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What is NYC RCNY § 15-02?

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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 direct

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§ 15-02 Best Available Retrofit Technology Determination.

RCNY § 15-02

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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