NYS DEC Acts to Sustain Support for Statewide Transition to Cleaner Vehicles

The New York State Department of Environmental Conservation (DEC) took action today to help provide much-needed certainty to manufacturers following unprecedented federal actions that challenge implementation of clean vehicle requirements.

“The poor precedent set this week by some members of Congress compounds the Trump administration’s efforts to strip away New York’s legal right to implement environmental laws and initiatives that protect air quality and help safeguard communities from pollution,” DEC Acting Commissioner Amanda Lefton said. “New York strongly believes in the importance of states’ authority under the Clean Air Act and, more specifically, clean vehicle programs that continue to be supported by consumers. Despite the Senate’s vote to revoke the U.S. Environmental Protection Agency’s order granting California’s waiver and with it the authority of New York and other states to act in the best interests of residents, New York will continue supporting the transition to electric vehicles. 

“Car and truck manufacturers need certainty amidst the recent supply chain and other production challenges driven by the instability of recent federal policies and pronouncements. DEC is issuing additional enforcement discretion to help promote ongoing clean vehicle sales and ensure that we have a workable program. We will also continue collaborating with other states, car and truck manufacturers, labor, and other partners through the Affordable Clean Cars Coalition and other initiatives that invest in charging infrastructure and increase use of electric cars, trucks, buses, and other vehicles across all sectors of New York’s economy. We will continue to show the leadership necessary to promote market stability, economic certainty, and prevent pollution – leadership that is lacking at the federal level,” Acting Commissioner Lefton continued.

Amidst uncertainties stemming from federal actions, New York State issued enforcement discretions that ease manufacturers’ near-term compliance with the State’s Advanced Clean Trucks (ACT) and Advanced Clean Cars II (ACC II) requirements. The enforcement discretion aims to provide clarity to consumers while working to keep New York on track to achieve its clean transportation goals and the many health and environmental benefits communities will see from the increased deployment of zero-emission vehicles (ZEV) and reducing pollution.

To sustain New York State’s progress, DEC’s enforcement discretion actions for ACT and ACC II will pause penalties associated with any shortfalls of ZEV sales during the first two years of implementation of each program – for ACT model years 2025 and 2026, and for ACC II model years 2026 and 2027. 

To sustain New York State’s progress in the transition to cleaner vehicles and making sure consumers have the ability to purchase EVs, enforcement discretion for ACT and ACCII will be provided to manufacturers that show good faith efforts in working toward the sales requirements. This will include keeping records of vehicle sales and reporting vehicle supply conditions, and discourage the practice of ‘ratio-ing’ internal combustion engine vehicles for EVs to dealerships, which has caused hardships among car and truck dealers.

The enforcement discretions are the latest step in helping promote the ongoing adoption of electric vehicles in New York State. Earlier today, Governor Kathy Hochul joined 10 other states as part of the U.S. Climate Alliance’s launch of the Affordable Clean Cars Coalition (ACCC). The initiative was launched by a group of governors whose states have chosen to use their authority under the Clean Air Act to adopt and implement clean vehicle programs.  

ACCC will sustain America’s transition to cleaner and more affordable cars, support U.S. automotive manufacturers and workers, and preserve states’ clean air authority. Alongside the launch, the Alliance announced the availability of resources to help states tackle vehicle pollution and lower barriers for consumers to more affordably own, drive, charge, and maintain cleaner cars. For more information, visit the U.S. Climate Alliance website. 

State Investments in Electric Vehicles 

To date, New York State’s nearly $3 billion investment in electrifying its transportation sector has supported a range of initiatives aimed to increase access to EVs and charging while improving air quality and health outcomes for all New Yorkers. These programs include EV Make Ready, EVolve NY, Charge Ready NY 2.0, the Drive Clean Rebate, the New York Truck Voucher Incentive Program, the New York School Bus Incentive Program, the Direct Current Fast Charger program, and the Municipal ZEV and ZEV Infrastructure grant programs.  

New York is also incentivizing new ZEV purchases, and last month, Governor Hochul announced $30 million is now available for consumers to lease or purchase new EVs in New York through the State’s Drive Clean Rebate program, which provides point-of-sale rebates for more than 60 new EV models. This program has issued more than 190,000 rebates to consumers since 2017, contributing to the more than 280,000 EVs on the road statewide