N.Y. Environmental Conservation Law § 19-0323: Use of ultra low sulfur diesel fuel and best available technology by the state

§ 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.