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Adopted 6 NYCRR Parts 218 and 200 Revised Job Impact Statement

1. Nature of Impact:

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.

The adopted amendments to the regulations are not expected to adversely impact jobs and employment opportunities in New York State. New York State has had a LEV program in effect since model year 1993 for passenger cars and light-duty trucks, except for model year 1995, and the Department is unaware of any significant adverse impact to jobs and employment opportunities because of previous revisions.

2. Categories and numbers affected:

The adopted changes to this regulation will not adversely impact businesses involved in manufacturing, selling or purchasing passenger cars or trucks. No final assembly of automobiles occurs in New York State. Dealerships will be able to sell California certified vehicles to buyers from states bordering New York. Since vehicles must be California certified to be registered in New York, New York residents will not be able to buy non-complying vehicles out-of-state, but may be able to buy complying vehicles out-of-state. These businesses compete within the state and generally are not subject to competition from out-of-state businesses. Therefore, the adopted regulation is not expected to impose a competitive disadvantage on affiliated businesses, and there would be no change from the current relationship with out-of-state businesses.

3. Regions of adverse impact:


4. Minimizing adverse impact:

The adopted regulations are not expected to have 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. The implementation of the adopted regulations is not expected to be burdensome in terms of additional reporting requirements for dealers. 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. If EPA does not freeze, or roll back, existing standards then there will be no change to the current standards in Part 218. 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).

5. Self-employment opportunities:

None that the Department is aware of at this time.

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