Updated: June 18, 2004

Use of Ultra Low Sulfur Diesel Fuel by Nonroad Vehicles

Local Law 77 Signed by Mayor Bloomberg

On December 22, 2003, Mayor Bloomberg signed into law Local Law 77 of the year 2003. The law amended the Administrative Code of the City of New York in relation to the use of ultra low sulfur fuel and best available technology by nonroad vehicles in city construction. To comply with this Local Law, DEP has promulgated determinations as to what constitutes best available technology for reducing emission of pollutants to be used for each type of diesel powered non-road vehicle affected by the law.

The following document states the Rules concerning the use of ultra-low sulfur fuel and emissions control technology in non road vehicles used in city construction.

The entire legislation can be found on the New York City Council website at http://www.nyccouncil.info/.

Local Law 77 Milestones

June 19, 2004:

1. The use of ultra low sulfur diesel (ULSDF) fuel and best available technology (BAT) in Lower Manhattan, which constitutes the area to the south of and within 14th Street, shall apply to any public works contract entered into or renewed after the effective date of this legislation, which is June 19, 2004. In addition, any diesel-powered nonroad vehicle owned, operated by or lease by a City agency must be powered by ULSDF and must use BAT in Lower Manhattan.

2. Any solicitation for a public works contract shall specify that all contractors shall use diesel fuel which does not contain a sulfur content of more than 15 ppm.

3. Any solicitation for a public works contract must require that contractors use the BAT for reducing emission of pollutants.

4. A list of BAT must be published by the Commissioner of DEP and the technology on the list must be verified by the USEPA or California Air Resources Board, however, the Commissioner may select non verified technology as is deemed appropriate. The list must be updated regularly, but not less than once every six months. The list must go through the CAPA process pursuant to the City Charter, Chapter 45.

December 19, 2004:

1. Any diesel nonroad vehicle owned, operated by or leased by a City agency must be powered by ULSDF.

2. Any solicitation for a public works contract entered into as a result of such solicitation must require that contractors in their performance of the contract use ULSDF in diesel-powered nonroad vehicles.

3. This timeframe is not applicable to any public works contract entered into or renewed prior to June 19, 2004.

June 19, 2005:

1. Any diesel-powered nonroad vehicle that is owned, operated by, or leased by a city agency shall utilize BAT for reducing the emission of pollutants.

2. Any solicitation for a public works contract for more than $2 Million and any contract entered into as a result of such solicitation shall include a requirement that all contractors in the performance of such contract utilize BAT for reducing the emission of pollutants.

December 19, 2005:

1. Any solicitation for a public works contract for up to $2 Million and any contract entered into as a result of such solicitation, shall include a requirement that all contractors in the performance of such contract, utilize BAT for reducing the emissions of pollutants. Thus, all contractors, City-wide must use BAT for City projects.

Important Waivers

1. An agency can make a finding, approved by the Commissioner, that neither ultra low sulfur fuel with 15-30 ppm is available in quantities sufficient to satisfy the requirements of the contract. It provides an agency an “out” if neither 15 ppm nor 30 ppm is available. If they make such a finding, it expires after 60 days. Even if such a finding, the agency shall use whatever quantity of 15 ppm or 15-30 ppm fuel is available.

2. A city agency may make a finding, approved by the Commissioner that such best available technology does not exist. If the Commissioner approves of the finding, the agency or contractor shall use whatever technology is available and appropriate.