Section 6-301
§ 6-301 Definitions. a. For the purposes of this chapter only, the
following terms shall have the following meaning:
(1) "Agricultural wastes" means materials that remain after the
harvesting or production of annual crops, including but not limited to
rice, flax, wheat and rye.
(2) "Architectural coatings" means any coating to be applied to
stationary structures and their appurtenances at the site of
installation, to portable buildings at the site of installation, to
pavements, or to curbs. This term shall not include the following:
marine-based paints and coatings; coatings or materials to be applied to
metal structures, such as bridges; or coatings or materials labeled and
formulated for application in roadway maintenance activities.
(3) "Capital project" means a capital project as defined in section
210 of the charter that is paid for in whole or in part from the city
treasury.
(4) "Carpet" means any fabric used as a floor covering, but such term
shall not include artificial turf.
(5) "Carpet adhesive" means any substance used to adhere carpet to a
floor by surface attachment.
(6) "Carpet cushion" means any kind of material placed under carpet to
provide softness when it is walked upon.
(7) "Cathode ray tube" means any vacuum tube, typically found in
computer monitors, televisions and oscilloscopes, in which a beam of
electrons is projected on a phosphorescent screen.
(8) "City's environmental purchasing standards" or "city environmental
purchasing standard" means any standards set forth in this chapter and
any directives, guidelines or rules promulgated by the director.
(9) "Composite wood or agrifiber products" means plywood,
particleboard, chipboard, medium density fiberboard, standard
fiberboard, orient strand board, glulams, wheatboard or strawboard.
(10) "Construction work" means any work or operations necessary or
incidental to the erection, demolition, assembling or alteration of any
building, but such term shall not include minor repairs.
(11) "Contractor" means any person or entity that enters into a
contract with any agency, or any person or entity that enters into an
agreement with such person or entity, to perform work or provide labor
or services related to such contract.
(12) "Copier" means any device that makes paper copies of text or
graphic material.
(13) "Covered electronic device" means: (i) any cathode ray tube, any
product containing a cathode ray tube, any liquid crystal display (LCD),
plasma screen or other flat panel television or computer monitor or
similar video display product, any battery containing lead, cadmium,
lithium or silver, any computer central processing unit that contains
one or more circuit boards and includes any desktop computer or any
laptop computer, any computer peripherals including, but not limited to,
any keyboard, mouse and other pointing device, printer, scanner,
facsimile machine and card reader, and any copier, but not including any
automobile, household appliance, large piece of commercial or industrial
equipment containing a cathode ray tube, a cathode ray tube product, a
flat panel display or similar video display device that is contained
within, and is not separate from, the larger piece of equipment, or any
device used by emergency response personnel; or (ii) any other
electronic device designated by the director.
(14) "CPG" means the Comprehensive Procurement Guideline for Products
Containing Recovered Materials, as set forth in part 247 of title 40 of
the United States code of federal regulations.
(15) "Desktop computer" means any personal computer or workstation
designed to operate only on alternating current power and to reside on
or under a desktop.
(16) "Desktop-derived server" means any computer designed to provide
services to other computers on a network and that contains an EPS12V or
EPS1U form factor power supply.
(17) "Director" means the director of citywide environmental
purchasing.
(18) "Electronic product environmental assessment tool" means a tool
for evaluating the environmental performance of electronic products
throughout their life cycle developed by the federal government and
other stakeholders.
(19) "End-of-life management" means promoting the recycling or reuse
of a product through features of the product or materials from which the
product is manufactured.
(20) "ENERGY STAR labeled" means a designation indicating that a
product meets the energy efficiency standards set forth by the United
States environmental protection agency and the United States department
of energy for compliance with the ENERGY STAR program.
(21) "Flow rate" means the volume, mass, or weight of water flowing
past a given point per unit of time.
(22) "Green cleaning product" means any environmentally preferable
cleaning product whose use has been determined to be feasible through
the pilot program established pursuant to the local law that added
subchapter 6 of this chapter or through any other testing and evaluation
conducted by the director.
(23) "Hazardous substance" means any substance that, because of its
quantity, concentration, or physical or chemical characteristics, poses
a significant present or potential hazard to human health and safety or
to the environment if released into the workplace or the environment.
(24) "Incandescent lamp" means any lamp in which a filament is heated
to incandescence by an electric current to produce visible light.
(25) "Lamp" means any glass envelope with a gas, coating, or filament
that produces visible light when electricity is applied, but such term
shall not include automotive light bulbs.
(26) "Local area network" means any two or more computers and
associated devices that share a common communications line or wireless
link and typically share the resources of a single processor or server
within a small geographic area.
(27) "Minor repairs" means replacement of any part of a building for
which a permit issued by the department of buildings is not required by
law, where the purpose and effect of such work or replacement is to
correct any deterioration or decay of or damage to such building or any
part thereof and to restore same, as nearly as may be practicable, to
its condition prior to the occurrence of such deterioration, decay or
damage.
(28) "Persistent, bioaccumulative and toxic chemicals" means those
chemicals that are toxic to living organisms, persist in the environment
and build up in the food chain. This definition shall include any
substance on the United States environmental protection agency's list of
priority chemicals published under the national partnership for
environmental priorities, as well as hexavalent chromium, polybrominated
biphenyls and polybrominated diphenyl ethers.
(29) "Postconsumer material" means a material or finished product that
has served its intended use and has been diverted or recovered from
waste destined for disposal, having completed its life as a consumer
item. Postconsumer material is a part of the broader category of
recovered materials.
(30) "Power supply" means any device intended to convert line voltage
alternating current to one or more lower voltages of direct current.
(31) "Printer" means any device that prints the text or graphics
output of a computer onto paper.
(32) "Reasonably competitive" means at a cost not exceeding that
permissible under section 104-a of the general municipal law.
(33) "Recovered material" means waste materials and byproducts which
have been recovered or diverted from solid waste, but such term does not
include those materials and byproducts generated from, and commonly
reused within, an original manufacturing process. For purposes of
purchasing paper and paper products, "recovered material" includes
"post-consumer recovered paper" and "recovered materials, for purposes
of purchasing paper and paper products", as those terms are defined in
the CPG.
(34) "Recycled product" shall mean recycled product as defined in
section 104-a of the general municipal law.
(35) "Volatile organic compound" means any compound of carbon,
excluding carbon monoxide, carbon dioxide, carbonic acid, metallic
carbides or carbonates, and ammonium carbonate, which participates in
atmospheric photochemical reactions, as specified in part 51.100 of
chapter 40 of the United States code of federal regulations.
Section 6-302
§ 6-302 Applicability. a. Except where otherwise provided, the
provisions of this chapter shall apply to any product:
(1) purchased or leased by any agency;
(2) purchased or leased by any contractor pursuant to any contract
with any agency where the director has designated such contract as one
subject to this chapter in whole or in part; or
(3) purchased or leased by any contractor pursuant to any contract
with any agency for construction work in any building; provided that
this paragraph shall only require that such contractors meet the
requirements of subdivisions a, b and c of section 6-313 and
subdivisions a and b of section 6-306 of this chapter. Notwithstanding
the foregoing, except when otherwise determined by the director, this
paragraph shall not apply to any such contract:
(i) subject to green building standards pursuant to subdivision b of
section 224.1 of the charter;
(ii) subject to energy efficiency standards pursuant to subdivision c
of section 224.1 of the charter; provided, however, that this exception
shall only apply to the purchase of energy using products and to the
extent the purchase or lease of any such products is necessary for
compliance with such subdivision;
(iii) subject to water efficiency standards pursuant to subdivision d
of section 224.1 of the charter; provided, however, that this exception
shall only apply to the purchase of water using products;
(iv) where construction work is for a portion of a building that is
less than fifteen thousand (15,000) square feet;
(v) where construction work is in any building or portion of a
building leased by the city; provided, however, that this subparagraph
shall not apply to any product purchased or leased by any contractor
pursuant to any contract with any agency for construction work that (1)
is a capital project and (2) is in a building or portion of a building
that is leased for the use of a single agency where such single agency's
lease is for more than fifty thousand (50,000) square feet of space; or
(vi) where the commissioner of the department of citywide
administrative services determines that the requirements of this
paragraph will result in significant difficulty in finding a suitable
site for an agency facility and that such a circumstance could
materially adversely affect the health, safety, or welfare of city
residents.
b. Notwithstanding subparagraph (v) of paragraph 3 of subdivision a of
this section, for any building where any single agency leases less than
fifty thousand (50,000) but more than fifteen thousand (15,000) square
feet of space, the contracting agency shall nonetheless make good faith
efforts to apply subdivisions a, b and c of section 6-306 and
subdivisions a and b of section 6-313 of this chapter to any capital
construction work.
Section 6-303
§ 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
(9) where the contracting agency finds that the inclusion of a
specification otherwise required by subchapters 5 or 6 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.
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).