Your guide to NYC's public proceedings.
Q&A
Enforcement mechanisms for the indirect source rule
1:27:00
·
120 sec
Dawn Miller from DEP explains the enforcement mechanisms for the proposed indirect source rule, emphasizing that it is a regulatory policy with compliance requirements and penalties for non-compliance.
- The indirect source rule is a regulatory policy, not an incentive-based approach
- There would be penalties for non-compliance, to be worked out in legislation and rulemaking
- The main compliance mechanism is reporting by warehouses on their truck trips and actions taken from the points menu
- Documentation would be required and subject to verification audits
- Commissioner Aggarwala notes that unlike California, NYC's rule wouldn't include building emissions due to existing Local Law 97
Alexa Avilés
1:27:00
Are there I know the program is also relatively newish in California.
1:27:07
Are there enforcement mechanisms or has it been primarily carrot and I guess carrots?
1:27:14
Yeah.
1:27:15
I mean Teak.
Dawn Miller
1:27:16
So the whole like, you know, I guess the key feature of an indirect source rule, whether it's California or the way we're contemplating here, is that it is a regulatory policy.
1:27:29
It's not an incentive policy.
1:27:31
There are many of incentives out there that provide subsidies and technical support to fleet operators.
1:27:38
Like, those exist and are complementary to an indirect source rule.
1:27:41
But an indirect source rule provides the regulatory requirement that really encourages operators to take up some of these incentives or to finally contemplate what would it look like for me to move some of my goods by rail or by submarine.
1:27:56
So it is a regulatory program which means there is an obligation to comply and there would be penalties for non compliance.
1:28:03
And those would be worked out, you know, in legislation and rule making.
1:28:10
You know, the main compliance mechanism is reporting by the warehouses.
1:28:16
So the way we see it, you know, the warehouses would have to report on their truck trips and on the actions they're taking from the points menu.
1:28:24
They'd have to provide documentation to DEP of those things that they're reporting and all of the information would be subject to verification audit to ensure that they're actually doing what they've claimed to have done to comply.
Rohit Aggarwala
1:28:37
Can I add one other distinction, Dawn?
1:28:39
And correct me if I'm wrong, but I believe in California the warehouses can also clean up the building emissions, which we wouldn't include in New York because those buildings are already subject to Local I-ninety seven.
1:28:51
Is that correct?
1:28:52
Yes.
1:28:52
So we would really want to focus on the indirect, whereas since they don't have an equivalent Local I-ninety seven, they're also giving them that option.