2006 New York Code - Purchase Of Cleaner Light-duty And Medium-duty Vehicles.

 
    § 24-163.1 Purchase of cleaner light-duty and medium-duty vehicles. a.
  Definitions.  When  used  in this section or in section 24-163.2 of this
  chapter:
    (1) "Alternative fuel" means natural  gas,  liquefied  petroleum  gas,
  hydrogen,  electricity, and any other fuel which is at least eighty-five
  percent, singly or in combination, methanol, ethanol, any other  alcohol
  or ether.
    (2)  "Alternative  fuel  motor  vehicle" means a motor vehicle that is
  operated using solely an alternative fuel or is operated using solely an
  alternative fuel in combination with gasoline or diesel fuel, and  shall
  not include bi-fuel motor vehicles.
    (3)  "Average fuel economy" means the sum of the fuel economies of all
  motor vehicles in a  defined  group  divided  by  the  number  of  motor
  vehicles in such group.
    (4)  "Bi-fuel  motor vehicle" means a motor vehicle that is capable of
  being operated by both an alternative fuel and gasoline or diesel  fuel,
  but may be operated exclusively by any one of such fuels.
    (5)  "City  agency"  means  a  city,  county, borough, administration,
  department, division, bureau, board or  commission,  or  a  corporation,
  institution  or  agency of government, the expenses of which are paid in
  whole or in part from the city treasury.
    (6) "Equivalent carbon dioxide"  means  the  metric  measure  used  to
  compare  the  emissions  from  various greenhouse gases emitted by motor
  vehicles based upon their global  warming  potential  according  to  the
  California  air  resources  board  or  the  United  States environmental
  protection agency.
    (7) "Fuel economy" means the United  States  environmental  protection
  agency  city  mileage  published  label  value  for  a  particular motor
  vehicle, pursuant to section 32908(b) of title 49 of the  United  States
  code.
    (8)  "Gross  vehicle  weight  rating" means the value specified by the
  manufacturer of a motor vehicle  model  as  the  maximum  design  loaded
  weight of a single vehicle of that model.
    (9)  "Light-duty  vehicle"  means  any  motor  vehicle  having a gross
  vehicle weight rating of 8,500 pounds or less.
    (10) "Medium-duty vehicle" means any  motor  vehicle  having  a  gross
  vehicle weight rating of more than 8,500 pounds but not more than 14,000
  pounds.
    (11)  "Motor vehicle" means a vehicle operated or driven upon a public
  highway which is propelled by  any  power  other  than  muscular  power,
  except  electrically-driven  mobility  assistance  devices  operated  or
  driven by a person with a disability, provided, however, that this  term
  shall  not  include  vehicles  that are specially equipped for emergency
  response by the department, office of  emergency  management,  sheriff's
  office   of  the  department  of  finance,  police  department  or  fire
  department.
    (12) "Purchase" means purchase,  lease,  borrow,  obtain  by  gift  or
  otherwise acquire.
    b.  (1)  Except  as  provided  for in paragraphs two and three of this
  subdivision,  beginning  July  1,  2006,  each  light-duty  vehicle  and
  medium-duty vehicle that the city purchases shall achieve the highest of
  the following ratings, with subparagraph one of this paragraph being the
  highest  vehicle  rating,  applicable  to  motor  vehicles  certified to
  California LEV II standards and available within  the  applicable  model
  year  for  a  light-duty  vehicle  or medium-duty vehicle that meets the
  requirements for the intended use by the city of such vehicle:
    (i) zero emission vehicle (ZEV)
    (ii) advanced technology partial zero emission vehicle (ATPZEV)


    (iii) partial zero emission vehicle (PZEV)
    (iv) super ultra low emission vehicle (SULEV)
    (v) ultra low emission vehicle (ULEV)
    (vi) low emission vehicle (LEV)
    (2) The city shall not be required to purchase a zero emission vehicle
  or  advanced technology partial zero emission vehicle in accordance with
  paragraph one of this subdivision  if  the  only  available  vehicle  or
  vehicles that achieve such a rating cost greater than fifty percent more
  than  the lowest bid as determined by the applicable procurement process
  for a vehicle available in the next highest rating category  that  meets
  the requirements for the intended use by the city of such vehicle.
    (3)   Notwithstanding  the  requirements  of  paragraph  one  of  this
  subdivision, such requirements need not  apply  to  a  maximum  of  five
  percent  of  the  light-duty vehicles and medium-duty vehicles purchased
  within each fiscal year.
    (4) For the fiscal year  beginning  July  1,  2005,  at  least  eighty
  percent  of  the  light-duty  vehicles the city purchases in such fiscal
  year shall be alternative fuel motor vehicles.
    c. (1) The city shall not purchase additional bi-fuel motor vehicles.
    (2) Any bi-fuel motor vehicle that is owned or operated  by  the  city
  shall  be  powered  on  the  alternative  fuel on which it is capable of
  operating, except that such vehicle  may  be  operated  on  gasoline  or
  diesel fuel (i) where, as of the date of enactment of this section, such
  vehicle  is  no  longer mechanically able to operate on such alternative
  fuel and cannot be repaired, or (ii)  solely  for  the  period  of  time
  recommended by the vehicle manufacturer.
    d.  (1)  Not  later  than  October 1, 2005, the city shall complete an
  inventory of the fuel economy of all light-duty  vehicles  purchased  by
  the  city  during  the  fiscal  year  beginning  July 1, 2004, and shall
  calculate the average fuel economy of all such light-duty vehicles.
    (2) The city shall achieve the following minimum percentage  increases
  in  the average fuel economy of all light-duty vehicles purchased by the
  city during the following fiscal years, relative  to  the  average  fuel
  economy  of  all  such  vehicles purchased by the city during the fiscal
  year beginning July 1, 2004, calculated pursuant  to  paragraph  one  of
  this subdivision:
    (i) For the fiscal year beginning July 1, 2006, five percent;
    (ii) For the fiscal year beginning July 1, 2007, eight percent;
    (iii) For the fiscal year beginning July 1, 2008, ten percent;
    (iv) For the fiscal year beginning July 1, 2009, twelve percent;
    (v)  For  the  fiscal  year  beginning  July 1, 2010 and July 1, 2011,
  fifteen percent;
    (vi) For the fiscal year beginning July 1, 2012, July 1, 2013 and July
  1, 2014, eighteen percent; and
    (vii) For the fiscal year beginning July 1, 2015, and for each  fiscal
  year thereafter, twenty percent.
    e. (1) Not later than January 1, 2007, and not later than January 1 of
  each  year thereafter, the mayor shall submit to the comptroller and the
  speaker of the  council  a  report  regarding  the  city's  purchase  of
  light-duty  vehicles  and  medium-duty  vehicles  during the immediately
  preceding fiscal year. The information contained in  this  report  shall
  also  be  included  in the preliminary mayor's management report and the
  mayor's management  report  for  the  relevant  fiscal  year  and  shall
  include,  but  not  be  limited  to, for each city agency: (i) the total
  number of light-duty vehicles and medium-duty  vehicles  and  all  other
  motor  vehicles,  respectively, purchased by such agency; (ii) the total
  number of light-duty vehicles and  medium-duty  vehicles,  respectively,
  purchased  by  such  agency  that  are  certified  to  California LEV II


  standards in each of the six rating categories listed in  subdivision  b
  of  this  section,  disaggregated  according to vehicle model; (iii) the
  reason as to why each vehicle model was purchased, rather than a vehicle
  model  rated  in  a  higher  category  listed  in  subdivision b of this
  section;  (iv)  if  an  available  zero  emission  vehicle  or  advanced
  technology partial zero emission vehicle is not purchased, in accordance
  with   paragraph   two  of  subdivision  b  of  this  section,  specific
  information regarding the cost analysis that formed the basis  for  such
  decision;  (v)  the  percentage  of  light-duty vehicles and medium-duty
  vehicles purchased within each fiscal year in accordance with paragraphs
  one and two of subdivision b of this section; and (vi)  for  the  report
  required  not  later  than January 1, 2007, the percentage of light-duty
  vehicles purchased by the city during the fiscal year beginning July  1,
  2005 that were alternative fuel motor vehicles.
    (2)  Not  later  than January 1, 2007, and not later than January 1 of
  each year thereafter, the mayor shall submit to the comptroller and  the
  speaker of the council a report regarding the fuel economy of light-duty
  vehicles  purchased  by the city during the immediately preceding fiscal
  year. The information contained in this report shall also be included in
  the preliminary mayor's management report  and  the  mayor's  management
  report  for  the  relevant  fiscal  year  and  shall include, but not be
  limited to: (i) the average fuel  economy  of  all  light-duty  vehicles
  purchased  by  the  city  during the preceding fiscal year; and (ii) the
  percentage increase in the average fuel economy of all  such  light-duty
  vehicles,  relative  to  the  average  fuel  economy  of  all light-duty
  vehicles purchased by the city during the fiscal year beginning July  1,
  2004,  calculated  pursuant  to  paragraph  one of subdivision d of this
  section, that this total amount represents.
    f. (1) Beginning July 1, 2006, for each fiscal year,  the  city  shall
  measure  the  amount  of  fuel  consumed  by  the  city's fleet of motor
  vehicles and the equivalent carbon dioxide emitted by such vehicles, for
  each type of fuel consumed by such vehicles.
    (2) For the fiscal year beginning July 1, 2006, and  for  each  fiscal
  year  thereafter, the department shall publish on its website by October
  1 following the close of each fiscal year and the mayor shall include in
  the preliminary mayor's management report  and  the  mayor's  management
  report  for  the relevant fiscal year the estimated total amount of fuel
  consumed by the city's fleet of motor vehicles and the  estimated  total
  amount   of   equivalent   carbon  dioxide  emitted  by  such  vehicles,
  disaggregated  according  to  fuel  type.  For  the  purposes  of   this
  subdivision,  the  city's fleet of motor vehicles shall include vehicles
  specially equipped for emergency response by the department,  office  of
  emergency  management,  sheriff's  office  of the department of finance,
  police department or fire department.
    g. This section shall not apply:
    (1) where federal or state funding precludes the  city  from  imposing
  the purchasing requirements of this section;
    (2)  to  purchases that are emergency procurements pursuant to section
  three hundred fifteen of the charter; or
    (3) except for subdivision f of this section, to  diesel  fuel-powered
  motor  vehicles  subject  to  paragraph  two of subdivision b of section
  24-163.4 of this chapter.
    h. To the  extent  not  prohibited  by  law,  alternative  fuel  motor
  vehicles  may  be  purchased  by  the city in concert with any public or
  private entity.