N.Y.C. Admin. Code § L.L. 2005/119: L.L. 2005/119

Enactment date: 12/29/2005

Int. No. 536-A

By Council Members Gennaro, Brewer, Clarke, Fidler, Gerson, Jackson, James, Liu, Lopez, Martinez, Nelson, Palma, Quinn, Recchia Jr., Sanders Jr., Seabrook, Sears, Stewart, Vallone Jr., Weprin, Koppell, Lanza, Moskowitz, DeBlasio, Barron, Perkins, Avella, McMahon, Foster, Reyna, Monserrate, Yassky, Gonzalez, Gioia, Gentile, Katz, Reed, 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 the purchase of energy efficient products, and to repeal subdivisions a, c, d, e and f of section 6-127 of such code.

Be it enacted by the Council as follows:

Section 1. Statement of findings and purpose. Recognizing the need for energy efficiency, the United States Environmental Protection Agency (EPA) and the United States Department of Energy (DOE) decided in 1992 to promote the purchase of energy efficient products through an innovative labeling program. The Energy Star labeling program certifies products that meet energy efficient criteria, and as a result, reduces energy use, lessening the amount of fossil fuel being burned by power plants and the amount of greenhouse gases and other pollutants emitted into the atmosphere.

Through the Energy Star program, manufacturers and retailers sign voluntary agreements allowing them to place Energy Star labels on products that meet or exceed energy efficiency guidelines set by the EPA and the DOE. Manufacturers and retailers also can use the label in product packaging, promotions and advertising for qualified products. Most Energy Star labeled products have the same or better performance, features, reliability, and price as conventional models.

Federal buyers are directed by Federal Acquisition Regulation Part 23 and Executive Orders 13123 and 13221 to purchase, where life-cycle cost-effective, products that are Energy Star labeled or products that are designated to be in the upper 25% of energy efficiency in their class, as well as products with low standby power. Federal agencies are also required to reduce their energy use by 35% by 2010 in comparison to 1985 levels. In addition, the DOE established the Federal Energy Management Program ("FEMP"), which provides federal agencies with energy efficiency recommendations that exceed the scope of Energy Star by addressing commercial-sized products and water-using products. Under the Energy Policy Act of 2005, the FEMP standards became mandatory for all federal agencies, subject to certain exemptions.

Accordingly, the Council declares it is reasonable and necessary to require the purchase of energy efficient products.

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[Consolidated provisions are not included in this Appendix A]

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§ 4. 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.

§ 5. This local law shall take effect January 1, 2007, except that the director of citywide environmental purchasing as appointed by the mayor shall take all 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. 534-A, a proposed 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 environmental purchasing, takes effect; 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; 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.