§ 2-09 Financial Hardship Waiver from Vehicle Emissions Compliance.
RCNY § 2-09
(a)Pursuant to § 24-163.11(c) of the Administrative Code, the chairperson of the Commission may issue a waiver from the requirements of Administrative Code § 24-163.11(b)(1) to a licensee, registrant or applicant for a license or registration if compliance with the requirements of Administrative Code § 24-163.11(b)(1) would create an undue financial hardship on that licensee, registrant or applicant for a license or registration.
(b)To qualify for a waiver from the requirements of Administrative Code § 24-163.11(b)(1), the applicant for the waiver must demonstrate to the Commission that complying with Administrative Code § 24-163.11(b)(1) would create an undue financial hardship. The waiver applicant must submit to the Commission an undue financial hardship waiver application as proscribed by the Commission, which will require the following information: 1. All actions the waiver applicant has taken up to the date of the application to bring its fleet into compliance with § 24-163.11(b)(1) of the Administrative Code; 2. Information demonstrating that bringing the waiver applicant's truck fleet into compliance with § 24-163.11(b)(1) of the Administrative Code would cost more than 30 percent of the company's average gross revenue from the previous three years; 3. Information demonstrating that the waiver applicant has made a good faith effort to secure financing to cover the costs of bringing its truck fleet into compliance with § 24-163.11(b)(1) of the Administrative Code but has been unable to secure such financing, together with an explanation as to why the applicant could not secure financing; and 4. A written plan demonstrating how the waiver applicant will bring its truck fleet into compliance with the requirements of § 24-163.11(b)(1) of the Administrative Code and when it will do so.
(c)Any entity applying for a license or registration for the first time after January 1, 2019 and seeking a financial hardship waiver must provide all of the information set forth in 17 RCNY § 2-09(b)1-4, and explain why any trucks that were purchased prior to applying for the financial hardship waiver were not compliant with Local Law 145/2013 when purchased.
(d)The chairperson of the Commission may deny a waiver for undue financial hardship where the applicant for such waiver fails to provide the information required by the Commission on the waiver application, for failure to demonstrate a good faith effort to comply with the requirements of § 24-163.11(b)(1) of the Administrative Code without a need for a waiver, for failure to demonstrate the ability to come into compliance with the requirements of § 24-163.11(b)(1) within a maximum of two years if granted a financial hardship waiver, or for failure to demonstrate the ability to come into compliance with the requirements of § 24-163.11(b)(1) by January 1, 2025.
(e)Financial hardship waivers granted pursuant to § 24-163.11(c) of the Administrative Code will specify the length of the waiver and will be valid for a period of no more than 2 years. Any entity granted a financial hardship waiver may apply to the chairperson of the Commission to renew the waiver no later than 180 days before the expiration of the waiver. All financial hardship waivers will expire no later than January 1, 2025. (Added City Record 10/17/2018, eff. 11/16/2018)
