The commissioner may acquire by purchase, condemnation or otherwise as provided in section 22-105 of the code, the title to such wharf property and uplands within the city, as he or she shall deem necessary for the equipment, maintenance or operation of a ferry, the terminal facilities therefor and the approaches thereto, whether or not such wharf property or uplands have previously been taken for a public use.
Leases of any ferry or any wharf property necessary for the use of a ferry may provide for the character of transportation service to be furnished by the lessee including the character and speed of the boats to be used, frequency of trips, rates of fare and commutation and freight charges, and may provide for forfeiture of the lease in the event of failure to comply with its provisions in relation thereto.
a. There shall be no rate of ferriage charged for foot passengers by any city owned and operated ferry operating between the borough of Manhattan and the borough of Staten Island.
b. The rate of ferriage to be charged for vehicles owned and operated by persons who are elderly or have a disability on any city owned and operated ferry operating between the borough of Manhattan and the borough of Staten Island shall be one-half of the rate applicable to vehicles operated by other persons.
a. Any city owned and operated ferry operating between the Whitehall terminal in the borough of Manhattan and the St. George terminal in the borough of Staten Island shall operate, at a minimum, according to the following schedule:
(i) On Monday through Friday, except on legal holidays, a ferry shall depart from the Whitehall terminal in the borough of Manhattan every twenty minutes between 6:30 a.m. and 8:30 a.m.; every fifteen minutes between 8:30 a.m. and 9:30 a.m.; every thirty minutes between 9:30 a.m. and 4:00 p.m.; every twenty minutes between 4:00 p.m. and 5:00 p.m.; every fifteen minutes between 5:00 p.m. and 7:00 p.m.; every twenty minutes between 7:00 p.m. and 8:00 p.m.; every thirty minutes between 8:00 p.m. and 1:30 a.m.; and every hour between 2:00 a.m. and 6:00 a.m.
(ii) On Monday through Friday, except on legal holidays, a ferry shall depart from the St. George terminal in the borough of Staten Island at 5:30 a.m.; every twenty minutes between 6:00 a.m. and 7:00 a.m.; every fifteen minutes between 7:00 a.m. and 9:00 a.m.; every thirty minutes between 9:00 a.m. and 3:30 p.m.; every twenty minutes between 3:30 p.m. and 5:30 p.m.; every fifteen minutes between 5:30 p.m. and 7:00 p.m.; every thirty minutes between 7:00 p.m. and 1:00 a.m.; and every hour between 1:00 a.m. and 5:00 a.m.
(iii) On Saturdays, except on legal holidays, service both to and from Manhattan's Whitehall terminal and Staten Island's St. George terminal shall be every thirty minutes except between the hours of 2:00 a.m. and 6:00 a.m., in which case service shall be every hour.
(iv) On Sundays, except on legal holidays, service both to and from Manhattan's Whitehall terminal and Staten Island's St. George terminal shall be every thirty minutes except between the hours of 2:00 a.m. and 9:00 a.m., in which case service shall be every hour.
(v) On legal holidays, service both to and from Manhattan's Whitehall terminal and Staten Island's St. George terminal shall include ferry departures every thirty minutes between the hours of 7:00 a.m. and 7:00 p.m.
(vi) On or before May 1, 2015, service both to and from Manhattan's Whitehall terminal and Staten Island's St. George terminal shall be every thirty minutes at all times except when more frequent service is required by this subdivision.
(vii) If the department in consultation with the office of the mayor determines that it is not economically feasible to fully expand service pursuant to paragraph (vi) of this subdivision, the department in consultation with the office of the mayor shall provide a report to the mayor, speaker of the council, and the borough presidents of Manhattan and Staten Island describing the reasons why fully expanding such service is not economically feasible by April 1, 2015, which shall include but not be limited to the following factors: an analysis of ridership numbers, including a breakdown by time of trip, day and month of the year; a review of any recent or anticipated economic development or other economic or population changes that have affected or could affect ridership numbers; and plans for future expansion in service and a timeline for such expansion. Every two years thereafter by April 1 the department in consultation with the office of the mayor shall review such determination and provide a report to the mayor, speaker of the council, and the borough presidents of Manhattan and Staten Island, including but not limited to the foregoing factors as well as a description of any expansion of service since the enactment of the local law that added this paragraph.
b. The schedule of service set forth in subdivision a of this section shall not apply to service disruptions resulting from security concerns, mechanical malfunctions of a ferry, unsafe weather conditions, emergencies or other similar events beyond the control of the department that would prevent compliance with such schedule. In the event of any such disruption in the schedule of service set forth in subdivision a of this section that lasts longer than twenty-four hours, the commissioner or a designee shall submit a written report to the mayor and speaker of the council which shall include the specific reasons for the disruption and the time at which service was restored. If service has not been restored by the time the report must be submitted, the report shall also include the estimated duration of the disruption in service and what, if any, attempts are being made to mitigate the loss of scheduled service. In the event a disruption in the schedule of service lasts longer than seven days, on the eighth day and every seven days thereafter, the commissioner or a designee shall submit a written report to the mayor and speaker of the council that shall include an update on the status of resuming service.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2005/055 and L.L. 2013/088.
(Repealed L.L. 2023/068, 5/29/2023, eff. 6/28/2023)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2005/117.
a. For purposes of this section only, the following terms shall have the following meanings:
(1) "City ferry" means any motorized watercraft that is used as a means of commuter passenger mass transportation by water that is owned or operated by or on behalf of the city.
(2) "Retrofit" means the installation of a pollution control device on the exhaust system after the engine, such as a diesel oxidation catalyst.
(3) "Tier 2 air quality standards for marine engines" means the engine exhaust emission standards listed in 40 CFR § 89.112(a) (for marine diesel engines under 37 kW) and listed in 40 CFR § 94.2(a) (for all other marine diesel engines).
(4) "Ultra low sulfur diesel fuel" means diesel fuel that has a sulfur content of no more than fifteen parts per million.
b. As of July 1, 2008, every diesel fuel-powered city ferry shall be powered by ultra low sulfur diesel fuel.
c. (1) Engine upgrades. Diesel fuel-powered city ferries shall utilize the best available technology for reducing the emissions of pollutants through engine upgrades, in accordance with the following schedule:
(i) two such ferries shall utilize such technology by July 1, 2008;
(ii) three such ferries shall utilize such technology by January 1, 2009;
(iii) four such ferries shall utilize such technology by January 1, 2010;
(iv) five such ferries shall utilize such technology by July 1, 2010;
(v) all such ferries shall utilize such technology by January 1, 2011.
(2) Retrofits on the exhaust system. Diesel fuel-powered city ferries shall utilize the best available technology for reducing the emissions of pollutants through retrofits on the exhaust system, in accordance with a proposed schedule to be developed by the commissioner and submitted to the council by July 1, 2009. Thirty days after any successful demonstration of a technology on a city ferry, the schedule shall be reviewed and revised, if appropriate, and resubmitted to the council. Any such proposed and revised schedule shall require the retrofitting of every city ferry as soon as is possible given manufacturing, dry dock, repair and operational considerations.
d. (1) Any diesel fuel-powered city ferry that is newly purchased or placed in operation after the effective date of this section shall meet the then current United States environmental protection agency's air quality standards, provided that such standards shall be at least as stringent as the United States environmental protection agency's Tier 2 air quality standards for marine engines.
(2) Any engine upgrade kit that is certified by the United States environmental protection agency may be used to achieve Tier 2 air quality standards for marine engines.
(3) Any diesel fuel-powered city ferry that on the day first purchased or newly operated by the city meets the then current United States environmental protection agency's air quality standards for marine engines, provided that such standards shall be at least as stringent as the United States environmental protection agency's Tier 2 air quality standards for marine engines, shall meet the requirements of subdivision c of this section.
(4) Any diesel fuel-powered city ferry that is in use thirty years after being placed into service or at least seven years after the installation of best available technology and cannot be retrofitted, upgraded or repowered to comply with the United States environmental protection agency's Tier 2 air quality standards for marine engines, shall be retired.
e. (1) The commissioner shall make determinations, subject to the written approval of the commissioner of environmental protection, and shall publish a list of such determinations as to the best available technology to be used for each class of city ferry to which this section applies for the purposes of subdivision c of this section. Each such determination, which shall be reviewed and revised as needed but in no event less often than once every six months, shall be based upon the reduction in emissions of particulate matter and 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. In determining the best available technology for each class of city ferry, the commissioner shall select technology that has been certified by the United States environmental protection agency or approved by the United States coast guard or such other technology that the commissioner determines is at least as stringent as the United States environmental protection agency Tier 2 air quality standards for marine engines.
(2) The city shall not be required to replace best available technology for reducing the emission of pollutants or other authorized technology utilized for a diesel fuel-powered city ferry in accordance with the provisions of paragraph one of subdivision c of this section within seven years of having first utilized such technology for such ferry.
f. This section shall not apply: (i) where federal or state funding precludes the city from imposing the requirements of this section; or (ii) to purchases that are emergency procurements pursuant to section three hundred fifteen of the charter.
g. Subdivision b of this section shall not apply where the commissioner, subject to the written approval of the commissioner of environmental protection, makes a written finding that a sufficient quantity of ultra low sulfur diesel fuel is not available to meet the requirements of subdivision b of this section or is not technically or operationally feasible; provided that the city, shall maximize its use of ultra low sulfur diesel fuel with a sulfur content of fifteen parts per million, and further provided that any diesel fuel used that is not ultra low sulfur diesel fuel contains the next lowest sulfur content available. Any finding made pursuant to this subdivision shall expire after six months, at which time the requirements of subdivision b of this section shall be in full force and effect unless the commissioner renews the finding in writing and such renewal is approved in writing by the commissioner of environmental protection.
h. Subdivision c of this section shall not apply to a diesel fuel-powered city ferry where the commissioner makes a written finding, which is approved in writing by the commissioner of environmental protection, that the best available technology for reducing the emission of pollutants as required by that subdivision is unavailable for such city ferry, is not technically, operationally or economically feasible, or is not available on the required time table due to delays in manufacturing such technology or in the availability of dry dock or other repair facilities that are necessary for installing such technology. Where a finding is in effect pursuant to this subdivision, the city shall revise its proposed engine upgrade implementation schedule within thirty days of the grant of renewal of the finding and use the next best available technology for reducing the emission of pollutants that is appropriate for such city ferry. Any finding made pursuant to this subdivision shall expire after six months, at which time the requirements of subdivision c of this section shall be in full force and effect unless the commissioner renews the finding in writing and such renewal is approved in writing by the commissioner of environmental protection.
i. In determining which technology to use for the purposes of subdivision h of this section, the city shall consider the reduction in emissions of particulate matter and 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.
j. Reserved.
k. The commissioner shall conduct a study to determine the feasibility of utilizing in city ferries (i) alternative fuels, which shall include but need not be limited to the combustion of biodiesel of at least five percent biodiesel by volume (B5) and up to 20 percent biodiesel by volume (B20) and renewable diesel and (ii) alternative fuel technologies, which shall include but need not be limited to hybrid electric, battery electric and fuel-cell electric power trains. The study shall include a review of the types and classes of ferries used and planned to be used and, as applicable, their compatibility with the alternative fuels and alternative fuel technologies studied, the availability of such fuels and technologies, the mixing and storage of such fuels and technologies and other relevant issues including barriers, opportunities and regulatory requirements related to the use of such fuels and technologies in city ferries. No later than December 31, 2019, the commissioner shall electronically submit to the mayor and the speaker of the council, and make publicly available online, a report detailing the findings of this study with recommendations relating to the use of alternative fuels and technologies in city ferries and shall thereafter, to the fullest extent the commissioner determines to be practicable based upon such report, implement the use of such fuels or technologies in city ferries.
(Am. L.L. 2018/027, 1/8/2018, eff. 1/8/2018; Am. L.L. 2023/069, 5/29/2023, eff. 6/28/2023)
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