S T A T E O F N E W Y O R K
________________________________________________________________________
5588
2015-2016 Regular Sessions
I N A S S E M B L Y
February 27, 2015
___________
Introduced by M. of A. KAVANAGH -- Multi-Sponsored by -- M. of A.
ABINANTI -- read once and referred 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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03181-01-5
A. 5588 2
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, 2017;
(II) 14% OF ALL SUCH MOTOR VEHICLES BY JANUARY 1, 2018;
(III) 30% OF ALL SUCH MOTOR VEHICLES BY JANUARY 1, 2019;
(IV) 50% OF ALL SUCH MOTOR VEHICLES BY JANUARY 1, 2020;
(V) 70% OF ALL SUCH MOTOR VEHICLES BY JANUARY 1, 2021;
(VI) 90% OF ALL SUCH MOTOR VEHICLES BY JANUARY 1, 2022;
(VII) 100% OF ALL SUCH MOTOR VEHICLES BY JULY 1, 2023.
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
A. 5588 3
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 SEVENTEEN.
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 EIGHTEEN, 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;
A. 5588 4
(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 EIGHTEEN, 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.