIESEL FUEL AND BEST AVAILABLE
4 RETROFIT TECHNOLOGY BY DIESEL FUEL-POWERED MOTOR VEHI-
5 CLES IN CITIES WITH POPULATIONS OVER FORTY-FIVE THOU-
6 SAND.
7 1. DEFINITIONS. WHEN USED IN THIS SECTION:
8 A. "BEST AVAILABLE RETROFIT TECHNOLOGY" MEANS TECHNOLOGY, VERIFIED BY
9 THE EPA OR THE CALIFORNIA AIR RESOURCES BOARD, 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, AS SET FORTH IN SUBDIVISION FOUR OF THIS SECTION, THAT IS
13 APPLICABLE TO THE PARTICULAR ENGINE AND APPLICATION. SUCH TECHNOLOGY
14 SHALL ALSO, AT A REASONABLE COST, ACHIEVE THE GREATEST REDUCTION IN
15 EMISSIONS OF NITROGEN OXIDES AT SUCH PARTICULATE MATTER REDUCTION LEVEL
16 AND SHALL IN NO EVENT RESULT IN A NET INCREASE IN THE EMISSIONS OF
17 EITHER PARTICULATE MATTER OR NITROGEN OXIDES.
18 B. "CITY AGENCY" MEANS A CITY, COUNTY, BOROUGH, ADMINISTRATION,
19 DEPARTMENT, DIVISION, BUREAU, BOARD OR COMMISSION, OR A CORPORATION,
20 INSTITUTION OR AGENCY OF GOVERNMENT, THE EXPENSES OF WHICH ARE PAID IN
21 WHOLE OR IN PART FROM THE CITY TREASURY.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00541-01-3
S. 922 2
1 C. "GROSS VEHICLE WEIGHT RATING" MEANS THE VALUE SPECIFIED BY THE
2 MANUFACTURER OF A MOTOR VEHICLE MODEL AS THE MAXIMUM DESIGN LOADED
3 WEIGHT OF A SINGLE VEHICLE OF THAT MODEL.
4 D. "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, PROVIDED, HOWEVER, THAT THIS TERM
8 SHALL NOT INCLUDE VEHICLES THAT ARE SPECIALLY EQUIPPED FOR EMERGENCY
9 RESPONSE BY CITY FIRE, POLICE, SHERIFF OR RESCUE DEPARTMENTS.
10 E. "PERSON" MEANS ANY NATURAL PERSON, CO-PARTNERSHIP, FIRM, COMPANY,
11 ASSOCIATION, JOINT STOCK ASSOCIATION, CORPORATION OR OTHER LIKE ORGAN-
12 IZATION.
13 F. "REASONABLE COST" MEANS THAT SUCH TECHNOLOGY DOES NOT COST GREATER
14 THAN THIRTY PERCENT MORE THAN OTHER TECHNOLOGY APPLICABLE TO THE PARTIC-
15 ULAR ENGINE AND APPLICATION THAT FALLS WITHIN THE SAME CLASSIFICATION
16 LEVEL FOR DIESEL EMISSION CONTROL STRATEGIES, AS SET FORTH IN SUBDIVI-
17 SION FOUR OF THIS SECTION, WHEN CONSIDERING THE COST OF THE STRATEGIES,
18 THEMSELVES, AND THE COST OF INSTALLATION.
19 G. "ULTRA LOW SULFUR DIESEL FUEL" MEANS DIESEL FUEL THAT HAS A SULFUR
20 CONTENT OF NO MORE THAN FIFTEEN PARTS PER MILLION.
21 2. A. EACH DIESEL FUEL-POWERED MOTOR VEHICLE OWNED OR OPERATED BY A
22 CITY AGENCY SHALL BE POWERED BY ULTRA LOW SULFUR DIESEL FUEL.
23 B. DIESEL FUEL-POWERED MOTOR VEHICLES HAVING A GROSS VEHICLE WEIGHT
24 RATING OF MORE THAN EIGHTY-FIVE HUNDRED POUNDS THAT ARE OWNED OR OPER-
25 ATED BY CITY AGENCIES SHALL UTILIZE THE BEST AVAILABLE RETROFIT TECHNOL-
26 OGY OR BE EQUIPPED WITH AN ENGINE CERTIFIED TO THE APPLICABLE TWO THOU-
27 SAND SEVEN EPA STANDARD FOR PARTICULATE MATTER AS SET FORTH IN SECTION
28 86.007-11 OF TITLE 40 OF THE CODE OF FEDERAL REGULATIONS OR TO ANY
29 SUBSEQUENT EPA STANDARD FOR SUCH POLLUTANT THAT IS AT LEAST AS STRIN-
30 GENT, PURSUANT TO THE FOLLOWING SCHEDULE:
31 (I) 7% OF ALL SUCH MOTOR VEHICLES BY JANUARY 1, 2015;
32 (II) 14% OF ALL SUCH MOTOR VEHICLES BY JANUARY 1, 2016;
33 (III) 30% OF ALL SUCH MOTOR VEHICLES BY JANUARY 1, 2017;
34 (IV) 50% OF ALL SUCH MOTOR VEHICLES BY JANUARY 1, 2018;
35 (V) 70% OF ALL SUCH MOTOR VEHICLES BY JANUARY 1, 2019;
36 (VI) 90% OF ALL SUCH MOTOR VEHICLES BY JANUARY 1, 2020;
37 (VII) 100% OF ALL SUCH MOTOR VEHICLES BY JULY 1, 2021.
38 3. A. THE COMMISSIONER SHALL MAKE DETERMINATIONS, AND SHALL PUBLISH A
39 LIST CONTAINING SUCH DETERMINATIONS, AS TO THE BEST AVAILABLE RETROFIT
40 TECHNOLOGY TO BE USED FOR EACH TYPE OF DIESEL FUEL-POWERED MOTOR VEHICLE
41 TO WHICH THIS SECTION APPLIES. EACH SUCH DETERMINATION SHALL BE REVIEWED
42 AND REVISED, AS NEEDED, ON A REGULAR BASIS, BUT IN NO EVENT LESS OFTEN
43 THAN ONCE EVERY SIX MONTHS.
44 B. THE COMMISSIONER MAY DETERMINE THAT A TECHNOLOGY, WHETHER OR NOT IT
45 HAS BEEN VERIFIED BY THE EPA OR THE CALIFORNIA AIR RESOURCES BOARD, MAY
46 BE APPROPRIATE TO TEST, ON AN EXPERIMENTAL BASIS, ON A PARTICULAR TYPE
47 OF DIESEL FUEL-POWERED MOTOR VEHICLE OWNED OR OPERATED BY A CITY AGENCY.
48 THE COMMISSIONER MAY AUTHORIZE SUCH TECHNOLOGY TO BE INSTALLED ON UP TO
49 FIVE PERCENT OR TWENTY-FIVE OF SUCH TYPE OF MOTOR VEHICLE, WHICHEVER IS
50 LESS. ANY MOTOR VEHICLE ON WHICH SUCH TECHNOLOGY IS INSTALLED MAY BE
51 COUNTED FOR THE PURPOSE OF MEETING THE REQUIREMENTS OF PARAGRAPH A OF
52 SUBDIVISION TWO OF THIS SECTION. SUCH TECHNOLOGY SHALL NOT BE REQUIRED
53 TO BE INSTALLED ON OTHER MOTOR VEHICLES OF THE SAME TYPE AND SHALL BE
54 SUBJECT TO THE PROVISIONS OF PARAGRAPH C OF THIS SUBDIVISION.
55 C. NO CITY AGENCY SHALL BE REQUIRED TO REPLACE BEST AVAILABLE RETROFIT
56 TECHNOLOGY OR EXPERIMENTAL TECHNOLOGY UTILIZED FOR A DIESEL FUEL-POWERED
S. 922 3
1 MOTOR VEHICLE IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION WITHIN
2 THREE YEARS OF HAVING FIRST UTILIZED SUCH TECHNOLOGY FOR SUCH VEHICLE,
3 EXCEPT THAT TECHNOLOGY THAT FALLS WITHIN LEVEL FOUR, AS SET FORTH IN
4 SUBDIVISION FOUR OF THIS SECTION, SHALL NOT BE REQUIRED TO BE REPLACED
5 UNTIL IT HAS REACHED THE END OF ITS USEFUL LIFE.
6 4. THE CLASSIFICATION LEVELS FOR DIESEL EMISSION CONTROL STRATEGIES
7 ARE AS FOLLOWS, WITH LEVEL FOUR BEING THE HIGHEST CLASSIFICATION LEVEL:
8 A. LEVEL FOUR - STRATEGY REDUCES DIESEL PARTICULATE MATTER EMISSIONS
9 BY EIGHTY-FIVE PERCENT OR GREATER OR REDUCES ENGINE EMISSIONS TO LESS
10 THAN OR EQUAL TO 0.01 GRAMS DIESEL PARTICULATE MATTER PER BRAKE HORSE-
11 POWER-HOUR;
12 B. LEVEL THREE - STRATEGY REDUCES DIESEL PARTICULATE MATTER EMISSIONS
13 BY BETWEEN FIFTY AND EIGHTY-FOUR PERCENT;
14 C. LEVEL TWO - STRATEGY REDUCES DIESEL PARTICULATE MATTER EMISSIONS BY
15 BETWEEN TWENTY-FIVE AND FORTY-NINE PERCENT;
16 D. LEVEL ONE - STRATEGY REDUCES DIESEL PARTICULATE MATTER EMISSIONS BY
17 BETWEEN TWENTY AND TWENTY-FOUR PERCENT.
18 5. THE COMMISSIONER SHALL ISSUE A WRITTEN DETERMINATION THAT PERMITS
19 THE USE OF DIESEL FUEL THAT HAS A SULFUR CONTENT OF NO MORE THAN THIRTY
20 PARTS PER MILLION TO FULFILL THE REQUIREMENTS OF THIS SECTION IF ULTRA
21 LOW SULFUR DIESEL FUEL IS NOT AVAILABLE TO MEET THE NEEDS OF CITY AGEN-
22 CIES TO FULFILL THE REQUIREMENTS OF THIS SECTION. SUCH DETERMINATION
23 SHALL EXPIRE AFTER SIX MONTHS AND SHALL BE RENEWED IN WRITING EVERY SIX
24 MONTHS IF SUCH LACK OF AVAILABILITY PERSISTS, BUT IN NO EVENT SHALL BE
25 IN EFFECT AFTER SEPTEMBER FIRST, TWO THOUSAND FIFTEEN.
26 6. THE COMMISSIONER MAY ISSUE A WAIVER FOR THE USE OF ULTRA LOW SULFUR
27 DIESEL FUEL WHERE A CITY AGENCY MAKES A WRITTEN FINDING, WHICH IS
28 APPROVED, IN WRITING, BY THE COMMISSIONER, THAT A SUFFICIENT QUANTITY OF
29 ULTRA LOW SULFUR DIESEL FUEL, OR DIESEL FUEL THAT HAS A SULFUR CONTENT
30 OF NO MORE THAN THIRTY PARTS PER MILLION WHERE A DETERMINATION IS IN
31 EFFECT PURSUANT TO SUBDIVISION FIVE OF THIS SECTION, IS NOT AVAILABLE TO
32 MEET THE REQUIREMENTS OF THIS SECTION, PROVIDED THAT SUCH AGENCY, TO THE
33 EXTENT PRACTICABLE, SHALL USE WHATEVER QUANTITY OF ULTRA LOW SULFUR
34 DIESEL FUEL OR DIESEL FUEL THAT HAS A SULFUR CONTENT OF NO MORE THAN
35 THIRTY PARTS PER MILLION IS AVAILABLE FOR ITS DIESEL FUEL-POWERED MOTOR
36 VEHICLES. ANY WAIVER ISSUED PURSUANT TO THIS SUBDIVISION SHALL EXPIRE
37 AFTER TWO MONTHS, UNLESS THE CITY AGENCY RENEWS THE FINDING, IN WRITING,
38 AND THE COMMISSIONER APPROVES SUCH RENEWAL, IN WRITING.
39 7. A. NOT LATER THAN JANUARY FIRST, TWO THOUSAND SIXTEEN, AND NOT
40 LATER THAN JANUARY FIRST OF EACH YEAR THEREAFTER, THE COMMISSIONER SHALL
41 SUBMIT A REPORT TO THE LEGISLATURE REGARDING, AMONG OTHER THINGS, THE
42 USE OF ULTRA LOW SULFUR DIESEL FUEL AND THE USE OF THE BEST AVAILABLE
43 RETROFIT TECHNOLOGY BY DIESEL FUEL-POWERED MOTOR VEHICLES OWNED OR OPER-
44 ATED BY CITY AGENCIES DURING THE IMMEDIATELY PRECEDING CALENDAR YEAR.
45 THE INFORMATION CONTAINED IN THE REPORT REQUIRED BY THIS SUBDIVISION
46 SHALL INCLUDE, BUT NOT BE LIMITED TO, FOR EACH CITY AGENCY:
47 (I) THE TOTAL NUMBER OF DIESEL FUEL-POWERED MOTOR VEHICLES OWNED OR
48 OPERATED BY SUCH AGENCY;
49 (II) THE NUMBER OF SUCH MOTOR VEHICLES THAT WERE POWERED BY ULTRA LOW
50 SULFUR DIESEL FUEL;
51 (III) THE TOTAL NUMBER OF DIESEL FUEL-POWERED MOTOR VEHICLES OWNED OR
52 OPERATED BY SUCH AGENCY HAVING A GROSS VEHICLE WEIGHT RATING OF MORE
53 THAN EIGHTY-FIVE HUNDRED POUNDS;
54 (IV) THE NUMBER OF SUCH MOTOR VEHICLES THAT UTILIZED THE BEST AVAIL-
55 ABLE RETROFIT TECHNOLOGY, INCLUDING A BREAKDOWN BY MOTOR VEHICLE MODEL,
56 ENGINE YEAR AND THE TYPE OF TECHNOLOGY USED FOR EACH VEHICLE;
S. 922 4
1 (V) THE NUMBER OF SUCH MOTOR VEHICLES THAT ARE EQUIPPED WITH AN ENGINE
2 CERTIFIED TO THE APPLICABLE TWO THOUSAND SEVEN EPA STANDARD FOR PARTICU-
3 LATE MATTER AS SET FORTH IN SECTION 86.007-11 OF TITLE 40 OF THE CODE OF
4 FEDERAL REGULATIONS OR TO ANY SUBSEQUENT EPA STANDARD FOR PARTICULATE
5 MATTER THAT IS AT LEAST AS STRINGENT;
6 (VI) THE NUMBER OF SUCH MOTOR VEHICLES THAT UTILIZED TECHNOLOGY IN
7 ACCORDANCE WITH PARAGRAPH B OF SUBDIVISION THREE OF THIS SECTION AND THE
8 RESULTS AND ANALYSES REGARDING THE TESTING OF SUCH TECHNOLOGY; AND
9 (VII) ALL WAIVERS, FINDINGS, AND RENEWALS OF SUCH FINDINGS, ISSUED
10 PURSUANT TO SUBDIVISION SIX OF THIS SECTION, WHICH, FOR EACH WAIVER,
11 SHALL INCLUDE, BUT NOT BE LIMITED TO, THE QUANTITY OF DIESEL FUEL NEEDED
12 TO POWER DIESEL FUEL-POWERED MOTOR VEHICLES OWNED OR OPERATED BY SUCH
13 AGENCY; SPECIFIC INFORMATION CONCERNING THE AVAILABILITY OF ULTRA LOW
14 SULFUR DIESEL FUEL OR DIESEL FUEL THAT HAS A SULFUR CONTENT OF NO MORE
15 THAN THIRTY PARTS PER MILLION WHERE A DETERMINATION IS IN EFFECT PURSU-
16 ANT TO SUBDIVISION FIVE OF THIS SECTION; AND DETAILED INFORMATION
17 CONCERNING THE AGENCY'S EFFORTS TO OBTAIN ULTRA LOW SULFUR DIESEL FUEL
18 OR DIESEL FUEL THAT HAS A SULFUR CONTENT OF NO MORE THAN THIRTY PARTS
19 PER MILLION WHERE A DETERMINATION IS IN EFFECT PURSUANT TO SUBDIVISION
20 FIVE OF THIS SECTION.
21 B. WHERE A DETERMINATION IS IN EFFECT PURSUANT TO SUBDIVISION FIVE OF
22 THIS SECTION, INFORMATION REGARDING DIESEL FUEL THAT HAS A SULFUR
23 CONTENT OF NO MORE THAN THIRTY PARTS PER MILLION SHALL BE REPORTED WHER-
24 EVER INFORMATION IS REQUESTED FOR ULTRA LOW SULFUR DIESEL FUEL PURSUANT
25 TO PARAGRAPH A OF THIS SUBDIVISION.
26 C. THE REPORT DUE JANUARY FIRST, TWO THOUSAND SIXTEEN, IN ACCORDANCE
27 WITH PARAGRAPH A OF THIS SUBDIVISION SHALL ONLY INCLUDE THE INFORMATION
28 REQUIRED PURSUANT TO SUBPARAGRAPHS (I), (II) AND (VII) OF SUCH PARA-
29 GRAPH.
30 8. THIS SECTION SHALL NOT APPLY:
31 A. WHERE FEDERAL OR STATE FUNDING PRECLUDES A CITY FROM IMPOSING THE
32 REQUIREMENTS OF THIS SECTION; OR
33 B. TO PURCHASES THAT ARE EMERGENCY PROCUREMENTS PURSUANT TO LOCAL LAW.
34 9. IF ANY SUBDIVISION, PARAGRAPH, CLAUSE, PHRASE OR OTHER PORTION OF
35 THIS SECTION IS, FOR ANY REASON, DECLARED UNCONSTITUTIONAL OR INVALID,
36 IN WHOLE OR IN PART, BY ANY COURT OF COMPETENT JURISDICTION SUCH PORTION
37 SHALL BE DEEMED SEVERABLE, AND SUCH UNCONSTITUTIONALITY OR INVALIDITY
38 SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THIS SECTION,
39 WHICH REMAINING PORTIONS SHALL CONTINUE IN FULL FORCE AND EFFECT.
40 S 2. This act shall take effect on the one hundred eightieth day after
41 it shall have become a law. Effective immediately the commissioner of
42 environmental conservation is authorized to add, amend, and/or repeal
43 any rule or regulation necessary for the implementation of this act on
44 its effective date.
