Relates to the use of ultra low sulfur diesel fuel and the best available technology by the state.
BILL NUMBER:S2369C REVISED 01/26/12
TITLE OF BILL: 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
PURPOSE: The purpose of the legislation is to extend the period of compliance for retrofitting heavy-duty diesel vehicles pursuant to the Diesel Emissions Reduction Act of 2006 (DERA).
SUMMARY OF PROVISIONS: The legislation amends section 19-0323 of the environmental conservation law to extend the time period by which all heavy-duty diesel vehicles must be retrofitted with diesel particulate filter devices. All vehicles must be retrofitted by December 31, 2014. The legislation also provides a complete exemption for all private sector vehicles.
EXISTING LAW: Current law requires all heavy-duty diesel vehicles to be retrofitted with diesel particulate filter devices by December 31, 2012. The enacted 2011-12 state budget extended the time period of compliance for retrofitting from December 31, 2010 to December 31, 2012. The State of New York Supreme Court, Appellate Division released their decision on the court case challenging the DEC regulations (Matter of New York Construction Materials Association. Inc. v. New York State Department of Environmental Conservation. et als).
JUSTIFICATION: The Diesel Emissions Reduction Act (DERA) applies to all heavy-duty diesel vehicles owned by state agencies or public authorities, as well as to contractors, subcontractors and material suppliers who do work on public job sites pursuant to contracts with state agencies or public authorities. Along with requiring the use of ultra low sulfur diesel fuel, DERA requires all applicable heavy-duty diesel vehicles to be retrofitted with diesel particulate devices to reduce the emissions of sulfur dioxide, nitrogen oxides and other pollutants by December 31, 2012.
While reducing the emissions of various pollutants is certainly a worthy goal, the best available technology for retrofitting heavy-duty diesel vehicles has proven to be cost-prohibitive for many businesses in New York State, running as high as $25,000 to $30,000 per truck. These hefty costs will present many challenges for businesses in the state, that are already struggling with ever-increasing costs associated with taxes, insurance and workers' compensation premiums, energy and fuel, along with other production costs. Exempting all private sector vehicles will relieve many businesses from this sizeable investment that they are simply unable to pay and would force them to close their doors. In addition, the cost of retrofitting will exceed the value of certain vehicles in company fleets.
LEGISLATIVE HISTORY: S.7095 of 2010.
FISCAL IMPLICATIONS: The bill would likely result in significant savings to the state.
EFFECTIVE DATE: Immediately.
STATE OF NEW YORK ________________________________________________________________________ 2369--C 2011-2012 Regular Sessions IN SENATE January 19, 2011 ___________Introduced by Sens. SEWARD, LARKIN, LIBOUS, MAZIARZ, RANZENHOFER, SALAND, YOUNG -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation -- commit- tee discharged, bill amended, ordered reprinted as amended and recom- mitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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: Section 1. Section 19-0323 of the environmental conservation law, as added by chapter 629 of the laws of 2006, subdivision 3 as amended by section 1 of part BB of chapter 60 of the laws of 2011, subdivision 5 as added and subdivisions 6, 7 and 8 as renumbered by section 1 of part C of chapter 59 of the laws of 2010, is amended to read as follows: S 19-0323. Use of ultra low sulfur diesel fuel and best available tech- nology by the state. 1. As used in this section, the terms: a. "Ultra low sulfur diesel fuel" means diesel fuel having sulfur content of 0.0015 per cent of sulfur or less. b. "Heavy duty vehicle" or "vehicle" means any on and off-road vehicle powered by diesel fuel and having a gross vehicle weight of greater than 8,500 pounds, except that those vehicles defined in section 101 of the vehicle and traffic law, paragraph 2 of schedule E and paragraph (a) of schedule F of subdivision 7 of section 401 of such law, and vehicles specified in subdivision 13 of section 401 of such law, and farm type tractors and all terrain type vehicles used exclusively for agricultural or mowing purposes, or for snow plowing, other than for hire, farmEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05844-08-1 S. 2369--C 2
equipment, including self-propelled machines used exclusively in grow- ing, harvesting or handling farm produce, and self-propelled caterpillar or crawler-type equipment while being operated on the contract site, and timber harvesting equipment such as harvesters, wood chippers, forward- ers, log skidders, and other processing equipment used exclusively off highway for timber harvesting and logging purposes, shall not be deemed heavy duty vehicles for purposes of this section. This term shall not include vehicles that are specially equipped for emergency response by the department, office of emergency management, sheriff's office of the department of finance, police department or fire department. c. "Best available retrofit technology" means technology, verified by the United States environmental protection agency for reducing the emis- sion of pollutants that achieves reductions in particulate matter emis- sions at the highest classification level for diesel emission control strategies that is applicable to the particular engine and application. Such technology shall also, at a reasonable cost, achieve the greatest reduction in emissions of nitrogen oxides at such particulate matter reduction level and shall in no event result in a net increase in the emissions of either particulate matter or nitrogen oxides. d. "Reasonable cost" means that such technology does not cost greater than 30 percent more than other technology applicable to the particular engine and application that falls within the same classification level for diesel emission control strategies, as set forth in paragraph c of this subdivision, when considering the cost of the strategies, them- selves, and the cost of installation. 2. Any diesel powered heavy duty vehicle that is owned by, operated by
[or on behalf of,]or leased by a state agency and state and regional public authority shall be powered by ultra low sulfur diesel fuel. 3. Any diesel powered heavy duty vehicle that is owned by, operated by [or on behalf of,]or leased by a state agency and state and regional public authority with more than half of its governing body appointed by the governor shall utilize the best available retrofit technology for reducing the emission of pollutants. The commissioner shall promulgate regulations for the implementation of this subdivision specifying that all vehicles covered by this subdivision shall have best available retrofit technology on or before December 31, 2014. This subdivision shall not apply to any vehicle subject to a lease or public works contract entered into or renewed prior to the effective date of this section. 4. In addition to other provisions for regulations in this section, the commissioner shall promulgate regulations as necessary and appropri- ate to carry out the provisions of this act including but not limited to provision for waivers upon written finding by the commissioner that (a) best available retrofit technology for reducing the emissions of pollu- tants as required by subdivision 3 of this section is not available for a particular vehicle or class of vehicles and (b) that ultra low sulfur diesel fuel is not available. 5. In addition to any waiver which may be issued pursuant to subdivi- sion four of this section, the department shall issue a waiver to a state agency [,]OR a state or regional public authority, [or a person operating any diesel-powered heavy duty vehicle on behalf of a state agency, state or regional public authority], upon a request in a form acceptable to the department for a waiver from the provisions of subdi- vision three of this section for a vehicle engine provided that such vehicle engine will cease to be used in the state on or before December thirty-first, two thousand thirteen. Any waiver issued pursuant to thisS. 2369--C 3
subdivision shall expire when a state agency
[, a state or regional public authority, or a person operating any diesel-powered heavy duty vehicle on behalf of a state agency,]OR A state or regional public authority ceases to use the engine in the state but not later than December thirty-first, two thousand [thirteen]FOURTEEN. 6. This section shall not apply where federal law or funding precludes the state from imposing the requirements of this section. 7. On or before January 1, 2008 and every year thereafter, the commis- sioner shall report to the governor and legislature on the use of ultra low sulfur diesel fuel and the use of the best available retrofit tech- nology as required under this section. The information contained in this report shall include, but not be limited to, for each state agency and public authority covered by this section: (a) the total number of diesel fuel-powered motor vehicles owned or operated by such agency and author- ity; (b) the number of such motor vehicles that were powered by ultra low sulfur diesel fuel; (c) the total number of diesel fuel-powered motor vehicles owned or operated by such agency and authority having a gross vehicle weight rating of more than 8,500 pounds; (d) the number of such motor vehicles that utilized the best available retrofit technolo- gy, including a breakdown by motor vehicle model, engine year and the type of technology used for each vehicle; (e) the number of such motor vehicles that are equipped with an engine certified to the applicable 2007 United States environmental protection agency standard for particu- late matter as set forth in section 86.007-11 of title 40 of the code of federal regulations or to any subsequent United States environmental protection agency standard for particulate matter that is at least as stringent; and (f) all waivers, findings, and renewals of such findings, which, for each waiver, shall include, but not be limited to, the quan- tity of diesel fuel needed to power diesel fuel-powered motor vehicles owned or operated by such agency and authority; specific information concerning the availability of ultra low sulfur diesel fuel. 8. The department shall, to the extent practicable, coordinate with regions which have proposed or adopted heavy duty emission inspection programs to promote regional consistency in such programs. S 2. This act shall take effect immediately.