New York State's contentious Advanced Clean Truck (ACT) rule, which took effect this past New Year's Day, has faced steady criticism from truck dealers and fleet operators since it was first adopted in 2021.
Intended to reduce greenhouse gas emissions and improve air quality — especially from diesel-burning trucks — the ACT rule promotes the use of zero-emission vehicles (ZEVs) for trucks in classes 2B through 8, or those weighing 8,501 lbs. or more.
Diesel engines have long been flagged by both environmentalists and industry professionals as major polluters, particularly pre-2010 models that predate federal mandates for low-sulfur diesel fuel and particulate filters. Although modern diesel engines emit far fewer pollutants than those from 15 years ago, the transition to battery-electric trucks has proven challenging due to nascent technology, sky high costs and a near-total lack of charging infrastructure.
Currently, about 47 percent of diesel trucks registered in New York were manufactured before 2010, underscoring the magnitude of the clean truck transition challenge.
The ACT rule stems from the Climate Leadership and Community Protection Act (CLCPA) signed into law in July 2019, which mandated ZEV sales targets starting last Jan. 1.
While the policy's intent was widely acknowledged as a noble objective, the Trucking Association of New York (TANY) and its members quickly raised concerns — not about the environmental goals, but the feasibility of implementation on such an aggressive timeline.
Key concerns include the rule's requirement that dealers sell an increasing and, in many cases, unrealistic percentage of ZEVs across all truck classes over the next two decades until all new trucks sold are zero-emission.
"The law originally focused on manufacturers, but since they don't sell directly to customers, it falls on dealers to meet the sales quotas," said Tom Heiland, president of Utica Mack and a 43-year industry veteran. "That ratio is one ZEV for every seven-10 diesel trucks sold, depending on the class, and the only ZEVs available are electric battery models, which are limited in scope, range and reliability."
Heiland added, "ZEVs don't work well for many applications that diesel trucks serve today. The lack of infrastructure and high cost of ownership only worsens the problem."
Despite passing the ACT rule in 2019, the state failed to invest in electric truck charging stations — even at critical locations like the 27 service plazas along the 496-mi. New York Thruway, a vital trucking route.
"I called the Thruway Authority and asked how many of the 330 new chargers they installed were for heavy-duty trucks," Heiland said. "The answer was zero. They had years to prepare and did nothing. That was the straw that broke the camel's back for me."
Dollars for Diesels
Frustrated with the state's top-down approach and seeking ways to further cut emissions from commercial transportation, Heiland, along with Zach Miller, TANY's vice president of government affairs, and Mark Stone, director of sales of Burr Truck Sales, developed another option called "Dollars for Diesels."
The proposal offers incentives to replace pre-2010 diesel trucks with newer, cleaner diesel models, rather than mandating ZEVs that fleets cannot yet support.
The idea was the focus of a June 26 roundtable in Utica, convened by Assemblywoman Marianne Buttenschon, D-119 District, and attended by officials from New York State agencies including the Department of Environmental Conservation (NYSDEC) and Energy Research and Development Authority (NYSERDA).
"We have proven technology right now — cleaner diesel engines — that can help New York reach its goals more quickly and cost-effectively," Heiland said. "Let's use that instead of technology that doesn't exist, isn't affordable or can't be supported."
Miller hopes Dollars for Diesels can complement NYSERDA's Truck Voucher Incentive Program (TVIP) and provide flexible options for fleet upgrades statewide.
Following the roundtable, Buttenschon and Heiland met with NYSDEC Commissioner Amanda Lefton, who was reportedly intrigued by the proposal after a striking demonstration at a second Utica meeting.
There, Heiland held a white handkerchief over the exhaust of three trucks from the 1997, 2012 and 2025 model years. The test resulted in black soot from the oldest vehicle, yellowing from the mid-era truck, and no visible residue from the 2025 truck, underscoring the advances in diesel technology.
Encouraged by interest from Lefton and lawmakers in Albany, Buttenschon has since introduced a "Dollars for Diesel Act," aimed at creating a statewide program administered by NYSERDA to buy and scrap older trucks.
"If older trucks aren't scrapped, they'll stay in use and keep polluting," Heiland said.
ACT Rule On Pause, But Uncertainty Remains
Now is the time for New York to take bold action, Heiland said.
President Trump's recent revocation of the California Air Resources Board (CARB) waivers has effectively placed New York's ACT rule on hold. The state is challenging the pause, but implementation remains uncertain.
Despite NYSDEC's temporary exemption allowing municipalities to buy certain diesel-powered trucks for 2025 and 2026, the rule continues to burden essential industries, including milk haulers, freight carriers and construction firms, all of which lack viable ZEV alternatives.
"We're not against clean trucks," Heiland said. "We're against mandating tools that don't work yet while ignoring tools that do. Give us a seat at the table, and let's achieve realistic clean air goals together." P
