New York Codes, Rules and Regulations (NYCRR)

Title 9 Part 7823

Executive Department

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9 NYCRR 7823.1 - Scope

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Executive Department
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The provisions of this Part shall apply to the purchase of passenger automobiles by and for State agencies and public authorities.

9 NYCRR 7823.2 - Definitions

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Executive Department
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Oct 31, 2022

For purposes of this Part, the terms hereinafter listed shall have the following meanings:

(a)The term acquire shall mean the submission of a purchase order for a passenger automobile to a vendor of such automobile. Any such acquisition shall be deemed to have occurred as of the date the master or other underlying contract was awarded the vendor, or the date the purchase order was submitted to the vendor, whichever is earlier.
(b)The term model type shall mean the year of manufacture, make and model of a passenger automobile, and the cubic inch displacement and number of cylinders of its engine.
(c)The term passenger automobile shall mean a four-wheeled vehicle propelled by gasoline, gasohol or diesel fuel, which is manufactured for use on public streets, roads and highways, which is rated at 6,000 pounds gross vehicle weight or less, and which is designed to transport 10 persons or less, including the driver. The term passenger automobile shall not include:
(1)snow removal vehicles;
(2)salt spreader vehicles;
(3)garbage disposal vehicles;
(4)fire vehicles (vehicles specially designed and equipped for firefighting purposes);
(5)police vehicles (vehicles used exclusively for law enforcement work and equipped with the heaviest duty available chassis frame and components, body mounts, suspensions and engine components);
(6)emergency vehicles (vehicles which are designed, appropriately equipped and used for the purpose of carrying sick or injured persons; and civil defense emergency vehicles);
(7)vehicles for the handicapped (vehicles constructed or modified for the transportation of handicapped persons);
(8)cargo vehicles (vehicles with a seating capacity of five persons or fewer, including the driver, which are equipped with a heavy-duty engine and transmission, and an inside or outside cargo area, and which are used for transporting equipment and supplies in the performance of regularly scheduled work assignments);
(9)carryall vehicles (vehicles constructed for off-road travel and which are so used in the performance of regularly scheduled work assignments); and
(10)revenue passenger service vehicles (vehicles with a seating capacity of 7 to 10 persons, including the driver, which are used for the primary purpose of transporting members of the public for a fare).
(d)The term public authority shall mean any public authority or public benefit corporation of which a majority of members is appointed by the Governor.
(e)The term rated fuel economy shall mean the combined city/highway average miles per gallon (mpg) rating for a passenger automobile, as determined by the Federal Environmental Protection Agency and published by the Federal General Services Administration.
(f)The term State agency shall mean any department, board, bureau, commission, division, office, council or agency of the State. The term State agency shall not include public authorities.

9 NYCRR 7823.3 - Responsibilities of the Office of General Services and public authorities

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(a)In fiscal years commencing on and after April 1, 1981, the Office of General Services and each public authority shall ensure that passenger automobiles acquired by all State agencies and by each such public authority, respectively, achieve the applicable average fuel economy prescribed in section 7823.4 of this Part.
(b)The average fuel economy for passenger automobiles acquired by State agencies shall be determined by adding the total number of passenger automobiles acquired in a fiscal year by such State agencies and dividing the total by a sum of terms, each term of which is a fraction created by dividing (1) the number of passenger automobiles so acquired of a given model type by (2) the rated fuel economy of such model type.
(c)The average fuel economy for each public authority shall be determined by dividing the total number of passenger automobiles acquired in a fiscal year by such public authority by a sum of terms, each term of which is a fraction created by dividing (1) the number of passenger automobiles so acquired of a given model type by (2) the rated fuel economy of such model type.

9 NYCRR 7823.4 - Average fuel economy

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Executive Department
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Source version current through
Oct 31, 2022

For fiscal years beginning April 1, 1981 and each April first thereafter, the average fuel economy shall be as follows:

Fiscal yearAverage fuel economy
1981-8224.0 miles per gallon (mpg)
1982-198326.0 miles per gallon (mpg)
1983-198427.0 miles per gallon (mpg)
1984 and thereafter27.5 miles per gallon (mpg)

9 NYCRR 7823.5 - Reporting requirements of State agencies and public authorities

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NYCRR title agency
Executive Department
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Section source receipt
Source version current through
May 15, 2022
(a)Each State agency which acquires a passenger automobile shall submit a copy of the purchase order to the Office of General Services simultaneously with the submission of the purchase order to the vendor of such automobile.
(b)The Office of General Services and each public authority shall submit a report to the State Energy Office, by September 30th of each year, containing the number of passenger automobiles acquired, by model type, during the prior fiscal year by all State agencies and each public authority, respectively, and the calculated average fuel economy for such automobiles.

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