Rules Concerning the Use of Ultra-Low Sulfur Diesel Fuel and Emissions Control Technology on Vehicles that Transport Children to and from School

On May 11, 2005, Mayor Michael Bloomberg signed Local Law 42 for the year 2005. The law amended the Administrative Code of the City of New York in relation to the use of ultra low sulfur diesel fuel ("ULSDF") and the best available retrofit technology ("BART") by vehicles that transport children to and from school. The law requires that by September 1, 2006 all diesel fuel-powered school buses shall be powered by ULSDF. The law provides that the Commissioner shall make determinations, and shall publish a list of such determinations, as to the BART for reducing the emission of pollutants to be used for each type of diesel fuel-powered school bus affected by the law. DEP went through the Citywide Administrative Procedure Act (CAPA) process and promulgated a list of what constitutes BART in a hierarchical schematic.