Local Law 145 of 2013: Vehicle Emission Law

Background on Law

New York City’s vehicle emission law (also known Local Law 145 of 2013) was passed in December 2013 to address pollutant reduction of heavy duty trade waste vehicles. The law requires that by January 1, 2020, all “heavy duty trade waste hauling vehicles,” as defined in the law, must be equipped with either an EPA certified 2007 (or later) engine or utilize “Best Available Retrofit Technology,” as defined by the New York City Department of Environmental Protection. See Title 24, Chapter 1, Subchapter 7, of the New York City Administrative Code Section 24-163.11.  Under the law, the Commission may exempt companies temporarily from compliance with the law based on financial hardship.  To receive such an exemption, a company must apply for a financial hardship waiver.

Application for Financial Hardship Waiver

On October 9, 2018, the Commission voted to approve a rule relating to a financial hardship waiver from compliance with Local Law 145 of 2013. Any licensee or registrant (including first time applicants for a license or registration) seeking a financial hardship waiver must submit its application to the Commission by close of business on January 1, 2019. 

You should begin gathering the documents you will need to submit in order to apply.  They are as follows:

  • Signed copies of submitted federal tax returns of the applicant business from the past three (3) years;
  • Any and all material related to an attempt to apply for financing, e.g., correspondence between applicant company and a bank, copy of application, terms proposed by bank, and denial of financing; and
  • A written statement explaining when and how the applicant believes it will be in compliance with Local Law 145 of 2013. Please include the following information as part of your response:
    • When the applicant believes it will bring its entire truck fleet into compliance with Local Law 145/2013;
    • Specify the method of compliance for each non-compliant vehicle (e.g. retrofit, ’07 or later engine installed, retire, etc.); and
    • If retiring a vehicle, specify how it will be retired (e.g. scrapped, sold, used out of state, replaced, etc.).

To Apply

Current Active, Approved Licensees and Registrants

For current active, approved Licensees and Registrants (this includes Licensees and Registrants who are pending renewal with BIC), please log into the BIC Vehicle Management Portal  to complete the application. For more information click here.

Pending Applicants or a Business Applying with BIC for the first time 

Please contact BIC at (212) 437-0555. For pending applicants, please have your BIC file number and company name ready and note that this is to request a financial hardship waiver application.

Resources

LL 145 Law
LL 145 BIC PowerPoint
Financial Hardship Waiver Rule
DEP Website re Emissions From Transportation
DEP Rule re Retrofits
BIC F.A.Q.