Bill Text: NY S03211 | 2017-2018 | General Assembly | Introduced


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

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2018-01-03 - REFERRED TO ENVIRONMENTAL CONSERVATION [S03211 Detail]

Download: New_York-2017-S03211-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          3211
                               2017-2018 Regular Sessions
                    IN SENATE
                                    January 20, 2017
                                       ___________
        Introduced  by Sens. SERRANO, HOYLMAN, KRUEGER -- read twice and ordered
          printed, and when printed to be committed to the Committee on Environ-
          mental 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:
     1    Section  1.  The environmental conservation law is amended by adding a
     2  new section 19-0306-b to read as follows:
     3  § 19-0306-b. Use of ultra low sulfur  diesel  fuel  and  best  available
     4                   retrofit  technology by diesel fuel-powered motor vehi-
     5                   cles in cities with populations over  forty-five  thou-
     6                   sand.
     7    1. Definitions.  When used in this section:
     8    a.  "Best available retrofit technology" means technology, verified by
     9  the EPA  or the California air resources board, for reducing  the  emis-
    10  sion  of pollutants that achieves reductions in particulate matter emis-
    11  sions at the highest classification level for  diesel  emission  control
    12  strategies,  as  set  forth in subdivision four of this section, that is
    13  applicable to the particular engine and application.    Such  technology
    14  shall  also,  at  a  reasonable  cost, achieve the greatest reduction in
    15  emissions of nitrogen oxides at such particulate matter reduction  level
    16  and  shall  in  no  event  result  in a net increase in the emissions of
    17  either particulate matter or nitrogen oxides.
    18    b. "City  agency"  means  a  city,  county,  borough,  administration,
    19  department,  division,  bureau,  board  or commission, or a corporation,
    20  institution or agency of government, the expenses of which are  paid  in
    21  whole or in part from the city treasury.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01560-01-7

        S. 3211                             2
     1    c.  "Gross  vehicle  weight  rating"  means the value specified by the
     2  manufacturer of a motor vehicle  model  as  the  maximum  design  loaded
     3  weight of a single vehicle of that model.
     4    d.  "Motor  vehicle"  means a vehicle operated or driven upon a public
     5  highway which is propelled by  any  power  other  than  muscular  power,
     6  except electrically-driven mobility assistance devices operated or driv-
     7  en  by  a  person  with  a disability, provided, however, that this term
     8  shall not include vehicles that are  specially  equipped  for  emergency
     9  response by city fire, police, sheriff or rescue departments.
    10    e.  "Person"  means any natural person, co-partnership, firm, company,
    11  association, joint stock association, corporation or other  like  organ-
    12  ization.
    13    f.  "Reasonable cost" means that such technology does not cost greater
    14  than thirty percent more than other technology applicable to the partic-
    15  ular engine and application that falls within  the  same  classification
    16  level  for  diesel emission control strategies, as set forth in subdivi-
    17  sion four of this section, when considering the cost of the  strategies,
    18  themselves, and the cost of installation.
    19    g.  "Ultra low sulfur diesel fuel" means diesel fuel that has a sulfur
    20  content of no more than fifteen parts per million.
    21    2. a. Each diesel fuel-powered motor vehicle owned or  operated  by  a
    22  city agency shall be powered by ultra low sulfur diesel fuel.
    23    b.  Diesel  fuel-powered  motor vehicles having a gross vehicle weight
    24  rating of more than eighty-five hundred pounds that are owned  or  oper-
    25  ated by city agencies shall utilize the best available retrofit technol-
    26  ogy  or be equipped with an engine certified to the applicable two thou-
    27  sand seven EPA standard for particulate matter as set forth  in  section
    28  86.007-11  of  title  40  of  the  code of federal regulations or to any
    29  subsequent EPA standard for such pollutant that is at  least  as  strin-
    30  gent, pursuant to the following schedule:
    31    (i) 7% of all such motor vehicles          by January 1, 2019;
    32    (ii) 14% of all such motor vehicles        by January 1, 2020;
    33    (iii) 30% of all such motor vehicles       by January 1, 2021;
    34    (iv) 50% of all such motor vehicles        by January 1, 2022;
    35    (v) 70% of all such motor vehicles         by January 1, 2023;
    36    (vi) 90% of all such motor vehicles        by January 1, 2024;
    37    (vii) 100% of all such motor vehicles      by July 1, 2025.
    38    3.  a. The commissioner shall make determinations, and shall publish a
    39  list containing such determinations, as to the best  available  retrofit
    40  technology to be used for each type of diesel fuel-powered motor vehicle
    41  to which this section applies. Each such determination shall be reviewed
    42  and  revised,  as needed, on a regular basis, but in no event less often
    43  than once every six months.
    44    b. The commissioner may determine that a technology, whether or not it
    45  has been verified by the EPA or the California air resources board,  may
    46  be  appropriate  to test, on an experimental basis, on a particular type
    47  of diesel fuel-powered motor vehicle owned or operated by a city agency.
    48  The commissioner may authorize such technology to be installed on up  to
    49  five  percent or twenty-five of such type of motor vehicle, whichever is
    50  less. Any motor vehicle on which such technology  is  installed  may  be
    51  counted  for  the  purpose of meeting the requirements of paragraph a of
    52  subdivision two of this section. Such technology shall not  be  required
    53  to  be  installed  on other motor vehicles of the same type and shall be
    54  subject to the provisions of paragraph c of this subdivision.
    55    c. No city agency shall be required to replace best available retrofit
    56  technology or experimental technology utilized for a diesel fuel-powered

        S. 3211                             3
     1  motor vehicle in accordance with the provisions of this  section  within
     2  three  years  of having first utilized such technology for such vehicle,
     3  except that technology that falls within level four,  as  set  forth  in
     4  subdivision  four  of this section, shall not be required to be replaced
     5  until it has reached the end of its useful life.
     6    4. The classification levels for diesel  emission  control  strategies
     7  are as follows, with level four being the highest classification level:
     8    a.  Level  four - strategy reduces diesel particulate matter emissions
     9  by eighty-five percent or greater or reduces engine  emissions  to  less
    10  than  or  equal to 0.01 grams diesel particulate matter per brake horse-
    11  power-hour;
    12    b. Level three - strategy reduces diesel particulate matter  emissions
    13  by between fifty and eighty-four percent;
    14    c. Level two - strategy reduces diesel particulate matter emissions by
    15  between twenty-five and forty-nine percent;
    16    d. Level one - strategy reduces diesel particulate matter emissions by
    17  between twenty and twenty-four percent.
    18    5.  The  commissioner shall issue a written determination that permits
    19  the use of diesel fuel that has a sulfur content of no more than  thirty
    20  parts  per  million to fulfill the requirements of this section if ultra
    21  low sulfur diesel fuel is not available to meet the needs of city  agen-
    22  cies  to  fulfill  the  requirements of this section. Such determination
    23  shall expire after six months and shall be renewed in writing every  six
    24  months  if  such lack of availability persists, but in no event shall be
    25  in effect after September first, two thousand nineteen.
    26    6. The commissioner may issue a waiver for the use of ultra low sulfur
    27  diesel fuel where a city  agency  makes  a  written  finding,  which  is
    28  approved, in writing, by the commissioner, that a sufficient quantity of
    29  ultra  low  sulfur diesel fuel, or diesel fuel that has a sulfur content
    30  of no more than thirty parts per million where  a  determination  is  in
    31  effect pursuant to subdivision five of this section, is not available to
    32  meet the requirements of this section, provided that such agency, to the
    33  extent  practicable,  shall  use  whatever  quantity of ultra low sulfur
    34  diesel fuel or diesel fuel that has a sulfur content  of  no  more  than
    35  thirty  parts per million is available for its diesel fuel-powered motor
    36  vehicles. Any waiver issued pursuant to this  subdivision  shall  expire
    37  after two months, unless the city agency renews the finding, in writing,
    38  and the commissioner approves such renewal, in writing.
    39    7. a. Not later than January first, two thousand twenty, and not later
    40  than  January  first  of  each  year  thereafter, the commissioner shall
    41  submit a report to the legislature regarding, among  other  things,  the
    42  use  of  ultra  low sulfur diesel fuel and the use of the best available
    43  retrofit technology by diesel fuel-powered motor vehicles owned or oper-
    44  ated by city agencies during the immediately  preceding  calendar  year.
    45  The  information  contained  in  the report required by this subdivision
    46  shall include, but not be limited to, for each city agency:
    47    (i) the total number of diesel fuel-powered motor  vehicles  owned  or
    48  operated by such agency;
    49    (ii)  the number of such motor vehicles that were powered by ultra low
    50  sulfur diesel fuel;
    51    (iii) the total number of diesel fuel-powered motor vehicles owned  or
    52  operated  by  such  agency  having a gross vehicle weight rating of more
    53  than eighty-five hundred pounds;
    54    (iv) the number of such motor vehicles that utilized the  best  avail-
    55  able  retrofit technology, including a breakdown by motor vehicle model,
    56  engine year and the type of technology used for each vehicle;

        S. 3211                             4
     1    (v) the number of such motor vehicles that are equipped with an engine
     2  certified to the applicable two thousand seven EPA standard for particu-
     3  late matter as set forth in section 86.007-11 of title 40 of the code of
     4  federal regulations or to any subsequent EPA  standard  for  particulate
     5  matter that is at least as stringent;
     6    (vi)  the  number  of  such motor vehicles that utilized technology in
     7  accordance with paragraph b of subdivision three of this section and the
     8  results and analyses regarding the testing of such technology; and
     9    (vii) all waivers, findings, and renewals  of  such  findings,  issued
    10  pursuant  to  subdivision  six  of this section, which, for each waiver,
    11  shall include, but not be limited to, the quantity of diesel fuel needed
    12  to power diesel fuel-powered motor vehicles owned or  operated  by  such
    13  agency;  specific  information  concerning the availability of ultra low
    14  sulfur diesel fuel or diesel fuel that has a sulfur content of  no  more
    15  than  thirty parts per million where a determination is in effect pursu-
    16  ant to subdivision  five  of  this  section;  and  detailed  information
    17  concerning  the  agency's efforts to obtain ultra low sulfur diesel fuel
    18  or diesel fuel that has a sulfur content of no more  than  thirty  parts
    19  per  million  where a determination is in effect pursuant to subdivision
    20  five of this section.
    21    b. Where a determination is in effect pursuant to subdivision five  of
    22  this  section,  information  regarding  diesel  fuel  that  has a sulfur
    23  content of no more than thirty parts per million shall be reported wher-
    24  ever information is requested for ultra low sulfur diesel fuel  pursuant
    25  to paragraph a of this subdivision.
    26    c.  The  report  due January first, two thousand twenty, in accordance
    27  with paragraph a of this subdivision shall only include the  information
    28  required  pursuant  to  subparagraphs  (i), (ii) and (vii) of such para-
    29  graph.
    30    8. This section shall not apply:
    31    a. where federal or state funding precludes a city from  imposing  the
    32  requirements of this section; or
    33    b. to purchases that are emergency procurements pursuant to local law.
    34    9.  If  any subdivision, paragraph, clause, phrase or other portion of
    35  this section is, for any reason, declared unconstitutional  or  invalid,
    36  in whole or in part, by any court of competent jurisdiction such portion
    37  shall  be  deemed  severable, and such unconstitutionality or invalidity
    38  shall not affect the validity of the remaining portions of this section,
    39  which remaining portions shall continue in full force and effect.
    40    § 2. This act shall take effect on the one hundred eightieth day after
    41  it shall have become a law. Effective immediately  the  commissioner  of
    42  environmental  conservation  is  authorized to add, amend, and/or repeal
    43  any rule or regulation necessary for the implementation of this  act  on
    44  its effective date.
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