Relates to the use of ultra low sulfur diesel fuel and the best available technology by the state

Title of bill

An act to amend the environmental conservation law, in relation to the use of ultra low sulfur diesel fuel and best available technology by the state

Purpose

This bill would exempt vehicles that are within three years of the end of their useful life from being forced to install Diesel Emissions Reduction Act retrofit technology

Summary of provisions

Part 1 subdivision e - New definition of the term "Useful Life" Part 3 subdivision b and c - exempts vehicles within 3 years of the end of their useful life

Justification

No one can dispute the correlation between public transportation and environmental benefits such as improved air quality. Transit systems throughout the State together provide over 2 billion rides to New Yorkers and cut fuel consumption in the New York region by 1.33 billion gallons on an annual basis. Public transportation use currently reduces carbon emission by more than 37 million metric tons every year in the United States by reducing travel and congestion on roadways and supporting more efficient land use patterns.

However, the emission control regulations included in DERA would impose significant financial burdens on transit systems at a time when systems across the state are under tremendous financial distress due to increased ridership, fluctuating fuel costs and reduced state aid in this year's adopted budget.

According to the New York State Department of Transportation, most Best Available Retrofit Technology (BART) technologies employ diesel particulate filters (DPFs), which the California Air Resources Board estimates to have an average capital cost of $8,500 per device. Additionally, maintenance costs associated with filter servicing and cleaning are estimated at $400-500/vehicle annually. Over half of all non-MT A buses have either surpassed their useful life or will do so in the next several years. The costs of retrofitting vehicles that will soon no longer be in operation far outweigh the benefits and will be a significant burden on transit systems.

Fiscal implications

This represents a cost savings to non-MTA transit properties of nearly $10 million and should save the MTA nearly $18 million. This bill will also save the state between $50-$80 million over the next three years.

Effective date

Immediately.