§ 19-0323. Use of ultra low sulfur diesel fuel and best available

technology 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, farm
equipment, including self-propelled machines used exclusively in
growing, 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, forwarders, 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
emission of pollutants that achieves reductions in particulate matter
emissions 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,
themselves, 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, 2019.

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
appropriate 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 pollutants 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
subdivision four of this section, the department shall issue a waiver to
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, state or regional public authority, upon a request in a form
acceptable to the department for a waiver from the provisions of
subdivision 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 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, state or regional public
authority ceases to use the engine in the state but not later than
December thirty-first, two thousand twenty.

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
commissioner shall report to the governor and legislature on the use of
ultra low sulfur diesel fuel. On or before January 1, 2020 and every
year thereafter, the commissioner shall include in the report to the
governor and legislature the use of the best available retrofit
technology 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
authority; (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 technology, 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 particulate 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 quantity 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.