Relates to the use of ultra low sulfur diesel fuel and the best available technology by the state.
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
To exempt private sector vehicles from requirements to equip heavy-duty diesel vehicles with the best available retrofit technology for reducing the emission of pollutants, and to extend the date of compliance to the Diesel Emissions Reduction Act of 2006 (DERA), as well as the waiver for noncompliance.
SUMMARY OF PROVISIONS:
Section 1 amends section 19-0323 of the environmental conservation law to exempt private sector heavy-duty diesel vehicles from emissions-reducing retrofitting technology; extends the date of compliance for vehicles owned by, operated by or leased by the state to December 31, 2017; extends the expiration date of waivers issued by the department of environmental conservation (DEC) to December 31, 2020; and extends the date of first reporting by the commissioner on the use of best available retrofitting technology to January 1, 2018. Section 2 provides the effective date.
DERA applies to all applicable heavy-duty diesel vehicles owned by state agencies or public authorities, as well as to private contractors who do work on public job sites pursuant to contracts with the state. 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 emission of sulfur dioxide, nitrogen oxide and other pollutants by December 31, 2015.
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, ranging from $15,000 to $60,000 per truck, according to the NY Materials Association. These hefty costs will present many challenges for businesses in the state that are already struggling with the 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.
The department of transportation (DOT) still has 734 noncompliant vehicles, while the metropolitan transportation authority (MTA) has 177, according to the DOT and MTA, respectively, so more time is needed to fully comply with DERA retrofitting requirements.
One-year extensions have been provided in previously enacted budgets, including S.6357D, Part DD (2014); S.2608D, Part U (2013); S.6258D, Part EE (2012); and S.2810C, Part BB (2011).
The bill would likely result in significant savings to the state.
STATE OF NEW YORK ________________________________________________________________________ 4168 2015-2016 Regular Sessions IN SENATE March 5, 2015 ___________Introduced by Sen. SEWARD -- 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 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, subdivisions 3 and 5 as amended by section 1 and subdivision 7 as amended by section 2 of part DD of chapter 57 of the laws of 2014, and subdivisions 6 and 8 as renum- bered 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]PERCENT 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, farm 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 offEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08110-03-5 S. 4168 2
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, 2017. 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 [sixteen]TWENTY. Any waiver issued pursuant to this 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 [sixteen]TWENTY.S. 4168 3
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. On or before January 1,
2018 and every year thereafter, the commissioner shall include in the report to the governor and legislature the use of the best available retrofit technol- ogy 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.