§ 6-303 Exemptions and waivers.

   a.   This chapter shall not apply:

      (1)   to any product purchased or leased before the effective date of the local law that added this chapter;

      (2)   to any procurement where federal or state funding restrictions precludes the city from imposing the requirements of this chapter;

      (3)   to small purchases pursuant to section three hundred fourteen of the charter;

      (4)   to emergency procurements pursuant to section three hundred fifteen of the charter;

      (5)   to intergovernmental purchases pursuant to section three hundred sixteen of the charter;

      (6)   where compliance with the city's environmental purchasing standards would conflict with the purpose of chapter 3 of title 25 of this code;

      (7)   to any product if there are fewer than three manufacturers that produce such product meeting the city's environmental purchasing standards and that are capable of producing any such product in a quantity and within a time period that are adequate for the city's needs;

      (8)   where the contracting agency finds that the inclusion of a specification otherwise required by sections 6-306 or 6-310 of this chapter would not be consistent with such agency's ability to obtain the highest quality product at the lowest possible price through a competitive procurement, provided that in making any such finding the contracting agency shall consider life-cycle cost-effectiveness and shall submit to the director a report summarizing the analysis upon which such agency has relied to make such finding; and

      (9)   where the contracting agency finds that the inclusion of a specification otherwise required by subchapters 5, 6 or 8 of this chapter would not be consistent with such agency's ability to obtain the highest quality product at the lowest possible price through a competitive procurement, provided that in making any such finding the contracting agency shall consider the health and safety benefits of such specification and shall submit to the director a report summarizing the analysis upon which such agency has relied to make such finding.

   b.   The city's environmental purchasing standards may be waived by the director upon application by any agency:

      (1)   where compliance with the city's environmental purchasing standards would conflict with any consumer, health or safety:

         (i)   regulation of any agency; or

         (ii)   requirement of the federal government or state of New York or any nationally recognized testing laboratory designated by the director; or

      (2)   for any product if there are fewer than five manufacturers that produce such product meeting the city's environmental purchasing standards and that are capable of producing any such product in a quantity and within a time period that are adequate for the city's needs.

   c.   Any application for any waiver pursuant to this section shall be made in writing by the applying agency. The director shall, within a reasonable period of time, issue a written determination on whether to grant any such waiver application and shall include an explanation of any such determination.

   d.   Except as otherwise provided in this chapter, the director may exempt from the provisions of this chapter up to the following total dollar amounts, provided such amounts shall be indexed to inflation beginning in the second year after the effective date of this local law, of contracts for goods or construction work in the following fiscal years if in his or her judgment such exemption is in the best interests of the city:

      (1)   for fiscal years 2007 and 2008, one hundred million dollars ($100,000,000);

      (2)   for fiscal year 2009, seventy-five million dollars ($75,000,000); and

      (3)   for fiscal year 2010 and any fiscal year thereafter, fifty million dollars ($50,000,000).

(Am. L.L. 2021/111, 10/24/2021, eff. 4/22/2022)

Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2005/118.

Subchapter 2: Oversight of Environmental Purchasing

Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2005/118.

§ 6-304 Director of citywide environmental purchasing.

There shall be a director of citywide environmental purchasing who shall:

   a.   as appropriate, promulgate rules, directives and guidance for the purpose of establishing and implementing environmental purchasing standards, in addition to those set forth in this chapter, the purpose of which shall be to promote the following objectives to the greatest extent possible:

      (1)   Water and energy conservation;

      (2)   Reduced use of virgin materials;

      (3)   Increased use of recycled and reused materials, as well as recyclable and reusable materials;

      (4)   Reduced use of hazardous substances, with an emphasis on persistent, bioaccumulative and toxic chemicals;

      (5)   Decreased greenhouse gas emissions, in accordance with section 24-803;

      (6)   Improvement of indoor and outdoor air quality;

      (7)   Promotion of end-of-life management;

      (8)   Reduction of waste; and

      (9)   Take other measures, as determined by the director, that are intended to account for and reduce the negative effects on the environment, or to generate positive effects on the environment, caused by city procurement;

   b.   at least once every two years, review and, if necessary, update or revise the city's environmental purchasing standards;

   c.   when promulgating any rules pursuant to this chapter, consider, as appropriate, any available scientific evidence, or specifications, guidelines or rules of other governmental agencies or organizations supporting the establishment of environmental purchasing standards, as well as the electronic product environmental assessment tool;

   d.   partner, as appropriate, with other levels of government or jurisdictions to establish joint environmental purchasing standards, including working with and encouraging state agencies that supervise contracts from which the city purchases goods pursuant to paragraph five of subdivision a of section 6-303 of this chapter to meet or exceed any relevant city environmental purchasing standard;

   e.   monitor agency compliance with the city's environmental purchasing standards; and

   f.   by October 1 of each year, submit an annual report to the speaker of the council and the mayor, and post to the director's website, an annual report detailing the city's progress in meeting the purposes of this chapter, as specified in subdivision a of this section, and the city's environmental purchasing standards, which report shall at a minimum include:

      (1)   the total value of contracts entered into by any agency that comply with one or more city environmental purchasing standards and a list of corresponding solicitations that include any product that is subject to this chapter and the city environmental purchasing standard that is applicable to any such product specified in such solicitation;

      (2)   reserved;

      (3)   a list and the aggregate dollar value of contracts exempted pursuant to subdivision a of section 6-303 of this chapter according to each type of exemption;

      (4)   a list and the aggregate dollar value of contracts for which a waiver has been issued pursuant to subdivision b of section 6-303 of this chapter according to each type of waiver with an explanation of the director's basis for granting each such waiver;

      (4-a)   the aggregate dollar value of contracts entered into by any agency that do not comply with one or more city environmental purchasing standards;

      (5)   all changes to the city's environmental purchasing standards since the last publication of such report, including any new, updated or revised rules established or determinations made by the director, a summary of any ongoing review pursuant to subdivision b of this section and, if no updates or revisions have been made to the city's environmental purchasing standards pursuant to such subdivision during the two years preceding such report, an explanation for the determination that such updates or revisions were not necessary;

      (6)   an identification of any product for which new or additional environmental purchasing standards are necessary;

      (7)   beginning January 1, 2008, an explanation of any determination pursuant to subdivision b of section 6-308 of this chapter not to require compliance with the CPG;

      (8)   a list of products considered in implementing subdivision c of section 6-308 of this chapter, including an indication of whether any such products were determined to be of inadequate quality, unavailable within a reasonable period of time, at a price that does not exceed a cost premium of seven percent (7%) above the cost of a comparable product that is not a recycled product or at a price that does not exceed a cost premium of five percent (5%) above the cost that would apply pursuant to subdivision a of section 6-308;

      (9)   beginning January 1, 2008, an explanation of any determination pursuant to subdivision c or d of section 6-306 of this chapter not to require compliance with the federal energy management program;

      (10)   a description of the good faith efforts required pursuant to subdivision b of section 6-302 of this chapter;

      (11)   a description of the director's efforts pursuant to subdivision d of this section;

      (12)   reserved;

      (13)   reserved; and

      (14)   an appendix consisting of the annual reports submitted in the preceding 12-month period pursuant to paragraph (2) of subdivision a of section 6-305.

   g.   maintain a website controlled by the director that includes information about city functions related to environmentally preferable purchasing, including the annual report required by subdivision f of this section, all rules, directives and guidance promulgated by the director pursuant to this section, and any other information or materials that the director determines would inform the public of city efforts to engage in environmentally preferable purchasing.

(Am. L.L. 2021/111, 10/24/2021, eff. 4/22/2022)

Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2005/118.

§ 6-305 Agency implementation.

   a.   Each agency shall designate an environmental purchasing officer who shall:

      (1)   coordinate with the director to ensure agency compliance with the city's environmental purchasing standards; and

      (2)   submit an annual report as required by the director detailing such compliance, which report shall include all reports required for exemptions for contracts registered or otherwise made effective in the prior year pursuant to paragraphs (8) or (9) of subdivision a of section 6-303.

   b.   The department of education shall submit an annual report to the speaker of the council and the mayor by October 1 of each year detailing the department's procurement activities that are consistent with the city's environmental purchasing standards.

(Am. L.L. 2021/111, 10/24/2021, eff. 4/22/2022)

Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2005/118.

Subchapter 3: Energy Efficiency

Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2005/119.