2023 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 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.