By Council Members McMahon, Reed, Gennaro, Koppell, Liu, Serrano, Vallone Jr., Fidler, Avella, Yassky, Gioia, Quinn, Addabbo, Seabrook, Katz, Brewer, Gentile, Weprin, Moskowitz, Lanza, Gerson, Monserrate, Sears, Jackson, James, Nelson and Sanders
..Title
..Body
Be it enacted by the Council
as follows:
Section 1. Section 16-303 of
the administrative code of the city of New York is amended by adding nine new
subdivisions a-1, d-1, g-l, j-1, j-2, i-l, i-2, o-1, and o-2 to read as
follows:
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 New York, as
added by local law number 19 for the year 1989, are amended to read as follows:
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 New York, such subchapter
and chapter as added by local law number 19 for the year 1989, is amended to
read as follows:
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 New York is amended by
adding a new section 16-321.1 to read as follows:
§ 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 New York, as amended by local law number 59
for the year 1996, is amended to read as follows:
§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 New York is amended by
adding four new sections 16-322.2, 16-322.3, 16-322.4, 16-322.5, 16-322.6 and
16-322.7 to read as follows:
§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
January 1, 2000.
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.