Int. No.

By Council Member Gennaro

A Local Law to amend the administrative code of the city of New York, in relation to the use of renewable diesel fuel

Be it enacted by the Council as follows:

Section 1. The title of section 24-163.4 of the administrative code of the city of New York, as amended by local law number 38 for the year 2015, is amended to read as follows:

§ 24-163.4 Use of renewable diesel fuel, ultra low sulfur diesel fuel, and best available retrofit technology by the city’s diesel fuel-powered motor vehicles.

§ 2. Subdivisions a, b, e, and f of section 24-163.4 of the administrative code of the city of New York, as amended by local law number 38 for the year 2015, are amended to read as follows:

a. Definitions. [When used in this section] For purposes of this section, the following terms have the following meanings:

[“Best available retrofit technology”] Best available retrofit technology. The term “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.

Carbon intensity. The term “carbon intensity” means the amount of greenhouse gas emissions that occur as a result of extraction, production, and consumption of a fuel, per unit of energy produced.

[“Gross vehicle weight rating”] Gross vehicle weight rating. The term “gross vehicle weight rating” means 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. The term “motor vehicle” means a vehicle operated or driven upon a public highway which 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, or vehicles, other than buses, specially equipped for emergency response by the department of correction.

[“Person”] Person. The term “person” means any natural person, co-partnership, firm, company, association, joint stock association, corporation, or other like organization.

[“Reasonable cost”] Reasonable cost. The term “reasonable cost” means that such technology does not cost greater than [thirty] 30 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.

Renewable diesel. The term “renewable diesel” means a fuel, designated R100, that is derived from feedstock, meets the specifications of ASTM designation D 975 grade number 1-D S15, and has a carbon intensity that is at least 60 percent less than that of ultra low sulfur diesel fuel.

[“Ultra low sulfur diesel fuel”] Ultra low sulfur diesel fuel. The term “ultra low sulfur diesel fuel” means diesel fuel that has a sulfur content of no more than [fifteen] 15 parts per million.

[“Biodiesel” means a fuel, designated B100, that is composed exclusively of mono-alkyl esters of long chain fatty acids derived from feedstock and that meets the specifications of ASTM designation D 6751-12.]

b. (1) Each diesel fuel-powered motor vehicle owned or operated by a city agency shall be powered [by an ultra low sulfur diesel fuel blend containing biodiesel] as follows:

i. [for] For the fiscal years beginning July 1, 2014, and July 1, 2015, by an ultra low sulfur diesel fuel blend containing at least [five] 5 percent biodiesel (B5) by volume; [and]

ii. [for] For the fiscal [year] years beginning July 1, 2016[, and thereafter] through July 1, 2025, between the months of April to November, inclusive, by an ultra low sulfur diesel fuel blend containing at least [twenty] 20 percent biodiesel (B20) by volume, and between the months of December to March, inclusive, by an ultra low sulfur diesel fuel blend containing at least [five] 5 percent biodiesel (B5) by volume[.]; and

iii. For the fiscal year beginning July 1, 2026, and thereafter, by renewable diesel fuel or a renewable diesel fuel blend containing no more than 5 percent biodiesel (B5) by volume.

(2) Diesel fuel-powered motor vehicles having a gross vehicle weight rating of more than 8,500 pounds that are owned or operated by city agencies shall utilize the 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 §] 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, pursuant to the following schedule:

i. [7%] 7 percent of all such motor vehicles by January 1, 2007;

ii. [14%] 14 percent of all such motor vehicles by January 1, 2008;

iii. [30%] 30 percent of all such motor vehicles by January 1, 2009;

iv. [50%] 50 percent of all such motor vehicles by January 1, 2010;

v. [70%] 70 percent of all such motor vehicles by January 1, 2011;

vi. [90%] 90 percent of all such motor vehicles by January 1, 2012;

vii. [100%] 100 percent of all such motor vehicles by July 1, 2012.

(3) Notwithstanding any provision of subdivision c of this section, diesel fuel-powered motor vehicles having a gross vehicle weight rating of more than 8,500 pounds that are owned or operated by city agencies shall utilize the best available retrofit technology that meets the level 4 emission control strategy as defined in subdivision d of this section, 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 §] 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, pursuant to the following schedule:

i. [50%] 50 percent of all such motor vehicles by January 1, 2014;

ii. [70%] 70 percent of all such motor vehicles by January 1, 2015;

iii. [80%] 80 percent of all such motor vehicles by January 1, 2016; and

iv. [90%] 90 percent of all such motor vehicles by January 1, 2017.

e. (1) Paragraph [one] (1) of subdivision b of this section, as that paragraph applies to the requirement that each diesel fuel-powered motor vehicle owned or operated by a city agency be powered by renewable diesel fuel, a renewable diesel fuel blend, or ultra low sulfur diesel fuel, shall not apply to any motor vehicle covered under a federal waiver for the use of renewable diesel fuel, renewable diesel fuel blends, or 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 city agency shall fully comply with the terms of such federal waiver, and that the requirements of paragraph [one] (1) of subdivision b of this section shall be in full force and effect upon the expiration of such federal waiver.

(2) The commissioner may issue a waiver for the use of renewable diesel fuel, a renewable diesel fuel blend containing no more than 5 percent biodiesel (B5) by volume, or an ultra low sulfur diesel fuel blend that contains the amount of biodiesel required pursuant to subdivision b of this section where a city agency makes a written finding, which is approved, in writing, by the commissioner, that a sufficient quantity of such renewable diesel fuel, renewable diesel fuel blend containing no more than 5 percent biodiesel (B5) by volume, or ultra low sulfur diesel fuel blend containing biodiesel is not available to meet the requirements of this section. Any waiver issued pursuant to this paragraph shall expire after [two] 2 months, unless the city agency renews the finding, in writing, and the commissioner approves such renewal, in writing.

(3) The commissioner may issue a waiver for the use of renewable diesel fuel, a renewable diesel fuel blend containing no more than 5 percent biodiesel (B5) by volume, or an ultra low sulfur diesel fuel blend that contains the amount of biodiesel required pursuant to subdivision b of this section where a city agency makes a written finding, which is approved, in writing, by the commissioner, that the use of biodiesel in a particular type of motor vehicle would void the manufacturer’s warranty for such vehicle.

f. (1) 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 renewable diesel fuel, renewable diesel fuel blends, and ultra low sulfur diesel fuel and the use of the best available retrofit technology by diesel fuel-powered motor vehicles owned or operated by city agencies during the immediately preceding calendar year. The information contained in this report shall include, but not be limited to, for each city agency: (i) the total number of diesel fuel-powered motor vehicles owned or operated by such agency; (ii) the number of such motor vehicles that were powered by ultra low sulfur diesel fuel; (iii) the total number of diesel fuel-powered motor vehicles owned or operated by such agency having a gross vehicle weight rating of more than 8,500 pounds; (iv) the number of such motor vehicles that utilized the best available retrofit technology, including a breakdown by motor vehicle model, engine year, and the type of technology used for each vehicle; (v) the number of such motor vehicles that are equipped with an engine certified to the applicable 2007 United States environmental protection agency standard for particulate matter as set forth in [40 CFR §] section 86.007-11 of title 40 of the code of federal regulations or to any subsequent United States environmental protection agency standard for particulate matter that is at least as stringent; (vi) the number of such motor vehicles that utilized technology in accordance with paragraph [two] (2) of subdivision c of this section and the results and analyses regarding the testing of such technology; [and] (vii) all waivers, findings, and renewals of such findings, issued pursuant to subdivision e of this section, which, for each waiver, shall include, but not be limited to, the quantity of diesel fuel needed to power diesel fuel-powered motor vehicles owned or operated by such agency[.]; and (viii) the number of such motor vehicles that were powered by renewable diesel fuel or a renewable diesel fuel blend containing no more than 5 percent biodiesel (B5) by volume.

(2) The report due January 1, 2007 in accordance with paragraph [one] (1) of this subdivision shall only include the information required pursuant to subparagraphs (i), (ii), and (vii) of such paragraph.

§ 3. This local law takes effect immediately.

AGB/MC/SNT

LS #15359/19964

09/24/2025 12:44 PM