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PUBLIC TESTIMONY
Testimony by Amy Turner, Director of Cities Climate Law Initiative at Sabin Center for Climate Change Law, Columbia Law School on Intro 1130
3:03:16
·
3 min
Amy Turner testifies in strong support of Intro 1130, which aims to regulate indirect sources of air pollution. She provides legal context for the viability of Indirect Source Rules (ISRs) and explains how they can avoid preemption by the Clean Air Act.
- Turner emphasizes that while cities cannot directly regulate vehicle emissions due to Clean Air Act preemption, they can regulate indirect sources like e-commerce warehouses.
- She explains that ISRs can avoid preemption by offering a menu of compliance options, allowing flexibility for warehouse operators.
- Turner attaches a white paper to her testimony discussing legal pathways to limiting freight vehicle emissions in cities.
Amy Turner
3:03:16
Hi.
3:03:16
My name is Amy Turner.
3:03:18
Thank you so much for the opportunity to testify.
3:03:20
I am here to testify in strong support of intro number eleven thirty in relation to the regulation of, indirect sources of air pollution.
3:03:28
I work at the Sabin Center for Climate Change Law at Columbia Law School, where I direct our city's climate law initiative.
3:03:34
So in that capacity, I work with local governments across the country to craft climate policies that minimize risk of state and federal preemption.
3:03:42
And my work includes the study of local policies to lessen vehicle greenhouse gas emissions, and I'm expert in those legal considerations surrounding warehouse indirect source rules.
3:03:52
So inter in addition to expressing my support for Intro one thirty, I'm here to share some legal context for an an ISR's legal viability.
3:04:02
Local governments, including New York City, are constrained in how they may regulate emissions from vehicles, including freight vehicles.
3:04:09
Section two zero nine of the Clean Air Act preempts state and local governments from, quote, adopting or attempting to enforce any standard relating to the control of emissions from new motor vehicles or new motor vehicle engines subject to the Clean Air Act.
3:04:23
This broad preemption clause significantly constrains the city's ability to regulate or otherwise set stringent vehicle emission standards, including for freight trucks and other vehicles that frequently enter and leave last mile ecommerce warehouses.
3:04:38
The city does not have the authority to require that freight vehicles be electric or be of another low emissions, technology as doing so would effectively compel vehicle owners to purchase new vehicles that exceed the Clean Air Act standards.
3:04:52
The city does, however, have the authority to regulate the indirect source of those freight vehicle emissions, the stationary ecommerce facilities that they serve.
3:05:01
An ISR can avoid preemption by the Clean Air Act by offering compliance optionality, the very thing that such a rule is decide designed to do.
3:05:09
If intro number one thirty is enacted, DEP will be tasked with setting a greenhouse gas emission standard for warehouse facilities, and it will develop a menu of compliance options that warehouse operator operators may choose among
Robert F. Holden
3:05:22
Thank you.
Alexa Avilés
3:05:23
You can finish your testimony.
Amy Turner
3:05:26
Sure.
3:05:27
Another warehouse indirect source rule in effect in the South Coast Air Quality Management District in Southern California is structured this way.
3:05:34
Its compliance options include acquiring or using zero emissions vehicles or near zero emissions reducing trucks truck visits, installing, vehicle charging, using vehicle charging, installing on-site solar, and installing air filtration in homes, schools, hospitals, and other off-site spaces.
3:05:52
As such, no warehouse operator or freight vehicle owner is ever required to purchase a new zero emissions vehicle.
3:05:59
They may choose other selections from the compliance menu.
3:06:02
An indirect source rule promulgated under intro eleven thirty would work similarly.
3:06:07
The compliance offer, options could differ as DEP will select methods for compliance that meet meet New York City's unique needs.
3:06:15
But the legislation is designed to avoid Clean Air Act preemption in an analogous way.
3:06:20
There are few other local policy options for minimizing freight vehicle emissions that can avoid Clean Air Act preemption as neatly as an ISR.
3:06:30
Local efforts to lessen vehicle pollution outside the scope of Clean Air Act preemption are are all the more critical as our federal executive branch seeks to roll back requirements that protect our communities.
3:06:41
The Trump administration is already reportedly considering rescinding the endangerment finding, which serves as the scientific and legal basis for all federal regulation of GHGs from vehicles.
3:06:52
To supplement my testimony and to address other legal considerations surrounding warehouse and direct source rules, I attach to my written testimony my June 2024 white papers entitled Cities, Ecommerce, and Public Health, Three Legal Pathways to Limiting Freight Vehicle Emissions.
3:07:08
It discusses Clean Air Act preemption and other considerations for structuring an ISR in New York City.
3:07:13
Thank you very much.