Rockland County, NY
 
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[Adopted 2-21-2006 by L.L. No. 4-2006]

§ 137-10 Title.

This article shall be known as "The Rockland County Fuel-Efficient Vehicle Act."

§ 137-11 Legislative findings and intent.

A. 
The cost of fuel in the United States, especially in New York State and Rockland County, continues to rise.
B. 
It is well-documented that fossil fuel consumption by motor vehicles is one of the greatest contributing factors to many environmental problems facing us today.
C. 
One of the ways that government can help reduce costs and help the environment at the same time is through the purchase and use of hybrid and alternative fuel motor vehicles.
D. 
Hybrid gas-electric and alternative fuel motor vehicles, including electric only, ethanol, and compressed natural gas, are already available and being commercially marketed.
E. 
With rising fuel costs and better technology in the near future, such purchases of alternative fuel motor vehicles will become cost effective as estimated miles-per-gallon for these vehicles greatly exceeds gasoline-only vehicles.
F. 
It is important that Rockland County remains committed to saving the environment and taxpayer dollars.
G. 
Governor George Pataki's Executive Order 111 requires 50% of light-duty vehicles purchased by agencies and authorities to be cleaner fueled vehicles by 2005, increasing to 100% by 2010, with the exception of specialty, police or emergency vehicles. There is no reason for Rockland County not to aspire to those goals.
H. 
As of July 2005, there are 19 hybrid or alternative fuel motor vehicles in service in the Rockland County light-duty fleet of approximately 240 motor vehicles. This article mandates that County government formulate a plan that requires the County to purchase highly efficient fuel vehicles for its light-duty fleet.
I. 
Therefore, the Legislature of Rockland County wishes to express its concrete desire to pursue hybrid and alternative fuel motor vehicle purchases as soon as such become feasible, so that by 2008 50% of light-duty and medium-duty vehicles purchased by the County are cleaner fueled vehicles, increasing to 100% by 2010, with the exception of specially equipped vehicles.

§ 137-12 Definitions.

As used in this article, the following terms shall have the meanings indicated:
ALTERNATIVE FUEL
A substantially nonpetroleum fuel, such as compressed or liquified natural gas, liquefied petroleum gas (propane), hydrogen, coal-derived liquid fuels, electricity (including electricity from solar energy), mixtures containing by volume 85% or more of alcohol fuel (including, singly or in combination, methanol, ethanol, or any other alcohol or ether), and any other fuels derived from biological (nonpetroleum) materials other than alcohol.
ALTERNATIVE FUEL MOTOR VEHICLE
A motor vehicle that is propelled using solely an alternative fuel or is propelled using solely an alternative fuel in combination with gasoline or diesel fuel, and shall not include bi-fuel motor vehicles.
AVERAGE FUEL ECONOMY
The sum of the fuel economies of all motor vehicles in a defined group divided by the number of motor vehicles in such group.
BI-FUEL MOTOR VEHICLE
A motor vehicle that is capable of being propelled by both an alternative fuel and gasoline or diesel fuel, but may be propelled exclusively by any one of such fuels.
COUNTY AGENCY
A department, division, bureau, board, commission or agency of County government, the expenses of which are paid in whole or in part from the County treasury.
FUEL ECONOMY
The United States Environmental Protection Agency City mileage published label value for a particular motor vehicle, pursuant to Section 32908(b) of Title 49 of the United States Code.
GROSS VEHICLE WEIGHT RATING
The value specified by the manufacturer of a motor vehicle model as the maximum design loaded weight of a single vehicle of that model.
HYBRID
Any motor vehicle that combines two or more fuels or sources of energy or power that can directly or indirectly provide propulsion power.
LIGHT-DUTY VEHICLE
Any motor vehicle having a gross vehicle weight rating of 8,500 pounds or less.
MEDIUM-DUTY VEHICLE
Any motor vehicle having a gross vehicle weight rating of more than 8,500 pounds but not more than 14,000 pounds.
MOTOR VEHICLE
A vehicle propelled or driven upon a public highway which is propelled by any power other than muscular power, except electrically driven mobility assistance devices propelled or driven by a person with a disability; provided, however, that this term shall not include specially equipped vehicles.
PURCHASE
Buy, lease, borrow, obtain by gift, or otherwise (except by forfeiture) acquire.
SPECIALLY EQUIPPED VEHICLE
A motor vehicle defined as specially equipped pursuant to rules and regulations developed and approved by an appropriate County agency designated by the County Executive, and adopted by the Legislature of Rockland County.

§ 137-13 Purchase of cleaner light- and medium-duty vehicles.

A. 
Except as provided for in Subsections B and C of this section, beginning January 1, 2006, each light-duty vehicle and medium-duty vehicle that the County purchases shall achieve the highest of the following ratings, with Subsection A(1) of this subsection being the highest vehicle rating, applicable to motor vehicles certified to California LEV II standards [as set forth in New York State's revised state implementation plan contained in Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York and approved on January 31, 2005, by the United States Environmental Protection Agency at pages 4773 to 4775 of Volume 70, Number 19 of the Federal Register (and as may from time to time hereafter be amended)] and available within the applicable model year for a light-duty vehicle or medium-duty vehicle that meets the requirements for the intended use by the County of such vehicle:
(1) 
Zero emission vehicle (ZEV).
(2) 
Advanced technology partial zero emission vehicle (ATPZEV).
(3) 
Partial zero emission vehicle (PZEV).
(4) 
Super ultra low emission vehicle (SULEV).
(5) 
Ultra low emission vehicle (ULEV).
(6) 
Low emission vehicle (LEV).
B. 
The County shall not be required to purchase a zero emission vehicle (ZEV), advanced technology partial zero emission vehicle (ATPZEV), or partial zero emission vehicle (PZEV) in accordance with Subsection A of this section if the only available vehicle or vehicles that achieve such a rating cost greater than 50% more than the lowest bid as determined by the applicable procurement process for a vehicle available in the next highest rating category that meets the requirements for the intended use by the County of such vehicle.
C. 
Notwithstanding the requirements of Subsection A of this section, such requirements need not apply to a maximum of 5% of the light-duty vehicles and medium-duty vehicles purchased within each fiscal year.
D. 
Each light-duty vehicle and medium-duty vehicle purchased by Rockland County shall be a hybrid or alternative fuel motor vehicle. This shall be accomplished in accordance with the following purchase schedule:
Compliance Date
Percentage of Vehicles to be in Compliance
By May 1, 2006
10%
By October 1, 2006
20%
By May 1, 2007
30%
By January 1, 2008
50%
By January 1, 2009
70%
By January 1, 2010
90%
By July 1, 2010
100%

§ 137-14 Purchase of bi-fuel vehicles.

The County shall not purchase additional bi-fuel motor vehicles.

§ 137-15 Increase in average fuel economy.

As practicable, using an appropriate fuel economy inventory process, the County shall achieve the following minimum percentage increases in the average fuel economy of all light-duty vehicles purchased by the County during the following fiscal years, relative to the average fuel economy of all such vehicles purchased by the County during the fiscal year beginning January 1, 2005:
Compliance Date
Percentage of Vehicles to be in Compliance
Fiscal year beginning January 1, 2006
5%
Fiscal year beginning January 1, 2007
8%
Fiscal year beginning January 1, 2008
10%
Fiscal year beginning January 1, 2009
12%
Fiscal years beginning January 1, 2010, and January 1, 2011
15%
Fiscal years beginning January 1, 2012, January 1, 2013, and January 1, 2014
18%
Subsequent fiscal year beginning on or after January 1, 2015
20%

§ 137-16 Waivers.

During any fiscal year beginning on or after January 1, 2006, the County Executive, having determined at the request or recommendation of any County agency or on his own initiative that good cause exists to do so, may issue a waiver from the purchase schedule requirements of § 137-15 of this article for such fiscal year; provided that no such waiver shall become effective, and no purchases pursuant to such waiver shall be permitted, unless and until such waiver and the reasons constituting good cause to issue such waiver shall have been submitted in writing to, and by resolution approved by, the legislature of Rockland County.

§ 137-17 Report to County Executive and Legislature.

Not later than January 1, 2007, and not later than January 1 of each year thereafter, the fleet manager shall submit a report to the County Executive and to the Legislature of Rockland County regarding, among other things, the use of hybrid and alternative fuel motor vehicles in the County fleet. The information contained in this report shall include, but not be limited to, for each department of County government:
A. 
The total number of light-duty vehicles and medium-duty vehicles purchased in the year to which the report pertains;
B. 
The total number of light-duty vehicles and medium-duty vehicles owned or operated by each department at the end of the year to which the report pertains;
C. 
The total number of such light-duty vehicles and medium-duty vehicles purchased in the year to which the report pertains that are hybrid vehicles and the total number that are alternative fuel motor vehicles (including a breakdown of the types of alternative fuel used);
D. 
The total number of such light-duty vehicles and medium-duty vehicles owned or operated by each department at the end of the year to which the report pertains that are hybrid vehicles and the total number that are alternative fuel motor vehicles (including a breakdown of the types of alternative fuel used); and
E. 
All waivers (including related determinations of good cause, and renewals of such determinations of good cause) issued pursuant to this article.