Relates to the purchase of cleaner vehicles for use by state agencies

Summary of specific provisions

Bill §1 adds a new Executive law §201-b, which includes the following provisions.

Definitions of terms used in The section, including "Alternative fuel," "Alternative fuel motor vehicle," "State agency," and various fuel formulations such as "B20" bio-diesel and "E85" ethanol fuel.

Beginning 1/1/11, all new light-duty vehicles purchased by state agencies (except designated specialty, police and emergency vehicles; shall be alternative fuel motor vehicles.

Beginning 1/1/11. 95% of all new medium-duty vehicles purchased by the state agencies (except designated specialty, police or emergency vehicles) shall be in the highest rated of the following vehicle models certified to California LEV II standards: zero emission vehicle (ZEV) advanced technology partial zero emission vehicle (ATFZEV), partial zero emission vehicle (PZEF), super ultra low emission vehicle (SULEV), ultra low emission vehicle (ULEV), or low emission vehicle (LEV). Agencies are not required to purchase a Zev or ATFZEV if the cost exceeds the cost of the next highest rated vehicle by more than 50%.

Other vehicle purchases, including heavy-duty vehicles and non-road vehicles, shall represent the most fuel efficient model in the vehicle class unless the agency head certifies that such model does not meet agency needs.

All vehicles shall be maintained and operated to maximize fuel efficiency and, minimize air pollution, and agencies shall follow regulations and policies of the Office of General Services (OGS) that establish fleet management practices to reduce vehicle miles traveled and maintenance, fueling and driving policies to maximize fuel economy. All vehicles capable of operating on E85 ethanol fuel and all flexible-fueled vehicles in the State fleet that can utilize ethanol fuels shall do so whenever feasible. Agencies shall make scheduled increases in their overall use of bio-diesel, culminating in usage after 2012 of 10% or a higher percentage set forth in OGS

regulations. Up to 50% of light duty AFMV purchases can be offset by the substitution of stated equivalents of bio-diesel use. Agencies may waive biodiesel use if necessary for the safe operation or warranted performance of specific vehicles, but such waivers cannot extend more than 60 days unless NYSERDA (in consultation with the Department of Environmental Conservation occurs.

OGS is directed to report annually on the implementation of §201-b and its impact on fuel consumption, carbon dioxide emissions, and vehicle miles traveled.

Section two directs OGS to issue a baseline report on the current status of vehicles owned by state agencies and related information on fuel and vehicle use and emissions.

Effects of present law which this bill would alter

This bill would codify the ongoing requirements of two Executive Orders (9 NYCRR §§5.111 & 5.142) relating to state agency vehicle purchase and fuel usage. These orders would be made more effective by extending coverage to additional agencies and vehicle classes, adding provisions to reduce vehicle miles traveled and fuel consumption, and improving reporting and accountability.

Justification

Ever-increasing oil prices, climate-disrupting emissions and geopolitical considerations all make continued reliance on gasoline as a fuel source imprudent. New York State has made strides in diversifying the vehicle fleets maintained by many of its agencies through compliance with the federal Energy Policy Act of 1992 (EPAct) and executive orders. Other jurisdictions have enacted additional policies that could improve the State's efforts at lowering fleet emissions and fuel consumption. For example, this bill adapts provisions of New York City Local Law #38 of 2005 to require state agencies to make cost-effective purchases of zero-emission or low-emission medium duty vehicles. It also would mandate that agency vehicles be maintained and operated to maximize fuel efficiency and minimize pollution. All of these policy changes would further the goal of freeing state agencies from dependence on high-cost imported oil and climate damaging technologies.

Prior legislative history

2007-2008 - A.11589

Fiscal implications

Some of the bill's provisions are already state policy - others provide sufficient flexibility (e.g., through waivers, substitution of fueling practices and cost ceilings) to ensure that purchases of cleaner vehicles remain cost-effective. Improved fleet management practices and vehicle maintenance, fueling and driving policies are expected to produce significant savings.

Effective date

January 1, 2010