Climate, Transit, Environmental Justice, and Energy Organizations Statement on Effort to Delay New York’s Clean Truck Standards

This week, state legislation (S5931 / A6359) was introduced to delay the implementation of New York’s long-established clean truck standards (Advanced Clean Trucks Act). The New York legislature should not fuel the federal administration’s agenda to sacrifice public health protections at the behest of wealthy corporate interests.

Delaying implementation is not only a foolish response to a false crisis whipped up by manufacturers, who are looking to rig the market in their favor, but it will lead to more ER visits, people suffering from asthma, and increased health costs, particularly for communities of color and low-income. Our organizations urge the Governor and the Legislature to stand up for vulnerable communities and reject this legislation, and any effort like it.

Read the nine Memoranda of Opposition from the following organizations: Alliance for Clean Energy New York, Environmental Advocates of NY, Earthjustice, Environmental Defense Fund, New York City Environmental Justice Alliance, New Yorkers for Clean Power, Sierra Club, Tri-State Transportation Campaign, and Union of Concerned Scientists.

Background

The Advanced Clean Trucks (ACT) is a life-saving measure developed to address the devastating consequences of diesel pollution, a significant source of climate and health-harming emissions, by requiring manufacturers to phase in minimum targets for zero-emission truck delivery through 2035.

The rule does not require dealerships, fleets, municipalities, or other consumers to purchase electric trucks, nor does it require dealerships to purchase a certain number of any particular type of zero-emission vehicles to receive combustion vehicles from manufacturers. The dealers who sell heavy-duty vehicles are being deceived by engine manufacturers who are telling them that they are not allowed to sell diesel vehicles to customers unless they also purchase a certain number of ZEV trucks. OEMs are calling this sales policy “rationing,” and they claim it’s being mandated by the Advanced Clean Truck (ACT) rule.

In reality, the onus is on manufacturers, not dealers or fleet operators, to ensure their product ranges and ‘build mixes’ (i.e. how many diesel vs. electric trucks they manufacture and deliver to states) are compliant. The ACT rule provides flexibility, allowing manufacturers to choose between different compliance strategies and focus on the vehicle models most suitable for electrification — diesel truck sales are not banned or directly restricted, and there is no regulatory mandate to force customers to buy trucks they don’t need. In fact, many manufacturers are well ahead of their 2024 EV sales obligations in other markets, with many manufacturers having excess credits. There is no regulatory mandate for them to be pushing these ratios.

In New York, the transportation sector is one of the largest contributors to greenhouse gas emissions, and trucks and buses cause disproportionate harm – accounting for “52% of nitrogen oxide (NOx) emissions, 45% of all PM 2.5 pollution, and 24% of global warming emissions from on-road vehicles.” The ACT is estimated to save hundreds of lives and estimated to generate nearly $2.8 billion in public health benefits. If implemented on time, clean truck standards could generate an additional 2,195 well-paid jobs in the first ten years and increase New York’s GDP by $453 million. Reducing truck emissions is necessary for meeting the state’s mandate to fully decarbonize the economy by 2050, as directed by the 2019 Climate Leadership and Community Protection Act (CLCPA), and the ACT program is a critical component of the CLCPA’s 2021 Scoping Plan.

Weakening these standards would be a win for manufacturers, while regular people suffer – they would continue to benefit from federal financial incentives without delivering on their promises for a swift transition to zero-emission vehicles. New Yorkers cannot wait for pollution reduction policies. Any attempt to roll back New York’s clean truck standards will harm New York’s disadvantaged communities who are already suffering from the worst impacts of diesel truck pollution.