L.L. 2008/013

Enactment date: 4/1/2008

Int. No. 728

By Council Members de Blasio, McMahon, the Speaker (Council Member Quinn) and Council Members Comrie, Dickens, Fidler, Gentile, Katz, Koppell, Recchia Jr., Sanders Jr., Weprin, Gerson, Jackson, James, Stewart, Vallone Jr., Martinez, Yassky, Liu, Nelson, Foster, Monserrate, Rivera, Garodnick, Mealy and Sears

A Local Law to amend the administrative code of the city of New York, in relation to the collection for recycling, reuse and safe handling of electronic equipment in the city of New York.

Be it enacted by the Council as follows:

Section 1. Declaration of legislative findings and intent. The Council finds that electronic waste represents one of the fastest growing and most hazardous components of the City of New York's waste stream. It is estimated that, based upon national data, less than 10% of the city's electronic waste is currently being recycled. According to the United States Environmental Protection Agency ("EPA"), more than 2.6 million tons of computers, television sets and other electronic waste were discarded in the United States during 2005. The EPA also estimates that there are hundreds of millions of pieces of electronic waste being stockpiled in homes and businesses.

Electronic waste contains many toxic substances that include known or probable human carcinogens that have been identified by the EPA, European Union and municipal and state Departments of Health throughout the country. An average television set with a traditional cathode ray tube contains as much as five to seven pounds of lead, and an average computer terminal contains four pounds of lead as well as smaller amounts of mercury and cadmium. The improper disposal of this waste therefore poses a threat to human health and the environment. Indeed, according to the EPA, as much as 70% of heavy metals contained in landfills, including lead, mercury and cadmium, originates from electronic waste. The incineration of electronic waste can lead to increased mercury, lead and other toxic airborne emissions.

There are direct environmental and public health consequences for New York City residents and workers from the improper handling and disposal of electronic waste. For example, the regional incineration of electronic waste poses a direct threat to the city's air quality and the health of its residents.

The Council finds that there is currently no comprehensive system for managing the growing problem of electronic waste in the City of New York. The Council further finds that the establishment of a system to provide for the collection, handling and recycling or reuse of electronic equipment in this city is consistent with its duty to protect the health, safety and welfare of its citizens; enhance and maintain the quality of the environment; and help prevent air, water and land pollution. The Council further finds that such a system is consistent with New York State's overall solid waste management policy, including its intent to pursue and implement an integrated approach to solid waste management and to aggressively promote waste reduction, reuse and recycling as the preferred methods of waste management.

The purpose of this chapter is to establish an electronics recycling system that ensures the safe and environmentally sound handling, recycling, or reuse of electronic equipment. In addition, it is the purpose of this chapter to establish an electronics recycling and reuse collection system that is convenient and minimizes costs to consumers of electronic equipment and to the City. The Council further finds that by encouraging convenient and environmentally sound collection of electronic waste, this chapter would reduce the environmental and health costs associated with electronic equipment that is discarded along with ordinary waste.

The Council finds that the manufacturers of electronic equipment should reduce and, to the maximum extent feasible, ultimately phase out the use of hazardous materials in electronic products. The Council further finds that primary responsibility for the collection, handling and recycling or reuse of electronic equipment belongs to manufacturers. Currently, manufacturers of electronic equipment are required to bear none of the financial burden or responsibility for safely managing discarded electronic equipment at the end of its useful life, burdening local governments and end users with these costs and responsibilities. Manufacturers of electronic equipment, in working to achieve the goals and objectives of this chapter, should have the flexibility to act in partnership with each other, the city and businesses that provide collection and handling services to develop, implement and promote a safe and effective electronics recycling system.

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[Consolidated provisions are not included in this Appendix A]

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§ 3. This local law shall take effect immediately

L.L. 2008/014

Enactment date: 4/1/2008

Int. No. 738

By Council Members Weprin and Nelson (by request of the Mayor)

A Local Law in relation to the date of submission by the Mayor of the proposed executive budget and budget message, the date of submission by the Borough Presidents of recommendations in response to the Mayor's executive budget, the date of publication of a report by the director of the independent budget office analyzing the executive budget, the date by which the Council hearings pertaining to the executive budget shall conclude, the date by which if the expense budget has not been adopted, the expense budget and tax rate adopted as modified for the current fiscal year shall be deemed to have been extended for the new fiscal year until such time as a new expense budget has been adopted, the date by which if a capital budget and a capital program have not been adopted, the unutilized portion of all prior capital appropriations shall be deemed reappropriated, the date of submission by the Mayor of an estimate of the probable amount of receipts, the date by which any person or organization may submit an official alternative estimate of revenues, the date by which if the Council has not fixed the tax rates for the ensuing fiscal year, the commissioner of finance shall be authorized to complete the assessment rolls using estimated rates, and related matters, relating to the fiscal year two thousand nine.

Be it enacted by the Council as follows:

Section 1. During the calendar year 2008 and in relation to the 2009 fiscal year:

   1.   Notwithstanding any inconsistent provisions of section 249 of the New York city charter, as added by vote of the electors on November 7, 1989, subdivision a of section 249 as amended by local law number 25 for the year 1998, the Mayor shall pursuant to such section submit a proposed executive budget and budget message as therein described not later than May 2, 2008.

   2.   Notwithstanding any inconsistent provisions of section 251 of the New York city charter, as added by vote of the electors on November 7, 1989, each borough president shall pursuant to such section submit recommendations in response to the Mayor's executive budget as therein described not later than May 12, 2008.

   3.   Notwithstanding any inconsistent provisions of section 252 of the New York city charter, as added by vote of the electors on November 7, 1989, the director of the independent budget office shall pursuant to such section publish a report analyzing the executive budget as therein described not later than May 20, 2008.

   4.   Notwithstanding any inconsistent provisions of section 253 of the New York city charter, as added by vote of the electors on November 7, 1989, the Council shall pursuant to such section hold hearings on the executive budget as therein described which shall conclude by May 30, 2008.

   5.   Notwithstanding any inconsistent provisions of subdivision d of section 254 of the New York city charter, as added by vote of the electors on November 7, 1989, and subdivision b of section 1516 of the New York city charter, as amended by vote of the electors on November 7, 1989, if an expense budget has not been adopted by June 10, 2008 pursuant to subdivisions a and b of section 254 of the New York city charter, the expense budget and tax rate adopted as modified for the current fiscal year shall be deemed to have been extended for the new fiscal year until such time as a new expense budget has been adopted.

   6.   Notwithstanding any inconsistent provisions of subdivision e of section 254 of the New York city charter, as added by vote of the electors on November 7, 1989, if a capital budget and a capital program have not been adopted by June 10, 2008 pursuant to subdivisions a and b of such section, the unutilized portion of all prior capital appropriations shall be deemed reappropriated.

   7.   Notwithstanding any inconsistent provisions of subdivision a of section 1515 of the New York city charter, as amended by vote of the electors on November 7, 1989, the Mayor shall pursuant to such subdivision prepare and submit to the Council an estimate of the probable amount of receipts as therein described not later than June 10, 2008.

   8.   Notwithstanding any inconsistent provisions of subdivision d of section 1515 of the New York city charter, as added by vote of the electors on November 7, 1989, any person or organization may pursuant to such subdivision submit an official alternative estimate of revenues as described therein at any time prior to May 20, 2008.

   9.   Notwithstanding any inconsistent provisions of subdivision a of section 1516-a of the New York city charter, as amended by vote of the electors on November 7, 1989, if the Council has not fixed the tax rates for the ensuing fiscal year on or before June 10, 2008, the commissioner of finance shall pursuant to such subdivision be authorized to complete the assessment rolls using estimated rates and to collect the sums therein mentioned according to law. The estimated rates shall equal the tax rates for the current fiscal year.

   10.   Notwithstanding any inconsistent provisions of subdivision b of section 1516-a of the New York city charter, as amended by vote of the electors on November 7, 1989, if, subsequent to June 10, 2008, the Council shall, pursuant to section 1516 of the New York city charter, fix the tax rates for the ensuing fiscal year at percentages differing from the estimated rates, real estate tax payments shall nevertheless be payable in accordance with subdivision a of section 1516-a of such charter at the estimated rates, where the commissioner of finance has exercised the authority granted by subdivision a of section 1516-a of such charter to complete the assessment rolls using estimated rates and to collect the sums therein mentioned according to law. However, in such event, prior to the first day of January in such fiscal year, the commissioner of finance shall cause the completed assessment rolls to be revised to reflect the tax rates fixed by the Council pursuant to section 1516 of such charter, and an amended bill for the installment or installments for such fiscal year due and payable on or after the first day of January shall be submitted to each taxpayer in which whatever adjustment may be required as a result of the estimated bill previously submitted to the taxpayer shall be reflected.

§ 2. This local law shall take effect immediately.

L.L. 2008/017

Enactment date: 5/6/2008

Int. No. 395-A

By Council Members Gennaro, Brewer, Foster, Gonzalez, James, Koppell, Mendez, Nelson, Seabrook, Weprin, Mark-Viverito, Lappin, McMahon, Liu, White Jr., Recchia Jr., Vallone Jr., Vacca, Martinez, Gioia, Garodnick, Rivera, Monserrate, Comrie, Eugene, Sears, Mealy and Ignizio.

A Local Law to amend the New York city charter and the administrative code of the city of New York, in relation to the office of operations, the office of environmental coordination and an office of long-term planning and sustainability.

Be it enacted by the Council as follows:

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[Consolidated provisions are not included in this Appendix A]

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§ 5.This local law shall take effect immediately, provided, however, that PlaNYC, issued on April 22, 2007, shall be deemed to constitute the first long-term sustainability plan as required by paragraph one of subdivision e of section 20 of the New York city charter, as added by section two of this local law.

L.L. 2008/021

Enactment date: 5/14/2008

Int. No. 729

By Council Members de Blasio, McMahon, the Speaker (Council Member Quinn) and Council Members Comrie, Dickens, Fidler, Gentile, Katz, Koppell, Recchia Jr., Sanders Jr., Gerson, Jackson, James, Stewart, Vallone Jr., Weprin, Martinez, Yassky, Liu, Nelson, Foster, Monserrate, Rivera, Garodnick, Mealy, Sears and Lappin

A Local Law to amend the administrative code of the city of New York, in relation to electronic equipment collection standards.

Be it enacted by the Council as follows:

Section 1. Declaration of legislative findings and intent. The purpose of this chapter is to require that manufacturers of covered electronic waste comply with specific electronic waste collection standards. The Council finds that the setting of performance standards is necessary to insure that electronic equipment is collected in appropriate amounts. The three-year period before penalties are imposed for failure to meet the prescribed performance standards gives the industry and the city ample time and data to evaluate, and if necessary, adjust the prescribed performance standards.

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[Consolidated provisions are not included in this Appendix A]

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§ 8. This local law shall take effect immediately.

L.L. 2008/022

Enactment date: 5/31/2008

Preconsidered Int. No. 756

By Council Members Gennaro, Avella, Brewer, Fidler, James, Koppell, Liu, Mark-Viverito, McMahon, Recchia Jr., Sanders Jr., Weprin, White Jr., Yassky, Monserrate, Nelson, Lappin, Vallone Jr., Gonzalez, Foster, Vacca, Martinez, Gioia, Garodnick, Rivera, Eugene, de Blasio, Jackson, Gentile, Katz, Mealy, Sears, Felder, Palma, Comrie and The Public Advocate (Ms. Gotbaum).

A Local Law to amend the administrative code of the city of New York, in relation to reducing greenhouse gas emissions and the repeal of local law number 55 for the year 2007.

Be it enacted by the Council as follows:

Section 1. Local law number 55 for the year 2007 is hereby REPEALED.

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[Consolidated provisions are not included in this Appendix A]

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§ 3. If any provision 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 provisions of this law, which remaining provisions shall continue in full force and effect.

§ 4. This local law shall take effect immediately and shall be deemed to have been in full force and effect as of December 5, 2007.