Bill S922-2013

Requires cities with populations over 45,000 to incrementally reduce emissions in diesel powered motor vehicles owned by city agencies

Requires cities with populations over 45,000 to incrementally reduce emissions in diesel powered motor vehicles owned by city agencies; defines terms.

Details

Actions

  • Jan 8, 2014: REFERRED TO ENVIRONMENTAL CONSERVATION
  • Jan 9, 2013: REFERRED TO ENVIRONMENTAL CONSERVATION

Memo

BILL NUMBER:S922

TITLE OF BILL: 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

PURPOSE:

The bill will require cities with populations over 45,000 to incrementally reduce emissions in diesel powered motor vehicles (trucks, garbage and recycling trucks, buses, construction vehicles, etc.) owned by city agencies.

SUMMARY OF PROVISIONS:

Section one of the bill adds a new section to environmental conservation law relating to the use of ultra low sulfur diesel fuel and best available technology by diesel fuel-powered motor vehicles in cities with populations over forty-five thousand.

The section requires each diesel fuel-powered motor vehicle owned or operated by a city agency be powered by ultra low sulfur diesel fuel. The section establishes a schedule for cities to insure that all diesel fuel-powered vehicles (having a gross vehicle weight of more than 8,500 pounds) are either retrofitted with best available technology or equipped with an engine certified to EPA particulate matter standards.

The section directs the Commissioner of DEC to determine, and publish a list of, best available retrofit technologies to be used for each type of diesel truck, issue a written determination that permits the use of diesel fuel that has a sulfur content of no more than 30 parts per million to fulfill the requirements of the legislation, and provide waivers for localities for which the low sulfur fuel is not readily available.

It requires a report to the legislature regarding, among other things, the use of ultra low sulfur diesel fuel and the use of the best available retrofit technology by city-owned trucks, buses, etc. In the section there are listed occasions when the provisions will not apply. There is a severability clause.

Section two is the enacting clause.

EXISTING LAW:

This legislation adds a new section to Environmental Conservation Law.

JUSTIFICATION:

This legislation is intended to reduce the emission of pollutants in, and the noise levels of,heavy-duty on- and off-road diesel-powered trucks like garbage and recycling trucks, buses, and construction vehicles in New York state's urban areas.

Vehicle emissions pose serious health concerns for those who live and work in New York cities. These pollutants may result in respiratory problems, such as aggravated asthma and decreased lung function. In addition to particulate matter, nitrogen oxides and sulfur oxides, diesel exhaust contains a number of air toxins, including benzene, formaldehyde and dioxin. The negative health impacts stemming from these emissions are especially detrimental to children and the elderly, the former of whom actually breathe fifty percent more air per pound of body weight than adults.

What may be most alarming about diesel exhaust is the considerable evidence that it is a likely carcinogen. In the EPA's Health Assessment Document for Diesel Engine Exhaust, "diesel exhaust was classified as likely to be carcinogenic to humans by inhalation at environmental exposures..." In addition, human epidemiological studies demonstrate an association between exposure to the exhaust and increased lung cancer rates in occupational settings.

The connection between vehicle exhaust and asthma is also of great consequence to New York's cities, which suffer from some of the highest asthma rates in the country. Studies have concluded that "routine exposure to dirty air during childhood actually harms lung development, leading to a permanently reduced ability to breathe" and that "environmental pollutants... -- including combustion byproducts... -- may increase the rate of low birth weight babies and babies with smaller heads, both of which may be linked to lower IQ and poorer school performance."

We can have cleaner air and quieter, healthier neighborhoods and make genuine progress toward energy independence -- all by simply using a cleaner fuel and technology that has been commercialized and refined over the last 15 years.

LEGISLATIVE HISTORY:

2005-06: S.8015 Serrano Referred to Rules 2007-09 S.3136 Serrano Referred to Environmental Conservation 2010: Senate & Assembly Referred to Environmental Conservation 2011: Senate & Assembly Referred to Environmental Conservation 2012: S.2720A

FISCAL IMPLICATIONS:

To be determined.

LOCAL FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:

The act shall take effect 180 days after becoming a law, with provisions.


Text

STATE OF NEW YORK ________________________________________________________________________ 922 2013-2014 Regular Sessions IN SENATE (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: Section 1. The environmental conservation law is amended by adding a new section 19-0306-b to read as follows: S 19-0306-B. USE OF ULTRA LOW SULFUR DIESEL FUEL AND BEST AVAILABLE RETROFIT TECHNOLOGY BY DIESEL FUEL-POWERED MOTOR VEHI- CLES IN CITIES WITH POPULATIONS OVER FORTY-FIVE THOU- SAND. 1. DEFINITIONS. WHEN USED IN THIS SECTION: A. "BEST AVAILABLE RETROFIT TECHNOLOGY" MEANS TECHNOLOGY, VERIFIED BY THE EPA OR THE CALIFORNIA AIR RESOURCES BOARD, 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, AS SET FORTH IN SUBDIVISION FOUR OF THIS SECTION, 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. B. "CITY AGENCY" MEANS A CITY, COUNTY, BOROUGH, ADMINISTRATION, DEPARTMENT, DIVISION, BUREAU, BOARD OR COMMISSION, OR A CORPORATION, INSTITUTION OR AGENCY OF GOVERNMENT, THE EXPENSES OF WHICH ARE PAID IN WHOLE OR IN PART FROM THE CITY TREASURY.
C. "GROSS VEHICLE WEIGHT RATING" MEANS THE VALUE SPECIFIED BY THE MANUFACTURER OF A MOTOR VEHICLE MODEL AS THE MAXIMUM DESIGN LOADED WEIGHT OF A SINGLE VEHICLE OF THAT MODEL. D. "MOTOR VEHICLE" MEANS A VEHICLE OPERATED OR DRIVEN UPON A PUBLIC HIGHWAY WHICH IS PROPELLED BY ANY POWER OTHER THAN MUSCULAR POWER, EXCEPT ELECTRICALLY-DRIVEN MOBILITY ASSISTANCE DEVICES OPERATED OR DRIV- EN BY A PERSON WITH A DISABILITY, PROVIDED, HOWEVER, THAT THIS TERM SHALL NOT INCLUDE VEHICLES THAT ARE SPECIALLY EQUIPPED FOR EMERGENCY RESPONSE BY CITY FIRE, POLICE, SHERIFF OR RESCUE DEPARTMENTS. E. "PERSON" MEANS ANY NATURAL PERSON, CO-PARTNERSHIP, FIRM, COMPANY, ASSOCIATION, JOINT STOCK ASSOCIATION, CORPORATION OR OTHER LIKE ORGAN- IZATION. F. "REASONABLE COST" MEANS THAT SUCH TECHNOLOGY DOES NOT COST GREATER THAN THIRTY PERCENT MORE THAN OTHER TECHNOLOGY APPLICABLE TO THE PARTIC- ULAR ENGINE AND APPLICATION THAT FALLS WITHIN THE SAME CLASSIFICATION LEVEL FOR DIESEL EMISSION CONTROL STRATEGIES, AS SET FORTH IN SUBDIVI- SION FOUR OF THIS SECTION, WHEN CONSIDERING THE COST OF THE STRATEGIES, THEMSELVES, AND THE COST OF INSTALLATION. G. "ULTRA LOW SULFUR DIESEL FUEL" MEANS DIESEL FUEL THAT HAS A SULFUR CONTENT OF NO MORE THAN FIFTEEN PARTS PER MILLION. 2. A. EACH DIESEL FUEL-POWERED MOTOR VEHICLE OWNED OR OPERATED BY A CITY AGENCY SHALL BE POWERED BY ULTRA LOW SULFUR DIESEL FUEL. B. DIESEL FUEL-POWERED MOTOR VEHICLES HAVING A GROSS VEHICLE WEIGHT RATING OF MORE THAN EIGHTY-FIVE HUNDRED POUNDS THAT ARE OWNED OR OPER- ATED BY CITY AGENCIES SHALL UTILIZE THE BEST AVAILABLE RETROFIT TECHNOL- OGY OR BE EQUIPPED WITH AN ENGINE CERTIFIED TO THE APPLICABLE TWO THOU- SAND SEVEN EPA STANDARD FOR PARTICULATE MATTER AS SET FORTH IN SECTION 86.007-11 OF TITLE 40 OF THE CODE OF FEDERAL REGULATIONS OR TO ANY SUBSEQUENT EPA STANDARD FOR SUCH POLLUTANT THAT IS AT LEAST AS STRIN- GENT, PURSUANT TO THE FOLLOWING SCHEDULE: (I) 7% OF ALL SUCH MOTOR VEHICLES BY JANUARY 1, 2015; (II) 14% OF ALL SUCH MOTOR VEHICLES BY JANUARY 1, 2016; (III) 30% OF ALL SUCH MOTOR VEHICLES BY JANUARY 1, 2017; (IV) 50% OF ALL SUCH MOTOR VEHICLES BY JANUARY 1, 2018; (V) 70% OF ALL SUCH MOTOR VEHICLES BY JANUARY 1, 2019; (VI) 90% OF ALL SUCH MOTOR VEHICLES BY JANUARY 1, 2020; (VII) 100% OF ALL SUCH MOTOR VEHICLES BY JULY 1, 2021. 3. A. THE COMMISSIONER SHALL MAKE DETERMINATIONS, AND SHALL PUBLISH A LIST CONTAINING SUCH DETERMINATIONS, AS TO THE BEST AVAILABLE RETROFIT TECHNOLOGY TO BE USED FOR EACH TYPE OF DIESEL FUEL-POWERED MOTOR VEHICLE TO WHICH THIS SECTION APPLIES. EACH SUCH DETERMINATION SHALL BE REVIEWED AND REVISED, AS NEEDED, ON A REGULAR BASIS, BUT IN NO EVENT LESS OFTEN THAN ONCE EVERY SIX MONTHS. B. THE COMMISSIONER MAY DETERMINE THAT A TECHNOLOGY, WHETHER OR NOT IT HAS BEEN VERIFIED BY THE EPA OR THE CALIFORNIA AIR RESOURCES BOARD, MAY BE APPROPRIATE TO TEST, ON AN EXPERIMENTAL BASIS, ON A PARTICULAR TYPE OF DIESEL FUEL-POWERED MOTOR VEHICLE OWNED OR OPERATED BY A CITY AGENCY. THE COMMISSIONER MAY AUTHORIZE SUCH TECHNOLOGY TO BE INSTALLED ON UP TO FIVE PERCENT OR TWENTY-FIVE OF SUCH TYPE OF MOTOR VEHICLE, WHICHEVER IS LESS. ANY MOTOR VEHICLE ON WHICH SUCH TECHNOLOGY IS INSTALLED MAY BE COUNTED FOR THE PURPOSE OF MEETING THE REQUIREMENTS OF PARAGRAPH A OF SUBDIVISION TWO OF THIS SECTION. SUCH TECHNOLOGY SHALL NOT BE REQUIRED TO BE INSTALLED ON OTHER MOTOR VEHICLES OF THE SAME TYPE AND SHALL BE SUBJECT TO THE PROVISIONS OF PARAGRAPH C OF THIS SUBDIVISION. C. NO CITY AGENCY SHALL BE REQUIRED TO REPLACE BEST AVAILABLE RETROFIT TECHNOLOGY OR EXPERIMENTAL TECHNOLOGY UTILIZED FOR A DIESEL FUEL-POWERED
MOTOR VEHICLE IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION WITHIN THREE YEARS OF HAVING FIRST UTILIZED SUCH TECHNOLOGY FOR SUCH VEHICLE, EXCEPT THAT TECHNOLOGY THAT FALLS WITHIN LEVEL FOUR, AS SET FORTH IN SUBDIVISION FOUR OF THIS SECTION, SHALL NOT BE REQUIRED TO BE REPLACED UNTIL IT HAS REACHED THE END OF ITS USEFUL LIFE. 4. THE CLASSIFICATION LEVELS FOR DIESEL EMISSION CONTROL STRATEGIES ARE AS FOLLOWS, WITH LEVEL FOUR BEING THE HIGHEST CLASSIFICATION LEVEL: A. LEVEL FOUR - STRATEGY REDUCES DIESEL PARTICULATE MATTER EMISSIONS BY EIGHTY-FIVE PERCENT OR GREATER OR REDUCES ENGINE EMISSIONS TO LESS THAN OR EQUAL TO 0.01 GRAMS DIESEL PARTICULATE MATTER PER BRAKE HORSE- POWER-HOUR; B. LEVEL THREE - STRATEGY REDUCES DIESEL PARTICULATE MATTER EMISSIONS BY BETWEEN FIFTY AND EIGHTY-FOUR PERCENT; C. LEVEL TWO - STRATEGY REDUCES DIESEL PARTICULATE MATTER EMISSIONS BY BETWEEN TWENTY-FIVE AND FORTY-NINE PERCENT; D. LEVEL ONE - STRATEGY REDUCES DIESEL PARTICULATE MATTER EMISSIONS BY BETWEEN TWENTY AND TWENTY-FOUR PERCENT. 5. THE COMMISSIONER SHALL ISSUE A WRITTEN DETERMINATION THAT PERMITS THE USE OF DIESEL FUEL THAT HAS A SULFUR CONTENT OF NO MORE THAN THIRTY PARTS PER MILLION TO FULFILL THE REQUIREMENTS OF THIS SECTION IF ULTRA LOW SULFUR DIESEL FUEL IS NOT AVAILABLE TO MEET THE NEEDS OF CITY AGEN- CIES TO FULFILL THE REQUIREMENTS OF THIS SECTION. SUCH DETERMINATION SHALL EXPIRE AFTER SIX MONTHS AND SHALL BE RENEWED IN WRITING EVERY SIX MONTHS IF SUCH LACK OF AVAILABILITY PERSISTS, BUT IN NO EVENT SHALL BE IN EFFECT AFTER SEPTEMBER FIRST, TWO THOUSAND FIFTEEN. 6. THE COMMISSIONER MAY ISSUE A WAIVER FOR THE USE OF ULTRA LOW SULFUR DIESEL FUEL WHERE A CITY AGENCY MAKES A WRITTEN FINDING, WHICH IS APPROVED, IN WRITING, BY THE COMMISSIONER, THAT A SUFFICIENT QUANTITY OF ULTRA LOW SULFUR DIESEL FUEL, OR DIESEL FUEL THAT HAS A SULFUR CONTENT OF NO MORE THAN THIRTY PARTS PER MILLION WHERE A DETERMINATION IS IN EFFECT PURSUANT TO SUBDIVISION FIVE OF THIS SECTION, IS NOT AVAILABLE TO MEET THE REQUIREMENTS OF THIS SECTION, PROVIDED THAT SUCH AGENCY, TO THE EXTENT PRACTICABLE, SHALL USE WHATEVER QUANTITY OF ULTRA LOW SULFUR DIESEL FUEL OR DIESEL FUEL THAT HAS A SULFUR CONTENT OF NO MORE THAN THIRTY PARTS PER MILLION IS AVAILABLE FOR ITS DIESEL FUEL-POWERED MOTOR VEHICLES. ANY WAIVER ISSUED PURSUANT TO THIS SUBDIVISION SHALL EXPIRE AFTER TWO MONTHS, UNLESS THE CITY AGENCY RENEWS THE FINDING, IN WRITING, AND THE COMMISSIONER APPROVES SUCH RENEWAL, IN WRITING. 7. A. NOT LATER THAN JANUARY FIRST, TWO THOUSAND SIXTEEN, AND NOT LATER THAN JANUARY FIRST OF EACH YEAR THEREAFTER, THE COMMISSIONER SHALL SUBMIT A REPORT TO THE LEGISLATURE REGARDING, AMONG OTHER THINGS, THE USE OF ULTRA LOW SULFUR DIESEL FUEL AND THE USE OF THE BEST AVAILABLE RETROFIT TECHNOLOGY BY DIESEL FUEL-POWERED MOTOR VEHICLES OWNED OR OPER- ATED BY CITY AGENCIES DURING THE IMMEDIATELY PRECEDING CALENDAR YEAR. THE INFORMATION CONTAINED IN THE REPORT REQUIRED BY THIS SUBDIVISION SHALL INCLUDE, BUT NOT BE LIMITED TO, FOR EACH CITY AGENCY: (I) THE TOTAL NUMBER OF DIESEL FUEL-POWERED MOTOR VEHICLES OWNED OR OPERATED BY SUCH AGENCY; (II) THE NUMBER OF SUCH MOTOR VEHICLES THAT WERE POWERED BY ULTRA LOW SULFUR DIESEL FUEL; (III) THE TOTAL NUMBER OF DIESEL FUEL-POWERED MOTOR VEHICLES OWNED OR OPERATED BY SUCH AGENCY HAVING A GROSS VEHICLE WEIGHT RATING OF MORE THAN EIGHTY-FIVE HUNDRED POUNDS; (IV) THE NUMBER OF SUCH MOTOR VEHICLES THAT UTILIZED THE BEST AVAIL- ABLE RETROFIT TECHNOLOGY, INCLUDING A BREAKDOWN BY MOTOR VEHICLE MODEL, ENGINE YEAR AND THE TYPE OF TECHNOLOGY USED FOR EACH VEHICLE;
(V) THE NUMBER OF SUCH MOTOR VEHICLES THAT ARE EQUIPPED WITH AN ENGINE CERTIFIED TO THE APPLICABLE TWO THOUSAND SEVEN EPA 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 EPA STANDARD FOR PARTICULATE MATTER THAT IS AT LEAST AS STRINGENT; (VI) THE NUMBER OF SUCH MOTOR VEHICLES THAT UTILIZED TECHNOLOGY IN ACCORDANCE WITH PARAGRAPH B OF SUBDIVISION THREE OF THIS SECTION AND THE RESULTS AND ANALYSES REGARDING THE TESTING OF SUCH TECHNOLOGY; AND (VII) ALL WAIVERS, FINDINGS, AND RENEWALS OF SUCH FINDINGS, ISSUED PURSUANT TO SUBDIVISION SIX OF THIS SECTION, WHICH, FOR EACH WAIVER, SHALL INCLUDE, BUT NOT BE LIMITED TO, THE QUANTITY OF DIESEL FUEL NEEDED TO POWER DIESEL FUEL-POWERED MOTOR VEHICLES OWNED OR OPERATED BY SUCH AGENCY; SPECIFIC INFORMATION CONCERNING THE AVAILABILITY OF ULTRA LOW SULFUR DIESEL FUEL OR DIESEL FUEL THAT HAS A SULFUR CONTENT OF NO MORE THAN THIRTY PARTS PER MILLION WHERE A DETERMINATION IS IN EFFECT PURSU- ANT TO SUBDIVISION FIVE OF THIS SECTION; AND DETAILED INFORMATION CONCERNING THE AGENCY'S EFFORTS TO OBTAIN ULTRA LOW SULFUR DIESEL FUEL OR DIESEL FUEL THAT HAS A SULFUR CONTENT OF NO MORE THAN THIRTY PARTS PER MILLION WHERE A DETERMINATION IS IN EFFECT PURSUANT TO SUBDIVISION FIVE OF THIS SECTION. B. WHERE A DETERMINATION IS IN EFFECT PURSUANT TO SUBDIVISION FIVE OF THIS SECTION, INFORMATION REGARDING DIESEL FUEL THAT HAS A SULFUR CONTENT OF NO MORE THAN THIRTY PARTS PER MILLION SHALL BE REPORTED WHER- EVER INFORMATION IS REQUESTED FOR ULTRA LOW SULFUR DIESEL FUEL PURSUANT TO PARAGRAPH A OF THIS SUBDIVISION. C. THE REPORT DUE JANUARY FIRST, TWO THOUSAND SIXTEEN, IN ACCORDANCE WITH PARAGRAPH A OF THIS SUBDIVISION SHALL ONLY INCLUDE THE INFORMATION REQUIRED PURSUANT TO SUBPARAGRAPHS (I), (II) AND (VII) OF SUCH PARA- GRAPH. 8. THIS SECTION SHALL NOT APPLY: A. WHERE FEDERAL OR STATE FUNDING PRECLUDES A CITY FROM IMPOSING THE REQUIREMENTS OF THIS SECTION; OR B. TO PURCHASES THAT ARE EMERGENCY PROCUREMENTS PURSUANT TO LOCAL LAW. 9. IF ANY SUBDIVISION, PARAGRAPH, CLAUSE, PHRASE OR OTHER PORTION OF THIS SECTION IS, FOR ANY REASON, DECLARED UNCONSTITUTIONAL OR INVALID, IN WHOLE OR IN PART, BY ANY COURT OF COMPETENT JURISDICTION SUCH PORTION SHALL BE DEEMED SEVERABLE, AND SUCH UNCONSTITUTIONALITY OR INVALIDITY SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THIS SECTION, WHICH REMAINING PORTIONS SHALL CONTINUE IN FULL FORCE AND EFFECT. S 2. This act shall take effect on the one hundred eightieth day after it shall have become a law. Effective immediately the commissioner of environmental conservation is authorized to add, amend, and/or repeal any rule or regulation necessary for the implementation of this act on its effective date.

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