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Please note: This summary is provided to help you understand the regulations. Consult the references provided for links to the full text of the regulations.

Alternative Fuels -- State Regulations for New York

This page contains selected data from the Alternative Fuels Data Center (AFDC) at the U. S. Department of Energy. Additional details and the latest updates may be found at the AFDC summary page for New York.

Vehicle Acquisition

All vehicles (emissions standards mandate)

Any new light-duty passenger car, light-duty truck, or medium-duty passenger vehicle sold, leased, imported, delivered, purchased, or acquired in New York State must be certified to the California emissions standards set forth in Title 13 of the California Code of Regulations. Original Equipment Manufacturers (OEMs) must meet a fleet average greenhouse gas emissions standard, as defined in the California Code of Regulations, which will become more stringent for each model year through 2016.In addition, each OEM's sales fleet of passenger cars and light-duty trucks produced and delivered for sale in the state must meet at least the same percentage requirements for Zero Emission Vehicles (ZEVs) set forth in Title 13 of the California Code of Regulations, Section 1962. An alternative compliance program expands the options available to OEMs to meet the mandate. Under this program, OEMs must make the following commitments:7% of vehicles must meet Partial Zero Emission Vehicle (PZEV) standards, 2% must meet Advanced Technology Partial Zero Emission Vehicle (ATPZEV) standards, and 1% must meet ZEV standards, which includes battery electric or fuel cell vehicles;Any ZEV or PZEV models available in California must also be made available in New York State.(Reference New York State Department of Environmental Conservation Regulations Chapter III, Part 218)

State agency vehicles

All new light-duty vehicles that state agencies and other affected entities procure must be AFVs, with the exception of designated specialty, police, or emergency vehicles. Hybrid electric vehicles qualify under these requirements. State agencies and other affected entities that operate medium- and heavy-duty vehicles must implement strategies to reduce petroleum consumption and emissions by using alternative fuels and improving vehicle fleet fuel efficiency. State agencies and other affected entities may substitute the use of 450 gallons of 100% biodiesl (B100) for the acquisition of one AFV. Alternatively, using 2,250 gallons of biodiesel blends of 20% (B20) or 9,000 gallons of biodiesel blends of 5% (B5) may also be substituted in place of purchasing one AFV. No more than 50% of a given state agency fleet's AFV purchase requirement may be met by substituting B100, B20, or B5. (Reference Executive Orders (PDF) 111, 2001, and 42, 2005, and Executive Order 9,2008)

Fuel Use

Exclusivity Prohibition

Motor fuel franchise dealers may obtain alternative fuels from a supplier other than a franchise distributor. Any franchise provision that prohibits or discourages a dealer from purchasing or selling E85, biodiesel blends of at least 2% (B2), hydrogen, or compressed natural gas from a firm or individual other than the distributor is null and void as it pertains to that particular alternative fuel if the distributor does not supply or offer to supply the dealer with the alternative fuel. Distributors who violate the law by entering into exclusivity contracts will be subject to a $1000 fine. If the distributor does offer renewable fuels, they may require the station to use their brands. (Reference New York General Business Law 199-j)


Funding (biofuel blending and fueling infrastructure)

The New York State Energy Research and Development Authority (NYSERDA) administers the Biofuel Station Initiative Program, which provides funding to retail fueling stations offering E85 and biodiesel blends in the state, and to petroleum terminal operators to store, blend, and dispense biofuels. NYSERDA provides a reimbursement of up to 50% of new biofuel dispensing installation costs, including equipment, storage tanks, and associated piping equipment, up to $50,000 per site. NYSERDA also provides a cost reimbursement of up to 50% for new biofuel storage, handling, blending, and rack dispensing equipment, including installation costs, up to $150,000 per site. NYSERDA accepts applications from public access retail fueling station owners and operators in the state. Funding is limited and does not cover facility permitting or engineering costs. A 50% cost-shared technical assistance is also available for the following: technical review of design and construction specifications for the biofuel equipment; analysis of existing and proposed equipment; preparation and submission of requests for biofuel specific permits and waivers to local and state code officials; and facility staff training. For more information, see the NYSERDA Transportation Programs website.

Funding (vehicles, NYC)

The New York State Energy Research and Development Authority (NYSERDA) administers the New York City Private Fleet Alternative Fuel/Electric Vehicle Program (Program) in cooperation with New York City Department of Transportation. This program helps private companies and non-profit organizations operating vehicles in New York City acquire alternative fuel and advanced vehicles. NYSERDA awards Program funds on a competitive basis for up to 50% of the incremental cost of purchasing new light-duty natural gas vehicles (NGVs) or electric vehicles (EVs) and up to 80% of the incremental cost for purchasing new or converting medium- and heavy-duty NGVs (dedicated and bi-fuel), EVs, or hybrid electric vehicles. In addition, up to 50% of the costs for alternative fueling or EV charging station equipment and installation may be eligible. For more information, see the NYSERDA Transportation Projects website.

Technical Assistance (biofuel fueling facilities)

The New York State Energy Research and Development Authority's (NYSERDA) Flexible Technical (FlexTech) Assistance Program provides assistance to public, private, and not-for-profit organization fleet managers who want to evaluate the feasibility and cost of adding AFVs and fueling facilities to their operations. Low-cost training for vehicle mechanics is also available through certified institutions. For more information, see the NYSERDA Transportation Programs website.

Weight Limit Exemption (idle reduction)

Any motor vehicle equipped with qualified idle reduction technology may exceed the state's vehicle weight limits by up to 400 pounds to compensate for the added weight of the idle reduction technology. The vehicle's operator must maintain written certification of the device's weight and proof that it is fully functional and must provide such proof to a law enforcement officer, upon request. (Reference New York Vehicle and Traffic Law 385)