Trucking Firms Call on Hochul to Delay New York’s EV Rule

Starting in January, Manufacturers Would Have to Sell Certain Percentage of EVs
Volvo VNR
Volvo Trucks North America deployed eight Volvo VNR Electric trucks with two Bronx-based community groups as part of a $10 million award through the New York Clean Transportation Prizes program in 2022. (Volvo Trucks)

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COHOES, N.Y. — Trucking industry executives, members of the state Assembly and town highway officials from across the region gathered Oct. 28 to ask Gov. Kathy Hochul to pump the brakes on state regulations that mandate sales of medium- and heavy-duty electric trucks in New York starting in January.

The requirement is part of what’s known as the Advanced Clean Truck, or ACT, regulations authored in 2021 by the state Department of Environmental Conservation. The rule requires that truck manufacturers sell a certain percentage of electric vehicles as part of their overall sales in New York. The electric trucks can cost up to $500,000 each, more than double the price of a traditional heavy-duty truck that runs on diesel fuel.

But trucking industry executives and members of the Assembly who support the state’s climate laws say New York doesn’t have the required charging infrastructure to support electric tractor-trailers traveling from one end of the state to the other. More than 90% of goods shipped in New York are moved by truck.



They also emphasize that the new rule was written in 2021 before the true impacts of the COVID-19 pandemic on the economy were understood. Since that time, inflation and other factors, such as Russia’s invasion of Ukraine, mean that implementing zero-emission energy policies will be much more expensive than previously expected.

“We have to take a step back,” said Assemblywoman Carrie Woerner, whose 113th district runs from along the Northway from Mechanicville to Glens Falls, a major trucking route to the Adirondacks, the North Country and Canada. “What we’re asking for is just some common sense.”

Kendra Hems, president of the Trucking Association of New York, said her members are “100%” behind the state’s climate laws and want to reduce greenhouse gas emissions. However, they are extremely worried about the impact of the new regulations on the industry.

“Hopefully we can move forward in a way that makes sense,” Hems said.

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Trucking Association of New York President Kendra Hems

Hems 

Hems called on Hochul and DEC to delay the start of the new rules by two years.

The event was held at the offices of SM Gallivan, a trucking and landscaping supply company in Cohoes. Sean Gallivan, the company’s president, said he believes the governor will change her mind on the issue when she gets all the facts.

“I feel conditions have changed,” Gallivan said. “It’s my hope that Gov. Hochul and her staff have better information now to guide her decision.”

Scott Collins, executive vice president of sales at Tracey Road Freightliner and Western Star, which has an Albany location, said that under the new regulations, truck sales companies will have to sell one EV truck to allow sales of 10 traditional trucks. And that’s just in the first year. The rules require a higher percentage of EV sales over time.

“Unfortunately, if we’re not able to sell those [EV] trucks, we’re going to end up having to cut our workforce by 30%,” Collins said.

The DEC issued a statement on Oct. 28 that said that the agency is going to propose new regulations around the ACT rules that will “include more flexibilities” for companies and would not require “compliance determinations” until March 2029.

The state agency also noted that the rules don’t apply to truck sales dealerships, only truck manufacturers.

And the extra time before compliance kicks in will give truck manufacturers more time to either sell more EVs or purchase credits from other manufacturers.

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“DEC is communicating with members of the Legislature and other key stakeholders regarding the implementation of ACT to address concerns and counter misinformation,” the agency said.

Assemblywoman Patricia Fahy, who represents the city of Albany and its western suburbs in the 109th District, also agrees a pause is needed. Fahy is a member of the Assembly’s transportation and environmental committees and is a strong supporter of the state’s climate law passed in 2019.

“We need these two years,” Fahy said. “We need to do our part here in government to make sure the infrastructure is there, the power (supply) is there and you have incentives to meet these goals.”

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