NY Env Conserv L § 19-0323 (2021)
2021 New York Laws ENV - Environmental Conservation Article 19 - Air Pollution Control Title 3 - Powers and Duties 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 availabletechnology 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.