2006 New York Code - Alternative Fuel Buses And Sanitation Vehicles.

 
    §   24-163.2  Alternative  fuel  buses  and  sanitation  vehicles.  a.
  Definitions. When used in this section:
    (1) "Alternative fuel bus" means a bus that is operated  using  solely
  an  alternative  fuel or is operated using solely an alternative fuel in
  combination with gasoline or diesel fuel, and shall not include  bi-fuel
  motor vehicles.
    (2)  "Alternative  fuel sanitation vehicle" means a sanitation vehicle
  that is operated using solely an alternative fuel or is  operated  using
  solely  an alternative fuel in combination with gasoline or diesel fuel,
  and shall not include bi-fuel motor vehicles.
    (3) "Alternative fuel street sweeping vehicle" means a vehicle used by
  the department of  sanitation  for  street  cleaning  purposes  that  is
  operated using solely an alternative fuel or is operated using solely an
  alternative  fuel in combination with gasoline or diesel fuel, and shall
  not include bi-fuel motor vehicles.
    (4) "Bus" means a motor vehicle that is  designed  to  transport  more
  than twenty individuals.
    (5)  "Recyclable  materials"  means solid waste that may be separated,
  collected, processed, marketed and returned to the economy in  the  form
  of  raw  materials  or  products,  including but not limited to types of
  metal, glass, paper, plastic, food waste, tires and yard waste.
    (6) "Sanitation vehicle" means a vehicle used  by  the  department  of
  sanitation  for  street cleaning purposes or for the collection of solid
  waste or recyclable materials.
    (7) "Solid waste" means  all  materials  or  substances  discarded  or
  rejected  as  being  spent,  useless,  or  worthless,  including but not
  limited to garbage, refuse, industrial  and  commercial  waste,  sludges
  from air or water pollution control facilities or water supply treatment
  facilities,  rubbish,  ashes,  contained  gaseous  material, incinerator
  residue, demolition and construction debris and offal, but not including
  sewage and other highly diluted water-carried  materials  or  substances
  and those in gaseous forms.
    b.  For  the  fiscal year commencing July 1, 2005, and for each fiscal
  year thereafter, at least twenty percent of the buses the city purchases
  in such fiscal year shall be alternative fuel buses.
    c. (1) Beginning no later than March  1,  2006,  the  commissioner  of
  sanitation   shall  implement  a  program  for  testing  the  mechanical
  reliability and  operational  feasibility  of  alternative  fuel  street
  sweeping  vehicles. Such program shall include a pilot project regarding
  the exclusive utilization of alternative fuel street  sweeping  vehicles
  in  at  least  four  sanitation  districts,  to  be  identified  at  the
  discretion of the commissioner of sanitation. At least one such district
  shall be located in an area where high rates of asthma are found and the
  commissioner shall consider asthma rates in his or her determination  of
  where such other districts will be located.
    (2)  The  department  of  sanitation shall collect and analyze data to
  further develop its  initiatives  for  and  assess  the  feasibility  of
  incorporating  new  alternative  fuel sanitation vehicles and technology
  into its fleet.
    d. (1) Not later than January 1, 2007, and not later than January 1 of
  each year thereafter, the mayor shall submit to the comptroller and  the
  speaker  of  the  council a report regarding the 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: (1) the total number of buses purchased
  by the city in the preceding fiscal year; and (2)  the  number  of  such


  buses  that  are  alternative fuel buses, disaggregated according to 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; or
    (2)  to  purchases that are emergency procurements pursuant to section
  three hundred fifteen of the charter.
    h.  The  commissioner  may  by  rule  require  periodic   testing   of
  alternative  fuel buses and the submission of information concerning the
  operation and maintenance of such buses purchased or newly  operated  in
  the  city  to  ensure  compliance  with  this  section  and  to  collect
  information for reports required by this section.
    i. The commissioner may order the owner or operator of a bus to  which
  this  section  applies  to  conduct  such  tests,  or the department may
  conduct such tests, as are necessary in the opinion of the  commissioner
  to determine whether such bus is in compliance with this section.
    j. The department may inspect at a reasonable time and in a reasonable
  manner  any  equipment, apparatus, fuel, matter or thing that affects or
  may affect the proper maintenance or operation of  an  alternative  fuel
  bus to which this section applies.