Section 24-155
§ 24-155 Maintenance of equipment and apparatus. The owner of
equipment and apparatus shall maintain such equipment and apparatus in
good operating order by regular inspection and cleaning and by promptly
making repairs.
Section 24-156
§ 24-156 Use of equipment without using apparatus prohibited. (a)
Except as provided in subdivision (b) of this section, no person shall
cause or permit the use of equipment which is fitted with apparatus,
other than experimental apparatus, unless the required apparatus is
used.
(b) If equipment is fitted with apparatus and is designed to use more
than one kind of fuel, the equipment shall not be used unless the
apparatus appropriate for the particular fuel is used.
Section 24-158
§ 24-158 Use of department of sanitation refuse burning equipment
without control apparatus prohibited. (a) No person shall cause or
permit the use of any incinerator operated by the department of
sanitation unless there shall be installed therein control apparatus
which incorporates the most effective advances in the art of air
pollution control as determined by the commissioner but in no event
shall the emissions exceed those specified in figure four of section
24-145 of this code.
(b) The commissioner shall submit a report to the city council on the
first day of October and on the first day of April of each year setting
forth in detail the extent of compliance with subdivision (a) of this
section, the cause of whatever non-compliance may exist and what action
is being undertaken to assure compliance.
Section 24-159
§ 24-159 Use of less than fully automatic equipment using fuel oil and
use of any fuel burning equipment using residual fuel oil; supervision
by licensed person. No person shall cause or permit the use of fuel
burning equipment which uses fuel oil and is less than fully automatic,
or the use of fuel burning equipment, whether fully automatic or not,
which uses residual fuel oil, except under the direct supervision of a
person having a certificate of fitness as required by section 27-4014 of
the code.
Section 24-160
§ 24-160 Use of air contaminant recorder; boilers. No owner of a
boiler with a capacity of five hundred million Btu per hour or more
shall operate it without the installation and operation of an air
contaminant recorder.
Section 24-161
§ 24-161 Use of fuel burning equipment using residual fuel oil and use
of refuse burning equipment; operation and supervision by trained
person. (a) No person shall cause or permit the use of fuel burning
equipment using residual fuel oil, or of refuse burning equipment,
except under the operation and supervision of a person who has
successfully completed a course of instruction in air pollution control
approved by the commissioner or completes such course within six months
of his or her employment. For good cause shown, the department may
temporarily exempt persons from this requirement.
(b) The commissioner may approve courses of instruction maintained by
educational institutions, by industry, or by labor organizations.
(c) No person shall employ an operator or supervisor of fuel burning
equipment using residual fuel oil or of refuse burning equipment who
does not have an enrollment card or certificate issued by the
department.
Section 24-162
§ 24-162 Operation of refuse burning eqiupment, other than municipal;
time restriction. (a) No person shall cause or permit the operation of
refuse burning equipment, other than refuse burning equipment operated
by the department of sanitation, at any time other than between seven
a.m. and five p.m., of the same day, except with the approval of the
commissioner.
(b) The person seeking approval to operate refuse burning equipment at
a time other than that specified under subdivision (a) of this section
shall submit a written request in such form as prescribed by the
commissioner.
(c) No person shall cause or permit the resumption of use of refuse
burning equipment for which permission has been given for the
discontinuance of operation or for which an order of discontinuance has
been issued, unless permitted to do so by the commissioner.
Section 24-163
§ 24-163 Operation of motor vehicle; idling of engine restricted. (a)
No person shall cause or permit the engine of a motor vehicle, other
than a legally authorized emergency motor vehicle, to idle for longer
than three minutes, except as provided in subdivision (f) of this
section, while parking as defined in section one hundred twenty-nine of
the vehicle and traffic law, standing as defined in section one hundred
forty-five of the vehicle and traffic law, or stopping as defined in
section one hundred forty-seven of the vehicle and traffic law, unless
the engine is used to operate a loading, unloading or processing device.
When the ambient temperature is in excess of forty degrees Fahrenheit,
no person shall cause or permit the engine of a bus as defined in
section one hundred four of the vehicle and traffic law to idle while
parking, standing, or stopping (as defined above) at any terminal point,
whether or not enclosed, along an established route.
(b) The department of transportation shall post signs relating to
prohibited idling that shall comply with the standards set forth in the
Manual on Uniform Traffic Control Devices and, where practicable,
include the maximum penalty that may be imposed for a violation of
subdivision a of this section as follows:
(1) a sign shall be posted at each exit within the city of New York of
each bridge and tunnel having only one terminus in the city of New York;
(2) signs shall be posted at a minimum of five locations in each
borough where two or more truck routes, whether local or through routes,
intersect;
(3) a sign shall be posted at each bus layover area (other than school
bus layover areas), designated by the commissioner of transportation
pursuant to section 4-10(c)(3) of title 34 of the rules of the city of
New York;
(4) a sign shall be posted at each multiple use bus terminal point;
(5) a sign shall be posted in close proximity to each school bus
depot; and,
(6) signs shall be posted at other appropriate locations throughout
the city as jointly determined by the commissioner and the commissioner
of transportation, including but not limited to, locations for which the
city receives a substantial number of complaints of idling motor
vehicles.
(c) For the purpose of this section only the term "school bus depot"
shall mean any garage, lot or other facility where buses that transport
children to or from schools are parked over night and the term "multiple
use bus terminal point" shall mean a location that is both a terminal
point of at least one bus route (other than a school bus route) and a
bus stop (other than a school bus stop) on one or more other bus routes.
(d) In any proceeding relating to a violation of the restrictions on
idling it shall not be a defense that a sign required by this section
was absent at the time of the violation.
(e) In addition to the department and the police department, the
department of parks and recreation and the department of sanitation
shall have the authority to enforce subdivision a of this section and
shall have the power to issues summonses, appearance tickets and/or
notices of violation for violations of such subdivision.
(f) No person shall cause or permit the engine of a motor vehicle,
other than a legally authorized emergency motor vehicle, to idle for
longer than one minute if such motor vehicle is adjacent, as determined
by rule, to any public school under the jurisdiction of the New York
city department of education or to any non-public school that provides
educational instruction to students in any grade from pre-kindergarten
to the twelfth grade level, while parking as defined in section one
hundred twenty-nine of the vehicle and traffic law, standing as defined
in section one hundred forty-five of the vehicle and traffic law, or
stopping as defined in section one hundred forty-seven of the vehicle
and traffic law, unless the engine is used to operate a loading,
unloading or processing device, and provided that idling of an engine of
a school bus may be permitted to the extent necessary: (1) for
mechanical work; (2) to maintain an appropriate temperature for
passenger comfort; or (3) in emergency evacuations where necessary to
operate wheelchair lifts. It shall be an affirmative defense that any
such school was not easily identifiable as a school by signage or
otherwise at the time a violation of this subdivision occurred.
(g) A report shall be submitted to the city council on an annual basis
by: (1) the environmental control board that states the number of
notices of violation issued for engine idling violations returnable to
the environmental control board, including the total amount of penalties
imposed for such notices of violations; and (2) the department of
finance that states the number of summonses issued for engine idling
violations pursuant to subdivision (p) of section 4-08 of title 34 of
the rules of the city of New York, including the total amount of
penalties imposed for such summonses.
Section 24-163.1
§ 24-163.1 Purchase of cleaner light-duty and medium-duty vehicles. a.
Definitions. When used in this section or in section 24-163.2 of this
chapter:
(1) "Alternative fuel" means natural gas, liquefied petroleum gas,
hydrogen, electricity, and any other fuel which is at least eighty-five
percent, singly or in combination, methanol, ethanol, any other alcohol
or ether.
(2) "Alternative fuel motor vehicle" means a motor vehicle that is
operated using solely an alternative fuel or is operated using solely an
alternative fuel in combination with gasoline or diesel fuel, and shall
not include bi-fuel motor vehicles.
(3) "Average fuel economy" means the sum of the fuel economies of all
motor vehicles in a defined group divided by the number of motor
vehicles in such group.
(4) "Bi-fuel motor vehicle" means a motor vehicle that is capable of
being operated by both an alternative fuel and gasoline or diesel fuel,
but may be operated exclusively by any one of such fuels.
(5) "City agency" means a city, county, borough, administration,
department, division, bureau, board or commission, or a corporation,
institution or agency of government, the expenses of which are paid in
whole or in part from the city treasury.
(6) "Equivalent carbon dioxide" means the metric measure used to
compare the emissions from various greenhouse gases emitted by motor
vehicles based upon their global warming potential according to the
California air resources board or the United States environmental
protection agency.
(7) "Fuel economy" means the United States environmental protection
agency city mileage published label value for a particular motor
vehicle, pursuant to section 32908(b) of title 49 of the United States
code.
(8) "Gross vehicle weight rating" means the value specified by the
manufacturer of a motor vehicle model as the maximum design loaded
weight of a single vehicle of that model.
(9) "Light-duty vehicle" means any motor vehicle having a gross
vehicle weight rating of 8,500 pounds or less.
(10) "Medium-duty vehicle" means any motor vehicle having a gross
vehicle weight rating of more than 8,500 pounds but not more than 14,000
pounds.
(11) "Motor vehicle" means a vehicle operated or driven upon a public
highway which is propelled by any power other than muscular power,
except electrically-driven mobility assistance devices operated or
driven by a person with a disability, provided, however, that this term
shall not include vehicles that are specially equipped for emergency
response by the department, office of emergency management, sheriff's
office of the department of finance, police department, fire department
or department of correction.
(12) "Purchase" means purchase, lease, borrow, obtain by gift or
otherwise acquire.
(13) "Use-based fuel economy" means the total number of miles driven
by all light-duty and medium-duty vehicles in the city fleet during the
previous fiscal year divided by the total amount of fuel used by such
vehicles during the previous fiscal year.
b. (1) Except as provided for in paragraphs two and three of this
subdivision, beginning July 1, 2006, each light-duty vehicle and
medium-duty vehicle that the city purchases shall achieve the highest of
the following ratings, with subparagraph one of this paragraph being the
highest vehicle rating, applicable to motor vehicles certified to
California LEV II standards and available within the applicable model
year for a light-duty vehicle or medium-duty vehicle that meets the
requirements for the intended use by the city of such vehicle:
(i) zero emission vehicle (ZEV)
(ii) advanced technology partial zero emission vehicle (ATPZEV)
(iii) partial zero emission vehicle (PZEV)
(iv) super ultra low emission vehicle (SULEV)
(v) ultra low emission vehicle (ULEV)
(vi) low emission vehicle (LEV)
(2) The city shall not be required to purchase a zero emission vehicle
or advanced technology partial zero emission vehicle in accordance with
paragraph one of this subdivision if the only available vehicle or
vehicles that achieve such a rating cost greater than fifty percent more
than the lowest bid as determined by the applicable procurement process
for a vehicle available in the next highest rating category that meets
the requirements for the intended use by the city of such vehicle.
(3) Notwithstanding the requirements of paragraph one of this
subdivision, such requirements need not apply to a maximum of five
percent of the light-duty vehicles and medium-duty vehicles purchased
within each fiscal year.
(4) For the fiscal year beginning July 1, 2005, at least eighty
percent of the light-duty vehicles the city purchases in such fiscal
year shall be alternative fuel motor vehicles.
c. (1) The city shall not purchase additional bi-fuel motor vehicles.
(2) Any bi-fuel motor vehicle that is owned or operated by the city
shall be powered on the alternative fuel on which it is capable of
operating, except that such vehicle may be operated on gasoline or
diesel fuel (i) where, as of the date of enactment of this section, such
vehicle is no longer mechanically able to operate on such alternative
fuel and cannot be repaired, or (ii) solely for the period of time
recommended by the vehicle manufacturer.
d. (1) Not later than October 1, 2005, the city shall complete an
inventory of the fuel economy of all light-duty vehicles purchased by
the city during the fiscal year beginning July 1, 2004, and shall
calculate the average fuel economy of all such light-duty vehicles.
(2) The city shall achieve the following minimum percentage increases
in the average fuel economy of all light-duty vehicles purchased by the
city during the following fiscal years, relative to the average fuel
economy of all such vehicles purchased by the city during the fiscal
year beginning July 1, 2004, calculated pursuant to paragraph one of
this subdivision:
(i) For the fiscal year beginning July 1, 2006, five percent;
(ii) For the fiscal year beginning July 1, 2007, eight percent;
(iii) For the fiscal year beginning July 1, 2008, ten percent;
(iv) For the fiscal year beginning July 1, 2009, twelve percent;
(v) For the fiscal years beginning July 1, 2010 and July 1, 2011,
fifteen percent;
(vi) For the fiscal years beginning July 1, 2012, July 1, 2013 and
July 1, 2014, eighteen percent;
(vii) For the fiscal year beginning July 1, 2015, twenty percent;
(viii) For the fiscal year beginning July 1, 2016, twenty percent;
(ix) For the fiscal year beginning July 1, 2017, twenty-five percent;
(x) For the fiscal year beginning July 1, 2018, twenty-five percent;
(xi) For the fiscal year beginning July 1, 2019, thirty percent;
(xii) For the fiscal year beginning July 1, 2020, thirty percent;
(xiii) For the fiscal year beginning July 1, 2021, thirty-five
percent; and
(xiv) For the fiscal year beginning July 1, 2022, and for each fiscal
year thereafter, forty percent.
e. (1) Not later than January 1, 2007, and not later than January 1 of
each year thereafter, the mayor shall submit to the comptroller and the
speaker of the council a report regarding the city's purchase of
light-duty vehicles and medium-duty vehicles during the immediately
preceding fiscal year. The information contained in this report shall
also be included in the preliminary mayor's management report and the
mayor's management report for the relevant fiscal year and shall
include, but not be limited to, for each city agency: (i) the total
number of light-duty vehicles and medium-duty vehicles and all other
motor vehicles, respectively, purchased by such agency; (ii) the total
number of light-duty vehicles and medium-duty vehicles, respectively,
purchased by such agency that are certified to California LEV II
standards in each of the six rating categories listed in subdivision b
of this section, disaggregated according to vehicle model; (iii) the
reason as to why each vehicle model was purchased, rather than a vehicle
model rated in a higher category listed in subdivision b of this
section; (iv) if an available zero emission vehicle or advanced
technology partial zero emission vehicle is not purchased, in accordance
with paragraph two of subdivision b of this section, specific
information regarding the cost analysis that formed the basis for such
decision; (v) the percentage of light-duty vehicles and medium-duty
vehicles purchased within each fiscal year in accordance with paragraphs
one and two of subdivision b of this section; and (vi) for the report
required not later than January 1, 2007, the percentage of light-duty
vehicles purchased by the city during the fiscal year beginning July 1,
2005 that were alternative fuel motor vehicles.
(2) Not later than January 1, 2007, and not later than January 1 of
each year thereafter, the mayor shall submit to the comptroller and the
speaker of the council a report regarding the fuel economy of light-duty
vehicles purchased by the city during the immediately preceding fiscal
year. The information contained in this report shall also be included in
the preliminary mayor's management report and the mayor's management
report for the relevant fiscal year and shall include, but not be
limited to: (i) the average fuel economy of all light-duty vehicles
purchased by the city during the preceding fiscal year; and (ii) the
percentage increase in the average fuel economy of all such light-duty
vehicles, relative to the average fuel economy of all light-duty
vehicles purchased by the city during the fiscal year beginning July 1,
2004, calculated pursuant to paragraph one of subdivision d of this
section, that this total amount represents.
(3) Not later than January 1, 2016, and not later than January 1 of
each year thereafter, the mayor shall submit to the comptroller and the
speaker of the council a report regarding the use-based fuel economy for
the immediately preceding fiscal year. The information contained in such
report shall also be included in the preliminary mayor's management
report and the mayor's management report for the relevant fiscal year.
f. (1) Beginning July 1, 2006, for each fiscal year, the city shall
measure the amount of fuel consumed by the city's fleet of motor
vehicles and the equivalent carbon dioxide emitted by such vehicles, for
each type of fuel consumed by such vehicles.
(2) For the fiscal year beginning July 1, 2006, and for each fiscal
year thereafter, the department shall publish on its website by October
1 following the close of each fiscal year and the mayor shall include in
the preliminary mayor's management report and the mayor's management
report for the relevant fiscal year the estimated total amount of fuel
consumed by the city's fleet of motor vehicles and the estimated total
amount of equivalent carbon dioxide emitted by such vehicles,
disaggregated according to fuel type. For the purposes of this
subdivision, the city's fleet of motor vehicles shall include vehicles
specially equipped for emergency response by the department, office of
emergency management, sheriff's office of the department of finance,
police department or fire department.
g. This section shall not apply:
(1) where federal or state funding precludes the city from imposing
the purchasing requirements of this section;
(2) to purchases that are emergency procurements pursuant to section
three hundred fifteen of the charter; or
(3) except for subdivision f of this section, to diesel fuel-powered
motor vehicles subject to paragraph two of subdivision b of section
24-163.4 of this chapter.
h. To the extent not prohibited by law, alternative fuel motor
vehicles may be purchased by the city in concert with any public or
private entity.
Section 24-163.10
§ 24-163.10 Use of auxiliary power units in ambulances. a. When used
in this section, "auxiliary power unit" means a device located on or in
a vehicle that supplies cooling, heating and electrical power to such
vehicle while the vehicle's engine is turned off. Not later than January
first, two thousand fourteen, the fire department shall develop and
implement a pilot project for a period of not less than one year to
ascertain the benefits and reliability of utilizing auxiliary power
units in ambulances operated by the city of New York. Such pilot project
shall employ auxiliary power units to power the ambulance's electrical
load, diagnostic devices, ancillary electrical equipment, tools and
cabin temperature without the need to engage the engine or use another
source of power.
b. Not later than July first, two thousand fifteen, the fire
department shall submit a report to the mayor and the speaker of the
council detailing the findings of such pilot project, including but not
limited to data on actual reduction in vehicular emissions, and a
cost-benefit analysis for equipping the entire ambulance fleet with
auxiliary power units.
Section 24-163.2
§ 24-163.2 Alternative fuel buses and sanitation vehicles. a.
Definitions. When used in this section:
(1) "Alternative fuel bus" means a bus that is operated using solely
an alternative fuel or is operated using solely an alternative fuel in
combination with gasoline or diesel fuel, and shall not include bi-fuel
motor vehicles.
(2) "Alternative fuel sanitation vehicle" means a sanitation vehicle
that is operated using solely an alternative fuel or is operated using
solely an alternative fuel in combination with gasoline or diesel fuel,
and shall not include bi-fuel motor vehicles.
(3) "Alternative fuel street sweeping vehicle" means a vehicle used by
the department of sanitation for street cleaning purposes that is
operated using solely an alternative fuel or is operated using solely an
alternative fuel in combination with gasoline or diesel fuel, and shall
not include bi-fuel motor vehicles.
(4) "Bus" means a motor vehicle that is designed to transport more
than twenty individuals.
(5) "Recyclable materials" means solid waste that may be separated,
collected, processed, marketed and returned to the economy in the form
of raw materials or products, including but not limited to types of
metal, glass, paper, plastic, food waste, tires and yard waste.
(6) "Sanitation vehicle" means a vehicle used by the department of
sanitation for street cleaning purposes or for the collection of solid
waste or recyclable materials.
(7) "Solid waste" means all materials or substances discarded or
rejected as being spent, useless, or worthless, including but not
limited to garbage, refuse, industrial and commercial waste, sludges
from air or water pollution control facilities or water supply treatment
facilities, rubbish, ashes, contained gaseous material, incinerator
residue, demolition and construction debris and offal, but not including
sewage and other highly diluted water-carried materials or substances
and those in gaseous forms.
b. For the fiscal year commencing July 1, 2005, and for each fiscal
year thereafter, at least twenty percent of the buses the city purchases
in such fiscal year shall be alternative fuel buses.
c. (1) Beginning no later than March 1, 2006, the commissioner of
sanitation shall implement a program for testing the mechanical
reliability and operational feasibility of alternative fuel street
sweeping vehicles. Such program shall include a pilot project regarding
the exclusive utilization of alternative fuel street sweeping vehicles
in at least four sanitation districts, to be identified at the
discretion of the commissioner of sanitation. At least one such district
shall be located in an area where high rates of asthma are found and the
commissioner shall consider asthma rates in his or her determination of
where such other districts will be located.
(2) The department of sanitation shall collect and analyze data to
further develop its initiatives for and assess the feasibility of
incorporating new alternative fuel sanitation vehicles and technology
into its fleet.
d. (1) Not later than January 1, 2007, and not later than January 1 of
each year thereafter, the mayor shall submit to the comptroller and the
speaker of the council a report regarding the city's purchase of
alternative fuel buses during the immediately preceding fiscal year.
This report shall be included in the mayor's preliminary management
report and the mayor's management report for the relevant fiscal year
and shall include, but not be limited to: (i) the total number of buses
purchased by the city in the preceding fiscal year; (ii) the number of
such buses that are alternative fuel buses, disaggregated according to
agency, bus model and type of alternative fuel used; and * (iii) the
determination, if any, by the commissioner of correction that there were
no alternative fuel buses available that met such department's needs
pertaining to bus size, passenger capacity and security during the
preceding fiscal year and the detailed analysis that formed the basis
for such determination, and, where the department of correction has not
purchased an alternative fuel bus due to cost, as provided for in
paragraph three of subdivision g of this section, the detailed cost
analysis that formed the basis for such decision.
* NB Expired January 1, 2010
(2) Not later than January 1, 2007, and not later than January 1 of
each year thereafter, the commissioner of sanitation shall report to the
mayor, the comptroller and the speaker of the council on the department
of sanitation's alternative fuel street sweeping vehicle pilot project
and all testing, analyses and assessments completed pursuant to
subdivision c of this section. Such report shall include, but not be
limited to: (i) a description of all testing, analyses and assessments,
respectively, completed pursuant to that subdivision and all conclusions
based upon such testing, analyses and assessments, including specific
information regarding efforts made by the department of sanitation to
further develop initiatives for the incorporation of alternative fuel
sanitation vehicles into its fleet, in addition to specific information
regarding the feasibility of incorporating such vehicles into such
fleet; (ii) the number of alternative fuel street sweeping vehicles
included in the pilot project required pursuant to paragraph one of that
subdivision, the districts where such vehicles are located and the type
of alternative fuel used by such vehicles; and, (iii) the total number
of alternative fuel sanitation vehicles owned or operated by the
department of sanitation, disaggregated according to vehicle model and
type of alternative fuel used.
e. Purchases of alternative fuel buses that exceed the minimum
mandatory purchase requirements of subdivision b of this section for a
particular fiscal year may be used to satisfy such applicable
requirements for the immediately succeeding fiscal year.
f. To the extent not prohibited by law, alternative fuel buses and
alternative fuel sanitation vehicles may be purchased by the city in
concert with any public or private entity.
g. This section shall not apply:
(1) where federal or state funding precludes the city from imposing
the purchasing requirements of this section; or
(2) to purchases that are emergency procurements pursuant to section
three hundred fifteen of the charter.
h. The commissioner may by rule require periodic testing of
alternative fuel buses and the submission of information concerning the
operation and maintenance of such buses purchased or newly operated in
the city to ensure compliance with this section and to collect
information for reports required by this section.
i. The commissioner may order the owner or operator of a bus to which
this section applies to conduct such tests, or the department may
conduct such tests, as are necessary in the opinion of the commissioner
to determine whether such bus is in compliance with this section.
j. The department may inspect at a reasonable time and in a reasonable
manner any equipment, apparatus, fuel, matter or thing that affects or
may affect the proper maintenance or operation of an alternative fuel
bus to which this section applies.
Section 24-163.3
§ 24-163.3 Use of ultra low sulfur diesel fuel and best available
technology in nonroad vehicles. a. For purposes of this section only,
the following terms shall have the following meanings:
(1) "City agency" means a city, county, borough, administration,
department, division, bureau, board or commission, or a corporation,
institution or agency of government, the expenses of which are paid in
whole or in part from the city treasury.
(2) "Contractor" means any person or entity that enters into a public
works contract with a city agency, or any person or entity that enters
into an agreement with such person or entity, to perform work or provide
labor or services related to such public works contract.
(3) "Lower Manhattan" means the area of New York county consisting of
the area to the south of and within Fourteenth street.
(4) "Motor vehicle" means any self-propelled vehicle designed for
transporting persons or property on a street or highway.
(5) "Nonroad engine" means an internal combustion engine (including
the fuel system) that is not used in a motor vehicle or a vehicle used
solely for competition, or that is not subject to standards promulgated
under section 7411 or section 7521 of title 42 of the United States
code, except that this term shall apply to internal combustion engines
used to power generators, compressors or similar equipment used in any
construction program or project.
(6) "Nonroad vehicle" means a vehicle that is powered by a nonroad
engine, fifty horsepower and greater, and that is not a motor vehicle or
a vehicle used solely for competition, which shall include, but not be
limited to, excavators, backhoes, cranes, compressors, generators,
bulldozers and similar equipment, except that this term shall not apply
to horticultural maintenance vehicles used for landscaping purposes that
are powered by a nonroad engine of sixty-five horsepower or less and
that are not used in any construction program or project.
(7) "Person" means any natural person, co-partnership, firm, company,
association, joint stock association, corporation or other like
organization.
(8) "Public works contract" means a contract with a city agency for a
construction program or project involving the construction, demolition,
restoration, rehabilitation, repair, renovation, or abatement of any
building, structure, tunnel, excavation, roadway, park or bridge; a
contract with a city agency for the preparation for any construction
program or project involving the construction, demolition, restoration,
rehabilitation, repair, renovation, or abatement of any building,
structure, tunnel, excavation, roadway, park or bridge; or a contract
with a city agency for any final work involved in the completion of any
construction program or project involving the construction, demolition,
restoration, rehabilitation, repair, renovation, or abatement of any
building, structure, tunnel, excavation, roadway, park or bridge.
(9) "Ultra low sulfur diesel fuel" means diesel fuel that has a sulfur
content of no more than fifteen parts per million.
b. (1) Any diesel-powered nonroad vehicle that is owned by, operated
by or on behalf of, or leased by a city agency shall be powered by ultra
low sulfur diesel fuel.
(2) Any diesel-powered nonroad vehicle that is owned by, operated by
or on behalf of, or leased by a city agency shall utilize the best
available technology for reducing the emission of pollutants.
c. (1) Any solicitation for a public works contract and any contract
entered into as a result of such solicitation shall include a
specification that all contractors in the performance of such contract
shall use ultra low sulfur diesel fuel in diesel-powered nonroad
vehicles and all contractors in the performance of such contract shall
comply with such specification.
(2) Any solicitation for a public works contract and any contract
entered into as a result of such solicitation shall include a
specification that all contractors in the performance of such contract
shall utilize the best available technology for reducing the emission of
pollutants for diesel-powered nonroad vehicles and all contractors in
the performance of such contract shall comply with such specification.
d. (1) The commissioner shall make determinations, and shall publish a
list containing such determinations, as to the best available technology
for reducing the emission of pollutants to be used for each type of
diesel-powered nonroad vehicle to which this section applies for the
purposes of paragraph two of subdivision b and paragraph two of
subdivision c of this section. Each such determination, which shall be
updated on a regular basis, but in no event less than once every six
months, shall be primarily based upon the reduction in emissions of
particulate matter and secondarily based upon the reduction in emissions
of nitrogen oxides associated with the use of such technology and shall
in no event result in an increase in the emissions of either such
pollutant. In determining the best available technology for reducing the
emission of pollutants, the commissioner shall select technology from
that which has been verified by the United States environmental
protection agency or the California air resources board for use in
nonroad vehicles or onroad vehicles where such technology may also be
used in nonroad vehicles, but the commissioner may select technology
that is not verified as such as is deemed appropriate.
(2) No city agency or contractor shall be required to replace best
available technology for reducing the emission of pollutants or other
authorized technology utilized for a diesel-powered nonroad vehicle in
accordance with the provisions of this section within three years of
having first utilized such technology for such vehicle.
e. A city agency shall not enter into a public works contract subject
to the provisions of this section unless such contract permits
independent monitoring of the contractor's compliance with the
requirements of this section and requires that the contractor comply
with section 24-163 of this code. If it is determined that the
contractor has failed to comply with any provision of this section, any
costs associated with any independent monitoring incurred by the city
shall be reimbursed by the contractor.
f. (1) The provisions of subdivision b of this section shall apply to
any diesel-powered nonroad vehicle in use in Lower Manhattan that is
owned by, operated by or on behalf of, or leased by a city agency and
the provisions of subdivision c of this section shall apply to any
public works contract for Lower Manhattan upon the effective date of
this section.
(2) The provisions of paragraph one of subdivision b of this section
shall apply to all diesel-powered nonroad vehicles that are owned by,
operated by or on behalf of, or leased by a city agency and the
provisions of paragraph one of subdivision c of this section shall apply
to all public works contracts six months after the effective date of
this section.
(3) The provisions of paragraph two of subdivision b of this section
shall apply to all diesel-powered nonroad vehicles that are owned by,
operated by or on behalf of, or leased by a city agency and the
provisions of paragraph two of subdivision c of this section shall apply
to any public works contract that is valued at two million dollars or
more one year after the effective date of this section.
(4) The provisions of paragraph two of subdivision c of this section
shall apply to all public works contracts eighteen months after the
effective date of this section.
g. (1) On or before January 1, 2005, and every succeeding January 1,
the commissioner shall report to the comptroller and the speaker of the
council on the use of ultra low sulfur diesel fuel in diesel-powered
nonroad vehicles and the use of the best available technology for
reducing the emission of pollutants and such other authorized technology
in accordance with this section for such vehicles by city agencies
during the immediately preceeding fiscal year. This report shall
include, but not be limited to (i) the total number of diesel-powered
nonroad vehicles owned by, operated by or on behalf of, or leased by
each city agency or used to fulfill the requirements of a public works
contract for each city agency; (ii) the number of such nonroad vehicles
that were powered by ultra low sulfur diesel fuel; (iii) the number of
such nonroad vehicles that utilized the best available technology for
reducing the emission of pollutants, including a breakdown by vehicle
model and the type of technology used for each vehicle; (iv) the number
of such nonroad vehicles that utilized such other authorized technology
in accordance with this section, including a breakdown by vehicle model
and the type of technology used for each vehicle; (v) the locations
where such nonroad vehicles that were powered by ultra low sulfur diesel
fuel and/or utilized the best available technology for reducing the
emission of pollutants or such other authorized technology in accordance
with this section were used; (vi) all findings, and renewals of such
findings, issued pursuant to subdivision j of this section, which shall
include, but not be limited to, for each finding and renewal, the
quantity of diesel fuel needed by the city agency or contractor to power
diesel-powered nonroad vehicles owned by, operated by or on behalf of,
or leased by the city agency or used to fulfill the requirements of a
public works contract for such agency; specific information concerning
the availability of ultra low sulfur diesel fuel or diesel fuel that has
a sulfur content of no more than thirty parts per million where a
determination is in effect pursuant to subdivision i of this section;
and detailed information concerning the city agency's or contractor's
efforts to obtain ultra low sulfur diesel fuel or diesel fuel that has a
sulfur content of no more than thirty parts per million where a
determination is in effect pursuant to subdivision i of this section;
and (vii) all findings and waivers, and renewals of such findings and
waivers, issued pursuant to paragraph one or paragraph three of
subdivision k or subdivision m of this section, which shall include, but
not be limited to, all specific information submitted by a city agency
or contractor upon which such findings, waivers and renewals are based
and the type of such other authorized technology, if any, utilized in
accordance with this section in relation to each finding, waiver and
renewal, instead of the best available technology for reducing the
emission of pollutants.
(2) Where a determination is in effect pursuant to subdivision i of
this section, information regarding diesel fuel that has a sulfur
content of no more than thirty parts per million shall be reported
wherever information is requested for ultra low sulfur diesel fuel
pursuant to paragraph one of this subdivision.
h. This section shall not apply:
(1) where federal or state funding precludes the city from imposing
the requirements of this section; or
(2) to purchases that are emergency procurements pursuant to section
three hundred fifteen of the charter.
i. The commissioner shall issue a written determination that permits
the use of diesel fuel that has a sulfur content of no more than thirty
parts per million to fulfill the requirements of paragraph one of
subdivision b and paragraph one of subdivision c of this section if
ultra low sulfur diesel fuel is not available to meet the needs of city
agencies and contractors to fulfill the requirements of this section.
Such determination shall expire after six months and shall be renewed in
writing every six months if ultra low sulfur diesel fuel is not
available to meet the needs of city agencies and contractors to fulfill
the requirements of this section, but in no event shall be in effect
after September 1, 2006.
j. Paragraph one of subdivision b and paragraph one of subdivision c,
as that paragraph applies to all contractors' duty to comply with the
specification, of this section shall not apply to a city agency or
contractor in its fulfillment of the requirements of a public works
contract for such agency where such agency makes a written finding,
which is approved, in writing, by the commissioner, that a sufficient
quantity of ultra low sulfur diesel fuel, or diesel fuel that has a
sulfur content of no more than thirty parts per million where a
determination is in effect pursuant to subdivision i of this section, is
not available to meet the requirements of paragraph one of subdivision b
or paragraph one of subdivision c of this section, provided that such
agency or contractor in its fulfillment of the requirements of a public
works contract for such agency, to the extent practicable, shall use
whatever quantity of ultra low sulfur diesel fuel or diesel fuel that
has a sulfur content of no more than thirty parts per million is
available. Any finding made pursuant to this subdivision shall expire
after sixty days, at which time the requirements of paragraph one of
subdivision b and paragraph one of subdivision c of this section shall
be in full force and effect unless the city agency renews the finding in
writing and such renewal is approved by the commissioner.
k. Paragraph two of subdivision b and paragraph two of subdivision c,
as that paragraph applies to all contractors' duty to comply with the
specification, of this section shall not apply:
(1) to a diesel-powered nonroad vehicle where a city agency makes a
written finding, which is approved, in writing, by the commissioner,
that the best available technology for reducing the emission of
pollutants as required by those paragraphs is unavailable for such
vehicle, in which case such agency or contractor shall use whatever
technology for reducing the emission of pollutants, if any, is available
and appropriate for such vehicle; or
(2) to a diesel-powered nonroad vehicle that is used to satisfy the
requirements of a specific public works contract for fewer than twenty
calendar days; or
(3) to a diesel-powered nonroad vehicle where the commissioner has
issued a written waiver based upon a city agency or contractor having
demonstrated to the commissioner that the use of the best available
technology for reducing the emission of pollutants might endanger the
operator of such vehicle or those working near such vehicle, due to
engine malfunction, in which case such city agency or contractor shall
use whatever technology for reducing the emission of pollutants, if any,
is available and appropriate for such vehicle, which would not endanger
the operator of such vehicle or those working near such vehicle.
l. In determining which technology to use for the purposes of
paragraph one or paragraph three of subdivision k of this section, a
city agency or contractor shall primarily consider the reduction in
emissions of particulate matter and secondarily consider the reduction
in emissions of nitrogen oxides associated with the use of such
technology, which shall in no event result in an increase in the
emissions of either such pollutant.
m. Any finding or waiver made or issued pursuant to paragraph one or
paragraph three of subdivision k of this section shall expire after one
hundred eighty days, at which time the requirements of paragraph two of
subdivision b and paragraph two of subdivision c of this section shall
be in full force and effect unless the city agency renews the finding,
in writing, and the commissioner approves such finding, in writing, or
the commissioner renews the waiver, in writing.
n. Any contractor who violates any provision of this section, except
as provided in subdivision o of this section, shall be liable for a
civil penalty between the amounts of one thousand and ten thousand
dollars, in addition to twice the amount of money saved by such
contractor for failure to comply with this section.
o. No contractor shall make a false claim with respect to the
provisions of this section to a city agency. Where a contractor has been
found to have done so, such contractor shall be liable for a civil
penalty of twenty thousand dollars, in addition to twice the amount of
money saved by such contractor in association with having made such
false claim.
p. This section shall not apply to any public works contract entered
into or renewed prior to the effective date of this section.
q. Nothing in this section shall be construed to limit the city's
authority to cancel or terminate a contract, deny or withdraw approval
to perform a subcontract or provide supplies, issue a non-responsibility
finding, issue a non-responsiveness finding, deny a person or entity
pre-qualification as a vendor, or otherwise deny a person or entity city
business.
Section 24-163.4
§ 24-163.4 Use of ultra low sulfur diesel fuel and best available
retrofit technology by the city's diesel fuel-powered motor vehicles. a.
Definitions. When used in this section:
(1) "Best available retrofit technology" means technology, verified by
the United States environmental protection agency or the California air
resources board, for reducing the emission of pollutants that achieves
reductions in particulate matter emissions at the highest classification
level for diesel emission control strategies, as set forth in
subdivision d of this section, that is applicable to the particular
engine and application. Such technology shall also, at a reasonable
cost, achieve the greatest reduction in emissions of nitrogen oxides at
such particulate matter reduction level and shall in no event result in
a net increase in the emissions of either particulate matter or nitrogen
oxides.
(2) "City agency" means a city, county, borough, administration,
department, division, bureau, board or commission, or a corporation,
institution or agency of government, the expenses of which are paid in
whole or in part from the city treasury.
(3) "Gross vehicle weight rating" means the value specified by the
manufacturer of a motor vehicle model as the maximum design loaded
weight of a single vehicle of that model.
(4) "Motor vehicle" means a vehicle operated or driven upon a public
highway which is propelled by any power other than muscular power,
except electrically-driven mobility assistance devices operated or
driven by a person with a disability, provided, however, that this term
shall not include vehicles that are specially equipped for emergency
response by the department, office of emergency management, sheriff's
office of the department of finance, police department or fire
department or vehicles, other than buses, specially equipped for
emergency response by the department of correction.
(5) "Person" means any natural person, co-partnership, firm, company,
association, joint stock association, corporation or other like
organization.
(6) "Reasonable cost" means that such technology does not cost greater
than thirty percent more than other technology applicable to the
particular engine and application that falls within the same
classification level for diesel emission control strategies, as set
forth in subdivision d of this section, when considering the cost of the
strategies, themselves, and the cost of installation.
(7) "Ultra low sulfur diesel fuel" means diesel fuel that has a sulfur
content of no more than fifteen parts per million.
(8) "Biodiesel" means a fuel, designated B100, that is composed
exclusively of mono-alkyl esters of long chain fatty acids derived from
feedstock and that meets the specifications of the American society of
testing and materials designation D 6751-12.
b. (1) Each diesel fuel-powered motor vehicle owned or operated by a
city agency shall be powered by an ultra low sulfur diesel fuel blend
containing biodiesel as follows:
i. for the fiscal years beginning July 1, 2014, and July 1, 2015, an
ultra low sulfur diesel fuel blend containing at least five percent
biodiesel (B5) by volume; and
ii. for the fiscal year beginning July 1, 2016, and thereafter,
between the months of April to November, inclusive, an ultra low sulfur
diesel fuel blend containing at least twenty percent biodiesel (B20) by
volume, and between the months of December to March, inclusive, an ultra
low sulfur diesel fuel blend containing at least five percent biodiesel
(B5) by volume.
(2) Diesel fuel-powered motor vehicles having a gross vehicle weight
rating of more than 8,500 pounds that are owned or operated by city
agencies shall utilize the best available retrofit technology or be
equipped with an engine certified to the applicable 2007 United States
environmental protection agency standard for particulate matter as set
forth in section 86.007-11 of title 40 of the code of federal
regulations or to any subsequent United States environmental protection
agency standard for such pollutant that is at least as stringent,
pursuant to the following schedule:
i. 7% of all such motor vehicles by January 1, 2007;
ii. 14% of all such motor vehicles by January 1, 2008;
iii. 30% of all such motor vehicles by January 1, 2009;
iv. 50% of all such motor vehicles by January 1, 2010;
v. 70% of all such motor vehicles by January 1, 2011;
vi. 90% of all such motor vehicles by January 1, 2012;
vii. 100% of all such motor vehicles by July 1, 2012.
(3) Notwithstanding any provision of subdivision c of this section,
diesel fuel-powered motor vehicles having a gross vehicle weight rating
of more than 8,500 pounds that are owned or operated by city agencies
shall utilize the best available retrofit technology that meets the
level 4 emission control strategy as defined in subdivision d of this
section, or be equipped with an engine certified to the applicable 2007
United States environmental protection agency standard for particulate
matter as set forth in section 86.007-11 of title 40 of the code of
federal regulations or to any subsequent United States environmental
protection agency standard for such pollutant that is at least as
stringent, pursuant to the following schedule:
i. 50% of all such motor vehicles by January 1, 2014;
ii. 70% of all such motor vehicles by January 1, 2015;
iii. 80% of all such motor vehicles by January 1, 2016; and
iv. 90% of all such motor vehicles by January 1, 2017.
c. (1) The commissioner shall make determinations, and shall publish a
list containing such determinations, as to the best available retrofit
technology to be used for each type of diesel fuel-powered motor vehicle
to which this section applies. Each such determination shall be reviewed
and revised, as needed, on a regular basis, but in no event less often
than once every six months.
(2) The commissioner may determine that a technology, whether or not
it has been verified by the United States environmental protection
agency or the California air resources board, may be appropriate to
test, on an experimental basis, on a particular type of diesel
fuel-powered motor vehicle owned or operated by a city agency. The
commissioner may authorize such technology to be installed on up to five
percent or twenty-five of such type of motor vehicle, whichever is less.
Any motor vehicle on which such technology is installed may be counted
for the purpose of meeting the requirements of paragraph two of
subdivision b of this section. Such technology shall not be required to
be installed on other motor vehicles of the same type and shall be
subject to the provisions of paragraph three of this subdivision.
(3) No city agency shall be required to replace best available
retrofit technology or experimental technology utilized for a diesel
fuel-powered motor vehicle in accordance with the provisions of this
section within three years of having first utilized such technology for
such vehicle, except that technology that falls within Level 4, as set
forth in subdivision d of this section, shall not be required to be
replaced until it has reached the end of its useful life.
d. The classification levels for diesel emission control strategies
are as follows, with Level 4 being the highest classification level:
i. Level 4 - strategy reduces diesel particulate matter emissions by
85 percent or greater or reduces engine emissions to less than or equal
to 0.01 grams diesel particulate matter per brake horsepower-hour;
ii. Level 3 - strategy reduces diesel particulate matter emissions by
between 50 and 84 percent;
iii. Level 2 - strategy reduces diesel particulate matter emissions by
between 25 and 49 percent;
iv. Level 1 - strategy reduces diesel particulate matter emissions by
between 20 and 24 percent.
e. The commissioner shall issue a written determination that permits
the use of diesel fuel that has a sulfur content of no more than thirty
parts per million to fulfill the requirements of this section if ultra
low sulfur diesel fuel is not available to meet the needs of city
agencies to fulfill the requirements of this section. Such determination
shall expire after six months and shall be renewed in writing every six
months if such lack of availability persists, but in no event shall be
in effect after September 1, 2006.
f. (1) The commissioner may issue a waiver for the use of ultra low
sulfur diesel fuel where a city agency makes a written finding, which is
approved, in writing, by the commissioner, that a sufficient quantity of
ultra low sulfur diesel fuel, or diesel fuel that has a sulfur content
of no more than thirty parts per million where a determination is in
effect pursuant to subdivision e of this section, is not available to
meet the requirements of this section, provided that such agency, to the
extent practicable, shall use whatever quantity of ultra low sulfur
diesel fuel or diesel fuel that has a sulfur content of no more than
thirty parts per million is available for its diesel fuel-powered motor
vehicles. Any waiver issued pursuant to this paragraph shall expire
after two months, unless the city agency renews the finding, in writing,
and the commissioner approves such renewal, in writing.
(2) The commissioner may issue a waiver for the use of an ultra low
sulfur diesel fuel blend that contains the amount of biodiesel required
pursuant to subdivision b of this section where a city agency makes a
written finding, which is approved, in writing, by the commissioner,
that a sufficient quantity of such ultra low sulfur diesel fuel blend
containing biodiesel is not available to meet the requirements of this
section. Any waiver issued pursuant to this paragraph shall expire after
two months, unless the city agency renews the finding, in writing, and
the commissioner approves such renewal, in writing.
(3) The commissioner may issue a waiver for the use of an ultra low
sulfur diesel fuel blend that contains the amount of biodiesel required
pursuant to subdivision b of this section where a city agency makes a
written finding, which is approved, in writing, by the commissioner,
that the use of biodiesel in a particular type of motor vehicle would
void the manufacturer's warranty for such vehicle.
g. (1) Not later than January 1, 2007, and not later than January 1 of
each year thereafter, the commissioner shall submit a report to the
comptroller and the speaker of the council regarding, among other
things, the use of ultra low sulfur diesel fuel and the use of the best
available retrofit technology by diesel fuel-powered motor vehicles
owned or operated by city agencies during the immediately preceding
calendar year. The information contained in this report shall include,
but not be limited to, for each city agency: (i) the total number of
diesel fuel-powered motor vehicles owned or operated by such agency;
(ii) the number of such motor vehicles that were powered by ultra low
sulfur diesel fuel; (iii) the total number of diesel fuel-powered motor
vehicles owned or operated by such agency having a gross vehicle weight
rating of more than 8,500 pounds; (iv) the number of such motor vehicles
that utilized the best available retrofit technology, including a
breakdown by motor vehicle model, engine year and the type of technology
used for each vehicle; (v) the number of such motor vehicles that are
equipped with an engine certified to the applicable 2007 United States
environmental protection agency standard for particulate matter as set
forth in section 86.007-11 of title 40 of the code of federal
regulations or to any subsequent United States environmental protection
agency standard for particulate matter that is at least as stringent;
(vi) the number of such motor vehicles that utilized technology in
accordance with paragraph two of subdivision c of this section and the
results and analyses regarding the testing of such technology; and (vii)
all waivers, findings, and renewals of such findings, issued pursuant to
subdivision f of this section, which, for each waiver, shall include,
but not be limited to, the quantity of diesel fuel needed to power
diesel fuel-powered motor vehicles owned or operated by such agency;
specific information concerning the availability of ultra low sulfur
diesel fuel or diesel fuel that has a sulfur content of no more than
thirty parts per million where a determination is in effect pursuant to
subdivision e of this section; and detailed information concerning the
agency's efforts to obtain ultra low sulfur diesel fuel or diesel fuel
that has a sulfur content of no more than thirty parts per million where
a determination is in effect pursuant to subdivision e of this section.
(2) Where a determination is in effect pursuant to subdivision e of
this section, information regarding diesel fuel that has a sulfur
content of no more than thirty parts per million shall be reported
wherever information is requested for ultra low sulfur diesel fuel
pursuant to paragraph one of this subdivision.
(3) The report due January 1, 2007 in accordance with paragraph one of
this subdivision shall only include the information required pursuant to
subparagraphs (i), (ii) and (vii) of such paragraph.
h. This section shall not apply:
(1) where federal or state funding precludes the city from imposing
the requirements of this section; or
(2) to purchases that are emergency procurements pursuant to section
three hundred fifteen of the charter.
i. B20 winter pilot program. Not later than December 1, 2016, the
commissioner of citywide administrative services shall establish a pilot
program to determine the feasibility of utilizing an ultra low sulfur
diesel fuel blend containing at least twenty percent biodiesel (B20) by
volume in city-owned diesel fuel-powered motor vehicles during the
months of December to March, inclusive. The pilot program shall include
not less than five percent of the city's total diesel fuel-powered motor
vehicle fleet, which shall be representative of the vehicle types and
operating conditions of the fleet as a whole, and shall include vehicles
from the department of citywide administrative services, department of
environmental protection, department of parks and recreation, department
of sanitation, and department of transportation and vehicles from other
city agencies at the discretion of the commissioner of citywide
administrative services. Such pilot program shall continue until March
31 of the second calendar year after such pilot program was initiated,
and within four months of the conclusion of such pilot program, the
commissioner of citywide administrative services shall issue a report to
the mayor and the speaker of the council detailing the findings of such
pilot program with recommendations for the use of an ultra low sulfur
diesel fuel blend containing at least twenty percent biodiesel (B20) by
volume in city-owned diesel fuel-powered motor vehicles during the
months of December to March, inclusive.
Section 24-163.5
§ 24-163.5 Use of ultra low sulfur diesel fuel and best available
retrofit technology in the fulfillment of solid waste contracts and
recyclable materials contracts. a. Definitions. When used in this
section:
(1) "Best available retrofit technology" means technology, verified by
the United States environmental protection agency or the California air
resources board unless as otherwise deemed appropriate by the
commissioner for a nonroad vehicle, for reducing the emission of
pollutants that achieves reductions in particulate matter emissions at
the highest classification level for diesel emission control strategies,
as set forth in subdivision d of this section, that is applicable to the
particular engine and application. Such technology shall also, at a
reasonable cost, achieve the greatest reduction in emissions of nitrogen
oxides at such particulate matter reduction level and shall in no event
result in a net increase in the emissions of either particulate matter
or nitrogen oxides.
(2) "City agency" means a city, county, borough, administration,
department, division, bureau, board or commission, or a corporation,
institution or agency of government, the expenses of which are paid in
whole or in part from the city treasury.
(3) "Contractor" means any person or entity that enters into a solid
waste contract or recyclable materials contract with a city agency, or
any person or entity that enters into an agreement with such person or
entity, to perform work or provide labor or services related to such
solid waste contract or recyclable materials contract.
(4) "Motor vehicle" shall mean a vehicle operated or driven upon a
public highway which is propelled by any power other than muscular
power, except electrically-driven mobility assistance devices operated
or driven by a person with a disability.
(5) "Nonroad engine" means an internal combustion engine (including
the fuel system) that is not used in a motor vehicle or a vehicle used
solely for competition, or that is not subject to standards promulgated
under section 7411 or section 7521 of title 42 of the United States
code, except that this term shall apply to internal combustion engines
used to power generators, compressors or similar equipment used in the
fulfillment of any solid waste contract or recyclable materials
contract.
(6) "Nonroad vehicle" means a vehicle that is powered by a nonroad
engine, fifty horsepower and greater, and that is not a motor vehicle or
a vehicle used solely for competition, which shall include, but not be
limited to, front loaders, excavators, backhoes, cranes, compressors,
generators, bulldozers and similar equipment.
(7) "Operate primarily within the city of New York" means that greater
than fifty percent of the time spent or miles traveled by a motor
vehicle or nonroad vehicle during the performance of a solid waste
contract or recyclable materials contract occurs within the city of New
York.
(8) "Person" means any natural person, co-partnership, firm, company,
association, joint stock association, corporation or other like
organization.
(9) "Reasonable cost" means that such technology does not cost greater
than thirty percent more than other technology applicable to the
particular engine and application that falls within the same
classification level for diesel emission control strategies, as set
forth in subdivision d of this section, when considering the cost of the
strategies, themselves, and the cost of installation.
(10) "Recyclable materials" means solid waste that may be separated,
collected, processed, marketed and returned to the economy in the form
of raw materials or products, including but not limited to types of
metal, glass, paper, plastic, food waste, tires and yard waste.
(11) "Recyclable materials contract" means a contract with a city
agency, the primary purpose of which is to provide for the handling,
transport or disposal of recyclable materials.
(12) "Solid waste" means all materials or substances discarded or
rejected as being spent, useless, or worthless, including but not
limited to garbage, refuse, industrial and commercial waste, sludges
from air or water pollution control facilities or water supply treatment
facilities, rubbish, ashes, contained gaseous material, incinerator
residue, demolition and construction debris and offal, but not including
sewage and other highly diluted water-carried materials or substances
and those in gaseous forms.
(13) "Solid waste contract" means a contract with a city agency, the
primary purpose of which is to provide for the handling, transport or
disposal of solid waste.
(14) "Ultra low sulfur diesel fuel" means diesel fuel that has a
sulfur content of no more than fifteen parts per million.
b. (1) Any solid waste contract or recyclable materials contract shall
specify that all diesel fuel-powered motor vehicles and diesel
fuel-powered nonroad vehicles used in the performance of such contract
that operate primarily within the city of New York shall be powered by
ultra low sulfur diesel fuel and all contractors in the performance of
such contract shall comply with such specification.
(2) Any solid waste contract or recyclable materials contract shall
specify that, as of March 1, 2006, all diesel fuel-powered motor
vehicles and diesel fuel-powered nonroad vehicles used in the
performance of such contract that operate primarily within the city of
New York shall utilize the best available retrofit technology and all
contractors in the performance of such contract shall comply with such
specification.
(3) Notwithstanding any provision of subdivision c of this section,
any solid waste contract or recyclable materials contract entered into
pursuant to requests for bids and/or requests for proposals issued after
the effective date of the local law that added this paragraph shall
specify that, as of January 1, 2017, all diesel fuel-powered motor
vehicles used in the performance of such contract that operate primarily
within the city of New York shall utilize the best available retrofit
technology that meets the level 4 emission control strategy as defined
in subdivision d of this section, or be equipped with an engine
certified to the applicable 2007 United States environmental protection
agency standard for particulate matter as set forth in section 86.007-11
of title 40 of the code of federal regulations or to any subsequent
United States environmental protection agency standard for such
pollutant that is at least as stringent, and all contractors in the
performance of such contract shall comply with such specification.
c. (1) The commissioner shall make determinations, and shall publish a
list containing such determinations, as to the best available retrofit
technology to be used for each type of diesel fuel-powered motor vehicle
and diesel fuel-powered nonroad vehicle to which this section applies.
Each such determination shall be reviewed and revised, as needed, on a
regular basis, but in no event less often than once every six months.
(2) No contractor shall be required to replace best available retrofit
technology or other authorized technology utilized for a diesel
fuel-powered motor vehicle or diesel fuel-powered nonroad vehicle in
accordance with the provisions of this section within three years of
having first utilized such technology for such vehicle, except that
technology that falls within Level 4, as set forth in subdivision d of
this section, shall not be required to be replaced until it has reached
the end of its useful life.
d. The classification levels for diesel emission control strategies
are as follows, with Level 4 being the highest classification level:
i. Level 4 - strategy reduces diesel particulate matter emissions by
85 percent or greater or reduces engine emissions to less than or equal
to 0.01 grams diesel particulate matter per brake horsepower-hour;
ii. Level 3 - strategy reduces diesel particulate matter emissions by
between 50 and 84 percent;
iii. Level 2 - strategy reduces diesel particulate matter emissions by
between 25 and 49 percent;
iv. Level 1 - strategy reduces diesel particulate matter emissions by
between 20 and 24 percent.
e. A city agency shall not enter into a solid waste contract or
recyclable materials contract subject to the provisions of this section
unless such contract permits independent monitoring of the contractor's
compliance with the requirements of this section and requires that the
contractor comply with section 24-163 of this code. If it is determined
that the contractor has failed to comply with any provision of this
section, any costs associated with any independent monitoring incurred
by the city shall be reimbursed by the contractor.
f. The commissioner shall issue a written determination that permits
the use of diesel fuel that has a sulfur content of no more than thirty
parts per million to fulfill the requirements of paragraph one of
subdivision b of this section if ultra low sulfur diesel fuel is not
available to meet the needs of contractors to fulfill the requirements
of this section. Such determination shall expire after six months and
shall be renewed in writing every six months if such lack of
availability persists, but in no event shall be in effect after
September 1, 2006.
g. The commissioner may issue a waiver for the use of ultra low sulfur
diesel fuel where the city agency that has entered into the applicable
solid waste contract or recyclable materials contract makes a written
finding, which is approved, in writing, by the commissioner, that a
sufficient quantity of ultra low sulfur diesel fuel, or diesel fuel that
has a sulfur content of no more than thirty parts per million where a
determination is in effect pursuant to subdivision f of this section, is
not available to meet the requirements of this section, provided that
the contractor, to the extent practicable, shall use whatever quantity
of ultra low sulfur diesel fuel or diesel fuel that has a sulfur content
of no more than thirty parts per million is available for its diesel
fuel-powered vehicles. Any waiver issued pursuant to this subdivision
shall expire after two months, unless the city agency renews the
finding, in writing, and the commissioner approves such renewal, in
writing.
h. The commissioner may issue a waiver for the use of the best
available retrofit technology by a diesel fuel-powered motor vehicle or
diesel fuel-powered nonroad vehicle where the city agency that has
entered into the applicable solid waste contract or recyclable materials
contract makes a written finding, which is approved, in writing, by the
commissioner, that such technology is unavailable for purchase for such
vehicle, in which case the contractor shall be required to use the
technology for reducing the emission of pollutants that would be the
next best best available retrofit technology and that is available for
purchase for such vehicle. Any waiver issued pursuant to this
subdivision shall expire after three years. The commissioner shall not
renew any waiver issued pursuant to this subdivision after January 1,
2014.
i. (1) Paragraph two of subdivision b of this section shall not apply
to a diesel-fuel powered motor vehicle that is equipped with an engine
certified to the applicable 2007 United States environmental protection
agency standard for particulate matter as set forth in section 86.007-11
of title 40 of the code of federal regulations or to any subsequent
United States environmental protection agency standard for such
pollutant that is at least as stringent.
(2) Paragraph two of subdivision b of this section shall not apply to
a diesel-fuel powered nonroad vehicle that is equipped with an engine
certified to the applicable United States environmental protection
agency standard for particulate matter for such vehicle as set forth in
the Control of Emissions of Air Pollution from Nonroad Diesel Engines
and Fuel; Final Rule, published in the federal register on June 29, 2004
at 69 Fed. Reg. 38,958 et seq., or to any subsequent United States
environmental protection agency standard for such pollutant that is at
least as stringent.
j. (1) Not later than January 1, 2007, and not later than January 1 of
each year thereafter, the commissioner shall submit a report to the
comptroller and the speaker of the council regarding, among other
things, the use of ultra low sulfur diesel fuel and the use of the best
available retrofit technology by diesel fuel-powered motor vehicles and
diesel fuel-powered nonroad vehicles used in the performance of a solid
waste contract or recyclable materials contract during the immediately
preceding fiscal year. This report shall include, but not be limited to:
(i) the total number of diesel fuel-powered motor vehicles and diesel
fuel-powered nonroad vehicles, respectively, used in the performance of
solid waste contracts or recyclable materials contracts; (ii) the number
of such motor vehicles and nonroad vehicles, respectively, that were
powered by ultra low sulfur diesel fuel; (iii) the number of such motor
vehicles and nonroad vehicles, respectively, that utilized the best
available retrofit technology, including a breakdown by vehicle model,
engine year and the type of technology used for each vehicle; (iv) the
number of such motor vehicles and nonroad vehicles, respectively, that
utilized other authorized technology in accordance with this section,
including a breakdown by vehicle model, engine year and the type of
technology used for each vehicle; (v) the number of such motor vehicles
and nonroad vehicles, respectively, that are equipped with an engine
certified to the applicable United States environmental protection
agency standard for particulate matter in accordance with subdivision i
of this section; (vi) the locations where such motor vehicles and
nonroad vehicles, respectively, that were powered by ultra low sulfur
diesel fuel, utilized the best available retrofit technology, utilized
such other authorized technology in accordance with this section or were
equipped with an engine certified to the applicable United States
environmental protection agency standard for particulate matter were
used; (vii) all waivers, findings, and renewals of such findings, issued
pursuant to subdivision g of this section, which shall include, but not
be limited to, for each waiver, the quantity of diesel fuel needed by
the contractor to power diesel fuel-powered motor vehicles and diesel
fuel-powered nonroad vehicles used to fulfill the requirements of a
solid waste contract or recyclable materials contract; specific
information concerning the availability of ultra low sulfur diesel fuel
or diesel fuel that has a sulfur content of no more than thirty parts
per million where a determination is in effect pursuant to subdivision f
of this section; and detailed information concerning the contractor's
efforts to obtain ultra low sulfur diesel fuel or diesel fuel that has a
sulfur content of no more than thirty parts per million where a
determination is in effect pursuant to subdivision f of this section;
and (viii) all waivers issued pursuant to subdivision h of this section,
which shall include, but not be limited to, all findings and specific
information submitted by the city agency or contractor upon which such
waivers are based and the type of other authorized technology utilized
in accordance with this section in relation to each waiver, instead of
the best available retrofit technology.
(2) Where a determination is in effect pursuant to subdivision f of
this section, information regarding diesel fuel that has a sulfur
content of no more than thirty parts per million shall be reported
wherever information is requested for ultra low sulfur diesel fuel
pursuant to paragraph one of this subdivision.
k. This section shall not apply:
(1) where federal or state funding precludes the city from imposing
the requirements of this section; or
(2) to purchases that are emergency procurements pursuant to section
three hundred fifteen of the charter.
l. Any contractor who violates any provision of this section, except
as provided in subdivision m of this section, shall be liable for a
civil penalty of not less than one thousand dollars and not more than
ten thousand dollars, in addition to twice the amount of money saved by
such contractor for failure to comply with this section.
m. Where a contractor has been found to have made a false claim with
respect to the provisions of this section, such contractor shall be
liable for an additional civil penalty of twenty thousand dollars.
n. This section shall not apply to any solid waste contract or
recyclable materials contract entered into or renewed prior to the
effective date of this section.
o. Nothing in this section shall be construed to limit the city's
authority to cancel or terminate a contract, deny or withdraw approval
to perform a subcontract or provide supplies, issue a non-responsibility
finding, issue a non-responsiveness finding, deny a person or entity
pre-qualification as a vendor, or otherwise deny a person or entity city
business.
Section 24-163.6
§ 24-163.6 Use of best available retrofit technology by sight-seeing
buses. a. Definitions. When used in this section:
(1) "Best available retrofit technology" means technology, verified by
the United States environmental protection agency or the California air
resources board, for reducing the emission of pollutants that achieves
reductions in particulate matter emissions at the highest classification
level for diesel emission control strategies, as set forth in
subdivision d of this section, that is applicable to the particular
engine and application. Such technology shall also, at a reasonable
cost, achieve the greatest reduction in emissions of nitrogen oxides at
such particulate matter reduction level and shall in no event result in
a net increase in the emissions of either particulate matter or nitrogen
oxides.
(2) "Reasonable cost" means that such technology does not cost greater
than thirty percent more than other technology applicable to the
particular engine and application that falls within the same
classification level for diesel emission control strategies, as set
forth in subdivision d of this section, when considering the cost of the
strategies, themselves, and the cost of installation.
(3) "Sight-seeing bus" means a motor vehicle designed to comfortably
seat and carry eight or more passengers operating for hire from a fixed
point in the city of New York to a place or places of interest or
amusements, and shall also include a vehicle, designed as aforesaid
which by oral or written contract is let and hired or otherwise engaged
for its exclusive use for a specific or special trip or excursion from a
starting point within the city of New York.
b. (1) Beginning January 1, 2007, any diesel fuel-powered sight-seeing
bus that is licensed pursuant to subchapter 21 of chapter 2 of title 20
of the administrative code and that is equipped with an engine that is
over three years old shall utilize the best available retrofit
technology.
(2) Notwithstanding any provision of subdivision c of this section,
any diesel fuel-powered sight-seeing bus that is licensed pursuant to
subchapter 21 of chapter 2 of title 20 of the administrative code shall
utilize the best available retrofit technology that meets the level 4
emission control strategy as defined in subdivision d of this section,
or be equipped with an engine certified to the applicable 2007 United
States environmental protection agency standard for particulate matter
as set forth in section 86.007-11 of title 40 of the code of federal
regulations or to any subsequent United States environmental protection
agency standard for such pollutant that is at least as stringent, by
January 1, 2017.
c. (1) The commissioner shall make determinations, and shall publish a
list containing such determinations, as to the best available retrofit
technology to be used for each type of diesel fuel-powered sight-seeing
bus to which this section applies. Each such determination shall be
reviewed and revised, as needed, on a regular basis, but in no event
less often than once every six months.
(2) No owner or operator of a diesel fuel-powered sight-seeing bus
licensed pursuant to the provisions of subchapter 21 of chapter 2 of
title 20 of the administrative code shall be required to replace best
available retrofit technology or other authorized technology utilized
for a diesel fuel-powered bus in accordance with the provisions of this
section within three years of having first utilized such technology for
such bus, except that technology that falls within Level 4, as set forth
in subdivision d of this section, shall not be required to be replaced
until it has reached the end of its useful life.
d. The classification levels for diesel emission control strategies
are as follows, with Level 4 being the highest classification level:
i. Level 4 - strategy reduces diesel particulate matter emissions by
85 percent or greater or reduces engine emissions to less than or equal
to 0.01 grams diesel particulate matter per brake horsepower-hour;
ii. Level 3 - strategy reduces diesel particulate matter emissions by
between 50 and 84 percent;
iii. Level 2 - strategy reduces diesel particulate matter emissions by
between 25 and 49 percent;
iv. Level 1 - strategy reduces diesel particulate matter emissions by
between 20 and 24 percent.
e. The commissioner may issue a waiver for the use of the best
available retrofit technology by a diesel fuel-powered sight-seeing bus
where the department of consumer affairs makes a written finding, which
is approved, in writing, by the commissioner, that such technology is
unavailable for purchase for such bus, in which case the owner or
operator of such bus shall be required to use the technology for
reducing the emission of pollutants that would be the next best best
available retrofit technology and that is available for purchase for
such bus. Any waiver issued pursuant to this subdivision shall expire
after three years. The commissioner shall not renew any waiver issued
pursuant to this subdivision after January 1, 2014.
f. The requirements of subdivision b of this section shall not apply
to a diesel-fuel powered sight-seeing bus that is equipped with an
engine certified to the applicable 2007 United States environmental
protection agency standard for particulate matter as set forth in
section 86.007-11 of title 40 of the code of federal regulations or to
any subsequent United States environmental protection agency standard
for such pollutant that is at least as stringent.
g. Not later than January 1, 2008, and not later than January 1 of
each year thereafter, the commissioner shall submit a report to the
comptroller and the speaker of the council regarding, among other
things, the use of the best available retrofit technology by diesel
fuel-powered sight-seeing buses during the immediately preceding fiscal
year. This report shall include, but not be limited to: (i) the total
number of diesel fuel-powered sight-seeing buses licensed pursuant to
subchapter 21 of chapter 2 of title 20 of the administrative code; (ii)
the number of such buses that utilized the best available retrofit
technology, including a breakdown by vehicle model, engine year and the
type of technology used for each vehicle; (iii) the number of such buses
that utilized other authorized technology in accordance with this
section, including a breakdown by vehicle model, engine year and the
type of technology used for each vehicle; (iv) the number of such buses
that are equipped with an engine certified to the applicable United
States environmental protection agency standard for particulate matter
in accordance with subdivision f of this section; (v) the locations
where such buses that utilized the best available retrofit technology,
utilized such other authorized technology in accordance with this
section or were equipped with an engine certified to the applicable
United States environmental protection agency standard for particulate
matter were used; (vi) the age of the engine with which each bus that
did not utilize the best available retrofit technology is equipped; and
(vii) all waivers issued pursuant to subdivision e of this section,
which shall include, but not be limited to, all findings and specific
information submitted by the department of consumer affairs or the owner
or operator of a diesel fuel-powered sight-seeing bus upon which such
waivers are based and the type of other authorized technology utilized
in accordance with this section in relation to each waiver, instead of
the best available retrofit technology.
h. Any owner or operator of a diesel fuel-powered sight-seeing bus who
violates any provision of this section, except as provided in
subdivision i of this section, shall be liable for a civil penalty of
not less than one thousand dollars and not more than ten thousand
dollars, in addition to twice the amount of money saved by such owner or
operator for failure to comply with this section.
i. Where an owner or operator of a diesel fuel-powered sight-seeing
bus has been found to have made a false claim with respect to the
provisions of this section, such owner or operator shall be liable for
an additional civil penalty of twenty thousand dollars.
Section 24-163.7
§ 24-163.7 Use of ultra low sulfur diesel fuel and best available
retrofit technology in school bus transportation. a. Definitions. For
the purposes of this section only, the following terms shall have the
following meanings:
(1) "Best available retrofit technology" means technology, verified by
the United States environmental protection agency or the California air
resources board, for reducing the emission of pollutants that achieves
reductions in particulate matter emissions at the highest classification
level for diesel emission control strategies, as set forth in
subdivision e of this section, that is applicable to the particular
engine and application. Such technology shall also, at a reasonable
cost, achieve the greatest reduction in emissions of nitrogen oxides at
such particulate matter reduction level and shall in no event result in
a net increase in the emissions of either particulate matter or nitrogen
oxides.
(2) "Department of education" means the New York city department of
education, formerly known as the New York city board of education, and
any successor agency or entity thereto, the expenses of which are paid
in whole or in part from the city treasury.
(3) "Person" means any natural person, partnership, firm, company,
association, joint stock association, corporation or other legal entity.
(4) "Reasonable cost" means that such technology does not cost greater
than thirty percent more than other technology applicable to the
particular engine and application that falls within the same
classification level for diesel emission control strategies, as set
forth in subdivision e of this section, when considering the cost of the
strategies, themselves, and the cost of installation.
(5) "School bus" means any vehicle operated pursuant to a school bus
contract, designed to transport ten or more children at one time, of the
designation "Type C bus" or "Type D bus" as set forth in 17 NYCRR §§
720.1(Z) and (AA), and used to transport children to or from any school
located in the city of New York, and excluding any vehicle utilized
primarily to transport children with special educational needs who do
not travel to and from school in vehicles used to transport general
education students.
(6) "School bus contract" means any agreement between any person and
the department of education to transport children on a school bus.
(7) "Ultra low sulfur diesel fuel" means diesel fuel that has a sulfur
content of no more than fifteen parts per million.
b. (1) Beginning July 1, 2006, any diesel fuel-powered school bus that
is operated by a person who fuels such school bus at any facility at
which ultra low sulfur diesel fuel is available, or of which such person
has the exclusive use and control, or at which such person has the
ability to specify the fuel to be made available, shall be powered by
ultra low sulfur diesel fuel.
(2) Beginning September 1, 2006, any diesel fuel-powered school bus to
which paragraph one of this subdivision does not apply shall be powered
by ultra low sulfur diesel fuel.
c. Diesel fuel-powered school buses shall utilize the best available
retrofit technology in accordance with the following schedule:
i. 50% of school buses used to fulfill each school bus contract by
September 1, 2006;
ii. 100% of school buses used to fulfill each school bus contract by
September 1, 2007.
d. (1) The commissioner shall make determinations, and shall publish a
list containing such determinations, as to the best available retrofit
technology to be used for each type of diesel fuel-powered school bus to
which this section applies. Each such determination shall be reviewed
and revised, as needed, on a regular basis, but in no event less often
than once every six months.
(2) No person shall be required to replace best available retrofit
technology or other authorized technology utilized for a diesel
fuel-powered school bus in accordance with the provisions of this
section within three years of having first utilized such technology for
such bus, except that technology that falls within Level 4, as set forth
in subdivision e of this section, shall not be required to be replaced
until it has reached the end of its useful life.
(3) For purposes of this subdivision, any best available retrofit
technology, or substantially similar technology, purchased or installed
in whole or in part with funds provided by the state of New York or the
federal government pursuant to a specific diesel emissions reduction
program in effect upon the date of enactment of this section, shall
constitute the best available retrofit technology for a period of not
less than three years from the date on which such equipment was
installed.
e. The classification levels for diesel emission control strategies
are as follows, with Level 4 being the highest classification level:
i. Level 4 - strategy reduces diesel particulate matter emissions by
85 percent or greater or reduces engine emissions to less than or equal
to 0.01 grams diesel particulate matter per brake horsepower-hour;
ii. Level 3 - strategy reduces diesel particulate matter emissions by
between 50 and 84 percent;
iii. Level 2 - strategy reduces diesel particulate matter emissions by
between 25 and 49 percent;
iv. Level 1 - strategy reduces diesel particulate matter emissions by
between 20 and 24 percent.
f. The commissioner shall issue a written determination that permits
the use of diesel fuel that has a sulfur content of no more than thirty
parts per million to fulfill the requirements of subdivision b of this
section if ultra low sulfur diesel fuel is not available to meet the
needs of school buses to fulfill the requirements of this section. Such
determination shall expire after six months and shall be renewed in
writing every six months thereafter if such lack of availability
persists, but in no event shall be in effect after September 1, 2006.
g. The commissioner may issue a waiver for the use of ultra low sulfur
diesel fuel where the department of education makes a written finding,
which is approved, in writing, by the commissioner, that a sufficient
quantity of ultra low sulfur diesel fuel, or diesel fuel that has a
sulfur content of no more than thirty parts per million where a
determination is in effect pursuant to subdivision f of this section, is
not available to meet the requirements of this section, provided that
school buses, to the extent practicable, shall use whatever quantity of
ultra low sulfur diesel fuel or diesel fuel that has a sulfur content of
no more than thirty parts per million is available. Any waiver issued
pursuant to this subdivision shall expire after two months, unless the
city agency renews the finding, in writing, and the commissioner
approves renewal, in writing.
h. The commissioner may issue a waiver for the use of the best
available retrofit technology by a diesel fuel-powered school bus where
the department of education makes a written finding, which is approved,
in writing, by the commissioner, that such technology is unavailable for
purchase for such bus, in which case the owner or operator of such
school bus shall be required to use the technology for reducing the
emission of pollutants that would be the next best best available
retrofit technology and that is available for purchase for such bus. Any
waiver issued pursuant to this subdivision shall expire after three
years.
i. Subdivision c of this section shall not apply to a diesel-fuel
powered school bus that is equipped with an engine certified to the
applicable 2007 United States environmental protection agency standard
for particulate matter as set forth in section 86.007-11 of title 40 of
the code of federal regulations or to any subsequent United States
environmental protection agency standard for such pollutant that is at
least as stringent.
j. (1) Not later than January 1, 2007, and not later than January 1 of
each year thereafter, the commissioner shall submit a report to the
comptroller and the speaker of the council regarding, among other
things, the use of ultra low sulfur diesel fuel and the use of the best
available retrofit technology by school buses during the immediately
preceding fiscal year. The information contained in this report shall
also be included in the mayor's preliminary management report and the
mayor's management report for the relevant fiscal year and shall
include, but not be limited to: (i) the number of school buses used to
fulfill the requirements of school bus contracts; (ii) the number of
such buses that were powered by ultra low sulfur diesel fuel; (iii) the
number of such buses that utilized the best available retrofit
technology, including a breakdown by vehicle model, engine year and the
type of technology used for each vehicle; (iv) the number of such buses
that utilized other authorized technology in accordance with this
section, including a breakdown by vehicle model, engine age and the type
of technology used for each vehicle; (v) the number of such buses that
are equipped with an engine certified to the applicable United States
environmental protection agency standard for particulate matter in
accordance with subdivision i of this section; (vi) the school districts
where such buses that were powered by ultra low sulfur diesel fuel,
utilized the best available retrofit technology, utilized such other
authorized technology in accordance with this section or were equipped
with an engine certified to the applicable United States environmental
protection agency standard for particulate matter were used; (vii) all
waivers, findings and renewals of such findings issued pursuant to
subdivision g of this section, which shall include, but not be limited
to, for each waiver, the quantity of diesel fuel needed by the school
bus owner or operator to power diesel fuel-powered school buses used to
fulfill the requirements of a school bus contract; specific information
concerning the availability of ultra low sulfur diesel fuel or diesel
fuel that has a sulfur content of no more than thirty parts per million
where a determination is in effect pursuant to subdivision f of this
section; and detailed information concerning the school bus owner's or
operator's efforts to obtain ultra low sulfur diesel fuel or diesel fuel
that has a sulfur content of no more than thirty parts per million where
a determination is in effect pursuant to subdivision f of this section;
and (viii) all waivers issued pursuant to subdivision h of this section,
which shall include, but not be limited to, all findings and specific
information submitted by the department of education or a school bus
owner or operator upon which such waivers are based and the type of
other authorized technology utilized in accordance with this section in
relation to each waiver, instead of the best available retrofit
technology.
(2) Where a determination is in effect pursuant to subdivision f of
this section, information regarding diesel fuel that has a sulfur
content of no more than thirty parts per million shall be reported
wherever information is requested for ultra low sulfur diesel fuel
pursuant to paragraph one of this subdivision.
k. This section shall not apply:
(1) where federal or state funding precludes the city from imposing
the requirements of this section;
(2) to purchases that are emergency procurements pursuant to section
three hundred fifteen of the New York city charter; or
(3) where federal or state law prohibits the application of the
requirements of this section.
l. Any person who violates any provision of this section, except as
provided in subdivision m of this section, shall be liable for a civil
penalty of not less than one thousand dollars and not more than ten
thousand dollars, in addition to twice the amount of money saved by such
person for failure to comply with this section.
m. Where a person has been found to have made a false claim with
respect to the provisions of this section, such person shall be liable
for an additional civil penalty of twenty thousand dollars.
n. This section shall not apply to any school bus contract entered
into or renewed prior to the effective date of this section.
o. Nothing in this section shall be construed to limit the authority
of the department of education or of the city of New York to cancel or
terminate a contract, deny or withdraw approval to perform a subcontract
or provide supplies, issue a non-responsibility finding, issue a
non-responsiveness finding, deny a person or entity prequalification as
a vendor, or otherwise deny a person or entity city business.
Section 24-163.8
§ 24-163.8 Use of ultra low sulfur diesel fuel in diesel-powered
generators used in the production of films, television programs and
advertisements, and at street fairs. a. Definitions. When used in this
chapter:
(1) "Alternative fuel" means a fuel, other than gasoline or standard
diesel fuel, which may be used to power a generator subject to the
provisions of this section so long as the respective quantities of each
pollutant emitted by such generator when operated using such fuel do not
exceed the respective quantities of each pollutant emitted when such
generator is operated using ultra low sulfur diesel fuel.
(2) "City agency" means a city, county, borough, administration,
department, division, bureau, board or commission, or a corporation,
institution or agency of government, the expenses of which are paid in
whole or in part from the city treasury.
(3) "Generator" means a machine or device that combusts fossil fuel to
create electricity.
(4) "Person" means any natural person, partnership, firm, company,
association, joint stock association, corporation or other legal entity.
(5) "Ultra low sulfur diesel fuel" means diesel fuel that has a sulfur
content of no more than fifteen parts per million.
b. (1) Any diesel-powered generator that is used to provide electrical
power for equipment used in the production of any film, television
program or advertisement, or for a street fair, where such production or
street fair requires a permit from a city agency, shall be powered by
ultra low sulfur diesel fuel.
(2) The mayor's office of film, theatre, and broadcasting shall issue
to all film, television and advertising production companies that apply
for a filming permit a notice that recites the provisions of this
section and states that any diesel-powered generator that is utilized in
a film, television or advertising production must use ultra low sulfur
diesel fuel or an alternative fuel.
(3) The street activity permit office shall issue to all applicants
for a street activity permit for a street fair a notice that recites the
provisions of this section and states that any diesel-powered generator
that is utilized for a street fair must use ultra low sulfur diesel fuel
or an alternative fuel.
c. Any person who violates any provision of this section or has been
found to have made a false claim to a city agency with respect to the
provisions of this section shall be liable for a civil penalty in the
amount of five hundred dollars for each false claim to a city agency and
five hundred dollars for each day in which they are otherwise in
violation of such provision.
Section 24-163.9
§ 24-163.9 Retrofitting of and age limitations on diesel fuel-powered
school buses.
a. Definitions. For the purposes of this section only, the following
terms shall have the following meanings:
(1) "Department of education" means the New York city department of
education, formerly known as the New York city board of education, and
any successor agency or entity thereto, the expenses of which are paid
in whole or in part from the city treasury.
(2) "Person" means any natural person, partnership, firm, company,
association, joint stock association, corporation or other legal entity.
(3) "School bus" means any vehicle of the designation "Type A bus,"
"Type B bus," "Type C bus," or "Type D bus," as set forth in
subdivisions x, y, z, and aa of section 720.1 of title seventeen of New
York codes, rules and regulations, that is operated pursuant to a school
bus contract and is used to transport children to or from any school
located in the city of New York.
(4) "School bus contract" means any agreement between any person and
the department of education to transport children on a school bus.
b. Diesel fuel-powered school buses shall utilize a closed crankcase
ventilation system, selected from among the mobile sources devices
identified and approved as part of the diesel retrofit verified
technologies list by the United States environmental protection agency
or the list of currently verified diesel emission control strategies by
the California air resources board, to reduce engine emissions to the
school bus cabin, in accordance with the following schedule:
(1) fifty percent of diesel fuel-powered school buses used to fulfill
each school bus contract shall be equipped with such a closed crankcase
ventilation system by September 1, 2010;
(2) one hundred percent of diesel fuel-powered school buses used to
fulfill each school bus contract shall be equipped with such a closed
crankcase ventilation system by September 1, 2011;
c. Diesel fuel-powered school buses shall not be used to fulfill any
school bus contract beyond the end of the sixteenth year from the date
of manufacture, as noted on the vehicle registration, or the end of the
school year in which that date falls, whichever is later.
d. School buses shall be replaced pursuant to subdivision c of this
section with (1) a school bus meeting the most recent diesel engine
emissions standards issued by the United States environmental protection
agency, or (2) an all-electric, gasoline-powered, compressed natural
gas, or hybrid school bus, as long as the particulate matter emissions
of such school bus do not exceed emission levels permitted in the most
recent diesel engine emissions standards issued by the United States
environmental protection agency.
e. No later than December 31, 2011, and no later than December 31 of
every year thereafter, the department of education shall submit a report
to the mayor and the speaker of the council on compliance with this
section. Such report shall include, but not be limited to, data on the
age and crankcase ventilation retrofit status of every school bus
pursuant to a school bus contract. The department of education shall
also perform yearly reviews on a sample of school buses from at least
ten different vendors to verify the accuracy of data reported.
f. This section shall not apply:
(1) where federal or state funding precludes the city from imposing
the requirements of this section;
(2) to purchases that are emergency procurements pursuant to section
three hundred fifteen of the New York city charter; or
(3) where federal or state law prohibits the application of the
requirements of this section.
g. Any person who violates any provision of this section, except as
provided in subdivision h of this section, shall be liable for a civil
penalty of not less than one thousand dollars and not more than ten
thousand dollars, in addition to twice the amount of money saved by such
person for failure to comply with this section.
h. Where a person has been found to have made a false claim with
respect to the provisions of this section, such person shall be liable
for an additional civil penalty of twenty thousand dollars.
i. Nothing in this section shall be construed to limit the authority
of the department of education or of the city of New York to cancel or
terminate a contract, deny or withdraw approval to perform a subcontract
or provide supplies, issue a non-responsibility finding, issue a
non-responsiveness finding, deny a person or entity prequalification as
a vendor, or otherwise deny a person or entity city business.
Section 24-164
§ 24-164 Operation of soot blower of vessels prohibited. No person
shall cause or permit the soot blower of a vessel, other than a vessel
which travels only in waters within the jurisdiction of the city of New
York, to operate while the vessel is within the waters of the city.
Section 24-165
§ 24-165 Use of air contaminant detector; use of contaminant recorder;
recording of time, duration, concentration and density of air
contaminant. (a) Whenever the use of an air contaminant detector is
required by this code, the air contaminant detector must automatically
cause both an audible signal sufficiently loud to be heard by a person
of normal hearing twenty feet from the detector and a readily visible
flashing red light upon the emission of an air contaminant of a density
which appears darker than number one on the standard smoke chart, or of
an opacity which obscures vision to a degree greater than smoke of
number one density on the standard smoke chart.
(b) The signalling devices of the air contaminant detector shall also
be located at the principal work location of the person supervising the
equipment.
(c) If two or more units of equipment are connected to a single flue,
one air contaminant detector may be used if installed to monitor all of
the units.
(d) If the light source of a photoelectric type of air contaminant
detector fails to operate properly, the detector must automatically
cause an audible signal sufficiently loud to be heard by a person of
normal hearing twenty feet away from the detector and a readily visible
flashing red light which shall continue to operate until manually reset.
(e) Whenever the use of an air contaminant recorder is required by
this code, the air contaminant recorder must:
(1) continuously produce a record of the time, duration, concentration
and density of an air contaminant of a density which appears darker than
number one on the standard smoke chart, or of an opacity which obscures
vision to a degree greater than number one; or
(2) continuously produce a record of the time, duration, and
concentration of sulfur dioxide and nitrogen oxides by volume and
particulate matter by weight.
(f) Except as provided in section 24-171 of this code, the record made
by the air contaminant recorder shall be dated and retained on the
premises where the recorder is located for a period of sixty days from
the last date appearing on the record.
Section 24-166
§ 24-166 Use of combustion shutoff; halting of emission of air
contaminant. (a) Whenever the use of a combustion shutoff is required by
this code or by the commissioner, the combustion shutoff must
automatically halt the operation of fuel burning equipment using fuel
oil within two minutes after the emission of an air contaminant of a
density which appears darker than number one on the standard smoke
chart, or of an opacity which obscures vision to a degree greater than
smoke of number one density on the standard smoke chart.
(b) No person shall cause or permit the resumption of the normal
operation of the fuel burning equipment whose operation was halted by a
combustion shutoff until the equipment operates in accordance with the
standards of this code.
Section 24-167
§ 24-167 Improper use of equipment or apparatus prohibited. No person
shall use or permit the use of equipment or apparatus for a purpose or
in a manner which causes it to function improperly or not in accordance
with its design. Nothing in this section shall be construed to prohibit
the use of bioheating fuel in equipment that may be adapted for such
use.
To the extent possible under law, Friends of Devin Balkind for Public Advocate has waived all copyright and related or neighboring rights to New York City Administrative Code. This work is published from: United States.
Special thanks to Benjarmin Kallos and Thom Neale who made this content publicly available as a bulk download.