THE COUNCIL

The City of New York

          

Waste Prevention Practices in City Agencies

A LOCAL LAW

 

To amend the administrative code of the city of New York, in relation to the incorporation of waste prevention measures into the city’s daily operations and practices.

 

Be it enacted by the Council as follows:

 

§1. Subdivisions b, c, d, e, f, h, i, j, k, l, m, n, o, and p of section 16-303 of the administrative code of the city of New York, as added by local law 19 for the year 1989, are relettered c, d, e, h, i, j, l, m, n, p, q, t, u, v, and y, respectively, and new subdivisions, b, f, g, k, o, r, s, and x, are added to read as follows:

 

b. "Chlorine-free fibers" means fibers in paper or paperboard products, which have been processed without the use of chlorine or chlorine-containing compounds.  These fibers may or may not represent all the fibers in the product.

 

f. "Durable products" are products that have a design lifespan of three years or more.

 

k. "Pre-consumer material" means material and by-products which have not reached a business or consumer for an intended end use and have been recovered or diverted from the waste stream, including, but not limited to: agricultural residue, industrial scrap material, 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.

 

o. "Recycled" means made with post-consumer material content no lower than the highest content required by any of the following standards:

 

(i) the United States Environmental Protection Agency minimum content standards 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 of the State of New York;

(iii) the minimum content standards developed by the department of citywide administrative services; or,
    1. ten percent.

 

r. "Remanufactured" means repaired or upgraded to meet the applicable performance specifications, and applies to used products or parts thereof.

 

s. "Reusable" means designed to be used a minimum of five times for its original intended purpose.

 

x. "Waste prevention," means a reduction in the overall quantity of solid waste generated, resulting from the implementation of appropriate measures and practices, including, but not limited to: reuse of products or packaging; expansion of repair and maintenance programs; use of city surplus and warehoused items; use and purchase of remanufactured products; purchase of reusable or durable products, including products that offer extended warranties; and reduction in the use of products or packaging through the purchase of products in bulk or concentrate. Although "waste prevention" could also apply to a reduction of water, energy, and fuel consumption, "water conservation," "energy conservation," and "fuel conservation," respectively, shall be the terms to which such definition applies, and "waste prevention" shall apply exclusively to solid waste.

 

§2. Subdivisions g and m of section 16-303 of such code, as added by local law 19 for the year 1989, and relettered by section one of this local law as subdivisions j and t, respectively, are amended to read as follows:

j. "Post-consumer material" means [only those products generated by a business or a consumer which have served their] any material which, by itself, or as part of a product or packaging, has served its intended end uses for a consumer or a business, and which has [have] been separated or diverted from solid waste for the [purposes of collection, recycling and disposition] purpose of being incorporated into recycled products or materials.

t. "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] combination of post-consumer and pre-consumer material.

 

§3. The title of subchapter 5 of chapter 3 of title 16 of the administrative code of the city of New York, as added by local law 19 for the year 1989, is amended to read as follows:

 

CITY PURCHASE OF RECYCLED PRODUCTS; MEASURES THAT PROMOTE WASTE PREVENTION IN THE CITY’S OPERATIONS AND PRACTICES

 

§4. Section 16-322 of the administrative code of the city of New York, as added by local law 19 for the year 1989, is renumbered as section 16-322.1 and a new section 16-322 is added to read as follows:

 

§16-322 Terminology. 

For the purposes of this subchapter, the following expressions shall have the indicated meaning:

(1) "City agency" means a city mayoral or non-mayoral agency;

(2) "Recyclable material" means a material or product that has been designated as a recyclable material pursuant to sections 16-305, 16-306 or 16-307 of subchapter two of this chapter and the rules promulgated thereunder;

(3) "Citizens' Boards" means all of the citizens’ solid waste advisory boards created under section 16-317 and the citywide board created under section 16-319.

 

§5. Section 16-322.1, as renumbered by section four of this local law, remains in effect unaltered.

§6. 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 16-322.2 to read as follows:

 

§16-322.2 Citywide waste prevention plan.

a. Scope and timeframe of the citywide waste prevention plan.

    1. Within sixty days after the end of the fiscal year commencing on July 1, 1999, the Task Force on Waste Prevention, and the city agencies’ waste prevention coordinators established and designated pursuant to subdivision f of this section, shall prepare:

 

    1. an initial status report on existing conditions as they relate to waste generation and prevention; and,

 

(ii) a citywide waste prevention plan for mayoral and non-mayoral agencies to incorporate waste prevention measures into daily operations and practices.

 

The initial status report shall guide the formulation of the plan, and both shall be submitted to the mayor, the council, and each of the Citizens' Boards, as well as be incorporated in the final Mayor’s Management Report for that fiscal year.

 

The detailed requirements of the initial status report are set forth in item one of subdivision d of this section.

 

A progress report on improved conditions as they relate to waste generation and prevention, the detailed requirements of which are set forth in item two of subdivision d of this section, and an updated citywide waste prevention plan, which incorporates new ideas and lessons learned and revises or deletes ineffective or obsolete provisions of the plan, shall be prepared every year thereafter, submitted within sixty days after the end of each fiscal year to the same entities listed above, and incorporated yearly in the final Mayor’s Management Report. The progress report shall guide the updating of the citywide waste prevention plan.

 

The initial citywide waste prevention plan shall include one third of the items (i) to (xxiv) listed below, with another third being added in each of the next two years, prioritized to maximize waste prevention in the first year, and using the city agencies’ knowledge about their respective operations. Additional new items as seem justified shall be added in subsequent years with each update of the plan.

 
    1. a schedule for implementing programs aimed at identifying and reducing the most costly categories of waste to dispose of.

      2.  

    2. a schedule for implementing programs aimed at identifying and reducing waste from city agency sources with volumes significantly greater than similar city agency sources.

 

    1. a schedule for implementing improved security and other measures to reduce theft of city property and supplies.

      2.  

    2. a schedule for implementing a state-of-the-art computerized inventory control and procurement system, installed on a network tying, at a minimum, all the city agencies’ procurement departments, facilities management departments, waste prevention coordinators designated pursuant to subdivision f of this section, and the city warehouse management system should, at a minimum, incorporate the following features:

 

 

    1. a schedule for implementing rules and procedures by which approval is given for purchases only if needed products and materials are not available among city surplus and warehoused items meeting performance standards set forth in the applicable specifications.

      2.  

    2. a schedule for implementing policies that require the use of the department of citywide administrative services’ salvage program for supplies or durable goods no longer needed in a particular agency or department but still usable, in order to avoid unnecessary disposal costs and wasteful purchases in other departments. "Materials for the Arts" and any other such programs should also be used, for example when the salvage program is short of space.

 

    1. a schedule for implementing policies requiring that only durable products that are under full parts and labor warranty for a minimum of three years, shall be purchased.

      2.  

    2. a schedule for implementing incentives to vendors to minimize packaging and to offer products in bulk or concentrate, by, for example, imposing an advance disposal fee based on a periodically published fee amount per cubic foot—which should reflect the cost to the city of collecting and disposing of solid waste—to be applied to the volume of all packaging that is not retrieved for reuse or disposal by the vendor.

      3.  

    3. a schedule for implementing cost-benefit analyses comparing disposable and durable alternatives for the purpose of replacing disposables with durable products..

      4.  

    4. a schedule for developing a catalog of all toxic products used by each city agency, that would also include the results, for each of these products, of the search for non-toxic, or less toxic, alternates.- revisions to the relevant procurement specifications to favor non-toxic products.- a schedule for replacing toxic products by their identified non-toxic alternates, if such exist.- workshops for the affected employees on how best to use the new products, stressing that the reduced health risks to them is a key reason to replace the toxic products previously used.

      5.  

    5. schedule for implementing a strict enforcement program for all city agencies and institutions, including public schools and city hospitals, of local law 19, in combination with educational and technical assistance programs for managers and staff.

      6.  

    6. a schedule for substituting an additional recycling for a refuse collection at city agencies and institutions, to alleviate storage problems for recyclables and to provide an incentive to increase recycling, where found feasible through case by case studies and pilot programs.

      7.  

    7. a schedule for implementing the "buy-recycled" provisions of section 16-322.1.

      8.  

    8. schedule for implementing methods and timetable for reducing the quantity of food waste generated in public schools and hospitals, and in city agency cafeterias. Examples are: better meal portions planning and dispensing, and collecting edible discards for donation to soup kitchens. The City Harvest non-profit organization could conduct workshops instructing the respective food service staffs and suppliers on how to implement this.

 

    1. a schedule for implementing a system to collect city agency cafeteria and lunch room food scraps for composting, either on-site or at nearby Department of Sanitation locations.- a program to compost all organic debris from city parks on-site or on Department of Parks and Recreation land, banning dumping of such debris at Department of Sanitation locations.- a program for city agencies that maintain lawns, to require that they leave grass clippings on the lawn to degrade naturally, and that they compost their own leaves and other yard waste on-site, if space permits.
    2. a schedule for implementing rules to maximize the utilization of compost in city capital projects, including highway and parks landscaping and horticulture, and brownfield remediation,.

      3.  

    3. a schedule for implementing programs that divert non-automotive batteries from the waste stream, in order to recharge them or send them to a battery recycling facility.

      4.  

    4. a schedule for implementing comprehensive paper reduction initiatives such as those listed in the 1996 Mayoral Directive on Waste Prevention and Efficient materials Management Policies.,

      5.  

    5. a schedule for replacing worn-out equipment that impacts on materials consumption, with materials-saving and energy-efficient models, such as duplex printers and copiers.

      6.  

    6. a schedule for implementing a manual of guidelines for additional agency waste prevention programs, using resources such as the Internet, including the site of the National Association of Purchasing Officials, and published literature, including the department’s own "New York City Waste Reduction Handbook," and literature from the United States Environmental Protection Agency, to incorporate ideas from successful similar programs from elsewhere in the U.S. and around the world.

      7.  

    7. a schedule for implementing a program of technical assistance and instructions on how to prevent waste and save money on avoided purchases available to city agencies, including public schools. Such programs should build on those offered by the Council on the Environment and by the department.

      8.  

    8. a schedule for implementing a system, whereby the department would credit each city agency’s budget a fixed amount for each percent reduction in per employee waste volume disposed, and would charge each city agency’s budget a fixed amount for each percent increase in per employee waste volume collected. Fiscal Year 1999 shall be the base year for calculating the percent increase or decrease. If an agency receives a debit under this system, the waste prevention coordinator will implement additional measures to increase waste prevention by agency employees. The Task Force as described under f. shall administer the credit and debit system.

      9.  

    9. a schedule for implementing agency-specific employee incentive programs to prevent or reduce waste.

      10.  

    10. a schedule for implementing a system for accepting employee suggestions for waste prevention, as well as for energy, fuel, and water conservation, with periodic awards to employees whose ideas are most effective.

 

    1. - Within three months after the completion of the initial citywide waste prevention plan, the waste prevention coordinators designated pursuant to subdivision f of this section, shall conduct educational seminars within their respective agencies, to inform managers and staff of the initial implementation of the citywide waste prevention plan, and to enlist their cooperation.- Within six weeks after any update to the citywide waste prevention plan, the waste prevention coordinators, shall conduct similar educational seminars, to inform managers and staff of the additional provisions and changes introduced by such an update.- Additional seminars with the same purpose shall be conducted periodically by the waste prevention coordinators, for the benefit of new employees in their respective agencies, as required.

 

b. Goals of the Citywide waste prevention plan. 

The overall goals of the citywide waste prevention plan and its updates are:

 

• for the first five years, reduction of the total waste collected from each city agency two percent per year following enactment with a base year of 1999, or if more stringent, the waste reduction guidelines set by either New York State or the United States Environmental Protection Agency for that time period.

• for subsequent five year periods, reduction of the total waste collected from each city agency for subsequent five year periods by at least two percent below the total collection in the five preceding years, or if more stringent, the waste reduction guidelines set by either New York State or the United States Environmental Protection Agency for each such time period.

 

c. Monitoring requirements. 

In order to gauge and to report on the progress of the citywide waste prevention plan towards attaining the goals set in subdivision b of this section, and to ensure that the improvements obtained are maintained thereafter, the following monitoring requirements shall commence by July 1, 1998:

 
    1. monitor and record on a monthly basis a statistically valid representation of the volume of non-recycled, non-composted waste generated, by type and by city agency location with separate waste collection, and the corresponding Full Time Equivalents (FTE) of work done that month at each such location.

Types of waste to consider—and to collect in dedicated containers or areas—shall be:

(i) regulated medical waste;

(ii) toxic and hazardous waste other than medical waste—and their containers;

(iii) bulk items such as non-reusable, non-metal furniture; and,

(iv) other non-recycled, non-composted materials.

(2) monitor and record on a monthly basis the weight and type of items collected for reuse and their disposition (e.g.,warehouse, auction/sale, donation)..

 

d. Reporting requirements.

    1. Initial status report. The initial status report required pursuant to item one of subdivision a of this section, and covering Fiscal Year 2000, shall include, but need not be limited to sub-items (i) to (iv) of item three below.

      2.  

    2. Annual progress reports. The annual progress reports required pursuant to item one of subdivision a of this section, and covering the most recent fiscal year, shall include, but need not be limited to the full list in item three below.

 

(3) Report items:

(i) a list of all the revisions to procurement specifications made pursuant to section 16-322.1 since its effective date, by each city agency, for the initial report, and made during the covered fiscal year, by each city agency, for progress reports;

(ii) a list of all the "minimum amount of secondary material" standards promulgated pursuant to section 16-322.1 since its effective date, for the initial report, and promulgated during the covered fiscal year for progress reports;

(iii) the total and per FTE monthly volumes of non-recycled, non-composted waste collected, and the corresponding estimated collection and disposal costs, by type and by city agency with separate waste collection, presented in tabular form and bar chart or graph to compare relative performance of agencies ; averages and totals for the entire period shall also be reported;

(iv) the monthly volume of items collected for reuse, by city agency, presented in tabular form and bar chart or graph; averages and totals for the entire period shall also be reported;
    1. a summary of the yearly totals and averages of sub-item (iii) above shall also be provided for each agency separately, and for all agencies combined, in tabular and chart or graph form to compare relative performance of agencies covering the last ten fiscal years, or all years since the start of fiscal 1999, whichever is less to show trends over time.;
    2. a summary of the rules promulgated pursuant to subdivision e of this section, any notable successes and significant problems encountered with their implementation, and the actions taken or being considered to correct the problems.

 

4.Specific information on report items in (3) for agency locations shall be made available to Council and Citizens’ Boards upon request.

 

e. Rulemaking. 

The Task Force on Waste Prevention, established pursuant to subdivision f of this section, shall promulgate rules by which all city agencies are to implement the methods, programs, procedures and systems developed in the initial or updated citywide waste prevention plan respectively, and by which the monitoring requirements of subdivision c of this section are to be carried out.

The monitoring rules shall be promulgated at the latest on June 30, 1998, and the citywide waste prevention plan implementation rules shall be promulgated within ninety days after the submittal of the initial plan or any update thereto.

 

f. Responsibility for compliance.

    1. Within thirty days from the effective date of this section, a Task Force on Waste Prevention (the Task Force) shall be established, chaired by the director of the Mayor’s Office of Operations, or his or her designee, and with additional representatives of that office, as well as from the department of citywide administrative services and the department of sanitation, and additionally comprised of a waste prevention coordinator, from each city agency’s senior staff, that shall have been designated within the same time frame by each agency manager.

 

(2) The Task Force shall be responsible for:

(i) complying with subdivision e of this section in promulgating the rules needed to implement the citywide waste prevention plan, and the monitoring requirements of subdivision c of this section;

(ii) monitoring and coordinating the implementation of this local law;

(iii) assigning additional waste prevention tasks to individual waste prevention coordinators including but not limited to those agencies that are not achieving waste prevention goals ;

(iv) identifying additional waste prevention measures, or improvements to existing ones, for inclusion in updates of the citywide waste prevention plan;
    1. preparing the reports required pursuant to subdivision d of this section, to be incorporated in the Mayor’s Management Report; and,

(vi) preparing, submitting, and presenting at the yearly council hearings the Mayor’s Management Report, the citywide waste prevention plan, or its update, and the summary portion of the report for all agencies combined that is required pursuant to subdivisions a, d and g of this section.

 

(3) Within each city agency, the waste prevention coordinator shall be responsible for :

(i) developing and updating the citywide waste prevention plan for the agency, as well as the implementing the rulemaking required pursuant to subdivision e of this section;

(ii) forming and chairing a waste prevention group within the agency to help in carrying out his or her responsibilities, comprised of individuals from the various divisions of the agency, appointed by the agency’s manager and/or the respective division managers;

(iii) participating in training seminars, and coordinating or conducting educational programs for agency employees, as applicable, to familiarize and educate them on the requirements of this subchapter, as set forth in item two of subdivision a of this section;

(iv) implementing or supervising the requirements of subdivision c of this section, following the rules promulgated in that regard;

(v) coordinating the implementation of the waste reduction plan’s programs, and monitoring their progress, following the rules promulgated in that regard;

(vi) managing and coordinating the incentive programs developed under the citywide waste prevention plan;

(vii) serving on and attending meetings of the Task Force;

(viii) preparing the agency’s yearly report for submission to the Task Force;

    1. making the presentation of the agency’s portion of the Task Force report at the council hearings of subdivision g of this section;
    2. implementing any additional waste prevention task assigned by the Task Force or the agency’s Head.

 

g. Council Hearings on the Citywide waste prevention plan. 

At the yearly fall City Council hearings on the Mayor’s Management Report, the following presentations shall be made:

• each city agency’s waste prevention coordinator, designated pursuant to subdivision f of this section, shall present all the agency-specific items required to be reported pursuant to subdivision d of this section; and

• the chairperson of the Task Force established pursuant to subdivision f of this section, shall make a similar presentation of the Citywide waste prevention plan or its update, as well as reporting on all the non-agency-specific items required to be reported pursuant to subdivision d of this section.

§7. This local law shall take effect immediately.