DEC announces adoption of Advanced Clean Cars II rule for new passenger cars and light-duty truck sales

All new cars, pickup trucks & SUVs sold in New York to be zero-emission by 2035

New York State Department of Environmental Conversation Commissioner Basil Seggos recently announced the adoption of new requirements to “reduce climate-altering greenhouse gas emissions and air pollution from the transportation sector.” The Advanced Clean Car II regulations will require all new passenger cars and trucks sold in New York state to be zero-emissions by 2035.

A press release stated, “This step will accelerate zero-emission car sales, resulting in improved air quality statewide, particularly in communities disproportionately impacted by transportation-related pollution.”

Seggos said, "Adopting Advanced Clean Cars II is a game-changing step for New York that will forever improve the health of our disadvantaged communities, and help bring about changes in zero-emission vehicle use here in the Empire State and across the country. These requirements demonstrate New York’s commitment to, and Gov. Kathy Hochul’s leadership in acting on climate and laying a strong foundation of cutting greenhouse gases, reducing harmful pollution, and promoting the growth of the green transportation industry."

The press release added, “The Advanced Clean Cars II rulemaking supports New York's ambitious work of reducing greenhouse gas emissions by 85% by 2050 from 1990 levels, as outlined in the Climate Leadership and Community Protection Act. The regulation requires an increasing percentage of new light-duty vehicle sales to be zero-emission vehicles (ZEV) each year, starting with 35% ZEV sales in model year 2026, leading to 100% ZEV sales by 2035. Advanced Clean Cars II also includes revised pollutant standards for model year 2026 through model year 2034 passenger cars, light-duty trucks, and medium-duty vehicles with internal combustion engines. The regulation provides manufacturers with flexibility to meet the emission requirements and help advance a successful transition to cleaner vehicles.

“Adoption of Advanced Clean Cars II is included among the recommendations in the Climate Action Council's recently released scoping plan, and will be instrumental in achieving the greenhouse gas emissions reductions required in the Climate Act. On Dec. 19, New York state's Climate Action Council adopted the scoping plan, which outlines recommended policies and actions to help meet the Climate Act’s goals and requirements. The plan was the culmination of more than three years of collaboration, including contributions from the council’s advisory panels and working groups, since the enactment of the Climate Act in 2019.

“Reducing transportation-related emissions in this rulemaking will provide significant air quality benefits, including progress to reduce ozone, for many of New York's disadvantaged communities that are predominantly home to low-income Black, Indigenous, and people of color, and often adjacent to transit routes with heavy vehicle traffic. The newly adopted regulation will help health and pollution burdens affecting these communities.”

Also announced, New York State appliance and equipment standards under the Advanced Building Codes, Appliance and Equipment Efficiency Standards Act of 2022 were to be adopted on Jan. 1, to set minimum energy and water efficiency requirements for residential and commercial products that will save consumers $264 million annually on utility bills by 2035, with $85 million benefiting low- to moderate-income households.

Again, the press release stated, “The standards ensure performance and quality to phase out poor, inefficient and wasteful products while reducing energy and water consumption to limit 807,000 metric tons and save more than 25 billion gallons in annual water by 2035 to help meet New York’s nation-leading emissions reduction goals under the Climate Act.”

NYSERDA President and CEO and Climate Action Council Co-Chair Doreen M. Harris said, “Putting more clean vehicles on our roadways reduces pollution and emissions that cause climate change, improving health in communities, while providing consumers more choice in the type of vehicle they drive or ride in. As we advance vehicle electrification, we are also raising the bar for energy efficient appliances with new standards that call for products to feature the latest technologies and energy saving features.”

New York State Department of Transportation Commissioner Marie Therese Dominguez said, “The Advanced Clean Car II regulations will speed the transition to zero-emission vehicles and advance New York’s nation-leading efforts to reduce greenhouse gas emissions. The state Department of Transportation is advancing Gov. Hochul’s vision to provide greener and cleaner transportation, collaborating with our partners in government and the private sector to build out the infrastructure needed to support electric vehicles and create a more sustainable transportation network for all New Yorkers.”

New York also adopted the Advanced Clean Trucks regulation in December 2021. That regulation intends to drive an increase in the number of medium- and heavy-duty ZEV models available as purchase options for vehicle purchasers and fleets.

New York is investing more than $1 billion in ZEVs of all weight classes over the next five years. Active light-duty vehicle initiatives include zero-emission vehicle purchase rebates through NYSERDA's Drive Clean Rebate Program, zero-emission vehicle and charging infrastructure grants through DEC's Climate Smart Communities Municipal Grant Program, as well as the "EV Make Ready" initiative, NYPA's EVolve NY charging infrastructure program, and DOT's National Electric Vehicle Infrastructure (NEVI) charging infrastructure program to help expand electric vehicle use.

In addition to the Advanced Clean Car II regulations, New York incorporated California’s Heavy-Duty Low Nitrogen Oxide (NOx) Omnibus and Phase 2 Greenhouse Gas standards under a separate rulemaking. The Heavy Duty Omnibus regulation requires medium- and heavy-duty engine manufacturers to sell new, cleaner vehicles (e.g., heavy-duty trucks) that meet more stringent NOx and particulate matter emissions standards, beginning with engine model year 2026. The regulation also includes revised test procedures and longer useful life and warranty requirements for applicable medium-and heavy-duty vehicles compared to current federal requirements. The U.S. Environmental Protection Agency recently finalized new clean-air standards for heavy-duty trucks beginning with the model year 2027. New York’s NOx emission standards for heavy-duty engines, when fully implemented, would be more stringent than the recently announced national standards.

DEC is implementing the regulations through an emergency rulemaking and also making the regulations available for public comment. Advanced Clean Cars II regulations will be available for public comment until March 6. A virtual public hearing on the measure will be held March 1. The Heavy Duty Omnibus regulation will be available for public comment until March 6, and a virtual public hearing will be held Feb. 28. More details about the regulations, registering for the public hearings, and details on submitting public comments, can be found in the State Register and on DEC’s website at https://www.dec.ny.gov/regulations/propregulations.html#emergency.