By Council Members Reed, McMahon, Gennaro, Koppell, Liu, Serrano, Vallone Jr. and Lanza
Be it
enacted by the Council as follows:
Section 1. Section
16-303 of the administrative code of the city of
a-1. “Chlorine-free recycled paper” means paper in
which any post-consumer and/or pre-consumer material
components are processed for recycling without the use of chlorine or chlorine
containing compounds, and any virgin fiber component of such paper that is
processed without the use of any chlorine or chlorine containing compounds.
d-1.
“Durable” means having a design lifespan of three or more years.
g-1.
“Pre-consumer material” means material and byproducts that have not
reached a business or consumer for an intended end use and have been recovered
from the waste stream, including, but not limited to, industrial scrap
materials, overstock or obsolete inventories from distributors, wholesalers and
other companies, but such term does not include those materials and by-products
generated from, and commonly reused within, an original manufacturing process
or separate operations within the same parent company.
j-1. “Rechargeable batteries” means one or more
voltaic or galvanic cells, electrically connected to produce electric energy,
that are designed to be recharged for repeated uses and include any type of
enclosed device or sealed container consisting of one or more such cells,
including what is commonly called a battery back, provided, however, that such
term does not include: (i) a lead-acid battery used to start an internal
combustion engine or as the principal electrical power source for a vehicle, such
an automobile, a truck, construction equipment, a motorcycle, a garden tractor,
a golf cart, a wheelchair or a boat; (ii) a lead-acid battery used for load
leveling or storage of electricity generated by an alternative energy source,
such as solar or wind-driven generator; (iii) a battery used as a backup power
source for memory or program instruction storage, timekeeping, or any similar
purposes which requires uninterrupted electrical power in order to function if
the primary energy source fails or fluctuates momentarily; or (iv) a
rechargeable alkaline battery.
j-2. “Recycled product” means a
product, material or equipment containing post-consumer recycled content in an
amount that equals or exceeds the highest amount of post-consumer recycled
content, as such standard may be amended from time to time, required by either:
(i) the United States environmental protection agency minimum content standards
for recycled materials content promulgated pursuant to 42 U.S.C. § 6901 et seq;
(ii) the minimum content standards promulgated pursuant to subdivision two of
section 27-0717 of the environmental conservation law; or (iii) the minimum
content standards developed by the department of citywide administrative
services.
i-1.
“Remanufactured” means a used product or part thereof, which has been
repaired or otherwise restored to serviceable condition, including replacement
of worn parts, after initial sale by the original manufacturer, provided that
such product must meet all applicable performance specifications for the
intended use of such product or part thereof.
l-2.
“Reusable” means that the product or package was designed to be used a
minimum of five times for its original intended purpose.
o-1. “Toxic
materials” means any material that contains a substantial amount of any of the
following in any form, concentration or chemical combination: arsenic,
beryllium, cadmium, chromium, chlorine, lead, mercury, nickel and sulfur.
o-2 “Waste prevention” means a reduction in the
overall quantity of solid waste through the implementation of practices,
including, but not limited to, reuse of products or packaging, expansion of
repair and maintenance programs for products, use of city surplus and
warehoused items, use of remanufactured products that offer extended
warranties, the purchase, use and recycling of rechargeable batteries, and
reduction in the use of products or packaging through the purchase of products
in bulk or concentrate.
§
2. Subdivisions g and m of section
16-303 of the administrative code of the city of
g. “Post-consumer material” means
only those products, packages and materials generated by a business or a
consumer [which] that have served their intended end uses [,] and
[which] that have been separated or diverted from solid waste for the
purposes of collection, recycling and disposition.
m.
“Secondary material” means any material recovered from or otherwise destined
for the waste stream, including but not limited to, post-consumer material.
[industrial scrap material and overstock or obsolete inventories from
distributors, wholesalers and other companies, but such term does not include
those materials and by-products generated from, and commonly reused within, an
original manufacturing process], pre-consumer material, or any combination
of both materials.
§ 3. The title of subchapter 5 of chapter 3 of
title 16 of the administrative code of the city of
City
Purchase of Recycled Products and Procurement Measures to Prevent Waste.
§
4. Subchapter 5 of chapter 3 of title 16
of the administrative code of the city of
§ 16-321.1
Definitions. When used in this
subchapter:
a. “Recyclable
material” means a material or product has been designated as
a recyclable
material pursuant to sections 16-305, 16-306 or 16-307 of subchapter two of
this chapter and any rules promulgated thereunder.
§5. Section 16-322 of the administrative code of
the city of
§16-322
City purchase and procurement specifications- waste prevention and [of]
products made from [secondary] post-consumer materials. a. [The
department of citywide administrative services] All city mayoral and
non-mayoral agencies, upon consultation with the department and the
department of citywide administrative services, shall, in the development
of new procurement specifications and for contracts that are either new or
relet on or after the effective date of the local law which added this
amendment review such newly developed or existing procurement
specifications [and practices it currently uses] to determine whether such
[require that] specifications would exclude, eliminate or otherwise
discourage the purchase of:
1. recycled products or
packaging made from post-consumer materials;
2. products or packaging [be] manufactured from [virgin]
recyclable materials [or exclude products manufactured from secondary
materials and shall make such changes as may be necessary to ensure that:
1. where
such specifications and practices exclude the use of products manufactured from
secondary materials or require that products be manufactured from virgin
materials only, such exclusions or requirements be eliminated; provided,
however, that specifications need not be revised if the department of citywide
administrative services determines that for a particular end use a product
containing secondary materials would not meet necessary performance standards;
2. performance standards, specifications and a product’s
intended end use are related, and clearly identified when feasible;
3. specifications are not overly stringent for a particular
end use or performance standard; and
4.
specifications incorporate or require the use of secondary materials to the
maximum extent practicable without jeopardizing the performance or intended end
use of the product; provided, however, where the department of citywide
administrative services determines that for a particular end use a product
containing secondary materials would not meet necessary performance standards,
such specifications need not incorporate or require the use of secondary
materials.
When used
in this subdivision “practicable” means capable of being used without violating
the following criteria: performance, availability at a reasonable price,
availability within a reasonable period of time and maintenance of a
satisfactory level of competition];
3.
products, packaging or equipment that have been remanufactured; or
4. products
or packaging that facilitate waste prevention, including but not limited to
rechargeable batteries.
b. [In purchasing paper products made with and
without significant recycled content, recovered from materials otherwise
destined for disposal, the department of citywide administrative services
shall, wherever the price is reasonably competitive and the quality adequate
for the purpose intended, purchase the recycled product. For the purpose of this section, “recycled
paper” shall mean any paper products that have been manufactured from materials
otherwise destined for the waste stream including, but nor limited to, old
newspapers, magazines, paperboard boxes, tabulating cards, mixed waste, used
fibrous material such as rags and overstock or obsolete inventories from
distributors, wholesalers, printers and other companies as defined in rules and
regulations promulgated by the state commissioner of general services pursuant
to section 104-a of the general municipal law, provided that such term does not
include those materials and by-products generated from, and commonly reused
within, an original manufacturing process, and “reasonably competitive” shall
mean a comparable recycled product with a cost premium of no greater than ten
percent.
c. After January 1, 1991, with
contracts for the purchase of products, other than paper products, for use by
city agencies and departments, which are subject to public letting under sealed
bids pursuant to chapter thirteen of the charter, when the lowest responsible
bidder is not supplying products that are manufactured from a minimum amount of
secondary material, and another bidder who will supply such products has
submitted a bid within five percent of the lowest responsible bid for a
contract to supply products that are adequate for the purpose intended, the
department of citywide administrative services shall refer such bids to the
mayor, who in accordance with paragraph two of subdivision b of section three
hundred thirteen of the charter, may determine that it is in the best interest
of the city that the contract shall be awarded to other than the lowest
responsible bidder. For the purpose of
this subdivision, the department of citywide administrative services shall
promulgate regulations establishing standards for the “minimum amount of secondary
material” from which a product shall be manufactured. If, however, a bid is
submitted for a product that is manufactured from secondary material but the
department of citywide administrative services has not established a standard
for the minimum amount of secondary material in such product the bid shall be
submitted to the mayor in accordance with the requirements of this subdivision
regardless of the amount of the secondary material from which such product is
manufactured. Notwithstanding the above, the department of citywide
administrative services may amend an existing standard or promulgate a new
standard for the minimum amount of secondary material from which a product
shall be manufactured.] Pursuant to section 104-a of the general municipal
law, all mayoral and non-mayoral agencies shall, wherever recycled products
meet contract specifications and the price of such products is reasonably
competitive, purchase such products. For
the purposes of this subdivision, “recycled product” shall mean any product
which is manufactured from secondary materials as defined in subdivision one
section two hundred sixty-one of the economic development law, and which meets
the requirements of subdivision two of section 27-0717 environmental
conservation law and regulations promulgated thereto. For the purposes of this subdivision,
“reasonably competitive” shall mean that the cost of the recycled product does
not exceed a cost premium of ten percent above the cost of a comparable product
that is not a recycled product, or, if at least fifty percent of the secondary
materials utilized in the manufacture of that product are generated from the
waste stream in New York state, the cost of the recycled product does not
exceed a cost premium of fifteen percent above the cost of a comparable product
that is not a recycled product.
[d. When purchasing paper products
and other products pursuant to this section, the department of citywide
administrative services shall utilize the United States environmental
protection agency minimum content standards for recycled materials content
promulgated pursuant to 42 U.S.C. §6901 et seq.
e. Should the state authorize the
city’s use of a price preference for the purchase of any products manufactured
from secondary materials, the commissioner shall propose appropriate
legislation to mandate the use of this price preference.]
c. The review conducted pursuant to
subdivision a of this section shall be utilized by all
city mayoral and non-mayoral agencies to make any necessary change in such
procurement specifications to ensure that:
1. such specifications do not
exclude, eliminate or otherwise discourage the purchase of products, materials
and equipment set forth in paragraphs one through three of subdivision a of
this section;
2.
specifications for recycled products are in accordance
with the standards provided in subdivision j-1 of section 16-303 of this
chapter;
3.
waste prevention measures are considered in specifications for the procurement
of products, packaging and equipment; and
4.
to the maximum extent feasible, products and packaging
made from recyclable materials are used and excess packaging is eliminated; and
5.
performance standards, specifications and a product’s intended use are related
and clearly identified, when feasible.
All necessary changes required by
paragraphs (1) through (5) of this subdivision shall be made to the maximum
extent practicable, provided, however, that where a city mayoral or non-mayoral
agency determines that the necessary changes required by paragraph (2) are not
practicable, such agency must submit written documentation of such a
determination to the mayor’s office of contracts. For the purposes of this subdivision
“practicable” means capable of being used without violating the following
criteria: performance, availability at a reasonable price, availability within
a reasonable period of time and maintenance of a satisfactory level of
competition.
[f]d Whenever [the
department of citywide administrative services] a city mayoral or non-mayoral agency or the council
purchases or causes the purchase of printing on recycled paper, the printed
material shall include a printed statement [or symbol] indicating [that] the
[document is printed on] percentages of pre-consumer and post-consumer recycled
material contained in such paper.
[g. The department of citywide
administrative services shall prepare and submit to the mayor, the council,
each citizens’ board created under section 16-317 of this chapter and the
citywide board created under section 16-319 of this chapter, an annual report
on its activities to increase the city’s purchase of products manufactured from
secondary materials.]
[h] e.
The department of citywide administrative services, in consultation with the
department, shall promulgate [regulations] such rules as are necessary
to effectuate the purposes of this section.
§6. Subchapter 5 of chapter 3 of
title 16 of the administrative code of the city of
§16-322.2
City purchase of printing and writing paper with recycled content. Notwithstanding the provisions of section
16-322 of this subchapter, all purchases of printing and writing paper by city
mayoral and non-mayoral agencies and the council shall be no less than thirty
percent post-consumer recycled content for high speed copy paper, offset paper,
forms bond, computer printout paper, carbonless paper, file folders, white wove
envelopes, writing and office paper, book paper, cotton fiber paper and cover stock. If printing and writing paper containing
thirty percent post-consumer recycled content is not reasonably available, does
not meet performance requirements, or is available at an unreasonable price,
then such city mayoral and non-mayoral agencies and the council shall purchase
paper containing no less than twenty percent post-consumer recycled content.
§16-322.3
City purchase and use of rechargeable batteries. a. All city mayoral and non-mayoral agencies
shall purchase and require the use of rechargeable batteries and products that
contain rechargeable batteries to the maximum extent feasible without
jeopardizing the performance or intended use of the battery-operated
product. Such rechargeable batteries
shall, to the maximum extent feasible, be procured from manufacturers who are
Rechargeable Battery Recycling Corporation licensees.
c. All city
mayoral and non-mayoral agencies and the council shall recycle rechargeable
nickel-cadmium batteries through a Rechargeable Battery Recycling Corporation
take-back program or to a duly licensed nickel-cadmium battery recycler. To the maximum extent feasible, all city
mayoral and non-mayoral agencies and the council shall recycle all single-use
batteries, including alkaline, lithium and zinc chloride batteries.
§16-322.4
Requirements for vendors with city mayoral and non-mayoral agencies and the
council. Every request for proposal or
invitation to bid and contract issued by a city mayoral or non-mayoral agency
or the council shall contain a requirement that the successful bidder or proposer agree to the following conditions:
a. Recycled
paper. All reports and studies shall be
printed on recycled paper containing, at a minimum, a post-consumer recycled
content equal to or exceeding the highest amount of post-consumer recycled
content required by either the United States environmental protection agency
minimum content standards for recycled materials content promulgated pursuant
to 42 U.S.C. § 6901 et seq., the minimum content standards promulgated pursuant
to subdivision two of section 27-0717 of the environmental conservation law; or
the minimum content standards developed by the department of citywide
administrative services, as such standard may be amended from time to time. All such reports and studies shall, where
feasible, use both sides of the paper sheets.
b. Waste prevention
in packaging. The use of packaging in
performance of a contract shall be eliminated to the maximum extent feasible.
§16-322.5
City waste prevention procurement plans and annual report. a.Within sixty days
after the fiscal year concluding June 30, 1999, all city mayoral and
non-mayoral agencies shall, in consultation with the department and the
department of citywide administrative services, prepare and submit to the
mayor’s office of operations a plan for incorporating and increasing the level
of waste prevention in its procurement practices. Such plan shall be updated by all city
mayoral and non-mayoral agencies each fiscal year thereafter.
b. Within sixty days after the fiscal year
concluding June 30, 1999, the mayor’s office of contracts, in consultation with
the department, the department of citywide administrative services, and other
appropriate parties, shall submit to the mayor’s office of operations a plan
for incorporating and increasing the level of waste prevention in its
procedures applicable to the procurement of services, other than construction
services, by city mayoral and non-mayoral agencies. Such plan shall be updated by the mayor’s
office of contracts, in consultation with the department of citywide
administrative services and other appropriate parties each fiscal year
thereafter.
c. Within
sixty days after the fiscal year concluding June 30, 1999, the mayor’s office
of construction, in consultation with the department, the department of design
and construction and other appropriate parties, shall submit to the mayor’s
office of operations a plan for incorporating into and increasing the level of
waste prevention in its procedures applicable to the procurement of
construction services. Such plan shall
be updated by the mayor’s office of construction, in consultation with the
department, the department of design and construction and other appropriate
parties, each fiscal year thereafter.
d. Within
one hundred twenty days after the fiscal year concluding June 30, 1999, the
mayor’s office of operations, in consultation with the department of citywide
administrative services and the department, shall prepare and submit to the
mayor and the council, each citizens’ board created under section 16-317 of
this chapter and the citywide board created under section 16-319 of this
chapter, a waste prevention and recycling procurement report and plan. Such plan shall be updated each fiscal year
thereafter within sixty days of the completion of the applicable fiscal
year. The waste prevention and recycling
procurement report and plan shall include, but not be limited to:
1. a status
report on the implementation of waste prevention plans developed by the mayor’s
office of contracts, the mayor’s office of construction and the department of
citywide administrative services;
2. a summary of activities undertaken by the department of
citywide administrative services to increase the procurement of recycled
products and packaging that facilitates waste prevention;
3.
the dollar amount spent on any price preference used
for any recycled product purchase pursuant to section 16-322 of this
subchapter;
4. a
summary of any revisions to federal, state or city minimum content standards;
5. the
quantities purchased, sources of purchases and the dollar amount spent on
durable, reusable, remanufactured and recyclable products and packaging;
6. the
costs avoided, including but not limited to the areas of storage, replacement
and procurement, by the implementation of waste prevention measures; and
7. the net costs associated with the implementation of waste
prevention procurement measures.
8. a ten-year plan for increasing the incorporation of waste
prevention into the procurement practices of city mayoral and non-mayoral
agencies, including the procurement of construction services that shall
include, but not be limited to:
(i)
development of a method and schedule for increasing the purchase of products,
materials and equipment that promote waste prevention, including the reduction
in the use of packaging through the purchase of products, materials or
equipment in a bulk or concentrated form, the creation of packaging
requirements to reduce volume or weight and the substitution of rechargeable batteries
for disposable batteries and plans for collection and recycling of such
batteries;
(ii) development of method and
schedule for implementing a state-of-the-art computerized inventory control and
procurement system, installed on a network that links all city agency
procurement departments, facility management departments and agency
environmental executives established pursuant to section 16-322.7 of this
subchapter and the city warehouse management system. At a minimum, such a computerized inventory
control and procurement system shall incorporate: a record of all purchases of
recycled products and other products; materials and equipment that facilitate
waste prevention made by city mayoral and non-mayoral agencies during each
fiscal year indicating the amount and cost of products; materials or equipment
purchased by such agencies; a database of durable goods and supplies available
for exchange between agencies; an easy-to-use search procedure for items
contained in the department of citywide administrative service surplus program;
and references to internet sites that list environmental procurement contracts
and waste prevention practices;
(iii) development
of a product list for purchasing products, materials, or equipment that are
durable, remanufactured, reusable and/or recyclable.
(iv)
development and expansion of repair and maintenance
programs for products, materials and equipment;
(v)
the establishment of agency paper reduction
guidelines;
(vi)
increased use of city surplus and warehoused items;
and
(vii)
increased use of products with extended warranties and
remanufactured products.
(viii)
a schedule for developing a catalog of all toxic products used by each city
agency, which would also include the results, for each of these products, of a
search for non-toxic or less toxic alternatives and recommendations for
revisions to procurement specifications to ensure the purchase of less toxic
alternatives, where such alternatives exist.
(ix) development of a schedule and implementation plan for the
purchase of chlorine-free printing and writing paper by city mayoral and
non-mayoral agencies beginning no later than
e. For
purposes of this section the following terms have the following meanings:
(1) “construction services” shall mean
building, reconstructing, rehabilitating, converting, altering, extending,
improving, repairing, maintaining or demolishing of real property or public
improvements; and (2) “a plan for incorporating and increasing the level of
waste prevention” shall mean a plan that requires, to the maximum extent
feasible: (i) double-sided copying and printing; (ii) the circulation of
office-wide memoranda and other material requiring review by more than one
person in an office common area; (iii) the communication of information by
electronic mail within and between city mayoral and non-mayoral agencies and to
agencies, organizations and entities that are not part of city government; (iv)
discouraging the use of cover pages in the transmission of facsimiles and the faxing
of documents by computer; (v) reduction in the paper used in agency mailings by
avoiding the use of envelopes for bulk mailing and affixing mailing labels
directly to correspondence; (vi) educating agency staff regarding how such
staff can cease receiving unwanted or duplicate mailings by arranging for the
removal of their names from mailing lists; (vii) the reuse of paper discards
that have been used only on one side and the reuse of kraft envelopes, file
folders, corrugated boxes and similar office paper products; and (viii) the
reduction of paper consumption in agency reports, documents, studies or
publications prepared by a city mayoral or non-mayoral agency or its
consultants.
§16-322.6
City purchase of products, materials and equipment designed to prevent waste.
Within ninety days of the end of each fiscal year, beginning with fiscal year
two thousand, all city mayoral and non-mayoral agencies shall prepare separate
lists of products, materials and equipment procured in the previous fiscal year
that: (1) were durable, reusable or remanufactured, including products and
equipment that operate or are intended to be operated on rechargeable
batteries; (2) met or exceeded the highest amount of post-consumer recycled
content established by United States environmental protection agency minimum
content standards for recycled materials content promulgated pursuant to 42
U.S.C. §6901 et seq. subdivision two of section 27-0717 of the environmental
conservation law, or the minimum content standards developed by the department
of citywide administrative services, as such standards may be amended from time
to time; (3) were formulated to reduce or eliminate packaging; or (4) were
formulated to substantially reduce or eliminate toxic materials. Such lists
shall be circulated to all city mayoral and non-mayoral agencies and the
council, and shall be made available upon request to all contractors with the
City.
§16-322.7
Agency responsibility for compliance. The head of each mayoral and non-mayoral
agency shall designate an agency environmental executive from his or her senior
staff who will be responsible for:
a.
coordinating all environmental programs in the areas of procurement and
acquisition, standards and specification review, facilities management, waste
prevention and recycling;
b. participating in the development and
implementation of the waste prevention and recycled product procurement plans
for the agency;
c. coordinating timely submission of agency
reports to the mayor’s office of operations on the annual progress of these
plans;
d. establishing incentives, providing guidance and
coordinating appropriate educational programs for agency employees; and
e. reviewing agency programs to ensure compliance
with this subchapter.
§7. This local law shall take effect ninety days after the date of enactment, provided, however, that the commissioners of the department of citywide administrative services and the department of sanitation may promulgate any necessary rules and take any other actions necessary for the timely implementation of this local law prior to such effective date.