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/.

Rules Concerning the Use of Emissions Control Technology on Sight-Seeing Buses

On May 11, 2005, Mayor Michael Bloomberg signed Local Law 41 for the year 2005. The law amended the Administrative Code of the City of New York in relation to the use of best available retrofit technology ("BART") by sight-seeing buses. The law requires that beginning January 1, 2007, any sight-seeing bus that is licensed by the Department of Consumer Affairs (DCA) and is equipped with an engine that is over three years old shall utilize BART for reducing the emission of pollutants. A sight-seeing bus, as defined by the law, is a vehicle that carries eight or more passengers and operates for hire from a fixed point in the City to a place of interest or amusement. The law provides that the Commissioner of the Department of Environmental Protection 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 sight-seeing bus affected by the law. DEP went through the CAPA process and selected diesel particulate filters and diesel oxidation catalysts as the BART.