Section 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
  procedures for compliance according to the following schedule:
    a. Not less than 33% of the vehicles covered by this subdivision shall
  have best available retrofit technology on or before December 31, 2008.
    b. Not less than 66% of the vehicles covered by this subdivision shall
  have best available retrofit technology on or before December 31, 2009.
    c. All vehicles covered by this subdivision shall have best  available
  retrofit technology on or before December 31, 2010.

    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. This section shall not apply where federal law or funding precludes
  the state from imposing the requirements of this section.
    6.  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 and 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.
    7.  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.