A snowplow that Busti officials said was being delayed due to a new state regulation has been cleared for purchase.

Last week, The Post-Journal reported from a Busti Town Board meeting that the state’s Advanced Clean Trucks regulation, which was supposed to go into effect in January, was holding up purchase of a truck the town of Busti had ordered two years ago. A state Department of Environmental Conservation official reached out to The Post-Journal on Tuesday, saying the single-axle snowplow the town ordered is in fact cleared for delivery.

New regulations are being finalized that will give more flexibility in meeting the Advanced Clean Truck regulation and postpone its implementation date – something state Sen. George Borrello and several Senate Republicans called for last week.

“New York’s adoption of the Advanced Clean Trucks (ACT) rule is one of several steps the state is taking to advance the transition to a cleaner, healthier, and more efficient transportation future by cutting greenhouse gases, reducing harmful pollution, and promoting the growth of the green transportation industry,” said Lori Severino of the DEC. ” In addition to providing manufacturers with significant flexibility in implementing the original rule, DEC will also be proposing new regulations that include more flexibility and would not require compliance determinations until March 2029. This extended timeframe would provide medium-and heavy-duty vehicle manufacturers additional time to achieve compliance, either by selling additional ZEVs or purchasing credits from other manufacturers. The DEC is communicating with members of the legislature and other key-stakeholders regarding the implementation of ACT to address concerns and counter misinformation.”

According to Severino, the current regulation allows for just one model year to resolve any deficit. Under ACT, manufacturers are required to report their sales within 90 days of the end of a model year. New York’s implementation of ACT begins with model year 2025, which ends December 31, 2025. As such, the manufacturer’s first ACT sales report is due by March 31, 2026. If there is a deficit, under the current ACT regulation prior to the amendments, the manufacturer must make up the deficit in model year 2026.

New York adopted the ACT rule (6 NYCRR Subpart 218-4) in December 2021. ACT requires applicable medium- and heavy-duty vehicle (M/HDV) manufacturers to sell a percentage of their total sales in New York State as zero-emission vehicles (ZEVs) starting in model year 2025 with increasing ZEV sales through 2035.

“We now have a two-year extension,” said Greg Johnson, Busti highway superintendent, on Tuesday.

Additionally, Severino said the state offers several financial incentives to help facilitate the process, including the New York Truck Voucher Incentive Program (NYTVIP), New York City Clean Trucks Program, “EV Make Ready” initiative, and the New York Clean Transportation Prizes.

“Funding comes from numerous sources including the Clean Water, Clean Air and Green Jobs Environmental Bond Act of 2022, State Environmental Protection Fund, Regional Greenhouse Gas Initiative, Volkswagen settlement funds, among others,” she said.

Borrello and Republicans in the state Senate said they have heard increasing concerns from governments and businesses in their districts about the cost of electric trucks and charging infrastructure. They noted the state has passed legislation to help build out electric vehicle charging infrastructure, but those bills were passed so recently that the infrastructure hasn’t yet been built.

“Additionally, the charging infrastructure needed to power this fleet is not currently available at this time,” Borrello and his fellow senators said in their letter. “Several legislative measures have been passed and implemented in order to bolster this infrastructure development, but enough time has not passed to realize the results of this. Without the necessary charging infrastructure or grid capacity, mandating the sale of these vehicles through regulation is akin to putting the cart before the horse.”