Equipment and Apparatus: Use and Maintenance

NYC Admin. Code tit. 24, ch. 1, subch. 7

in effect

NYC Admin. Code § 24-155 Maintenance of equipment and apparatus.

§ 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.

NYC Admin. Code § 24-156 Use of fuel burning equipment without using apparatus prohibited.

§ 24-156 Use of fuel burning equipment without using apparatus prohibited. (a) Except as provided in subdivision (b) of this section, no person shall cause or permit the use of fuel burning equipment that is fitted with apparatus, other than experimental apparatus, unless the required apparatus is used. (b) If fuel burning 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. (Am. L.L. 2015/038, 5/6/2015, eff. 5/6/2016)

NYC Admin. Code § 24-157 Use of fuel burning equipment using bituminous coal without control apparatus prohibited. [Repealed]

NYC Admin. Code § 24-158 Use of department of sanitation refuse burning equipment without control apparatus prohibited. [Repealed] (Repealed L.L. 2015/038, 5/6/2015, eff. 5/6/2016)

NYC Admin. Code § 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.

§ 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 that uses fuel oil and is less than fully automatic, or the use of fuel burning equipment, whether fully automatic or not, that uses residual fuel oil, except under the direct supervision of a person having a certificate of fitness pursuant to section FC 113 of the New York City Fire Code. (Am. L.L. 2015/038, 5/6/2015, eff. 5/6/2016)

NYC Admin. Code § 24-160 Use of air contaminant recorder; boilers.

§ 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.

NYC Admin. Code § 24-161 Use of fuel burning equipment using residual fuel oil; operation and supervision by trained person.

§ 24-161 Use of fuel burning equipment using residual fuel oil; operation and supervision by trained person. (a) No person shall cause or permit the use of fuel burning equipment using residual fuel oil, 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. (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. (Am. L.L. 2015/038, 5/6/2015, eff. 5/6/2016)

NYC Admin. Code § 24-162 Operation of refuse burning equipment, other than municipal; time restriction. [Repealed] (Repealed L.L. 2015/038, 5/6/2015, eff. 5/6/2016)

NYC Admin. Code § 24-163 Operation of motor vehicle; idling of engine restricted.

§ 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, or is adjacent to, as determined by rule, or within, any park under the jurisdiction of the New York city department of parks and recreation, 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 or park was not easily identifiable as a school or park by signage or otherwise at the time a violation of this subdivision occurred. For purposes of this subdivision, “park” means a park that has been designated with a name and is identified as a park on the website of the department of parks and recreation and does not include any parking lot located within such park. (g) A report shall be submitted to the city council on an annual basis by: (1) the office of administrative trials and hearings pursuant to section 1049-a of the charter that states the number of notices of violation for engine idling violations filed with such office, including the total amount of penalties imposed for such notices of violations; (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; (3) the department of environmental protection that states the number of 311 idling complaints, disaggregated by borough and including any other information related to such complaints the department deems relevant; and (4) the department of environmental protection that states the number of complaints received by the department of environmental protection pursuant to subdivision (a) of section 24-182 regarding violations of this section, disaggregated by the following: (i) the number of violations issued by the department pursuant to such complaints and (ii) the number of complaints filed pursuant to subdivision (b) of section 24-182 with the office of administrative trials and hearings pursuant to section 1049-a of the charter. (Am. L.L. 2015/038, 5/6/2015, eff. 5/6/2016; Am. L.L. 2018/058, 1/19/2018, eff. 2/18/2018; Am. L.L. 2023/058, 5/12/2023, eff. 8/10/2023)

NYC Admin. Code § 24-163.1 Purchase of cleaner vehicles.

§ 24-163.1 Purchase of cleaner vehicles. a. Definitions. When used in this section or in section 24-163.2 of this chapter: "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. "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. "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. "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. "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. "Fuel economy" means the United States environmental protection agency city mileage published label value for a particular motor vehicle, pursuant to 49 U.S.C. § 32908(b). "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. “Heavy-duty vehicle” means any motor vehicle having a gross vehicle weight rating of more than 14,000 pounds. “Hybrid Electric Vehicle” or “HEV” means a motor vehicle that is designed with an electric battery pack which can be recharged by an on-board internal combustion engine-powered generator. "Light-duty vehicle" means any motor vehicle having a gross vehicle weight rating of 8,500 pounds or less. "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. "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, department of correction, or office of the chief medical examiner. “Motorcycle” or “on-road motorcycle” means any two-wheeled or three-wheeled motor vehicle having a curb weight of 1,749 pounds or less. “Plug in Hybrid Electric Vehicle” or “PHEV” means a motor vehicle that is designed with an electric battery pack which can be recharged by plugging a charging cable into an external electric power source, but that is not a zero emission vehicle. "Purchase" means purchase, lease, borrow, obtain by gift or otherwise acquire. "Specialized motor vehicle" means a motor vehicle that is equipped for emergency response by the department, office of emergency management, sheriff's office of the department of finance, police department, fire department, department of correction, department of investigation, or office of the chief medical examiner. "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. “Zero emission vehicle” or “ZEV” means a motor vehicle that produces zero exhaust emission of any criteria pollutant, or precursor pollutant, or greenhouse gas, under any possible operational modes or conditions. 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 or successor 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 or if, after consultation with the affected agency, the commissioner determines that the use of such vehicle would be impractical or would unduly hinder the operations of a city agency, or if the commissioner determines that the city lacks the charging and fueling infrastructure to support use of such a vehicle, provided that the next highest rating category that meets the requirements for the intended use by the city of such vehicle shall be selected. (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) Except as provided for in paragraph three of this subdivision, beginning July 1, 2025, each light-duty vehicle and medium-duty vehicle that the city purchases shall achieve the ZEV emission standard applicable to motor vehicles certified to California LEV III standards, or successor 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, such that by July 1, 2035 all light-duty vehicles and medium-duty vehicles in active operation shall be zero emission vehicles subject to the commercial availability and reliability of zero emission light-duty vehicles and medium-duty vehicles, and the technical and physical availability of related planned infrastructure, including but not limited to charging stations and depots for zero emission light-duty vehicles and medium-duty vehicles. (2) Except as provided for in paragraph four of this subdivision and subject to the commercial availability and reliability of the motorcycles described in subparagraphs (i) and (ii) of this paragraph and the technical and physical availability of related planned infrastructure, including but not limited to charging stations and depots for such motorcycles: (i) beginning July 1, 2025, each motorcycle that the city purchases, other than a zero emission vehicle, shall achieve the evaporative and exhaust emissions standards for on-road motorcycles established by the California air resources board, or successor standards, and available within the applicable model year for a motorcycle that meets the requirements for the intended use by the city of such motorcycle; and (ii) beginning July 1, 2035, all motorcycles in active operation shall produce zero exhaust emission of any criteria pollutant, or precursor pollutant, or greenhouse gas, under any operational mode or condition. (3) The city shall not be required to purchase a 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 or if, after consultation with the affected agency, the commissioner determines that the use of such vehicle would be impractical or would unduly hinder the operations of a city agency, or if the commissioner determines that the city lacks the charging and fueling infrastructure to support use of such a vehicle, and provides substantiating documentation to the speaker of the council of best efforts to obtain and install such charging and fueling infrastructure, provided that the next highest rating category as exists under the California LEV III standards or any successor standard, that meets the requirements for the intended use by the city of such vehicle shall be selected. (4) The city shall not be required to purchase a motorcycle in accordance with subparagraph (ii) of paragraph two of this subdivision if, by July 1, 2035, the only available motorcycle that produces zero exhaust emission of any criteria pollutant, or precursor pollutant, or greenhouse gas, under any operational mode or condition costs greater than fifty percent more than the lowest bid as determined by the applicable procurement process for a motorcycle that meets the evaporative and exhaust emissions standards for on-road motorcycles, or any successor standard, as set by the California air resources board, and that meets the requirements for the intended use by the city of such motorcycle or if, after consultation with the affected agency, the commissioner determines that the use of such motorcycle would be impractical or would unduly hinder the operations of a city agency, or if the commissioner determines that the city lacks the charging and fueling infrastructure to support use of such a motorcycle, and provides substantiating documentation, to the speaker of the council, of best efforts to obtain and install such charging and fueling infrastructure, provided that the motorcycles selected meet the evaporative and exhaust emissions standards for on-road motorcycles, or any successor standards, as set by the California air resources board and meet the requirements for the intended use by the city of such motorcycles. (5) Any contract entered into by the city for the purchase of light-duty or medium-duty vehicles pursuant to this subdivision, for which the affected agency has the capacity to conduct routine and standard servicing and does so as part of its regular operations at such time, shall require that the city be provided access to the technical service information required to give the city the ability to safely perform routine and standard servicing including to brakes, transmissions, electric motors, batteries, charging systems, tires, and related components as well as to conduct preventive maintenance and state inspections, fluid changes, and replacement of basic body components, including but not limited to, mirrors and lenses. Nothing in the preceding sentence shall be construed to require the manufacturer of such vehicles to divulge any trade secret to any third party. For purposes of this paragraph, the term “trade secret” has the same meaning as set forth in section 1839 of title 18 of the United States code. d. (1) Except as provided for in paragraph two of this subdivision, beginning July 1, 2028, each heavy-duty vehicle and specialized motor vehicle that the city purchases shall be a zero emission vehicle, such that by July 1, 2038 all heavy-duty and specialized motor vehicles shall be replaced with zero emission vehicles subject to the commercial availability and reliability of zero emission heavy-duty and specialized motor vehicles, and the technical and physical availability of related planned infrastructure, including but not limited to charging stations and depots for zero emission heavy-duty and specialized motor vehicles. (2) The city shall not be required to purchase a 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 or if the commissioner of an affected agency determines that the use of such vehicle would be impractical or would unduly hinder the operations of such city agency, or if the commissioner determines that the city lacks the charging infrastructure, fueling infrastructure, and emergency backup power to support use of such a vehicle, and provides substantiating documentation, to the speaker of the council, of best efforts to obtain and install such charging and fueling infrastructure, and emergency backup power, provided that, for any such vehicle, the city shall select a vehicle of the next highest category of: (i) a PHEV with a minimum all-electric range of no less than 20 miles; (ii) a PHEV; (iii) an HEV; or (iv) the next highest rating category as exists under the California LEV III standards, or any successor or equivalent standard as determined by the commissioner, that meets the requirements for the intended use by the city of such vehicle. (3) Any contract entered into by the city for the purchase of heavy-duty or specialized motor vehicles pursuant to this subdivision shall require that the city be provided access to the technical service information required to give the city the ability to safely perform routine and standard servicing including to brakes, transmissions, electric motors, batteries, charging systems, tires, and related components as well as to conduct preventive maintenance and state inspections, fluid changes, and replacement of basic body components, including but not limited to, mirrors and lenses. Nothing in the preceding sentence shall be construed to require the manufacturer of such vehicles to divulge any trade secret to any third party. For purposes of this paragraph, the term “trade secret” has the same meaning as set forth in section 1839 of title 18 of the United States code. e. (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. f. (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. g. (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 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, or successor standards, in each of the six rating categories listed in subdivision b of this section, disaggregated according to vehicle model; (iii) the total number of zero emission vehicles purchased pursuant to subdivision c of this section; (iv) 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; (v) if an available zero emission vehicle or advanced technology partial zero emission vehicle is not purchased, in accordance with paragraph two of subdivision b, c, or d of this section, specific information regarding the cost analysis or other basis for such decision; and (vi) the percentage of vehicles purchased within each fiscal year in accordance with paragraphs one and two of subdivision b, c, or d of this section. (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. h. (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, fire department, or office of the chief medical examiner. i. 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 h of this section, to diesel fuel-powered motor vehicles subject to paragraph two of subdivision b of section 24-163.4 of this chapter. j. To the extent not prohibited by law, motor vehicles that meet the ZEV standards may be purchased by the city in concert with any public or private entity. k. The city shall develop and implement a program to train relevant city employees with the information or skills necessary for such city employees to maintain or repair zero emission motor vehicles purchased pursuant to this section for ordinary operation. Such training may be provided in combination with other trainings provided to city employees. (Am. L.L. 2015/038, 5/6/2015, eff. 5/6/2016; Am. L.L. 2023/140, 10/23/2023, eff. 4/20/2024) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1996/059, L.L. 2006/021, and L.L. 2023/140.

NYC Admin. Code § 24-163.2 Alternative fuel buses and sanitation vehicles.

§ 24-163.2 Alternative fuel buses and sanitation vehicles. Editor's note: this section has been repealed by L.L. 2023/140, 10/23/2023, eff. 7/1/2028. For related unconsolidated provisions, see Appendix A at L.L. 2023/140. a. Definitions. When used in this section: "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. "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. "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. "Bus" means a motor vehicle that is designed to transport more than twenty individuals. "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. "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. "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; and (ii) the number of such buses that are alternative fuel buses, disaggregated according to agency, bus model and type of alternative fuel used. (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; (2) to purchases that are emergency procurements pursuant to section three hundred fifteen of the charter; or (3) to the purchase of buses for use by any city agency where the commissioner of such agency has made a written determination that there are no alternative fuel buses available that meet the needs of such agency with respect to bus size, passenger capacity or other special requirement, and has within ten business days thereafter submitted the determination to the speaker of the council accompanied by the detailed analysis that formed the basis for such determination; provided, however, that the purchase of buses for use by the agency shall become subject to the provisions of this section immediately after a determination by the commissioner, after consultation with the department of citywide administrative services, that an alternative fuel bus that meets such needs has become available; and provided, further, however, that the city shall not be required to purchase an alternative fuel bus for use by the agency if the only available alternative fuel bus that meets the needs of such agency with respect to bus size, passenger capacity or other special requirement costs more than fifty percent more than other buses that meet such needs of such agency. 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 a city agency that owns or operates 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. (Am. L.L. 2015/038, 5/6/2015, eff. 5/6/2016; repealed L.L. 2023/140, 10/23/2023, eff. 7/1/2028) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2006/021 and L.L. 2023/140.

NYC Admin. Code § 24-163.3 Use of ultra low sulfur diesel fuel and best available technology in nonroad vehicles.

§ 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: "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. "Motor vehicle" means any self-propelled vehicle designed for transporting persons or property on a street or highway. "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 42 U.S.C. § 7411 or 42 U.S.C. § 7521, 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. "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. "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. 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, or shall be equipped with an engine certified to the applicable tier four emissions standards established by the United States environmental protection agency as set forth in 40 CFR § 1039.101 or to any subsequent United States environmental protection agency emissions standard for such engine that is at least as stringent. 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, or shall utilize diesel-powered nonroad vehicles that are equipped with engines certified to the applicable tier four emissions standards established by the United States environmental protection agency as set forth in 40 CFR § 1039.101 or to any subsequent United States environmental protection agency emissions standard for such engines that is at least as stringent. All contractors in the performance of such contract shall comply with such specification. d. (1) (i) 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. (ii) 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, as set forth in the executive orders of such board, for use in nonroad vehicles for each engine family. If no such technology exists for a specific engine family, then the commissioner shall select appropriate technology from that which has been verified by the United States environmental protection agency or the California air resources board as set forth in the executive orders of such board, for a different nonroad vehicle engine family. If no such appropriate technology exists for a different nonroad vehicle engine family, then the commissioner may select such technology that he or she deems 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 or on or before July 1, 2017, whichever is later. 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 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. (2) 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. (3) 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. 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. h. 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 any diesel-powered nonroad vehicle covered under a federal waiver for the use of ultra-low sulfur diesel fuel issued by the United States environmental protection agency pursuant to 42 U.S.C. § 7545(c)(4)(C)(ii) or any regulation promulgated thereunder, provided that the city agency or contractor shall fully comply with the terms of such federal waiver, and that the requirements of paragraph one of subdivision b and paragraph one of subdivision c of this section shall be in full force and effect upon the expiration of such federal waiver. i. 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. j. In determining which technology to use for the purposes of paragraph one or paragraph three of subdivision j 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. k. Any finding or waiver made or issued pursuant to paragraph one or paragraph three of subdivision i 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. l. Any contractor who violates any provision of this section shall be liable for a civil penalty in accordance with section 24-178 of the code. m. Any contractor that makes a false claim with respect to the provisions of this section to a city agency shall be subject to enforcement pursuant to the provisions of chapter eight of title seven of the code. n. This section shall not apply to any public works contract entered into or renewed prior to June 19, 2004. 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. (Am. L.L. 2015/038, 5/6/2015, eff. 5/6/2016; Am. L.L. 2025/120, 8/13/2025, eff. 8/13/2025) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2003/077.

NYC Admin. Code § 24-163.4 Use of ultra low sulfur diesel fuel and best available retrofit technology by the city's diesel fuel-powered motor vehicles.

§ 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: "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. "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. "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. "Person" means any natural person, co-partnership, firm, company, association, joint stock association, corporation or other like organization. "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. "Ultra low sulfur diesel fuel" means diesel fuel that has a sulfur content of no more than fifteen parts per million. "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 ASTM 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 40 CFR § 86.007-11 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 40 CFR § 86.007-11 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. (1) Paragraph one of subdivision b of this section, as that paragraph applies to the requirement that each diesel fuel-powered motor vehicle owned or operated by a city agency be powered by ultra low sulfur diesel fuel, shall not apply to any motor vehicle covered under a federal waiver for the use of ultra-low sulfur diesel fuel issued by the United States environmental protection agency pursuant to 42 U.S.C. § 7545(c)(4)(C)(ii) or any regulation promulgated thereunder, provided that the city agency shall fully comply with the terms of such federal waiver, and that the requirements of paragraph one of subdivision b of this section shall be in full force and effect upon the expiration of such federal waiver. (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. f. (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 40 CFR § 86.007-11 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 e 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. (2) 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. g. 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. h. 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. (Am. L.L. 2015/038, 5/6/2015, eff. 5/6/2016) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2005/039 and L.L. 2006/021.

NYC Admin. Code § 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.

§ 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: "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. "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. "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. "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 42 U.S.C. § 7411 or 42 U.S.C. § 7521, 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. "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. "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. "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. "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. "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. "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. "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. 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 40 CFR § 86.007-11 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. Paragraph one of subdivision b of this section, as that paragraph applies to all contractors' duty to comply with the specification, shall not apply to any motor vehicle or nonroad vehicle covered under a federal waiver for the use of ultra-low sulfur diesel fuel issued by the United States environmental protection agency pursuant to 42 U.S.C. § 7545(c)(4)(C)(ii) or any regulation promulgated thereunder, provided that the contractor shall fully comply with the terms of such federal waiver, and that the requirements of paragraph one of subdivision b of this section shall be in full force and effect upon the expiration of such federal waiver. g. 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. h. (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 40 CFR § 86.007-11 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 40 CFR § 1039.101, or to any subsequent United States environmental protection agency standard for such pollutant that is at least as stringent. i. 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 h 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; and (vii) all waivers issued pursuant to subdivision g 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. j. 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. k. Any contractor who violates any provision of this section shall be liable for a civil penalty in accordance with section 24-178 of the code. l. Where a contractor has been found to have made a false claim with respect to the provisions of this section, such contractor shall be subject to enforcement pursuant to the provisions of chapter eight of title seven of the code. m. This section shall not apply to any solid waste contract or recyclable materials contract entered into or renewed prior to September 9, 2005 or to any agreement entered into pursuant to title 16-B. n. 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. (Am. L.L. 2015/038, 5/6/2015, eff. 5/6/2016; Am. L.L. 2019/199, 11/20/2019, eff. 11/20/2019) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2019/199.

NYC Admin. Code § 24-163.6 Use of best available retrofit technology by sight-seeing buses.

§ 24-163.6 Use of best available retrofit technology by sight-seeing buses. a. Definitions. When used in this section: "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. "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. "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 40 CFR § 86.007-11 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 and worker protection 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 40 CFR § 86.007-11 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 and worker protection 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 shall be liable for a civil penalty in accordance with section 24-178 of the code. 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 subject to enforcement pursuant to the provisions of chapter eight of title seven of the code. (Am. L.L. 2015/038, 5/6/2015, eff. 5/6/2016; Am. L.L. 2020/080, 8/28/2020, eff. 8/28/2020) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2005/041 and L.L. 2020/080.

NYC Admin. Code § 24-163.7 Use of ultra low sulfur diesel fuel and best available retrofit technology in school bus transportation.

§ 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: "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. "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. "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. "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. "School bus contract" means any agreement between any person and the department of education to transport children on a school bus. 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 and thereafter. 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. Subdivision b of this section shall not apply to any school bus covered under a federal waiver for the use of ultra-low sulfur diesel fuel issued by the United States environmental protection agency pursuant to 42 U.S.C. § 7545(c)(4)(C)(ii) or any regulation promulgated thereunder, provided that the owner and operator of such school bus shall fully comply with the terms of such federal waiver, and the requirements of subdivision b of this section shall be in full force and effect upon the expiration of such federal waiver. g. 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. h. 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 40 CFR § 86.007-11 or to any subsequent United States environmental protection agency standard for such pollutant that is at least as stringent. i. 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 h 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; and (vii) all waivers issued pursuant to subdivision g 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. j. 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. k. Any person who violates any provision of this section shall be liable for a civil penalty in accordance with section 24-178 of the code. l. Where a person has been found to have made a false claim with respect to the provisions of this section, such person shall be subject to enforcement pursuant to the provisions of chapter eight of title seven of the code. m. This section shall not apply to any school bus contract entered into or renewed prior to May 9, 2005. n. 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. (Am. L.L. 2015/038, 5/6/2015, eff. 5/6/2016)

NYC Admin. Code § 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.

§ 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: "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. 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 shall be liable for a civil penalty in accordance with section 24-178 of the code. Any person who has been found to have made a false claim to a city agency with respect to the provisions of this section shall be subject to enforcement pursuant to the provisions of chapter eight of title seven of the code. (Am. L.L. 2015/038, 5/6/2015, eff. 5/6/2016)

NYC Admin. Code § 24-163.9 Retrofitting, age limitations, fuel use of diesel fuel-powered school buses and use of all-electric zero emission school buses.

§ 24-163.9 Retrofitting, age limitations, fuel use of diesel fuel-powered school buses and use of all-electric zero emission school buses. a. Definitions. For the purposes of this section only, the following terms shall have the following meanings: "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. "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. "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. Notwithstanding subdivision b of this section, any diesel fuel-powered school bus of the designation "Type A bus" or "Type B bus," as set forth in subdivisions x and y of section 720.1 of title seventeen of New York codes, rules and regulations, with a pre-2007 engine model year shall utilize a closed crankcase ventilation system within six months of a finding by the United States environmental protection agency or the California air resources board that such technology is available for use in such bus and is available from the manufacturer, provided however, that such technology shall not be required to be installed if such bus is scheduled to be retired within twelve months of such finding pursuant to the schedule set forth in paragraph two of subdivision d of this section. d. (1) No diesel fuel-powered school bus of the designation "Type A bus" or "Type B bus," as set forth in subdivisions x and y of section 720.1 of title seventeen of New York codes, rules and regulations, with an engine model year of 2007 or later or that is utilizing a closed crankcase ventilation system pursuant to subdivision c of this section and no diesel fuel-powered school bus of the designation "Type C bus" or "Type D bus," as set forth in subdivisions z and aa of section 720.1 of title seventeen of New York codes, rules and regulations, shall 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. (2) Except for any "Type A bus" or "Type B bus" utilizing a closed crankcase ventilation system pursuant to subdivision c of this section, no diesel fuel-powered school bus of the designation "Type A bus" or "Type B bus," as set forth in subdivisions x and y of section 720.1 of title seventeen of New York codes, rules and regulations, with a pre-2007 engine model year shall be used to fulfill any school bus contract entered into pursuant to a request for proposals or request for bids issued after July 1, 2014 beyond the dates set forth in the following schedule: i. All 1997 engine model years, September 1, 2014; ii. All 1998 engine model years, September 1, 2015; iii. All 1999 engine model years, September 1, 2016; iv. All 2000 engine model years, September 1, 2017, and provided, further, that five percent of any contractor's "Type A buses" or "Type B buses" with 2001 through 2004 engine model years that are not utilizing a closed crankcase ventilation system pursuant to subdivision c of this section that are used to fulfill any school bus contract shall be replaced pursuant to subdivision e of this section by September 1, 2017; v. All 2001 engine model years, September 1, 2018, and provided, further, that twenty percent of any contractor's "Type A buses" or "Type B buses" with 2002 through 2005 engine model years that are not utilizing a closed crankcase ventilation system pursuant to subdivision c of this section that are used to fulfill any school bus contract shall be replaced pursuant to subdivision e of this section by September 1, 2018; vi. All 2002 engine model years, September 1, 2019, and provided, further, that twenty percent of any contractor's "Type A buses" or "Type B buses" with 2003 through 2006 engine model years that are not utilizing a closed crankcase ventilation system pursuant to subdivision c of this section that are used to fulfill any school bus contract shall be replaced pursuant to subdivision e of this section by September 1, 2019; vii. All 2003 through 2006 engine model years, September 1, 2020. e. Notwithstanding the requirements of section 24-163.1, school buses shall be replaced pursuant to subdivision d 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, provided that by September 1, 2035 such school buses shall be replaced with all-electric zero emission school buses, such that all school buses in use by that date shall be all-electric zero emission school buses, subject to the commercial availability and reliability of all-electric zero emission school buses, and the technical and physical availability of related planned infrastructure, including but not limited to charging stations and bus depots for all-electric zero emission school buses. f. Reporting requirements. (1) 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 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. (2) Before the end of the fiscal year commencing on July 1, 2023, July 1, 2028, and July 1, 2033, the department of education shall submit a report to the mayor and the speaker of the council on: i. actions taken to achieve the requirement provided by subdivision e to replace school buses with all-electric zero emission school buses by September 1, 2035; ii. barriers, if any, to achieving such replacement by such date; iii. plans to address the barriers described in subparagraph ii; iv. a date by which such replacement will be complete; v. the safety and reliability of the all-electric zero emission school buses in use pursuant to a school bus contract; vi. the percentage of routes served by all-electric zero emission school buses where the origin or destination is located in an environmental justice area as defined in section 3-1001; vii. a description of each model of all-electric zero emission school bus that is in use pursuant to a school bus contract, including but not limited to the name of the manufacturer and the number of buses of each such model in use; viii. applications that have been submitted by the department for federal, state, private or other funding for the purpose of achieving such replacement; and ix. progress that vendors have made in developing charging infrastructure, including the proportion of such charging infrastructure that has been installed in an environmental justice area as defined in section 3-1001. (3) The first report required pursuant to paragraph 2 of this subdivision shall include whether there are, or the status of achieving by the date of the next report, 75 all-electric zero emission school buses. The second report required pursuant to paragraph 2 of this subdivision shall include whether there are, or the status of achieving by the date of the next report, 20 percent of school buses in use being all-electric zero emission school buses, and whether there are, or the status of achieving by September 1, 2030, 100 percent of New York city school bus umbrella corporation, or its successor entity, school buses in use being all-electric zero emissions school buses. The third report required pursuant to paragraph 2 of this subdivision shall include whether there are, or the status of achieving, 66 percent of school buses in use being all-electric zero emission school buses. g. 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. h. Any person who violates any provision of this section shall be liable for a civil penalty in accordance with section 24-178 of the code. i. Where a person has been found to have made a false claim with respect to the provisions of this section, such person shall be subject to enforcement pursuant to the provisions of chapter eight of title seven of the code. j. 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. k. (i) Diesel fuel-powered school buses shall be powered by fuel that is ultra low sulfur diesel fuel. (ii) The chancellor of the New York city department of education and the commissioner of citywide administrative services shall conduct a study to determine the feasibility of utilizing at least five percent biodiesel (B5) and up to twenty percent biodiesel (B20) by volume in city contracted diesel fuel-powered buses used for pupil and school transportation. The study shall include a review of the types and models of buses that are used pursuant to existing school bus contracts and their compatibility with biodiesel blends; the mode of fueling by school bus contractors including in-house, retail or fuel truck; supply availability of biodiesel for each mode of fueling for the use of biodiesel in school buses; and other relevant issues including barriers, opportunities, and regulatory requirements related to the use of biodiesel in buses used pursuant to school bus contracts. No later than June 30, 2019, the chancellor of the department of education and the commissioner of citywide administrative services shall submit a report to the mayor and the speaker of the council detailing the findings of this study with recommendations relating to the use of biodiesel blends of at least five percent (B5) and up to twenty percent (B20) by volume in city contracted diesel fuel-powered buses used for pupil and school transportation. (Am. L.L. 2015/038, 5/6/2015, eff. 5/6/2016; Am. L.L. 2018/028, 1/8/2018, eff. 1/8/2018; Am. L.L. 2021/120, 11/7/2021, eff. 5/6/2022; Am. L.L. 2023/140, 10/23/2023, eff. 4/20/2024) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2023/140.

NYC Admin. Code § 24-163.10 Use of auxiliary power units in ambulances. [Repealed] (Am. L.L. 2015/038, 5/6/2015, eff. 5/6/2016; Repealed L.L. 2023/067, 5/29/2023, eff. 6/28/2023)

NYC Admin. Code § 24-163.11 Trade waste vehicles.

§ 24-163.11 Trade waste vehicles. a. Definitions. When used in this section: "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 that is applicable to a particular engine and application that has been approved for use by the commissioner. "Heavy duty trade waste hauling vehicle" means any diesel-fuel powered vehicle with a gross weight of over sixteen thousand pounds that is owned or operated by an entity that is required to be licensed or registered by the New York city business integrity commission pursuant to section 16-505 of the code and that is operated in New York city for collection and/or removal of trade waste. "Trade waste" shall have the same meaning as set forth in subdivision f of section 16-501 of the code. b. Use of best available retrofit technology in heavy duty trade waste hauling vehicles. (1) Beginning January 1, 2020, any heavy duty trade waste hauling vehicle shall utilize 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 40 CFR § 86.007-11 or to any subsequent United States environmental protection agency standard for such pollutant that is at least as stringent. (2) On or before June 30, 2018, the commissioner shall review the technology verified by the United States environmental protection agency and 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 that is applicable to a particular engine and application and shall promulgate rules setting forth the best available retrofit technology to be used by heavy duty trade waste hauling vehicles to which this section applies. Such rules shall be reviewed on a regular basis, but in no event less often than once every six months, and shall be revised, as needed. c. Waivers; financial hardship. The chairperson of the business integrity commission may issue a waiver of the requirements of paragraph one of subdivision b of this section if the chairperson finds that the applicant for such waiver has demonstrated that compliance with such requirements would cause undue financial hardship on the applicant. An application for such waiver must be filed with the business integrity commission on or before January 1, 2019, or in the case of an applicant that applies for a license or registration with the business integrity commission pursuant to section 16-505 of the code for the first time after January 1, 2019, an application for such waiver shall be filed no later than the date on which such license or registration application is filed with the commission. An application for renewal of an existing waiver must be filed no later than one hundred eighty days before the expiration of such waiver. Any waiver issued pursuant to this paragraph shall expire no later than two years after issuance. All waivers issued pursuant to this subdivision shall expire no later than January 1, 2025. The provisions of paragraph one of subdivision b of this section shall not apply to an applicant that has submitted an application for a waiver in accordance with the provisions of this subdivision while such application is pending with the commission, nor for ninety days after the date of a denial of such waiver. Notwithstanding any other provision of law, the business integrity commission shall not issue or renew a waiver pursuant to this subdivision to any applicant with respect to a vehicle that will be used to collect, remove or dispose of waste required to be collected by a designated carter pursuant to chapter 1 of title 16-B. d. Enforcement. (1) In addition to the department, the business integrity commission shall have the authority to enforce this section and shall have the power to issue notices of violation. All notices of violation issued in accordance with this section shall be returnable to the board. (2) Any owner or operator of a heavy duty trade waste hauling vehicle that violates any provision of this section shall be liable for a civil penalty of ten thousand dollars per vehicle that is in violation. Each notice of violation shall contain an order of the commissioner or of the chairperson of the business integrity commission directing the respondent to correct the condition constituting the violation and to file with the department or the business integrity commission electronically, or in such other manner as the department or the business integrity commission shall authorize, respectively, a certification that the condition has been corrected within sixty days from the date of the order. In any proceeding before the board, no civil penalty shall be imposed for a violation of this section if the respondent complies with the order of the commissioner or chairperson to correct and to certify correction of the violation within sixty days. In addition to such civil penalty, a separate additional penalty may be imposed of not more than five hundred dollars for each day that the violation is not corrected beyond sixty days from such order. (3) For the purposes of this section, if the board finds that a certification of correction filed pursuant to paragraph two of this subdivision contained material false statements relating to the correction of a violation, such certification of correction shall be null and void and the penalties set forth in this section for the violation may be imposed as if such false certification had not been filed with and accepted by the department or the business integrity commission. It shall be an affirmative defense that the respondent neither knew nor should have known that such statements were false. (4) Nothing in this section shall be construed to limit the authority of the business integrity commission to deny, suspend or revoke any license or registration in accordance with chapter one of title 16-A of the code or otherwise enforce the provisions of such chapter. (5) The business integrity commission shall have the authority to promulgate any rules necessary to enforce the provisions of this section, including but not limited to establishing criteria for the issuance of waivers pursuant to subdivision c of this section and establishing procedures for owners and operators of heavy duty trade waste hauling vehicles to demonstrate compliance with the requirements of this section. (6) Notwithstanding any other provision of law, with respect to any vehicle that may be used to collect, remove or dispose of waste required to be collected by a designated carter pursuant to chapter 1 of title 16-B, the commissioner of sanitation shall have all the powers and duties of the business integrity commission as set forth in this section. (Am. L.L. 2015/038, 5/6/2015, eff. 5/6/2016; Am. L.L. 2019/199, 11/20/2019, eff. 11/20/2019) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2019/199.

NYC Admin. Code § 24-163.12 Mobile food vending units.

§ 24-163.12 Mobile food vending units. Any mobile food vending unit that is equipped with an auxiliary engine that meets applicable tier four emissions standards established by the United States environmental protection agency as set forth in 40 CFR § 1039.101 or any subsequent United States environmental protection agency emissions standard for such engine that is at least as stringent, or that uses an alternative fuel, as defined by the rules of the department, shall be entitled to a waiver of any fee established by the department for the registration of such engine pursuant to section 24-109 of the code, so long as the engine is installed within eighteen months after the effective date of this section. The waiver of such fee shall remain in effect for twelve years or for the duration of the life of the engine, whichever is shorter, provided that the engine is registered with the department. Failure to renew prior to the expiration date of the registration shall result in the revocation of the fee waiver. (L.L. 2015/038, 5/6/2015, eff. 5/6/2016)

NYC Admin. Code § 24-163.13 Electrification of city fleet workforce development report.

§ 24-163.13 Electrification of city fleet workforce development report. a. On July 1, 2025, and on July 1 of each year thereafter, the department of citywide administrative services shall prepare a report summarizing purchase orders for vehicles and charging infrastructure made pursuant to section 24-163.1. Such report shall describe the effect, if any, of the purchase of vehicles and charging infrastructure required pursuant to section 24-163.1 on city employees, including but not limited to, summarizing any needs relating to training for city employees, any programs being planned to meet those needs, and any changes in the functions or duties of city employees as a result of such purchase. b. The report required pursuant to this section shall include the following information regarding any planned purchase of vehicles and charging infrastructure, pursuant to section 24-163.1, to the extent available, for the subsequent reporting period: (1) an estimate of the number of funded agency positions that would be eliminated or substantially changed as a result of any such planned purchase; (2) a description of any loss of projected position or partial displacement, such as a reduction in hours of non-overtime work or reduction in wages anticipated as a result of any such planned purchase; (3) the number of agency positions expected to be created by any such planned purchase; and (4) plans, if any, to transition, train, or retrain city employees as a result of the purchase of vehicles and charging infrastructure required pursuant to section 24-163.1. (L.L. 2023/140, 10/23/2023, eff. 4/20/2024) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2023/140.

NYC Admin. Code § 24-164 Operation of soot blower of vessels prohibited.

§ 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.

NYC Admin. Code § 24-165 Use of air contaminant detectors and recorders.

§ 24-165 Use of air contaminant detectors and recorders. (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 signaling 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) 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. (g) The commissioner may recommend to the board that there shall be no civil penalty imposed for a first violation of this section if, within forty five days of the return date set forth on the notice of violation, the respondent admits liability for the violation and files a certification with the department in a form and manner and containing such information and documentation as shall be prescribed in the department's rules that the work has been performed to permanently correct the violation. If the commissioner accepts such certification of compliance, he or she shall recommend to the board that no civil penalty shall be imposed for the violation. Such violation may nevertheless serve as a predicate for purposes of imposing penalties for subsequent violations of this section. (Am. L.L. 2015/038, 5/6/2015, eff. 5/6/2016) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2013/153.

NYC Admin. Code § 24-166 Use of combustion shutoff; halting of emission of air contaminant.

§ 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. (c) The commissioner may recommend to the board that there shall be no civil penalty imposed for a first violation of this section if, within forty five days of the return date set forth on the notice of violation, the respondent admits liability for the violation and files a certification with the department in a form and manner and containing such information and documentation as shall be prescribed in the department's rules that the work has been performed to permanently correct the violation. If the commissioner accepts such certification of compliance, he or she shall recommend to the board that no civil penalty shall be imposed for the violation. Such violation may nevertheless serve as a predicate for purposes of imposing penalties for subsequent violations of this section. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2013/153.

NYC Admin. Code § 24-167 Improper use of equipment or apparatus prohibited.

§ 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. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2010/043.

Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCadmin/0-0-0-128826Fetched: 10/24/2026