In a continuing effort to put more time and distance between the Advanced Clean Trucks Rule coming to fruition here in Genesee County and in New York State, Public Works Commissioner Tim Hens asked members of the Legislature to send a resolution listing the issues for Gov. Kathy Hochul’s consideration.
Hens said the Advanced Clean Trucks Rule (ACT), a measure that originated in California, while noble in its effort to combat climate change, hasn't addressed issues such as what winter-laden Western New Yorkers must deal with.
“Our state association for county highway superintendents has asked commissioners and superintendents across the state to basically ask their legislature or board of supervisors to pass resolutions more or less, seeing there's going to be major impacts with the new advanced clean trucks across the state, especially relative to emergency vehicles and snow plows having to be electrified,” he said during the Public Service meeting. “So this resolution goes through all the things that we talked about previously in my department, update the cost of the vehicles, being able to charge them, the number of vehicles we'd have to have, the inability of the cost, and the inability to get any revenue when you sell them because of the battery life.
“There's a whole litany of things that have yet to be figured out to make this new act something that's even tenable and capable for towns and counties to react to throughout the state,” he said. “So, it's really a utopian pipe dream that at this point in time, with the technology we have in place, cannot even come close to half.”
The bottom line is that battery technology does not exist to make a heavy-duty fleet — such as municipal snow plows — anywhere near as effective as the current diesel fleet, he said.
“To fight a snowstorm, we would need three times as many trucks, a facility that can house and charge these trucks, and enough power in the grid to make charging a possibility,” he said. “The trucks are twice as expensive, 20,000 pounds heavier, have only a 10-year life, and no resale as the cost of new batteries will exceed the cost of the truck,” Hens said. “None of it makes sense. We’re hopeful that if enough counties and towns in New York make some noise, that maybe the lawmakers in Albany will understand that electrification in this instance doesn’t work.”
Legislator Gary Maha wondered why this Act was modeled after a state out west in the first place.
“I can't understand why New York State has adopted anything out of California State,” he said. “How ridiculous it is? Did they take into consideration that California's a different area than New York State? They don't get the snow or freezing rain and ice or anything else.”
Northern California does have mountains with colder temps, Hens said, though he isn’t certain how those areas are complying with the regulations.
“It’s just crazy. It’s to the point where truck manufacturers are talking about not selling vehicles in New York. And there’s large trucking companies … they’re talking about registering all their vehicles in other states, buying them all in other states, and then just operating them in New York with out-of-state plates, so it’s just crazy.”
The resolution states:
WHEREAS, in 2019, the Climate Leadership and Community Protection Act (CLCPA) was signed into law to require New York to reduce economy-wide greenhouse gas emissions 40 percent by 2030 and no less than 85 percent by 2050 from 1990 levels, and
WHEREAS, the CLCPA directs the development of performance-based standards for sources of greenhouse gas (GHG) emissions including for the transportation sector by reducing GHG emissions from motor vehicles, and
WHEREAS, New York State adopted California's Advanced Clean Trucks (ACT) Rule in December 2021 that requires applicable medium and heavy-duty (M/HD) vehicle manufacturers to sell a percentage of their total sales in New York as zero-emission vehicles (ZEVs) starting in model year 2025 with increasing ZEV sales through model year 2035, and
WHEREAS, the cost of transitioning the state and local highway departments’ utility and construction vehicles, snowplows and equipment to run on battery power as mandated by ACT and other state strategies is at this juncture incalculable, but expected to exceed the ability to be financed without substantial sources of new revenues directed strictly for the retrofit or procurement of such ZEVs and equipment, and
WHEREAS, as commercial production of M/HD large-scale, electric construction vehicles is today a nascent industry, the ability of local highway departments to plan for this transition, with its concomitant mandates that fuel and electricity charging sources be carbon-free, is of tremendous concern considering that the transportation system at all levels of New York government is significantly underfunded, and
WHEREAS, while ACT regulations do not require M/HD fleets, owners, operators, or dealerships to purchase ZEVs, the sales mandates on vehicle manufacturers are expected to lead to shortages in supply of not only complying electric vehicles but of traditional gasoline and diesel vehicles as well, and
WHEREAS, alarmingly, some M/HD vehicle dealerships have notified highway departments that, due to manufacturers’ need to plan for the sales mandates adopted by New York and some other states, many orders for trucks are being delayed or canceled, and
WHEREAS, notably, Maine, North Carolina and Connecticut among other states recently stepped back from adopting ACT regulations citing concerns over the availability of heavy-duty vehicle charging stations and the high cost of zero-emission trucks, and
WHEREAS, in July 2024, the New York State Comptroller released an audit on the State’s progress in meeting Climate Act goals and noted several deficiencies including the need to increase communication with stakeholders and provide more accurate cost estimates. The audit goes on to add that the lack of cost estimates jeopardizes the chances of success in meeting climate goals. The comptroller urges the state to clarify for key stakeholders, especially energy ratepayers, the extent to which ratepayers will be responsible for Climate Act implementation costs, and
WHEREAS, New York’s climate goals must be implemented in a way that is affordable while assuring adequate supplies of these specialized vehicles and functional highway construction equipment that meet state specifications, estimated to increase the cost of a new truck by about one-third, and
WHEREAS, the rush to introduce electric vehicles in New York can be counterproductive to the environment as the bulk of the power generation used to charge new vehicle batteries is produced by fossil fuels, and is a reason to move more slowly to sync with the pace of the transition to a zero-emission electric grid by 2040, and
WHEREAS, recognizing these potential impacts on the ability of local governments to continue to deliver necessary transportation services and facilities to the traveling public it is vital that state elected representatives and agencies assist county highway departments in developing strategies, funding sources and realistic timelines for achieving these aggressive GHG emissions reduction goals in the face of market and fiscal barriers to the transition, and
WHEREAS, all levels of government need to work together throughout the regulatory process to assure strategies and mandates put in place to meet the CLCPA goals for the transportation sector are realistic and achievable and will benefit the environment. Now, therefore be it
RESOLVED, that Genesee County of New York State calls on the Governor, the NYS Department of Transportation (NYSDOT) and NYS Department of Environmental Conservation (NYSDEC), NYSERDA, PSC, Commissioners and legislative leaders to commit to providing support for addressing these concerns in the regulatory and implementation process and to dedicate the funding necessary to fully cover the counties’ costs of complying with the state mandates under the CLCPA, Be it further
RESOLVED, that the Governor consider a pause or suspension of the implementation of ACT until there is strong evidence that the state has in place the necessary direct financial assistance and incentives and charging infrastructure necessary, and can definitively determine that vehicle manufacturers are prepared to effectively supply the New York market without disruption to the critical work needed to maintain the state’s vast and aging infrastructure, Be it Further
RESOLVED, that the state recognize that highway construction, maintenance vehicles, and equipment are critical to governments’ mission to maintain a safe and functional transportation system by designating these municipally owned vehicle and equipment as a category among “transit buses, motor coaches, and emergency vehicles,” and thus exempt from ACT regulation, Be it further
RESOLVED, that Genesee County shall forward copies of this resolution to Governor Kathy Hochul, the New York State Legislature; and the commissioners of NYSDOT, NYSDEC, NYSERDA, PSC and all others deemed necessary and proper.
Hens is not sure about the overall long-term effects of these more recent appeals from organizations and politicians to slow or halt the Act’s progress.
“But in the short term, it seems we’ve gotten some response, as NYS Department of Environmental Conservation has reached out to municipalities and stated they will not enforce the new truck rules for emergency equipment for two years,” he said. “This is a start but a long way from full relief.”
Legislators agreed to sign and send the resolution to Albany.
For previous article about what the Clean Truck Act could mean for municipalities, go to Looming ev truck regulations to bring financial, logistical concerns
