N.Y.C. Admin. Code § L.L. 2005/118: L.L. 2005/118

Enactment date: 12/29/2005

Int. No. 534-A

By Council Members DeBlasio, Gennaro, Avella, Brewer, Clarke, Fidler, Gerson, James, Liu, Lopez, Martinez, Nelson, Palma, Quinn, Recchia Jr., Sanders Jr., Seabrook, Stewart, Weprin, Koppell, Moskowitz, Barron, Perkins, McMahon, Foster, Reyna, Monserrate, Yassky, Gonzalez, Gioia, Gentile, Katz, Reed, Jackson, the Speaker (Council Member Miller) and The Public Advocate (Ms. Gotbaum)

A Local Law to amend the administrative code of the city of New York, in relation to environmental purchasing and the establishment of a director of citywide environmental purchasing.

Be it enacted by the Council as follows:

Section 1. Statement of findings and purpose. In almost every category of goods, there are some products that are environmentally preferable to others. In many instances, there is little or no additional cost associated with the environmentally preferable option. For example, there is little cost difference between paper with no recycled content and paper with thirty percent post-consumer recycled content. Similarly, environmentally preferable indoor paints are readily available from all major paint manufacturers.

Many levels of government have established environmental purchasing programs. The federal government, for example, requires all federal agencies, subject to price and other considerations, to purchase goods with a minimum percentage of recovered material according to guidelines developed by the United States Environmental Protection Agency. In addition, federal agencies are required by Executive Order 13101 and the Federal Acquisition Regulation to assess and give preference to those products and services that are environmentally preferable. States such as California, Massachusetts, Michigan, Minnesota, Ohio and Pennsylvania have also developed extensive environmental procurement programs, as have many local governments. Environmental purchasing programs take into account numerous factors, including the production of waste, energy and water use, greenhouse gas emissions, indoor air quality, recycled and reused content and the presence of hazardous substances.

The Council finds that the purchase of environmentally preferable products will protect the environment by reducing the City's energy consumption, air pollution, hazardous releases and water use. Accordingly, the Council declares it is reasonable and necessary to require the establishment of a citywide director of environmental purchasing.

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[Consolidated provisions are not included in this Appendix A]

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§ 3. If any section, subsection, sentence, clause, phrase or other portion of this local law is, for any reason, declared unconstitutional or invalid, in whole or in part, by any court of competent jurisdiction, such portion shall be deemed severable, and such unconstitutionality or invalidity shall not affect the validity of the remaining portions of this law, which remaining portions shall continue in full force and effect.

§ 4. This local law shall take effect January 1, 2007, except the mayor shall appoint a director of citywide environmental purchasing within 60 days after January 1, 2006, and such director shall take any actions necessary, including the promulgation of rules, to implement this local law on or before the date upon which it shall take effect. Provided, however, that this local law shall take effect only in the event that: Int. No. 545-A, a proposed local law to amend the administrative code of the city of New York, in relation to the purchase of products with recycled content, and to repeal section 6-122 and subchapter 5 of chapter 3 of title 16 of such code, takes effect; Int. No. 536-A, a proposed local law to amend the administrative code of the city of New York, in relation to the purchase of energy efficient products, and to repeal subdivisions a, c, d, e and f of section 6-127 of such code, takes effect; and Int. No. 544-A, a proposed local law to amend the administrative code of the city of New York, in relation to the reduction of hazardous substances in products purchased by the city, takes effect.