Section 24-163.6. Use of best available retrofit technology by sight-seeing buses

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) "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.
    (3) "Sight-seeing bus" means a motor vehicle designed  to  comfortably
  seat  and carry eight or more passengers operating for hire from a fixed
  point in the city of New York to  a  place  or  places  of  interest  or
  amusements,  and  shall  also  include  a vehicle, designed as aforesaid
  which by oral or written contract is let and hired or otherwise  engaged
  for its exclusive use for a specific or special trip or excursion from a
  starting point within the city of New York.
    b. Beginning January 1, 2007, any diesel fuel-powered sight-seeing bus
  that  is  licensed pursuant to subchapter 21 of chapter 2 of title 20 of
  the administrative code and that is equipped with an engine that is over
  three years old shall utilize the best available retrofit technology.
    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 sight-seeing
  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 owner or operator of a  diesel  fuel-powered  sight-seeing  bus
  licensed  pursuant  to  the  provisions of subchapter 21 of chapter 2 of
  title 20 of the administrative code shall be required  to  replace  best
  available  retrofit  technology  or other authorized technology utilized
  for a diesel fuel-powered 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 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 may issue  a  waiver  for  the  use  of  the  best
  available  retrofit technology by a diesel fuel-powered sight-seeing bus

  where the department of consumer affairs 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  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.
    f.  The  requirements of subdivision b of this section shall not apply
  to a diesel-fuel powered sight-seeing  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
  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.
    g.  Not  later  than  January 1, 2008, 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 the best  available  retrofit  technology  by  diesel
  fuel-powered  sight-seeing buses during the immediately preceding fiscal
  year. This report shall include, but not be limited to:  (i)  the  total
  number  of  diesel  fuel-powered sight-seeing buses licensed pursuant to
  subchapter 21 of chapter 2 of title 20 of the administrative code;  (ii)
  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; (iii) the number of such buses
  that  utilized  other  authorized  technology  in  accordance  with this
  section, including a breakdown by vehicle model,  engine  year  and  the
  type  of technology used for each vehicle; (iv) 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 f of  this  section;  (v)  the  locations
  where  such  buses that 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;  (vi) the age of the engine with which each bus that
  did not utilize the best available retrofit technology is equipped;  and
  (vii)  all  waivers  issued  pursuant  to subdivision e of this section,
  which shall include, but not be limited to, all  findings  and  specific
  information submitted by the department of consumer affairs or the owner
  or  operator  of  a diesel fuel-powered sight-seeing bus 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.
    h. Any owner or operator of a diesel fuel-powered sight-seeing bus who
  violates  any  provision  of  this  section,  except  as   provided   in
  subdivision  i  of  this section, shall be liable for a civil penalty of
  not less than one thousand  dollars  and  not  more  than  ten  thousand
  dollars, in addition to twice the amount of money saved by such owner or
  operator for failure to comply with this section.
    i.  Where  an  owner or operator of a diesel fuel-powered sight-seeing
  bus has been found to have made  a  false  claim  with  respect  to  the
  provisions  of  this section, such owner or operator shall be liable for
  an additional civil penalty of twenty thousand dollars.