New York Governor Kathy Hochul signed legislation (A.4302/S.2758), setting a goal for all new passenger cars and trucks sold in New York State to be zero-emissions by 2035.

In addition, the Governor directed the Department of Environmental Conservation to release the proposed Advanced Clean Truck regulation that would significantly reduce air pollution from trucks. If adopted, the regulation would accelerate zero-emission truck sales, resulting in improved air quality statewide and in particular those communities disproportionately impacted by transportation-related pollution.

Under the new law, new off-road vehicles and equipment sold in New York are targeted to be zero-emissions by 2035, and new medium-duty and heavy-duty vehicles by 2045. The law also requires the development of a zero-emissions vehicle development strategy by 2023, which will be led by the New York State Energy Research and Development Authority (NYSERDA) to expedite the implementation of the State policies and programs necessary to achieve the law’s new goals.

Using California’s Advanced Clean Trucks Rule as a template, the proposed regulation would require truck manufacturers to transition to electric vehicles. Truck manufacturers would be required to meet a certain annual sales percentage of zero-emission trucks, which will vary among vehicle weight classes, beginning with model year 2025. By the 2035 model year, at least 55% of all new Class 2b-3 pickup trucks and vans, 75% of all new Class 4-8 trucks, and 40% of all new Class 7-8 tractors sold in New York State will be zero-emission.

The proposed regulation provides medium- and heavy-duty truck manufacturers with several compliance options and would require a one-time reporting from applicable truck fleets.

Medium- and heavy-duty trucks (those weighing greater than 8,500 pounds) are the second largest source of Nitrogen Oxides emissions from mobile sources although these trucks represent approximately five percent of New York’s 10.6 million registered vehicles. A portion of downstate New York State does not meet federal health based national ambient air quality standards (NAAQS) for ozone and has been categorized as a non-attainment area.

The proposed regulations complement New York's ongoing efforts and investments to electrify the transportation sector and help achieve the state’s climate goals. New York is investing more than $1 billion in zero emissions vehicles over the next five years. Active medium- and heavy-duty truck initiatives include zero-emission truck purchase vouchers through the New York Truck Voucher Program (NYTVIP) and the New York City Clean Trucks Program, the “EV Make Ready” initiative to help expand electric vehicle use, fleet assessment services, and the $24-million electric Truck and Bus Prize Challenge.

In 2020, New York, 14 additional states, and the District of Columbia agreed through a Memorandum of Understanding to develop an action plan to accelerate the electrification of buses and trucks, including to consider adoption of the California regulation. Participating states committed to work together to accelerate the market for zero emission medium- and heavy-duty vehicles, including delivery trucks, box trucks, and buses. The collective goal is to ensure that 100% of all new medium- and heavy-duty vehicle sales be zero emission vehicles by 2050, with an interim target of 30% zero-emission vehicle sales in these categories of vehicles by 2030.