§ 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\n technology by the state.\n 1. As used in this section, the terms:\n a. "Ultra low sulfur diesel fuel" means diesel fuel having sulfur\ncontent of 0.0015 per cent of sulfur or less.\n b. "Heavy duty vehicle" or "vehicle" means any on and off-road vehicle\npowered by diesel fuel and having a gross vehicle weight of greater than\n8,500 pounds, except that those vehicles defined in section 101 of the\nvehicle and traffic law, paragraph 2 of schedule E and paragraph (a) of\nschedule F of subdivision 7 of section 401 of such law, and vehicles\nspecified in subdivision 13 of section 401 of such law, and farm type\ntractors and all terrain type vehicles used exclusively for agricultural\nor mowing purposes, or for snow plowing, other than for hire, farm\nequipment, including self-propelled machines used exclusively in\ngrowing, harvesting or handling farm produce, and self-propelled\ncaterpillar or crawler-type equipment while being operated on the\ncontract site, and timber harvesting equipment such as harvesters, wood\nchippers, forwarders, log skidders, and other processing equipment used\nexclusively off highway for timber harvesting and logging purposes,\nshall not be deemed heavy duty vehicles for purposes of this section.\nThis term shall not include vehicles that are specially equipped for\nemergency response by the department, office of emergency management,\nsheriff's office of the department of finance, police department or fire\ndepartment.\n c. "Best available retrofit technology" means technology, verified by\nthe United States environmental protection agency for reducing the\nemission of pollutants that achieves reductions in particulate matter\nemissions at the highest classification level for diesel emission\ncontrol strategies that is applicable to the particular engine and\napplication. Such technology shall also, at a reasonable cost, achieve\nthe greatest reduction in emissions of nitrogen oxides at such\nparticulate matter reduction level and shall in no event result in a net\nincrease in the emissions of either particulate matter or nitrogen\noxides.\n d. "Reasonable cost" means that such technology does not cost greater\nthan 30 percent more than other technology applicable to the particular\nengine and application that falls within the same classification level\nfor diesel emission control strategies, as set forth in paragraph c of\nthis subdivision, when considering the cost of the strategies,\nthemselves, and the cost of installation.\n 2. Any diesel powered heavy duty vehicle that is owned by, operated by\nor on behalf of, or leased by a state agency and state and regional\npublic authority shall be powered by ultra low sulfur diesel fuel.\n 3. Any diesel powered heavy duty vehicle that is owned by, operated by\nor on behalf of, or leased by a state agency and state and regional\npublic authority with more than half of its governing body appointed by\nthe governor shall utilize the best available retrofit technology for\nreducing the emission of pollutants. The commissioner shall promulgate\nregulations for the implementation of this subdivision specifying that\nall vehicles covered by this subdivision shall have best available\nretrofit technology on or before December 31, 2019.\n This subdivision shall not apply to any vehicle subject to a lease or\npublic works contract entered into or renewed prior to the effective\ndate of this section.\n 4. In addition to other provisions for regulations in this section,\nthe commissioner shall promulgate regulations as necessary and\nappropriate to carry out the provisions of this act including but not\nlimited to provision for waivers upon written finding by the\ncommissioner that (a) best available retrofit technology for reducing\nthe emissions of pollutants as required by subdivision 3 of this section\nis not available for a particular vehicle or class of vehicles and (b)\nthat ultra low sulfur diesel fuel is not available.\n 5. In addition to any waiver which may be issued pursuant to\nsubdivision four of this section, the department shall issue a waiver to\na state agency, a state or regional public authority, or a person\noperating any diesel-powered heavy duty vehicle on behalf of a state\nagency, state or regional public authority, upon a request in a form\nacceptable to the department for a waiver from the provisions of\nsubdivision three of this section for a vehicle engine provided that\nsuch vehicle engine will cease to be used in the state on or before\nDecember thirty-first, two thousand twenty. Any waiver issued pursuant\nto this subdivision shall expire when a state agency, a state or\nregional public authority, or a person operating any diesel-powered\nheavy duty vehicle on behalf of a state agency, state or regional public\nauthority ceases to use the engine in the state but not later than\nDecember thirty-first, two thousand twenty.\n 6. This section shall not apply where federal law or funding precludes\nthe state from imposing the requirements of this section.\n 7. On or before January 1, 2008 and every year thereafter, the\ncommissioner shall report to the governor and legislature on the use of\nultra low sulfur diesel fuel. On or before January 1, 2020 and every\nyear thereafter, the commissioner shall include in the report to the\ngovernor and legislature the use of the best available retrofit\ntechnology as required under this section. The information contained in\nthis report shall include, but not be limited to, for each state agency\nand public authority covered by this section: (a) the total number of\ndiesel fuel-powered motor vehicles owned or operated by such agency and\nauthority; (b) the number of such motor vehicles that were powered by\nultra low sulfur diesel fuel; (c) the total number of diesel\nfuel-powered motor vehicles owned or operated by such agency and\nauthority having a gross vehicle weight rating of more than 8,500\npounds; (d) the number of such motor vehicles that utilized the best\navailable retrofit technology, including a breakdown by motor vehicle\nmodel, engine year and the type of technology used for each vehicle; (e)\nthe number of such motor vehicles that are equipped with an engine\ncertified to the applicable 2007 United States environmental protection\nagency standard for particulate matter as set forth in section 86.007-11\nof title 40 of the code of federal regulations or to any subsequent\nUnited States environmental protection agency standard for particulate\nmatter that is at least as stringent; and (f) all waivers, findings, and\nrenewals of such findings, which, for each waiver, shall include, but\nnot be limited to, the quantity of diesel fuel needed to power diesel\nfuel-powered motor vehicles owned or operated by such agency and\nauthority; specific information concerning the availability of ultra low\nsulfur diesel fuel.\n 8. The department shall, to the extent practicable, coordinate with\nregions which have proposed or adopted heavy duty emission inspection\nprograms to promote regional consistency in such programs.\n