N.Y.C. Admin. Code § L.L. 2005/120: L.L. 2005/120

Enactment date: 12/29/2005

Int. No. 544-A

By Council Members Quinn, Gennaro, Barron, Brewer, Clarke, Fidler, Foster, Gerson, Jackson, James, Liu, Lopez, Martinez, Nelson, Palma, Weprin, Koppell, Moskowitz, DeBlasio, Perkins, Avella, McMahon, Recchia Jr., Reyna, Monserrate, Sears, Vallone Jr., Yassky, Gonzalez, Gioia, Gentile, Katz, Reed, Sanders Jr., 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 reduction of hazardous substances in products purchased by the city.

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.

Many common consumer products contain hazardous materials. Some of these materials, like lead and mercury, which can be found in computers and other electronic goods, are persistent bioaccumulative toxins. When these products are improperly stored or disposed of they can contaminate the soil, groundwater and air. Likewise, many products used in office building improvements, including carpeting materials and paints, have environmentally preferable alternatives. In response to the damage posed by hazardous products, governments, industry, healthcare professionals and non-profit organizations have supported the establishment of environmental purchasing standards.

The Council finds that environmentally preferable products should be purchased by the City.

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[Consolidated provisions are not included in this Appendix A]

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§ 3. The director shall investigate and report to the speaker of the council and the mayor by October 1, 2007, on the environmental effect of the city's use of road de-icing products and the potential for reducing the use of such products that contain high levels of chlorides and urea.

§ 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. 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.