[Adopted 2-21-2006 by L.L. No. 4-2006]
This article shall be known as "The Rockland
County Fuel-Efficient Vehicle Act."
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.
As used in this article, the following terms
shall have the meanings indicated:
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.
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.
The sum of the fuel economies of all motor vehicles in a
defined group divided by the number of motor vehicles in such group.
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.
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.
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.
The value specified by the manufacturer of a motor vehicle
model as the maximum design loaded weight of a single vehicle of that
model.
Any motor vehicle that combines two or more fuels or sources
of energy or power that can directly or indirectly provide propulsion
power.
Any motor vehicle having a gross vehicle weight rating of
8,500 pounds or less.
Any motor vehicle having a gross vehicle weight rating of
more than 8,500 pounds but not more than 14,000 pounds.
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.
Buy, lease, borrow, obtain by gift, or otherwise (except
by forfeiture) acquire.
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.
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:
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%
|
The County shall not purchase additional bi-fuel
motor vehicles.
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%
|
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.
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.
