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§ 24-155 Maintenance of equipment and apparatus.
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§ 24-157 Use of fuel burning equipment using bituminous coal without control apparatus prohibited. [Repealed]
§ 24-158 Use of department of sanitation refuse burning equipment without control apparatus prohibited. [Repealed]
§ 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.
§ 24-160 Use of air contaminant recorder; boilers.
§ 24-161 Use of fuel burning equipment using residual fuel oil; operation and supervision by trained person.
§ 24-162 Operation of refuse burning equipment, other than municipal; time restriction. [Repealed]
§ 24-163 Operation of motor vehicle; idling of engine restricted.
§ 24-163.1 Purchase of cleaner vehicles.
§ 24-163.2 Alternative fuel buses and sanitation vehicles.
§ 24-163.3 Use of ultra low sulfur diesel fuel and best available technology in nonroad 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.
§ 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.
§ 24-163.6 Use of best available retrofit technology by sight-seeing buses.
§ 24-163.7 Use of ultra low sulfur diesel fuel and best available retrofit technology in school bus transportation.
§ 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.
§ 24-163.9 Retrofitting, age limitations, fuel use of diesel fuel-powered school buses and use of all-electric zero emission school buses.
§ 24-163.10 Use of auxiliary power units in ambulances. [Repealed]
§ 24-163.11 Trade waste vehicles.
§ 24-163.12 Mobile food vending units.
§ 24-163.13 Electrification of city fleet workforce development report.
§ 24-164 Operation of soot blower of vessels prohibited.
§ 24-165 Use of air contaminant detectors and recorders.
§ 24-166 Use of combustion shutoff; halting of emission of air contaminant.
§ 24-167 Improper use of equipment or apparatus prohibited.
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§ 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)
§ 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)
§ 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.
§ 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)
§ 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.
§ 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)
§ 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.
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