2006 New York Code - 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:
    (1) "Best available retrofit technology" means technology, verified by
  the United States environmental protection agency or the California  air
  resources  board,  for reducing the emission of pollutants that achieves
  reductions in particulate matter emissions at the highest classification
  level  for  diesel  emission  control  strategies,  as  set   forth   in
  subdivision  d  of  this  section,  that is applicable to the particular
  engine and application. Such technology  shall  also,  at  a  reasonable
  cost,  achieve the greatest reduction in emissions of nitrogen oxides at
  such particulate matter reduction level and shall in no event result  in
  a net increase in the emissions of either particulate matter or nitrogen
  oxides.
    (2)  "City  agency"  means  a  city,  county, borough, administration,
  department, division, bureau, board or  commission,  or  a  corporation,
  institution  or  agency of government, the expenses of which are paid in
  whole or in part from the city treasury.
    (3) "Gross vehicle weight rating" means the  value  specified  by  the
  manufacturer  of  a  motor  vehicle  model  as the maximum design loaded
  weight of a single vehicle of that model.
    (4) "Motor vehicle" means a vehicle operated or driven upon  a  public
  highway  which  is  propelled  by  any  power other than muscular power,
  except  electrically-driven  mobility  assistance  devices  operated  or
  driven  by a person with a disability, provided, however, that this term
  shall not include vehicles that are  specially  equipped  for  emergency
  response  by  the  department, office of emergency management, sheriff's
  office  of  the  department  of  finance,  police  department  or   fire
  department.
    (5)  "Person" means any natural person, co-partnership, firm, company,
  association,  joint  stock  association,  corporation  or   other   like
  organization.
    (6) "Reasonable cost" means that such technology does not cost greater
  than  thirty  percent  more  than  other  technology  applicable  to the
  particular  engine  and  application  that   falls   within   the   same
  classification  level  for  diesel  emission  control strategies, as set
  forth in subdivision d of this section, when considering the cost of the
  strategies, themselves, and the cost of installation.
    (7) "Ultra low sulfur diesel fuel" means diesel fuel that has a sulfur
  content of no more than fifteen parts per million.
    b. (1) Each diesel fuel-powered motor vehicle owned or operated  by  a
  city agency shall be powered by ultra low sulfur diesel fuel.
    (2)  Diesel  fuel-powered motor vehicles having a gross vehicle weight
  rating of more than 8,500 pounds that are  owned  or  operated  by  city
  agencies  shall  utilize  the  best  available retrofit technology or be
  equipped with an engine certified to the applicable 2007  United  States
  environmental  protection  agency standard for particulate matter as set
  forth  in  section  86.007-11  of  title  40  of  the  code  of  federal
  regulations  or to any subsequent United States environmental protection
  agency standard for such  pollutant  that  is  at  least  as  stringent,
  pursuant to the following schedule:
    i. 7% of all such motor vehicles        by January 1, 2007;
    ii. 14% of all such motor vehicles      by January 1, 2008;
    iii. 30% of all such motor vehicles     by January 1, 2009;
    iv. 50% of all such motor vehicles      by January 1, 2010;
    v. 70% of all such motor vehicles       by January 1, 2011;
    vi. 90% of all such motor vehicles      by January 1, 2012;
    vii. 100% of all such motor vehicles    by July 1, 2012.


    c. (1) The commissioner shall make determinations, and shall publish a
  list  containing  such determinations, as to the best available retrofit
  technology to be used for each type of diesel fuel-powered motor vehicle
  to which this section applies. Each such determination shall be reviewed
  and  revised,  as needed, on a regular basis, but in no event less often
  than once every six months.
    (2) The commissioner may determine that a technology, whether  or  not
  it  has  been  verified  by  the  United States environmental protection
  agency or the California air resources  board,  may  be  appropriate  to
  test,  on  an  experimental  basis,  on  a  particular  type  of  diesel
  fuel-powered motor vehicle owned or  operated  by  a  city  agency.  The
  commissioner may authorize such technology to be installed on up to five
  percent or twenty-five of such type of motor vehicle, whichever is less.
  Any  motor  vehicle on which such technology is installed may be counted
  for the  purpose  of  meeting  the  requirements  of  paragraph  two  of
  subdivision  b of this section. Such technology shall not be required to
  be installed on other motor vehicles of  the  same  type  and  shall  be
  subject to the provisions of paragraph three of this subdivision.
    (3)  No  city  agency  shall  be  required  to  replace best available
  retrofit technology or experimental technology  utilized  for  a  diesel
  fuel-powered  motor  vehicle  in  accordance with the provisions of this
  section within three years of having first utilized such technology  for
  such  vehicle,  except that technology that falls within Level 4, as set
  forth in subdivision d of this section, shall  not  be  required  to  be
  replaced until it has reached the end of its useful life.
    d.  The  classification  levels for diesel emission control strategies
  are as follows, with Level 4 being the highest classification level:
    i. Level 4 - strategy reduces diesel particulate matter  emissions  by
  85  percent or greater or reduces engine emissions to less than or equal
  to 0.01 grams diesel particulate matter per brake horsepower-hour;
    ii. Level 3 - strategy reduces diesel particulate matter emissions  by
  between 50 and 84 percent;
    iii. Level 2 - strategy reduces diesel particulate matter emissions by
  between 25 and 49 percent;
    iv.  Level 1 - strategy reduces diesel particulate matter emissions by
  between 20 and 24 percent.
    e. The commissioner shall issue a written determination  that  permits
  the  use of diesel fuel that has a sulfur content of no more than thirty
  parts per million to fulfill the requirements of this section  if  ultra
  low  sulfur  diesel  fuel  is  not  available  to meet the needs of city
  agencies to fulfill the requirements of this section. Such determination
  shall expire after six months and shall be renewed in writing every  six
  months  if  such lack of availability persists, but in no event shall be
  in effect after September 1, 2006.
    f. The commissioner may issue a waiver for the use of ultra low sulfur
  diesel fuel where a city  agency  makes  a  written  finding,  which  is
  approved, in writing, by the commissioner, that a sufficient quantity of
  ultra  low  sulfur diesel fuel, or diesel fuel that has a sulfur content
  of no more than thirty parts per million where  a  determination  is  in
  effect  pursuant  to  subdivision e of this section, is not available to
  meet the requirements of this section, provided that such agency, to the
  extent practicable, shall use whatever  quantity  of  ultra  low  sulfur
  diesel  fuel  or  diesel  fuel that has a sulfur content of no more than
  thirty parts per million is available for its diesel fuel-powered  motor
  vehicles.  Any  waiver  issued pursuant to this subdivision shall expire
  after two months, unless the city agency renews the finding, in writing,
  and the commissioner approves such renewal, in writing.


    g. (1) Not later than January 1, 2007, and not later than January 1 of
  each year thereafter, the commissioner shall  submit  a  report  to  the
  comptroller  and  the  speaker  of  the  council  regarding, among other
  things, the use of ultra low sulfur diesel fuel and the use of the  best
  available  retrofit  technology  by  diesel  fuel-powered motor vehicles
  owned or operated by city  agencies  during  the  immediately  preceding
  calendar  year.  The information contained in this report shall include,
  but not be limited to, for each city agency: (i)  the  total  number  of
  diesel  fuel-powered  motor  vehicles  owned or operated by such agency;
  (ii) the number of such motor vehicles that were powered  by  ultra  low
  sulfur  diesel fuel; (iii) the total number of diesel fuel-powered motor
  vehicles owned or operated by such agency having a gross vehicle  weight
  rating of more than 8,500 pounds; (iv) the number of such motor vehicles
  that  utilized  the  best  available  retrofit  technology,  including a
  breakdown by motor vehicle model, engine year and the type of technology
  used for each vehicle; (v) the number of such motor  vehicles  that  are
  equipped  with  an engine certified to the applicable 2007 United States
  environmental protection agency standard for particulate matter  as  set
  forth  in  section  86.007-11  of  title  40  of  the  code  of  federal
  regulations or to any subsequent United States environmental  protection
  agency  standard  for  particulate matter that is at least as stringent;
  (vi) the number of such  motor  vehicles  that  utilized  technology  in
  accordance  with  paragraph two of subdivision c of this section and the
  results and analyses regarding the testing of such technology; and (vii)
  all waivers, findings, and renewals of such findings, issued pursuant to
  subdivision f of this section, which, for each  waiver,  shall  include,
  but  not  be  limited  to,  the  quantity of diesel fuel needed to power
  diesel fuel-powered motor vehicles owned or  operated  by  such  agency;
  specific  information  concerning  the  availability of ultra low sulfur
  diesel fuel or diesel fuel that has a sulfur content  of  no  more  than
  thirty  parts per million where a determination is in effect pursuant to
  subdivision e of this section; and detailed information  concerning  the
  agency's  efforts  to obtain ultra low sulfur diesel fuel or diesel fuel
  that has a sulfur content of no more than thirty parts per million where
  a determination is in effect pursuant to subdivision e of this section.
    (2) Where a determination is in effect pursuant to  subdivision  e  of
  this  section,  information  regarding  diesel  fuel  that  has a sulfur
  content of no more than thirty  parts  per  million  shall  be  reported
  wherever  information  is  requested  for  ultra  low sulfur diesel fuel
  pursuant to paragraph one of this subdivision.
    (3) The report due January 1, 2007 in accordance with paragraph one of
  this subdivision shall only include the information required pursuant to
  subparagraphs (i), (ii) and (vii) of such paragraph.
    h. This section shall not apply:
    (1) where federal or state funding precludes the  city  from  imposing
  the requirements of this section; or
    (2)  to  purchases that are emergency procurements pursuant to section
  three hundred fifteen of the charter.