L.L. 2005/121

A Local Law to amend the administrative code of the city of New York, in relation to establishing a "no wake area" within the Harlem River and requiring appropriate signage, requiring the preparation and distribution of educational material about wake reduction and establishing a temporary citywide boater safety and wake reduction task force.

Be it enacted by the Council as follows:

Section 1. Declaration of legislative findings and intent. The operation of water-borne vessels within the city of New York or its territorial waters results in the production of wakes, some of which travel at speeds and heights that pose a danger to the safety of boaters in vessels that are not mechanically propelled, and may damage piers and other shoreline structures, waterfront recreational facilities and parks, the shoreline itself and wetland restoration sites along the waterfront.

The New York Restoration Project, a non-profit organization founded over ten years ago, creates open space for public access and manages several gardens and parks. In 1996, the organization began work to clean up a five-acre parcel of land on the Harlem River located at the corner of Harlem River Drive and Dyckman Street that was being used as a dumping ground for boats, refrigerators, construction equipment and other debris.

The New York Restoration Project converted this area to parkland and opened the Peter Jay Sharp Boathouse in 2004, which is a floating structure managed by the New York Rowing Association, a not-for-profit organization dedicated to sharing the benefits of rowing for athletes in New York City of all ages and athletic abilities. In addition, the organization initiated a wetland restoration project along the shoreline that was completed in 2003 by the New York State Department of Transportation.

The Peter Jay Sharp Boathouse has required several costly repairs during its short period of operation. For example, over 300 linear feet of sewer, sprinkler and water utility piping running from the boathouse to the shore was destroyed, a floating dock was damaged and the boathouse's fendering system deteriorated. According to the New York Restoration Project, harmful wakes have contributed to these damages.

The Harlem River is a popular waterway for rowing and crew racing. Nicknamed "Scullers Row" in the late 19th and early 20th centuries, the Harlem River is considered by many to be the birthplace of American rowing. In addition to the Peter Jay Sharp boathouse, the Columbia University Boathouse is located at the northern tip of Manhattan near Spuyten Duyvil. Columbia University rowers have long practiced and raced on the Harlem River as far south as Yankee Stadium. Other rowing clubs use the Harlem River for daily practice, including Fordham University, Manhattan College and the Empire State Rowing Association.

Use of the Harlem River for rowing is rapidly increasing. In 2005, there were two regattas on the Harlem River, including the first annual Peter Jay Sharp "Head of the Harlem" Regatta in September, which drew high school, collegiate and master rowers from up and down the eastern seaboard. The New York Rowing Association's Urban Rowing Initiative teaches swimming and rowing to urban teenagers, especially from Washington Heights and the South Bronx, as a way of opening up both the river to its surrounding community and the kids to possible athletic scholarships. The New York State Office of Parks and Historic Preservation is studying the feasibility of building a multi-use boathouse at the southern end of Roberto Clemente State Park as part of a park-wide renovation to be completed by 2010.

Despite the Harlem River's unique role as a crew racing destination in New York City, rowers must compete with mechanically-propelled boat users and their wakes. A recent incident underscores the need for operators of all water-borne vessels to exercise extreme caution in their activities and to make allowances for the possibility of the presence of other boaters in the water. In this incident, a collision occurred between a racing shell carrying four members of the Peter Jay Sharp Rowing Club and another vessel. The four men were thrown into the water, and while three were rescued by the operators of the vessel, the fourth man, Jim H. Runsdorf, could not be rescued. This bill is therefore named in tribute to Jim H. Runsdorf.

This tragedy raises questions about how to improve the coordination of water transportation in areas known for crew racing using non-mechanical boats and regattas. This legislation addresses this problem by defining two areas in the Harlem River as a "no wake area" to enhance the safety of non-mechanically propelled vessel operators and protect piers and other shoreline structures, waterfront recreational facilities and parks, the shoreline itself and wetlands along the waterfront. This legislation also addresses the need for increased awareness and care among operators of water-borne mechanically-propelled vessels traveling in the territorial waters of New York City by publicizing educational material and creating a temporary citywide task force on boater safety and wake reduction.

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[Consolidated provisions are not included in this Appendix A]

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§ 5. This local law shall be known as the Jim H. Runsdorf Law.

§ 6. This local law shall take effect immediately, except that sections two and three shall take effect ninety days after it shall have become a law, and except that the police commissioner and the commissioner of parks and recreation shall take such actions as are necessary for the implementation of sections two and three of this local law prior to such effective date.

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.

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.

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:

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.

§ 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.

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.

L.L. 2005/122

Enactment date: 12/29/2005

Int. No. 550-A

By Council Members Martinez, Moskowitz, Barron, Brewer, Comrie, Dilan, Fidler, Gennaro, Gentile, Gerson, Gonzalez, Jennings, Koppell, Liu, Monserrate, Nelson, Palma, Quinn, Recchia Jr., Sanders Jr., Stewart, Weprin, deBlasio, Jackson and The Public Advocate (Ms. Gotbaum)

A Local Law to amend the New York city charter, in relation to requiring the New York city department of education to report on the number of temporary and non-standard classrooms in use in the public school system.

Be it enacted by the Council as follows:

Section 1. Legislative findings. New York City public schools have been overcrowded for decades. As a result, at hundreds of schools across the City, the Department of Education has installed "temporary classrooms" or "transportable classroom units." These are semi-permanent, modular buildings designed to provide classroom space cheaply and quickly. Unfortunately, many of these temporary classrooms have become permanent fixtures in their schoolyards. The Department has insufficient funds to replace them with proper school buildings, and, therefore, many of these structures have remained in use for decades.

These temporary classrooms are undesirable for many reasons. They are often poorly heated, ventilated and lit. They isolate children from their school communities and take up space that is needed for playgrounds and athletic facilities.

In addition to installing temporary classrooms, the Department, in response to overcrowding, has converted non-classroom space within existing school buildings to classroom use. As a result, many students attend class in converted offices, bathrooms, basements, and other spaces that were not designed to be classrooms. These spaces often lack sufficient natural light, and are laid out in a manner that is far from ideal. Some of these spaces likely do not meet minimal standards for appropriate classroom design. Furthermore, in the most overcrowded schools, the elimination of libraries, laboratories, art rooms, auditoriums and other spaces in order to provide classroom space deprives children of fundamental, important aspects of their education.

Although the Department of Education has for years promised to eliminate the use of temporary and non-standard classrooms, it has been slow to do so. The public is not aware of the scope of these problems, as parents are generally only familiar with their children's schools. Therefore, public pressure to improve these substandard classrooms has not reflected the level of public dissatisfaction with such facilities. The Council finds that the Department's efforts to eliminate temporary and non-standard classrooms would be aided by the annual public disclosure of the number of such classrooms.

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[Consolidated provisions are not included in this Appendix A]

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§ 3. If any 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 the local law that added this section, which remaining portions shall remain in full force and effect.

§ 4. This local law shall take effect immediately after its enactment into law.

L.L. 2005/123

Enactment date: 12/29/2005

Int. No. 552-A

By Council Members Moskowitz, the Speaker (Council Member Miller), Gennaro, Quinn, Baez, Brewer, Comrie, Fidler, Gentile, Gerson, Koppell, Liu, Martinez, Nelson, Recchia Jr., Reed, Sears, Stewart, Weprin, DeBlasio, James, Barron, Perkins, McMahon, Reyna, Monserrate, Vallone Jr., Yassky, Gioia, Sanders Jr., Katz, Lopez , Palma, 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 green cleaning and other custodial products.

Be it enacted by the Council as follows:

Section 1. Statement of findings and purpose. The Council finds that there are environmentally preferable alternatives to the products that we commonly use for routine tasks, such as cleaning and maintaining interior building finishes. Such alternatives are most beneficial to those who apply them and those who occupy buildings where such products are used. In addition to the federal government, a number of state and local jurisdictions have taken steps to purchase environmentally preferable or "green" cleaning products.

The Council finds that the purchase and use of many such environmentally preferable cleaning alternatives will result in improved indoor air quality and enhanced environmental health.

§ 2. This law shall be known and may be cited as the "Greening Our Cleaning Act".

§ 3. Green cleaning product pilot program.

a. For the purpose of this section and section four of this local law, the following terms shall have the following meanings:

(1) "Air freshener" means any product including, but not limited to, sprays, wicks, powders, blocks, gels and crystals, designed for the purpose of masking odors, or freshening, cleaning, scenting or deodorizing the air. This term shall not include products that are used on the human body, products that function primarily as cleaning products or disinfectant products claiming to deodorize by killing germs on surfaces.

(2) "Bathroom cleaner" means any product used to clean hard surfaces in a bathroom, such as counters, walls, floors, fixtures, basins, tubs and tile. This term may include products that are required to be registered under the federal insecticide, fungicide, and rodenticide act, such as disinfectants and sanitizers, but shall not include products specifically intended to clean toilet bowls.

(3) "Carpet cleaner" means any product used for the routine cleaning of carpets and rugs. This term shall include, but not be limited to, products used in cleaning by means of extraction, shampooing, dry foam, bonnet or absorbent compound, but shall not include products intended primarily for spot removal or any products required to be registered under the federal insecticide, fungicide, and rodenticide act, such as those making claims as sterilizers, disinfectants or sanitizers.

(4) "Degreaser" means any product designed to remove or dissolve grease, grime, oil and other oil-based contaminants from interior or exterior building surfaces.

(5) "Director" means the director of citywide environmental purchasing.

(6) "Disinfectant" means any United States environmental protection agency-registered agent that is used to destroy or irreversibly inactivate infectious fungi, viruses and bacteria, but not necessarily their spores.

(7) "Floor finish" means any product designed to polish, protect or enhance floor surfaces by leaving a protective wax, polymer or resin coating that is designed to be periodically removed and reapplied.

(8) "Floor stripper" means any product designed to remove floor finish through breakdown of the finish polymers, or by dissolving or emulsifying the finish, polish or wax. This term shall not include general-purpose cleaners that can be used to clean floors, floor sealers, spray buffing products or products or equipment designed to remove floor wax solely through abrasion.

(9) "General-purpose cleaner" means any product used for routine cleaning of hard surfaces, including impervious flooring, such as concrete or tile. This term shall not include any cleaner intended primarily for the removal of rust, mineral deposits or odors; any product intended primarily to strip, polish or wax floors; any cleaner intended primarily for cleaning toilet bowls, dishes, laundry, glass, carpets, upholstery, wood or polished surfaces; or any product required to be registered under the federal insecticide, fungicide, and rodenticide act, such as those making claims as sterilizers, disinfectants or sanitizers.

(10) "Glass cleaner" means any product used to clean windows, glass and polished surfaces. This term shall not include any product required to be registered under the federal insecticide, fungicide, and rodenticide act, such as those making claims as sterilizers, disinfectants or sanitizers.

(11) "Green Seal" means the independent, non-profit organization that sets standards for environmentally responsible products.

(12) "Metal cleaner" means any product designed primarily to improve, by physical or chemical action, the appearance of finished metal, metallic, or metallized furniture or interior or exterior building surfaces, including, but not limited to fittings and decorative ornamentation. This term shall not include any product designed primarily to remove grease, grime and oil.

(13) "Sanitizer" means any United States environmental protection agency-registered agent that is used to reduce, but not necessarily eliminate microorganisms to levels considered safe by public health codes or regulations.

b. A pilot program, which the director shall administer, is hereby established to study the feasibility of using green cleaning products in city facilities.

c. The director shall develop a list of cleaning products currently used in large quantities by agencies and shall select cleaning product categories currently used by agencies that are suitable for inclusion in the pilot program. At a minimum, general-purpose cleaners, bathroom cleaners, glass cleaners, carpet cleaners, floor finishes, floor strippers and air fresheners shall be included in the pilot program if used by the city and disinfectants, sanitizers, graffiti removers, metal cleaners, furniture polishes and degreasers shall be considered for inclusion in such program.

d. For each product category included in the pilot program, the director shall establish health and environmental criteria for selecting products to be tested and evaluated in the pilot program. The following may be considered in establishing such criteria:

(1) any available scientific evidence;

(2) any specifications, guidelines or rules of other governmental agencies or jurisdictions, or organizations supporting the establishment of environmental purchasing standards;

(3) whether such products contain any known respiratory irritants, mutagens or petrochemical-based fragrances, are produced from bio-based materials, or are sold in containers that reduce worker exposure to the chemicals contained therein; and

(4) any other matter determined by the director to be relevant to determining such health and environmental criteria.

e. The director shall select environmentally preferable cleaning products in each product category for inclusion in the pilot program that meet the criteria established pursuant to subdivision d of this section. Where the director selects a product for testing and evaluation in a product category for which an applicable Green Seal standard exists, the director shall, to the extent practicable, direct that the product, at a minimum, meet such Green Seal standard, with the exception of product packaging and concentrate requirements.

f. The director shall select an appropriate, representative sample of facilities, or portions thereof, owned by the city within which to implement the pilot program.

g. No later than one year after the date of enactment of this local law, the director shall develop and publish a pilot program plan for the testing and evaluation of environmentally preferable cleaning products, which shall include: the list of products in each category to be tested and evaluated in the pilot program; testing and evaluation guidelines for such products; the facilities, or portions thereof, designated for inclusion in such pilot program; and any other information relating to the pilot program that the director deems appropriate. Immediately upon its publication, such plan shall be distributed to all agencies participating in the pilot program, in addition to the mayor and the speaker of the council. Any update or modification to such plan shall immediately be distributed as described above.

h. The testing and evaluation process of the pilot program shall assess products selected for the program based upon effectiveness, health and safety, costs and savings.

i. No later than three years after the enactment of this local law, the director shall submit a report to the mayor and the speaker of the council, which shall detail the results of the pilot program. Such report shall include, but not be limited to, the following:

(1) a list of the products that were tested and evaluated in each product category;

(2) a description of the pilot program process and how each product category and product was selected for inclusion in the program and tested and evaluated, as applicable;

(3) the health and environmental criteria established for each product category and, where the director has not directed that tested and evaluated products, at a minimum, meet the applicable Green Seal standard for the relevant product category where such a standard exists, with the exception of product packaging and concentrate requirements, an explanation as to why the director has not done so;

(4) the facilities, or portions thereof, in which the pilot program was implemented;

(5) the agencies whose facilities or employees were included in the pilot program;

(6) the list of cleaning products developed pursuant to subdivision c of this section, the amount of each such product purchased during the fiscal year beginning July 1, 2007, and whether or not these products meet the health and environmental criteria established by the director pursuant to the pilot program;

(7) an analysis and conclusion regarding the testing and evaluation of each product with respect to effectiveness, health and safety, and anticipated costs or savings and how such results compare to an assessment of such characteristics for the standard cleaning product used for the same purpose; and

(8) a determination as to the feasibility of using environmentally preferable cleaning products in each of the product categories included in the pilot program citywide in facilities, or portions thereof, owned and/or leased by the city, based upon effectiveness, health and safety, costs and savings of the products in such category. For any facility type or specific application for which the director determines that the use of such products in a specific product category is not feasible, the reasons for such lack of feasibility and all efforts made to successfully use such products in such facility type or application shall be described.

j. The director may, on an ongoing basis, test and evaluate environmentally preferable cleaning products, not limited to the product categories included in the pilot program, to determine the feasibility of using such products by the city.

§ 4. Green cleaning technical advisory committee.

a. A green cleaning technical advisory committee shall be established, which shall provide advice and recommendations to the director for the duration of its term on the green cleaning product pilot program established pursuant to section three of this local law, regarding:

(1) the scope and implementation of the pilot program, including the product categories, products, facilities, or portions thereof, and agencies included in the program;

(2) for each program category, the health and environmental criteria that products shall meet;

(3) the testing and evaluation of products;

(4) a determination as to the feasibility of using environmentally preferable cleaning products citywide in facilities, or portions thereof, owned and/or leased by the city; and

(5) any other recommendations to improve upon or make the pilot program more effective, including regarding end-user outreach and training and the experience of other jurisdictions.

b. Such advisory committee shall be comprised of seven members, two of whom shall be appointed by the speaker of the council and five by the mayor. The members, who shall serve without compensation, shall have technical, scientific or other relevant experience regarding the procurement or use of green cleaning products and shall be appointed no later than March 3, 2006. A chairperson shall be elected from amongst the members. Members shall serve at the pleasure of the appointing official and any vacancy shall be filled in the same manner as the original appointment. The director may provide staff to assist the advisory committee.

c. The advisory committee shall continue to exist until three years after the enactment of this local law, after which time the committee shall cease to exist.

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[Consolidated provisions are not included in this Appendix A]

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§ 6. 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.

§ 7. This local law shall take effect immediately, except that section five of this local law shall take effect June 1, 2009. 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 subdivision a, c, d, e and f of section 6-127 of such code, takes effect; 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; and 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.

L.L. 2005/125

Enactment date: 12/29/2005

Int. No. 619-A

By Council Members Moskowitz, Baez, Brewer, Fidler, Foster, Gennaro, Gerson, James, Koppell, Liu, Martinez, Nelson, Palma, Sanders Jr., Sears, Vann, Weprin, deBlasio, Jackson and The Public Advocate (Ms. Gotbaum)

A Local Law to amend the New York city charter, in relation to requiring the New York city department of education to report average class sizes in each school to the City Council.

Be it enacted by the Council as follows:

Section 1. Legislative findings. For decades, public schools in New York City have been overcrowded. Although class size varies from school to school, some elementary and middle schools have classes in excess of 30 students and some high schools have classes in excess of 35 students. Such class sizes are considered unreasonable by parents, students and educators.

Over the past decades, a variety of means have been tried to reduce class sizes, including hiring additional teachers, building additional school buildings, staggering classes over a dozen or more periods during the school day, and placing class size limitations in the contract between the Department of Education and the United Federation of Teachers. Although some of these measures have been successful, they have not succeeded in reducing class size uniformly, citywide, to acceptable levels.

The Council finds that one reason the Department of Education has been unable to reduce class size to acceptable levels citywide is that the public and policymakers do not have access to accurate and timely class size information. The Council therefore finds that legislation requiring the Department to report such information is necessary to ameliorate this deficiency.

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[Consolidated provisions are not included in this Appendix A]

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§ 4. This local law shall take effect one hundred and eighty days after its enactment into law.

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