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Draft Request Letter

Thank you to the New York State Association of Town Superintendents of Highways for putting this together!

Important Alert: Draft Letter for Purchasing Diesel Snow Plows to Comply with the Advanced Clean Truck Act

DRAFT REQUEST LETTER Limited Enforcement Discretion for ACT 

As you know, the New York State Department of Environmental Conservation (NYSDEC) has revised its limited enforcement discretion letter (linked below) for the Advanced Clean Trucks (ACT) and Heavy-Duty Low NOx Omnibus (HD Omnibus) regulations. Below we have included draft request letter language for your municipality to use when making these purchases.

NYSDEC Discretion Letter Approval Process

This applies to municipal purchases of model years 2025 and 2026 heavy-duty vehicles used for snow plowing purposes (both dedicated plows and intermittent plows, such as refuse trucks and dump trucks that are converted for plowing purposes as needed) and for street cleaning (e.g., street sweepers and catch basin trucks).

The authorized executive officers of municipalities shall make written requests to applicable motor vehicle manufacturers or their authorized dealerships detailing the make, model, model year, and number of vehicles to be purchased. These requests shall also be sent to the NYSDEC at air.regs [at] dec.ny.gov (air[dot]regs[at]dec[dot]ny[dot]gov) with the subject line "Enforcement Discretion Purchases." 

NYSDEC considers for the purposes of this letter “authorized executive officers” to include mayors, city managers, town supervisors, elected county administrators, executives, or commissioners; or authorized delegates of these positions. 

 

Draft Letter Language (On Official Municipal or Highway Department Letterhead)

Date

Name of Authorized Dealership

Address of Authorized Dealership

Re: Purchase Request Approval

 

To whom it may concern:

 

This letter serves to request approval for [Municipality] to purchase [Quantity(even if it’s “one”)] [Make], [Model], [Model Year]. [This vehicle/These vehicles] will be operated by [Municipality] for [snowplowing/street cleaning – please specify which].

Thank you in advance. Feel free to contact me if you need any further information.

 

Sincerely,                                                                                       

 

(Name/Title of Authorized Executive Officer)                                                    

As signatory, I certify that I am the responsible official accountable for the truth, accuracy, and completeness of the information contained in this purchase request.

cc: (Name/Title of Highway Superintendent)