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Adopted 6 NYCRR Parts 218 and 200 Revised Regulatory Flexibility Analysis for Small Businesses and Local Governments

1. Effect of rule:

The New York State Department of Environmental Conservation (Department) is amending 6 NYCRR Section 200.9 and 6 NYCRR Part 218 to incorporate California's latest revisions to its low emission vehicle (LEV) III greenhouse gas (GHG) program that clarify the deemed to comply provision for model years 2021-2025 into New York's existing LEV III program. These changes were adopted by California on December 12, 2018. These changes apply to vehicles purchased by consumers, businesses, and government agencies in New York and may impact businesses involved in manufacturing, selling, leasing, or purchasing passenger cars or trucks.

State and local governments are also consumers of vehicles that will be regulated under the adopted amendments. Therefore, local governments who own or operate vehicles in New York State are subject to the same requirements as owners of private vehicles in New York State; i.e., they must purchase California certified vehicles. This rulemaking is not a local government mandate pursuant to Executive Order 17.

The adopted changes are a clarification of the current LEV III standards. The new motor vehicle emissions program has been in effect in New York State since model year 1993 for passenger cars and light-duty trucks, except for the 1995 model year, and the Department is unaware of any significant adverse impact to small businesses or local governments because of previous revisions. Section 177 of the federal Clean Air Act requires New York to maintain standards identical to California's to maintain the LEV program.

2. Compliance requirements:

There are no specific requirements in the adopted regulation which apply exclusively to small businesses or local governments. Reporting, record keeping and compliance requirements are effective statewide. Automobile dealers (some of which may be small businesses) selling new cars are required to sell, or offer for sale, only California certified vehicles. These adopted amendments will not result in any additional reporting requirements to dealerships other than the current requirements to maintain records demonstrating that vehicles are California certified. This documentation is the same documentation already required by the New York State Department of Motor Vehicles for vehicle registration. If local governments are buying new fleet vehicles they should make sure that the vehicles are California certified. This has been the case for more than two decades in New York.

3. Professional services:

There are no professional services needed by small business or local government to comply with the adopted rule.

4. Compliance costs:

New York State currently maintains personnel and equipment to administer the LEV program. It is expected that these personnel will be retained to administer the adopted revisions to this program. Therefore, no additional costs will be incurred by the State of New York for the administration of this program.

5. Minimizing adverse impact:

The adopted amendments are not expected to have any impact on automobile dealers. Dealerships will be required to ensure that the vehicles they sell are California certified. Starting with the 1993 model year, most manufacturers have included provisions in their ordering mechanisms to ensure that only California certified vehicles are shipped to New York dealers. Implementation of the adopted amendments is not expected to be burdensome in terms of additional reporting requirements for dealers.

There will be no adverse impact on local governments who own or operate vehicles in the state because they are subject to the same requirements as those imposed on owners of private vehicles. In other words, state and local governments will be required to purchase California certified vehicles. This rulemaking is not a local government mandate pursuant to Executive Order 17.

This regulation contains exemptions for emergency vehicles, and military tactical vehicles and equipment.

6. Small business and local government participation:

The Department held a public hearing in Albany, NY on March 11, 2019. Small businesses and local governments had the opportunity to attend these public hearings. Additionally, there was a public comment period in which interested parties could submit written comments.

7. Economic and technological feasibility:

The adopted amendments are not expected to have any adverse impacts on automobile dealers. Dealerships will be required to ensure that the vehicles they sell are California certified. Starting with the 1993 model year, most manufacturers have included provisions in their ordering mechanisms to ensure that only California certified vehicles are shipped to New York dealers. Implementation of the adopted regulations is not expected to be burdensome in terms of additional reporting requirements for dealers. As stated previously, there would be no change in the competitive relationship with out-of-state businesses.

The deemed to comply provision currently allows vehicle manufacturers to demonstrate compliance utilizing federal greenhouse gas standards in lieu of California's more stringent standards. The adopted amendments clarify the deemed to comply provision to address the U.S. Environmental Protection Agency's (EPA) proposed freeze and roll back of existing greenhouse gas standards for model years 2021-2025. The adopted revisions to Part 218 apply to all 2021 through 2025 model year passenger cars, light-duty trucks, and medium-duty vehicles up to 14,000 pounds gross vehicle weight rating (GVWR).

8. Cure Period.

In accordance with NYS State Administrative Procedures Act (SAPA) Section 202-b, this rulemaking does not include a cure period because the Department is undertaking this rulemaking to comply with changes California has made to its vehicle emissions program to maintain identicality with Section 177 of the Clean Air Act.


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    Division of Air Resources
    Part 218
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    Albany, NY 12233-3255
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