N.Y.C. Admin. Code § L.L. 2005/121: L.L. 2005/121

Enactment date: 12/29/2005

Int. No. 545-A

By Council Members Recchia Jr., the Speaker (Council Member Miller), Gennaro, Brewer, Fidler, Gerson, James, Liu, McMahon, Nelson, Palma, Quinn, Sanders Jr., Seabrook, Stewart, Vallone Jr., Weprin, Koppell, Moskowitz, DeBlasio, Barron, Perkins, Avella, Foster, Reyna, Monserrate, Sears, Yassky, Gonzalez, Gioia, Gentile, Katz, Lopez, Jackson 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 products with recycled content, and to repeal section 6-122 and subchapter 5 of chapter 3 of title 16 of such code.

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 copy paper with no recycled content and copy paper with thirty percent post-consumer recycled content.

Pursuant to section 6002 of the Resource Conservation and Recovery Act, the United States Environmental Protection Agency (EPA) has developed recommended guidelines on the minimum recovered materials content of items purchased by federal agencies and other levels of government that apply more than $10,000 in federal funding towards a purchase. These guidelines apply to products in the following categories: paper; vehicular; construction; transportation; park and recreation; landscaping; non-paper office; and miscellaneous. The minimum percentage of recovered materials recommended for products in these categories is determined and updated periodically through the Federal Register in the form of Recovered Materials Advisory Notices. The EPA conducts an extensive consultation process in setting recovered materials standards.

The Council finds that the purchase of recycled products will protect the environment and improve the welfare of New York City residents and workers. Accordingly, the Council declares that it is reasonable and necessary to require the purchase of products with recycled content.

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[Consolidated provisions are not included in this Appendix A]

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§ 5. 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.

§ 6. 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. 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.