Milepost - New York Trucking Association Q2 2023

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MILEPOST SECOND QUARTER 2023 Vol. 11, No.2 THE OFFICIAL MAGAZINE OF THE TRUCKING ASSOCIATION OF NEW YORK > Cap-and-Invest Program > Truck Safety & Education Symposium > TANY's Advocacy Days
The Path to Clean Trucks

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MILEPOST SECOND QUARTER 2023 • VOL. 11 NO. 2 CONTENTS ON THE COVER: 14 The Path to Clean Trucks By Steve Brawner 10 Cap-and-Invest for Emissions By Jack Roberts 20 TANY’s Advocacy Days: An Important Tool in the Legislative Toolbox Reminder: New York state Highway Use Tax filing threshold changes By Kendra Hems 22 2023 NYS Truck Safety and Education Symposium By David Carnevale FEATURES DEPARTMENTS 6 Chairman’s Message by Mark Giuffré 6 TANY’s Board of Directors 7 President’s Message by Kendra Hems 9 New York Metro Update by Zach Miller 26 New TANY Members 26 Calendar of Events 26 Advertising Resource Index Issue Q2 2023 • MILEPOST | 5

CHAIRMAN'S MESSAGE

Dear Members –

First of all, I want to thank you for your support of our Association. Without you, TANY would not exist, so thank you for investing in our association. The efforts that you make to participate are invaluable and enrich the work we do together. It’s been so nice to see the calendar fill up again and I appreciate those of you that are volunteering to help make those events happen.

Kendra and the staff in Clifton Park have their hands full. Our overall goals are designed to bring value to your membership through four key pillars of focus: Membership, Workforce Development, Advocacy and Training & Education.

membership workforce development advocacy training & education

These are the core elements of our strategic plan which the board recently updated and guide the direction of the staff each and every day.

We recently completed another successful Truck Safety and Education Symposium in Saratoga and the turnout was fantastic. The NYS Truck Driving Championships & SuperTech Competition was held on June 9 & 10 in Syracuse, and the Annual Membership Conference is scheduled for September 25-26 in Clayton, NY. I encourage all of you to attend the conference and get involved.

TANY is in good hands, but it is only as strong as its membership. Now is the time to get involved.

The event calendar is on the TANY website, and the Friday Final newsletter is a great resource for our weekly activities and future events. If you have not already done so, download the TANY app and sign up to follow our new podcast “Key Up NY”.

Thank you all for your support of this association and its goals and I am looking forward to seeing you all in person again very soon.

BOARD OF DIRECTORS OFFICERS

Chair

Mark Giuffré UPS

Vice Chair

Joe Fitzpatrick

Lightning Express Delivery Service, Inc.

Secretary

Terry Borwegan

Borwegan Trucking, Inc.

Treasurer

Chris Mix

Mr. Bult’s, Inc.

Immediate Past Chair

Barry Panicola Sprague Operating Resources LLC

REGIONAL VICE CHAIRS

Western Region

Joe Berti

Speed Global Services

Genesee Region

Robert Peckham

Tenstreet, Inc.

Central Region

Stephen Erwin

Clinton’s Ditch Co-Op, Inc.

Eastern Region

Andy Laing

DeCrescente Distributing Co., Inc.

Metro Region

Steven Levy

Sprague Operating Resources LLC

REGIONAL SECRETARIES

Western Region

John Stewart HazMat Environmental Group, Inc.

Genesee Region

Mike Loss

Wegman’s Food Markets

Central Region

Colleen Rejman

Venice Enterprise, Inc.

Eastern Region

Eric Ryan

TD Bank

Metro Region

Ken Tirone

Hub Truck Rental Corporation

COUNCIL CHAIRS

Maintenance Chair

Swede Oun

O & K Truck Repairs, Ltd.

Safety Chair

Joe Peplinski

Haylor, Freyer & Coon, Inc.

Safety Group Chair

John Simon

Grand Island Sales and Service, Inc.

AT-LARGE MEMBERS

Helen Brooks

FedEx Corporation

Cate Eagan

Cason Transport, LLC

JoAnn Hayes

George Hildebrandt, Inc.

Gabrielle Simmons Wadhams Enterprises, Inc.

ATA STATE VICE PRESIDENT

Stephen Wadhams

WadhamsEnterprises,Inc.

6 | MILEPOST • Issue Q2 2023
OF NY
TRUCKING ASSOCIATION

THE OFFICIAL MAGAZINE OF THE TRUCKING ASSOCIATION OF NEW YORK

Milepost is owned by the Trucking Association of New York and is published by Matthews Publishing Group. To request additional copies, order reprints of individual articles or to become a subscriber to Milepost, please contact TANY at (518) 458-9696. To inquire about advertising, please contact the publisher at (501) 690-9393.

Publisher Jennifer Matthews-Drake jennifer@matthewspublishing.com

Executive Editor Kendra Hems

Production & Managing Editor David Carnevale

Creative Director Fran Sherman

Graphic Designer Bárbara Negrón CadÍz

Photographers Mark Davis Al Ferreira

Contributing Writers Steve Brawner

Dan Calabrese

David Lee Cullen Eric J. Francis

Renee Miller

David Monteith

Jack Roberts John D. Schulz

Dear Members –

As we wrap up this issue of Milepost the 2023 legislative session is also wrapping up. As with every year, we’ve seen hundreds of pieces of legislation introduced that are of interest in some manner to the trucking industry. Many of these legislative initiatives won’t make it out of committee. Regardless, TANY tracks all bills of interest closely and engages with legislators, either in support or opposition, on those bills that do start to move through the legislative process.

You will notice that this issue of Milepost is largely focused on environmental related issues. This is indicative of what we’ve seen in the legislature in recent years. Since the passage of New York’s Climate Leadership & Community Protection Act (CLCPA) in 2019, TANY has seen year over year increases in proposed legislation that in some manner relates to climate change. As it relates to trucking, we see legislation pertaining to zero-emission vehicles, electric charging infrastructure, programs to reduce the reliance on trucks, clean fuel standard, Cap-andInvest programs and more. Each year the list seems to grow.

TRUCKING ASSOCIATION OF NY STAFF

President Kendra Hems khems@nytrucks.org

Vice President Kate Kennett kate@nytrucks.org

Director of Metro Region Operations Zach Miller zach@nytrucks.org

Communications David Carnevale & Marketing Manager dcarnevale@nytrucks.org

Membership Relations Manager Dennis Carroll dennis@nytrucks.org

Office Manager Rebecca Ackner rebecca@nytrucks.org

Program & Evens Manager Alexis Vetro alexis@nytrucks.org

Workforce Development Rusty Stetzel Coordinator rstetzel@nytrucks.org

Administrative Assistant Mary Harwood mary@nytrucks.org

Shay Legacy Foundation Manager Steve Bobarakis steve@nytrucks.org

TANY Services Bureau Manager Chris Rhodes chris@tanyservicesbureau.com

For more information, contact TANY at: Trucking Association of New York 3 Corporate Drive, Suite 101 Clifton Park, NY 12065 Phone: (518) 458-9696

FAX: (518) 458-2525 www.nytrucks.org

TANY has been working hard to try and inject reasonableness into the conversation as it relates to many of these issues, but specifically the move toward zero-emission vehicles. While we support the need to address climate related concerns, TANY holds the position that all options need to be on the table, not just battery-electric vehicles (BEVs). Additionally, the timeline that New York has put in place to begin requiring the sale of BEVs, and ultimately the purchase of them, is far too aggressive.

As we continue to work with legislators and policymakers on these issues, TANY also wants to ensure that members are up to date on what is happening at both the state and federal level, what policies have already been passed and what policies have been (or will be) proposed in the near future.

The Clean Trucks NY conference, now in its third year, was started specifically for this purpose. The conference pulls together trucking and environmental industry representatives to discuss the issues and provide valuable information for fleets as they make decisions regarding future equipment purchases.

Environmental issues will continue to be a top priority for TANY for the indefinite future. We understand the concerns and challenges associated with many of the policies that New York has already implemented, as well as those that are currently being discussed. Be assured that TANY is at the table. We continue to stress the impact these policies will have on the trucking industry in New York and are working to push back on the timelines that have been put in place. There is no question that this is an uphill battle as the environmental lobby is strong in New York, but TANY is up to the challenge for the long haul.

Stay safe,

Trucking Association of New York is an affiliate of the American Trucking Associations. TANY is a New York corporation of trucking companies, private carrier fleets and businesses that serve or supply the trucking industry. TANY services these companies as a governmental affairs representative before legislative, regulatory and executive branches of government on issues that affect the trucking industry. The organization also provides public relations services and serves as a forum for industry meetings and membership relations.

Issue Q2 2023 • MILEPOST | 7 PRESIDENT'S MESSAGE
MILEPOST

View from New York City

We have reached a breaking point with New York City’s Citizens Air Complaint program, which has completely mushroomed out of control from its original intention. The program is deeply flawed and has caused undue hardship to our industry. Let us be clear, we support the Department of Environmental Protection’s (DEP) goals to provide a cleaner, more sustainable future and environment for NYC residents. We do not, however, accept that this must be at the expense of hard-working individuals and small businesses in the trucking industry. The program as it stands makes us victims of a cottage, for-profit, industry while stripping away our due process. Issues with the program include but aren’t limited to: the lack of notification to drivers or registered owners during the service of a summons; the absence of information and evidence provided on a summons;

the inability to transfer liability for leasing companies or independent contractors and willful manipulation of the online Idling Complaint System to allow for the submission of complaints that are inconsistent with the Citizens Air Complaint Program, just to name a few.

Obscenely, there are individuals using this program as a full-time job or career, at significantly higher pay than NYC’s unionized professional traffic agents, which was never the intention of the law. Many businesses have had citizens at their facilities, some with sensitive locations, and goods, waiting for trucks to leave. They then follow them on their route until they can record a video. This occurs at construction and job sites, financial institutions, and cash vault operations, and is unacceptable behavior and frankly a public safety concern.

TANY is asking for three reasonable changes which will significantly reduce the hardship of this program while moving NYC to a cleaner, more sustainable future:

1. Certified Clean Idle Exemption

Much of the industry has pivoted toward purchasing Certified Clean Idle trucks to carry out their necessary work while also working to minimize

8 | MILEPOST • Issue Q2 2023
New York Metro Update

their carbon footprint. Yet, these cleaner trucks are held to the same standards as older trucks that do not have Diesel Particulate Filters installed, also known as DPF technology. In fact, employers required to register their trucks with the NYC Business Integrity Commission must meet these emissions standards already to put their equipment to work in the five boroughs. They shouldn’t be paying these exorbitant fines when they have already upgraded their fleets to meet these requirements. The state of California has a clean idle exemption as well as our neighbors in Pennsylvania, and NYC should as well.

2. Allow for the easy transfer of liability on leased and contracted vehicles

3. Fund the Expansion of the NYC Clean Trucks Program

The fact that there are citizens who make six figures through this program while incentive programs such as the NYC Clean Trucks Program are starving for funds is abhorrent. A portion of fine revenue should be dedicated to a fund to help fleets purchase cleaner, zero emission vehicles under the NYC Clean Trucks Program.

To sign on to our coalition letter or for more information please contact zach@nytrucks.org

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Cap-and-Invest for Emissions

NEW YORK WANTS TO “CAP” TRUCK EMISSIONS. BUT IS THERE A BETTER WAY?

A new “Cap-and-Invest” emissions regulation program will include truck manufacturers. But fleets will feel the pain, as well.

If you’ve heard the term “capand-trade” in various economic and business news reporting, you probably get a bad feeling. You know, a sense that whatever “capand-trade” means, it’s probably insanely difficult to understand and even harder to implement in a varied state like New York – much less the entire country.

And guess what? You’re not far off the mark. But unfortunately, a cap-and-trade system that includes monitoring truck exhaust emissions

is being designed for New York. This new government program is actually being called a “cap-andinvest” program. But regardless of the name it goes by, it’s still a system that will definitely impact operations and bottom lines for fleets all across New York state. So, it’s important to understand just what impact this new program will have on your business and what the Trucking Association of New York is doing to minimize those issues going forward.

A COMPLICATED SYSTEM

In her 2023 State of the State Address in January, Gov. Kathy Hochul announced the establishment of a Cap-andInvest program that “establishes a declining cap on greenhouse gas emissions, invests in programs

that drive emissions reductions in an equitable manner prioritizing disadvantaged communities, limits costs to economically vulnerable households, and maintains the competitiveness of New York industries,” according to a press release issued by the governor’s office after the announcement. In addition, Governor Hochul proposed new legislation which will seek to create a universal Climate Action Rebate that is expected to drive more than $1 billion in future cap-and-invest proceeds to New Yorkers every year. The program is part of the governor’s plan to reduce emissions from every sector of the economy, including the transportation sector.

So how does a typical capand-trade, or cap-and-invest, program work? To begin with, the

10 | MILEPOST • Issue Q2 2023
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government will set a limit, or a “cap” on the amount of emissions an industry, a business, or even an entire economy or country can emit into the atmosphere. And this cap is almost always set up to decrease over time. The total amount of capped emissions are then divided up among the participants in the industry being targeted. In essence, companies are allowed a set limit of emissions it can emit over the course of a year. And the government can issue allowances for meeting or exceeding those limits to companies – usually for a fee.

All of this means that if you’re a company that doesn’t pollute enough to exceed the cap, the government will issue you credits which you can then either sell – presumably to help fund the purchase of new, “greener” vehicles – or hold in reserve for the future. And that’s important. Because once an emissions cap is set, it’s not permanent. Quite the opposite, in fact. The cap is reduced over time – theoretically as the target industry pollutes less and becomes cleaner. So those credits can help your business as the cap is lowered and you’re now polluting more than would normally be allowed.

THE DEVIL IN THE DETAILS

If all of that sounds like a business management nightmare, relax. As Kendra Hems, president of TANY, explains, the proposed New York plan actually targets oil refineries. So, it will be the fuel producers who will have to comply with, and track all of these emissions caps, credits, trades and investments. But she cautions, there will still be adverse downstream consequences for New York truckers once cap-and-invest is enacted in New York. Hems believes the most immediate impact for fleets will be a jump in diesel prices at the pump.

TANY reached this conclusion, Hems says, after researching the impacts of similar cap-and-trade emissions programs in West Coast states, most notably Oregon and continues

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Washington. “It’s a complicated issue, as those states also have new Clean Fuel Standards – which can help to drive fuel costs down at the pump. However, based on what we’ve seen in other states, we believe the New York state capand-invest emission plan could raise diesel prices anywhere from 24 to 50 cents a gallon.”

Still, Hems says, it’s important to remember that the vast majority of the responsibilities for meeting the cap-and-invest program will fall on fuel suppliers. “You don’t have to worry about how much your individual trucks are polluting,” she notes. “It’s a very complicated program. Its ultimate goal is to reduce emissions while also creating funds to support investments in climate mitigation, energy efficiency, clean transportation, and other projects. But the devil is still in the details as to how all of this will actually come together.”

UNREALISTIC TIMELINES AND POLICIES

Given the realities of the pending cap-and-invest program, Hems says TANY is currently working with legislators to help them fully understand the additional costs fleets will incur when it goes into effect. But there’s still more that needs to be done, she adds. “We are

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working to engage our members, make sure they understand the program and encourage them to communicate to lawmakers what these changes will mean to them so that we can inject some reality into this process.”

Hems is adamant that New York state truckers are not opposed to operating cleaner trucks and polluting less. “But” she adds, “the timelines and policies that New York has targeted are far too aggressive and will drive costs up for fleets and consumers alike. If we don’t express our concerns and make lawmakers understand what the downstream impact of these policies are, we could see companies going out of business, the return of increased supply chain issues and fleets unable to get new trucks because the OEMs are unable to meet potentially unattainable government emissions standards.”

To mitigate the impact of Capand-Invest, TANY is researching the potential benefits of a Clean Fuel Standard. “There are benefits to a Clean Fuel Standard as it incentivizes the production of low-carbon fuels which reduce emissions without having to invest in new equipment,” she explains. “Renewable diesel fuel, for example, is a drop-in fuel that fleets can use immediately without any technology changes whatsoever. However, a Clean Fuel Standard can also raise the price of fuel in the short term so the association is looking closely at the benefit versus the cost before throwing any support behind a Clean Fuel Standard.”

In the meantime, Hems says she is skeptical that the proposed capand-invest will deliver the benefits advocates claim. “We’re watching what’s happening in Oregon and Washington closely,” she notes. “We certainly support running cleaner vehicles burning cleaner fuel to help the environment. A Clean Fuel Standard is a market-based solution. But the cap-and-invest program will be managed by state government. And there are just too many hands in the pie for me to feel comfortable with that approach.” MP

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Milepost saturates the New York and surrounding states trucking community with timely, informative news and analysis in a quality format to more than 10,000 trucking and transportation leaders by direct-mailing a print edition to our readers’ offices and then promoting a digital version across all means of social media. This digital version is complete with nifty sound effects and live weblinks transporting viewers to advertisers’ websites and email addresses.

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Issue Q2 2023 • MILEPOST | 13
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The Path to Clean Trucks

New York’s trucking industry wants to work with policymakers to create a cleaner, greener state, but the state’s policies shouldn’t be a “carbon copy” of California’s.

That’s TANY’s message in the wake of the California Air Resources Board’s adoption of the Advanced Clean Fleets rule.

In conversations with policymakers and legislators, TANY emphasizes that it supports the shift to zero emission trucks, including electric and other alternatives. But it doesn’t support New York adopting California’s mandates, as it tends to do.

“I think everyone wants do the right thing as it relates to protecting our environment,” said Kendra Hems, TANY’s president. “But the way in which we get there is the concern, and there are a lot of concerns about being told when you have to buy a truck that you may or may not actually be able to utilize.”

Hems made that comment following the California Air Resources Board’s (CARB) adoption of the Advanced Clean Fleets rule. The rule would ban the sale of non-zero emissions trucks in 2036. At the same time, it would create a zero emissions truck adoption schedule for fleets of 50 or more trucks Classes 2B to 8, those with greater than $50 million revenue operating at least one truck above Class 2B, and drayage fleets, which typically service intermodal ports and railyards.

Cover Story 14 | MILEPOST • Issue Q2 2023 continues
Issue Q2 2023 • MILEPOST | 15

CARB has not yet received final state approval or received a required waiver from the EPA. But Mike Tunnell, American Trucking Associations senior director, energy, and environmental affairs, said he expects that waiver to happen.

“EPA generally grants those waivers, and I don’t really see that changing,” Tunnell said.

The proposed rule would phase in the adoption schedule based on the type of truck. Ten percent of a fleet’s box trucks, vans, buses with two axles, yard tractors and light-duty package delivery vehicles would be required to be zero emissions vehicles (ZEVs) by 2025, with that number increasing over time until it hits 100% by 2035. All drayage trucks regardless of the company size would have to ZEVs by that year. For larger work trucks, day cab tractors, and three-axle buses, the requirements would start at 10% in 2027 and increase over time to 100% by 2039. For sleeper cabs and certain specialty vehicles, the numbers would start at 10% in 2030

and ratchet up to 100% in 2042. Fleets would be required by Jan. 1, 2024, to identify their current trucks as part of their “legacy fleet” that would be placed on a timetable moving toward retirement.

The rule would be the first fleetdirected rule in the nation and maybe the world that would require the purchase and use of zero emission trucks. CARB’s adoption of the Advanced Clean Fleets rule comes three years after the state adopted its Advanced Clean Trucks rule that was the nation’s first zero emissions truck sales requirement for manufacturers. In 2024, 9% of Class 4-8 vocational trucks and 5% of Class 7-8 tractors sold must be zero-emission trucks. By 2035, the numbers are 75% and 40%, respectively.

CARB’s resolution adopting the Advanced Clean Fleets rule includes a section directing the executive officer to evaluate increasing the Advanced Clean Trucks requirements, including the sales percentages, in order to achieve the 100% sales goal.

Under the Clean Air Act, California has the right to set its own air quality standards as long as it receives an EPA waiver. Other states are allowed to adopt those standards rather than national ones adopted by the EPA, and some tend to do so, including New York. New York adopted the Advanced Clean Truck rule. It also currently has an emergency rulemaking in place adopting California’s HeavyDuty Low-NOx Omnibus Regulation requiring truck and engine makers to reduce nitrous oxide emissions 75% below the current standards starting in 2024, and 90% below those standards in 2027.

Hems suspects New York will adopt the Advanced Clean Fleets rule, though it would depend on what happens with a lawsuit nine states filed against the EPA on June 5 over the Advanced Clean Trucks rule.

Hems said New York should adopt its own rules because California’s are unrealistic and don’t apply to New York’s specific needs, demographics, and situation. One example: California

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has refineries, while New York doesn’t. Even the climate is different. One TANY member with two electric box trucks in New York City found the range was dramatically reduced in colder weather.

“For New York to, pardon the pun, carbon copy what California is doing without doing their own studies as far as New York’s industry, New York’s demographic, the makeup of our fleets –they’re basically using all this data from California and not looking at specifically how this is going to impact New York,” she said. “That’s incredibly problematic, and it’s concerning not just with New York, but we’re seeing other states do the same thing. So basically, California is dictating national policy, and it’s all based on California data, and that’s not the way that we should be making the shift.”

Hems said most of New York’s fleets are multi-generational, family-owned small businesses with 10-20 trucks. They won’t have the resources to install the charging infrastructure, so companies would park their trucks

off site, which the state needs to plan for. In addition, smaller carriers often don’t buy new trucks. No one knows what the residuals on those trucks will be, how long those batteries will last, or what the used truck market will look like.

“That’s really what we’ve been trying to instill, kind of some reasonableness into these conversations that we’re going to get there, but you have to allow the industry to do it in a way that makes sense so that companies

are not put out of business,” she said. “Because with the current policies, that will be what ends up happening.”

Hems noted that California has done studies for its fleets and their realities. Its policies are based on the information it has gathered pertaining to its own situations – its own industry sizes, its own types of ports and its own air quality challenges. California had funding

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mechanisms in place before it enacted the Advanced Clean Trucks rule.

New York is in the very early stages of gathering their own data. It adopted its version of California’s Advanced Clean Trucks rule at the end of 2021 with the first mandates to go into effect in 2024.

“New York’s doing everything at the same time,” Hems said. “There’s been no planning, so in terms of trying to identify ways to help the industry transition or to be able to find funds to invest in the buildout of infrastructure, those things are all happening at the same time these mandates are being put in place.

“They are being incredibly aggressive by putting all these things in place at the same time and not allowing a process to ensure that we’ve got the resources and tools in place to actually ensure that these programs can be successful.”

Hems noted that New York City already sometimes suffers from

brownouts. Adding electric trucks to the mix would increase the load. Making the situation more challenging is the fact that New York wants to electrify the entire economy, not just the transportation industry. It’s trying to eliminate fossil fuels altogether, going so far as to prohibit natural gas in new buildings.

Hems said the association is watching to see what happens. It will engage in conversations with policymakers while pushing back on regulations and trying to inject reason into the argument. She would like to see legislation requiring the Department of Environmental Conservation to evaluate the impact of New York’s version of the Advanced Clean Truck rule. Deadlines could be pushed back if manufacturers aren’t ready and the state doesn’t have the infrastructure in place to support the technology.

COULD TANY ALSO TAKE THE STATE TO COURT?

“We’re obviously talking a lot about what we’re going to have to do as

an association to try and protect our members, but whether or not that includes litigation, I don’t know yet,” she said.

The American Trucking Associations could take legal action in California, although it doesn’t want to. In an interview, ATA President and CEO Chris Spear said, “a litigious strategy would probably be our last option” and that he would prefer the ATA replicate the collaborative partnership it has practiced with the EPA over the past 40 years.

Spear said the trucking industry helped write rules that have led to the reduction of 98.5% of emissions coming out of the tailpipe. He said 60 new trucks today emit the same amount as a single truck did in 1988.

CARB, however, has been much more aggressive and unrealistic with its targets than the EPA has been. He called CARB’s efforts a “mad dash to zero” that doesn’t give enough weight to challenges such as a lack of trucks and insufficient charging capabilities.

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18 | MILEPOST • Issue Q2 2023
Cover Story

“They don’t have the infrastructure,” Spear explained. “They don’t have the power. We don’t have the equipment that’s going to be needed to comply with this, and it’s just going to result in an avalanche of waivers that’s going to confuse everybody. And then if you throw litigation into the mix, which is possible, that’s where we’re going to be, and it doesn’t need to be that way. We want this to be successful, but it’s going to require CARB being realistic, looking at this and doing it in a very logical, achievable way. Right now, you don’t have that.”

He said one legal argument would be that CARB ramrodded the rule through the process without taking into account legitimate concerns voiced by manufacturers, innovators and engineers.

“Asking them the logical things: Where’s the infrastructure? Where’s the power that’s going into the infrastructure? Where’s the sourcing of the minerals? What if the equipment’s not readily available or affordable? All these things have to

be addressed for this to be successful, and if they’ve run right over that, meaning the process has not listened or taken into account the questions we’ve raised, then they’ve ignored that we have grounds to fight the ruling,” he said. “So, they have to respond to that. That’s the rulemaking process, and this is an unelected body – CARB. EPA at least has shown for 40 years a willingness to work with us. That seems to have changed, and the minute they bypass public comment, responding to the public comments, the questions we’ve posed, that gives us legal grounds to say that this rule is flawed.”

Spear went on to say that CARB “would have this industry, in my opinion, moving freight with donkey carts if it weren’t for the methane emissions.”

CARB is not the only regulatory agency that New York trucking companies are dealing with. The EPA is undergoing its own Phase 3 greenhouse gas rulemaking process for a zero emission sales schedule, but it would start later than California’s

and not be as aggressive, Tunnell said. He said the rule is only in the proposal stage so all the details are not known, but it would begin requiring the sale of zero emission trucks nationally in 2027 and ramp up until 2032. The proposal’s sales mandates are tied to the financial incentives contained in the federal Inflation Reduction Act of 2022, which provides up to $40,000 in federal tax credits for heavy-duty vehicles. The final rule could be released by the end of the year.

Hems said TANY is hosting its third annual Clean Trucks New York Conference July 24-25 in Pearl River to educate the trucking industry about policies and initiatives at the state and national levels, and how to prepare for them.

“The intent is to ensure that the industry understands what is going on, what polices are in place, what policies might be coming, what we’re doing as an organization so that they can really think about what it is they may need to do or be prepared for with their own fleets and moving towards cleaner vehicles,” she said. MP

Issue Q2 2023 • MILEPOST | 19

TANY’s Advocacy Days: An Important Tool in the Legislative Toolbox

Each year TANY hosts the Call on Albany and Call on Washington programs to help push our legislative initiatives at both the state and federal level. These programs have been highly successful over the years due to the participation of TANY members. It often takes hearing from constituents and business owners for our legislators to fully understand TANY’s stance on a variety of issues. TANY staff and our contract lobbyists can tee up the issue, but hearing from a member, particularly a constituent, is what drives it home.

TANY has had many successes on the heels of these events. Over the years at the state level, we have seen shifts in the position of the legislature following a Call on Albany event on issues related to truck route restrictions, independent contractor legislation, anti-indemnification, commercial GPS mandates and younger-driver initiatives, to name a few. Federally, we were able to get support for significant hours-of-service changes, address commercial GPS mandate concerns, and advocate for infrastructure funding.

In 2023, after a couple of years of having to host these events virtually, we were able to return to in-person meetings. Unfortunately, due to a snowstorm that hit Albany the first day of the event, we ultimately had to hold many of our scheduled meetings through zoom, however we did get a handful of meetings in-person before the storm rolled in. Overall, both the Call on Albany and the Call on Washington events were highly successful, and we were able once again to make progress on a number of issues.

20 | MILEPOST • Issue Q2 2023
Feature

CALL ON ALBANY

MARCH

13-14, 2023

Twenty members, including members of TANY’s Leadership Program, participated in the Call on Albany event in-person and/or virtually and met with 15 legislative offices. Top level issues discussed included concerns regarding the shift to zero-emission vehicles, the need for increased truck parking, congestion pricing in

NYC and Highway Use Tax repeal.

CALL ON WASHINGTON

APRIL 25-27, 2023

Hosted by the American Trucking Associations, 2023 marked the first time TANY went to Washington since 2019. While we had a small group this year, it was a great event with productive meetings. Five members joined TANY staff and met with 12 New

York representatives, including both Senators. Discussions in Washington also focused on concerns regarding the shift to zero-emission vehicles, as well as workforce development initiatives, supply chain solutions, energy and environment issues and lawsuit abuse.

Keep an eye on the 2024 calendar and plan to join TANY next year for these important events! MP

Issue Q2 2023 • MILEPOST | 21

2023 NYS Truck Safety and Education Symposium

The 2023 New York State Truck Safety and Education Symposium and Safety Exhibition took place in Saratoga Springs, NY, on April 4 and 5. The event was enthusiastically received by more than 250 attendees, exhibitors, and staff. Alternating between the Saratoga Hilton and Saratoga Springs City Center, attendees were treated to presentations from various agencies and organizations who provided the most up-to-date insight on safety topics and issues facing the trucking industry.

of Transportation, and Rebecca Wood, deputy commissioner, NYS Department of Motor Vehicles, kicked off the Symposium by providing the opening remarks which emphasized the challenges facing the trucking and transportation industries. They were optimistic that these challenges can be overcome and safely grow a stronger trucking industry by working together.

The keynote address during the opening session - Impaired Driving - was delivered by Marianne Angelillo, professional speaker, Governor’s Traffic Safety Committee, and George Donahue, technical sergeant, New York State Police.

On Father’s Day 2004, Marianne’s world was turned upside down when her seventeen-year-old son, Matthew, was killed in a high-speed car crash. Since then, Marianne has been speaking publicly, educating, and reaching into the hearts of her audience about the devastating consequences of risk-taking. The session served as a somber reminder of why safety is so important to our industry, and literally can mean the difference between life and death.

Workforce Development was the topic of choice for the remainder of the day, with sessions highlighting a variety of areas as they relate to employee recruiting and retention:

22 | MILEPOST • Issue Q2 2023 Feature

Grants & Financing Options, Educational Resources, and Employee Attraction & Retention.

On the second day, the keynote address was delivered by Taft Kelly, regional field administrator, Federal Motor Carrier Safety Administration (FMCSA). He discussed the latest regulatory updates, as well as what can be expected in the future from FMCSA.

Other sessions throughout the event included Automated Work Zone Speed Enforcement, presented by Rebecca Gibson-Schott, professional engineer 2, New York State Department of Transportation; Level I Inspection, presented by Larry Johnson, supervising motor vehicle inspector, New York State Department of Transportation; Drug and Alcohol Clearinghouse, presented by Tim Grimley, safety investigator, FMCSA; Prevention of Illicit Trading, presented by Nando Quinones, acting section chief, and

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Mason Wilhite, group supervisor, Homeland Security Investigations; and New York State Department of Motor Vehicles Update, presented by Tracey Wheaton, CDL coordinator/ motor carrier manager, and Mike Mongiardo, principal motor vehicle license examiner, NYS Department of Motor Vehicles.

Closing out the event, and an encore presentation to one of the most popular sessions at last year’s Symposium was Digital Safety, presented by Steve Stasiukonis, president, Secure Network Technologies. He explained how

the number of hackers and the number of organizations getting hacked has exploded, and organizations around the globe have experienced an exponential number of attacks against their networks, employees, vendors and intellectual property. He provided attendees with a roadmap to understanding digital criminals and help minimize the impact on their organizations, as well as what to do in case of a cyberattack.

In addition to the breakout sessions, a steady stream of participants also took advantage of having one-

on-one discussions with NYS DOT representatives throughout the twoday event.

Each year one of the highlights of the conference is the Safety Exhibition, which offers companies and agencies the ability to meet with attendees and showcase their products and services. At this year’s event, innovative products and services were showcased by exhibitors Access Compliance, Dimmick Group Peterbilt, EnVue Telematics, Hytorc of New York, ISAAC Instruments, Keevily Spero Whitelaw, Kenworth Northeast

24 | MILEPOST • Issue Q2 2023
Feature

Group, Inc., M&T Equipment Finance Corporation, New York Operation Lifesaver, Netradyne, NYS Workers’ Compensation Board, ORBCOMM, Penn Power Group, Rosco Vision Systems, Secure Network Technologies, STS Trailer & Truck Equipment, USI Insurance Services, WellNow Urgent Care, and of course TANY. State agency exhibitors included representatives from Federal Motor Carrier Safety Administration, the Governor’s

Traffic Safety Control, New York State Police, NYS Department of Motor Vehicles, and NYS Department of Transportation.

The 2022 Fleet Safety Awards were presented during lunch on Tuesday. Winners from various classes within the categories of General Commodities (Truckload and LTL), Tank Truck/Bulk (Hazmat and NonHazmat), Flatbed/Heavy Hauler, and Dump Truck/Construction,

were announced and presented with plaques in recognition for their esteemed accomplishment at adhering to safe driving. Congratulations to Byrne Dairy, Inc. from LaFayette, NY, on being named the 2022 Fleet Safety Award Grand Champion! The complete list of winners can be found on our website, nytrucks.org. We look forward to seeing everyone again at next year’s Symposium being held April 1-3, 2024! MP

Issue Q2 2023 • MILEPOST | 25
26 | MILEPOST • Issue Q2 2023 ADVERTISING RESOURCE INDEX Access Compliance 9 Berretta & Costigliola 12 BestPass Inside front cover Brief Relief 18 CDL Associates Insurance Agency 11 DPF Regeneration 23 EnVue Telematics / Geotab 4 Haylor Freyer & Coon 17 HazMat Environmental Group 11 Hub Truck & Lease 12 Keevily Advantage, The 19 Milepost 13, Inside back cover Modern Disposal Services 3 New Jersey Truck & Trailer Solutions 16 Regional International Truck & Trailer Back cover Truckers Against Trafficking 25 This edition of TANY’s Milepost was made possible by the support of these corporate advertisers. These generous companies support the trucking industry by enabling TANY to provide this publication to its members, prospective members, elected officials and the business community at large. They deserve your consideration and patronage when making your corporate purchasing decisions. Please visit nytrucks.org to see the digital version of Milepost with live links to advertisers’ websites. MILEPOST Calendar For more information and to register, please visit https://members.nytrucks.org/events New Members A-John Inc. Autotap Bee Bee’s Trucking LLC Big Geyser City Harvest, Inc. Clean Waste Medical Custom Courier Solutions Erichsen’s Fuel Service, Inc. Highway Rehabilitation Corporation H.L. Gage Sales Inc. JNS Translation 1 LLC J.A.C. Septic Service Inc. Kerry Professional Driving M &T Equipment Finance Corporation MedCall Healthcare Advisors New York State Energy Coalition Olson Entertainment NY Corp. REV LNG, LLC 2023 Sept. 25-27 Annual Management Conference Clayton, NY 2024 April 1-3 Safety Symposium Saratoga, NY
Milepost reaches more than 10,000+ leaders in transportation throughout New York and beyond. Our highly targeted audience of transportation executives contemplates purchasing decisions every day. That makes promoting your company in Milepost an excellent business decision. If you want to reach this highly targeted and influential group of industry decision-makers and ask them to consider purchasing your products or services, then you’ll want to place an ad in every edition of Milepost. Questions? Need more details? Please contact our publisher, Jennifer Matthews, at jennifer@matthewspublishing.com or call (501) 690-9393. MORE THAN TEN THOUSAND READERS STRONG IN THIS ISSUE Adirondack Beverages Steps in to Help Community Trucking Day at the Capitol Creating Connections in an Online Space Destination Collaboration TANY TAKES THE WHEEL ON A NEW STRATEGIC PLAN IN THIS ISSUE Eric Hoxsie Identifies Second-Year Priorities TANY Takes its Message to the Capitol Celebrating a Half Century with TANY SmarT AN URBAN DRIVING INITIATIVE STREET ALSO IN THIS ISSUE: Entry-Level Driver Training Rule FIRST QUARTER 2022 VOL. 10, NO. NY MARIJUANA LAW: IMPACT ON THE TRUCKING INDUSTRY ALSO IN THIS ISSUE: Truck Safety & Education Symposium Preview Truckers Against Trafficking Implementing an Effective Training and Education Program ALSO IN THIS ISSUE 2019 NYS Truck Safety and Education Symposium Fleet Safety Awards Workforce Development Attracting Potential to the Transportation Industry IN THIS ISSUE The Bridge from Crisis to Recovery Taming the Surge: TANY Member Collaborations Safeguarding Your Company from Cyber Attacks in New York and Beyond COVID-19 AN INDUSTRY RESPONDS SECOND QUARTER 2021 VOL. 9, NO. ALSO IN THIS ISSUE: Stopping Bridge Strikes Canadian ELD Enforcement Disconnecting Distracted Drivers and Devices The Road SAFELY SHARING SECOND QUARTER 2022 VOL. 10, NO. ALSO IN THIS ISSUE: TANY Calls on Albany and NYC The Future of Diesel Mitigating Bridge Strikes Truck Safety and Education Symposium ENSURING THE SAFETY OF YOUNG DRIVERS IN THIS ISSUE Drive Safe Act Infrastructure Funding Saving I-81 Truck Driving Championship and SuperTech Awards Driver of the Year and Golden Wrench Awards Advocacy Matters IN THIS ISSUE TANY Keeps On Trucking Lobbyist Updates The Truck Parking Problem Brand Identity ALSO IN THIS ISSUE: Legislative Session Updates Time is Ticking on I-81 Government Affairs For Young Drivers, NY Businesses LEGISLATION CLEARS THE WAY THIRD QUARTER 2022 VOL. 10, NO. ALSO IN THIS ISSUE: Legislative Session Updates A Closer Look at the I-81 Single Credential Legislation TDC/SuperTech Awards IN THIS ISSUE NYS Climate Leadership and Community Protection Act Transportation and Annual Conference Highlights TRANSPORTATION ENERGY AND THE ENVIRONMENT ALSO IN THIS ISSUE: Chairman Barry Panicola Virtual Safety Symposium TANY Salutes Safety WORKFORCE DEVELOPMENT TANY’S PATH FORWARD MATCHING SUPPLY WITH DEMAND ALSO IN THIS ISSUE: Shay Foundation Honors Family’s Legacy An Interview with Assemblywoman Donna Lupardo Big Rig Week WORKFORCE DEVELOPMENT Industry Faces Challenges of Labor Shortage Head on FOURTH QUARTER 2022 VOL. 10, NO. ALSO IN THIS ISSUE: Q & A with TANY Chair Mark Giuffré Growing and Keeping – Your Workforce Annual Management Conference CREATING A ROADMAP FOR A SECOND CHANCE ‘JAILS TO JOBS’ 10,000+ TANY’s Legislative Agenda > Recruiting Younger Drivers > TANY’s Upcoming Safety Symposium > Metro Region Update > ATRI’s Top Ten Industry Issues MILEPOST Q1 Spring 2023
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