Subchapter A: General Provisions
Best available retrofit technology. "Best available retrofit technology" shall mean a 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 15 RCNY § 15-04, 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.
CARB. "CARB" shall mean the California Air Resources Board.
City agency. "City agency" shall mean 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.
Code. "Code" shall mean the Administrative Code of the City of New York.
Commissioner."Commissioner" shall mean the Commissioner of the New York City Department of Environmental Protection or her designee.
Department. "Department" shall mean the Department of Environmental Protection.
EPA. "EPA" shall mean the United States Environmental Protection Agency.
Gross vehicle weight rating. "Gross vehicle weight rating" shall mean the value specified by the manufacturer of a motor vehicle model as the maximum design loaded weight of a single vehicle of that model.
Motor vehicle. "Motor vehicle" shall mean a vehicle operated or driven upon a public highway that 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.
Person. "Person" shall mean any natural person, co-partnership, firm, company, association, joint stock association, corporation or other like organization.
Reasonable cost. "Reasonable cost" shall mean 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 15 RCNY § 15-04, when considering the cost of the strategies, themselves, and the cost of installation.
Ultra low sulfur diesel fuel. "Ultra low sulfur diesel fuel" shall mean diesel fuel that has a sulfur content of no more than fifteen parts per million.
(Amended City Record 3/15/2017, eff. 4/14/2017)
Editor's note: The amendment from City Record 3/15/2017 purported to add definitions of "CARB" and "EPA" to 15 RCNY § 15-04, but the new definitions were added here at the discretion of the editor.
Subchapter B: Use of Best Available Retrofit Technology and Ultra Low Sulfur Diesel Fuel
Pursuant to § 24-163.4 of the Code, any diesel fuel-powered motor vehicle having a gross vehicle weight rating of more than 8,500 pounds that is owned or operated by a City agency must utilize the Best Available Retrofit Technology ("BART"), as defined in 15 RCNY § 15-01. In making their selections, agencies are directed to consult the EPA and CARB verified lists at http://www.epa.gov/ otaq/retrofit/retroverifiedlist.htm and http://www.arb.ca.gov/diesel/verdev/back-ground.htm.
City agencies must select BART for their diesel fuel-powered motor vehicles in accordance with 15 RCNY § 15-05. City agencies must notify the Department of their selections, and the Department will make a determination as to whether the BART selected may be utilized for the vehicle, engine and application for which it was selected. The Department will notify the selecting agency of its determination. City agencies are not required to select BART for their diesel fuel-powered motor vehicles in the following circumstances:
(1) If a vehicle will be retired within the next 12 months, the vehicle does not have to be retrofitted if vehicle usage is limited to 2,000 miles; if the agency does not limit such usage to 2,000 miles, a DOC must be installed; and
(2) If a vehicle will be retired within the next 36 months, the vehicle must have a DOC installed, and vehicle usage must be limited to yearly mileage of 3,000 miles or 30% of the mileage averaged over the last three years, whichever is less. Agencies that are retiring their vehicles pursuant to this section must provide the odometer or hour-meter reading and date it was taken to the Department and must maintain a mileage log for the vehicle(s).
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