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Business Integrity Commission
Codified Title: 
Title 17: Business Integrity Commission

Proposed Rules: Open to Comments

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Agency:
Comment By: 
Wednesday, June 7, 2017
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

Several of the Commission’s rules have not been updated since they were promulgated. The result is that these rules may not reflect some of the changes in technology and changes in the trade waste industry and the public wholesale food markets. In addition to adding clarifying language and making rules easier to understand and consistent with each other, the Commission proposes to eliminate some existing rules because they are obsolete. In addition, these proposed rules, which apply to trade waste licensees, registrants, applicants for trade waste licenses and registrations, wholesale business registrants, market business registrants, labor union and labor organization registrants, wholesale trade association registrants, photo identification card holders, and applicants for the same, modify the Commission’s current rules to allow for electronic communications between the Commission and entities that are regulated by the Commission.

Under these proposed rule modifications, the Business Integrity Commission would:

  • Add e-mail as a form of service;
  • Remove references to the Department of Consumer Affairs as the forum for certain hearings;
  • Specify exceptions to the disclosure of criminal history pursuant to the New York State Executive Law (the so-called “Ban the Box” legislation);
  • Clearly add the failure to appear, be examined, or to provide testimony under oath as prohibited conduct;
  • Remove the obsolete requirement for a uniform chart of accounts;
  • Require applicants to provide e-mail addresses on applications;
  • Require applicants/licensees/registrants to provide driver’s license information for employees who will operate vehicles pursuant to the license or registration;
  • Clearly specify reasons that a contract between a trade waste licensee and a customer will be voidable;
  • Clarify language to require that changes in material information are required to be provided to the Commission within 10 business days;
  • Clarify language regarding when Commission-issued license plates must be returned to the Commission;
  • Eliminate the obsolete requirement for trade waste brokers to post their Commission-issued registration at their place of business;
  • Remove some obsolete requirements for trade waste brokers. Simplify other requirements for trade waste brokers;
  • Remove the obsolete requirement that all written communications, advertisements, etc. must include licensee’s and registrant’s BIC-issued number;
  • Clearly state that license and registration renewal applications must be timely-filed;
  • Eliminate fees for Class 1 registrants that are not-for-profit corporations;
  • Require licensees to file a customer register on a quarterly basis;
  • Allow registrants the option to deliver insurance certificates to BIC in person, by regular mail, or by e-mail; and
  • Convert text throughout to plain language and use other plain language edits to make the text easier to read.

Working with the City’s rulemaking agencies, the Law Department, and OMB, the Office of Operations conducted a retrospective rules review of the City’s existing rules, identifying those rules that will be repealed or modified to reduce regulatory burdens, increase equity, support small businesses, and simplify and update content to help support public understanding and compliance. These proposed rule modifications were identified through this initiative.

Subject: 

Notice of Public Hearing and Opportunity to Comment on Proposed Rules

Location: 
100 Church St. 2nd Floor, conference room number 2-160A
New York, NY 10007
Contact: 

Salvador Arrona sarrona@bic.nyc.gov

Adopted Rules: Closed to Comments

Adopted Rules Content: 
NEW YORK CITY BUSINESS INTEGRITY COMMISSION

NOTICE OF ADOPTION OF FINAL RULE GOVERNING AUTHORITY TO PROCEED WITH AGENCY RULEMAKING
 

NOTICE IS HEREBY GIVEN in accordance with the requirements of section 1043 of the New York City Charter and exercising the authority vested in the Commission by sections l043(a) and 2l0l(b) of the New York City Charter that the New York City Business Integrity Commission ("BIC" or the "Commission") adopts the following rule governing Authority to Proceed with Agency Rulemaking. BIC published a Notice of Opportunity to Comment on the proposed rule in the City Record on July 7, 2016. On August 8, 2016, BIC held a public hearing on the proposed rule.

Statement of Basis and Purpose of Rule
 
Under section 2l0l of the New York City Charter, the chair of the Commission has charge of the organization of the Commission and has authority to employ, assign and superintend the duties of such officers and employees as may be necessary to carry out the Commission's regulatory duties.
 
Under this rule, the Commission would delegate authority to the chair to initiate the rulemaking process under the City Administrative Procedure Act. The Commission must still approve, by majority vote, any new rule before it is made final. This rule is necessary for BIC to continue to efficiently perform its regulatory duties.

BIC's authority for this rule is found in sections 1043(a) and 2101(b) of the New York City Charter.
 
New material is underlined.

Title 17 of the Rules of the City of New York is amended by adding a new chapter 3, to read as follows:
 
CHAPTER 3
 
RULEMAKING

§ 15-01 Proposed Rules
The chair may draft or direct to be drafted such proposed rules of the Commission as he or she may deem necessary to effectuate the provisions of section 2101 of the New York city charter and of title 16-A of the administrative code of the city of New York, and may provide for the publication and distribution of any such proposed rule and for a public hearing on any such proposed rule, all in accordance with the requirements of chapter 45 of the New York city charter. No rule of the Commission will be promulgated except by vote of a majority of the Commission, in accordance with section 1119 of the New York city charter.
Effective Date: 
Wed, 05/10/2017

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Final Rule

Under section 2101 of the New York City Charter, the Commission is authorized to regulate the trade waste industry and ensure businesses are able to operate in an honest and competitive environment free from the influences of organized crime and criminality.  BIC is also authorized under sections 16-504(b) and (i) and 16-519 of the Administrative Code to set by rule the maximum rates by weight and by volume that trade waste haulers can charge for the removal of putrescible and recyclable commercial waste. Rates were last adjusted in 2013.  

In accordance with section 16-519 of the Administrative Code, any change that BIC proposes to the maximum rates must be based upon a fair and reasonable return to the licensees who provide waste removal services to commercial establishments in New York City while also protecting those using these services from excessive or unreasonable charges.  To achieve this balance, BIC established an administrative procedure that provides more transparency, standardization and regularity in the rate-setting process.  Pursuant to 17 RCNY § 5-02(f), BIC held a hearing on October 30, 2015, relating to the maximum rates charged by a licensee for the collection, removal, disposal, or recycling of trade waste.  The hearing was attended by representatives of the trade waste industry and other interested parties, some of whom testified at the hearing and submitted written testimony.   

The Commission has carefully evaluated the evidence provided throughout the process including the oral statements made at the October 30, 2015 and March 21, 2016 hearings and the written statements provided both prior to and at those hearings.  Having reviewed the Producer Price Index, as well as the other factors enumerated in 17 RCNY § 5-02(g), BIC will increase the current maximum rate allowed to be charged by the trade waste haulers by 3.3%.  The new maximum rates are:

•$18.87 per cubic yard

•$12.38 per 100 pounds

 
Effective Date: 
Sat, 08/06/2016

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

Statement of Basis and Purpose of Rule

 


Businesses, also known as commercial establishments, in New York City are required to recycle in accordance with the Department of Sanitation’s (“DSNY”) commercial recycling rules creating following the passage of Local Law No. 87 of 1992, which amended §16-306 of the Administrative Code (“the Code”).  BIC regulates private carters who collect and dispose of putrescible (commonly referred to as “garbage”) and non-putrescible (commonly referred to as “recyclables”) waste from commercial establishments in New York City that must recycle designated recyclable materials, including paper, cardboard, metal, glass and plastic.

 

On February 5, 2016, DSNY published in the City Record the adopted rules, which revised the City’s current commercial recycling rules to simplify the requirements, which makes them more understandable for businesses and easier to follow. Prior to the adopted rules, certain types of businesses were required to recycle different materials than other types of businesses.  Under the new rules, eliminating the distinction between businesses types and applying the same rules for all businesses will facilitate greater recycling participation and make recycling easier for businesses. In addition, allowing single stream collection and recycling (when all designated recyclable metal, glass, plastic and paper are placed in the same bags or bins by a business) and co-collection of recyclables (when all designated recyclable metal, glass and plastic is source separated from designated paper by the business, but a private carter places the source separated materials into the same compartment of a waste hauling truck) will help make commercial recycling easier to manage and can significantly increase diversion of recyclables from landfills.

 

On December 18, 2015, DSNY published in the City Record adopted rules governing organic waste generated by commercial establishments.  Organic waste makes up approximately one-third of the waste generated by food-generating businesses in New York City. This material can be converted into soil enhancing compost or used as an energy source in aerobic and anaerobic digesters, but most of it is currently disposed of in landfills outside the City. Under Local Law 146 of 2013, codified in §16-306.1 of the Code, the Sanitation Commissioner must evaluate, at least annually beginning July 1, 2015, whether there exists sufficient regional organics waste processing capacity to require that certain food-generating businesses in the City, or a subset of them, arrange with their private carters to engage in alternative methods for handling organic waste separated by the businesses. Following site visits and surveys of active private organics waste processing facilities in the region and an evaluation of organic waste quantities generated by various food industry sectors in the city, DSNY identified that there is organics processing capacity available to a limited extent, and will require a subset of food-generating businesses in the city to separate their organic waste for collection and handling by their private carters.

 

As a result of the two adopted rules recently enacted by DSNY amending Chapter 1 of Title 16 of the Rules of the City of New York by adding a new Section 1-11 relating to the handling of organic waste generated by certain commercial establishments, and repealing and adding a new Section 1-10 of Chapter 1 of Title 16 of the Rules of the City of New York, relating to the recycling of private carter collected waste, BIC’s rules must reflect these changes.  Therefore, BIC is adopting rules detailing procedures that private carters must follow when they provide refuse, recycling and organic waste collection to the commercial establishments. 

Effective Date: 
Sat, 08/06/2016

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Monday, August 8, 2016
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

Under section 2101 of the New York City Charter, the chair of the Business Integrity Commission (“BIC”) has charge of the organization of the Commission and has authority to employ, assign and superintend the duties of such officers and employees as may be necessary to carry out the Commission’s regulatory duties.

Under this proposed rule, the Business Integrity Commission would delegate authority to the chair to initiate the rulemaking process under the City Administrative Procedure Act. The Business Integrity Commission must still approve, by majority vote, any new rule before it is made final. This proposed rule is necessary for the Business Integrity Commission to continue to efficiently perform its regulatory duties.

BIC’s authority for this rule is found in sections 1043(a) and 2101(b) of the New York City Charter.

Keywords:
Subject: 

Notice of Public Hearing and Opportunity to Comment on Proposed Rules

Location: 
100 Church Street 2nd Floor, conference room number 2-160B
New York, NY 10007
Contact: 

Salvador Arrona at sarrona@bic.nyc.gov

Proposed Rules: Closed to Comments (View Public Comments Received:2)

Agency:
Comment By: 
Friday, June 3, 2016
Proposed Rules Content: 

 

 

 

Statement of Basis and Purpose of Proposed Rule

 

Businesses, also known as commercial establishments, in New York City are required to recycle in accordance with the Department of Sanitation’s (“DSNY”) commercial recycling rules creating following the passage of Local Law No. 87 of 1992, which amended §16-306 of the Administrative Code (“the Code”).  BIC regulates private carters who collect and dispose of putrescible (commonly referred to as “garbage”) and non-putrescible (commonly referred to as “recyclables”) waste from commercial establishments in New York City that must recycle designated recyclable materials, including paper, cardboard, metal, glass and plastic.

 

On February 5, 2016, DSNY published in the City Record the adopted rules, which revised the City’s current commercial recycling rules to simplify the requirements, which makes them more understandable for businesses and easier to follow. Prior to the adopted rules, certain types of businesses were required to recycle different materials than other types of businesses.  Under the new rules, eliminating the distinction between businesses types and applying the same rules for all businesses will facilitate greater recycling participation and make recycling easier for businesses. In addition, allowing single stream collection and recycling (when all designated recyclable metal, glass, plastic and paper are placed in the same bags or bins by a business) and co-collection of recyclables (when all designated recyclable metal, glass and plastic is source separated from designated paper by the business, but a private carter places the source separated materials into the same compartment of a waste hauling truck) will help make commercial recycling easier to manage and can significantly increase diversion of recyclables from landfills.

 

On December 18, 2015, DSNY published in the City Record adopted rules governing organic waste generated by commercial establishments.  Organic waste makes up approximately one-third of the waste generated by food-generating businesses in New York City. This material can be converted into soil enhancing compost or used as an energy source in aerobic and anaerobic digesters, but most of it is currently disposed of in landfills outside the City. Under Local Law 146 of 2013, codified in §16-306.1 of the Code, the Sanitation Commissioner must evaluate, at least annually beginning July 1, 2015, whether there exists sufficient regional organics waste processing capacity to require that certain food-generating businesses in the City, or a sub-set of them, arrange with their private carters to engage in alternative methods for handling organic waste separated by the businesses. Following site visits and surveys of active private organics waste processing facilities in the region and an evaluation of organic waste quantities generated by various food industry sectors in the city, DSNY identified that there is organics processing capacity available to a limited extent, and will require a subset of food-generating businesses in the city to separate their organic waste for collection and handling by their private carters.

 

As a result of the two adopted rules recently enacted by DSNY amending Chapter 1 of Title 16 of the Rules of the City of New York by adding a new Section 1-11 relating to the handling of organic waste generated by certain commercial establishments, and repealing and adding a new Section 1-10 of Chapter 1 of Title 16 of the Rules of the City of New York, relating to the recycling of private carter collected waste, BIC’s rules must reflect these changes.  Therefore, BIC is proposing rules detailing procedures that private carters must follow when they provide refuse, recycling and organic waste collection to the commercial establishments.

 

Subject: 

Notice of Public Hearing and Opportunity to Comment on Proposed Rules

Location: 
100 Church Street 2nd Floor, conference room number 2-160A
New York, NY 10007
Contact: 

Salvador Arrona sarrona@bic.nyc.gov

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Monday, March 21, 2016
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

 

 Under section 2101 of the New York City Charter, the Commission is authorized to regulate the trade waste industry and ensure businesses are able to operate in an honest and competitive environment free from the influences of organized crime and criminality.  BIC is also authorized under sections 16-504(b) and (i) and 16-519 of the Administrative Code to set by rule the maximum rates by weight and by volume that trade waste haulers can charge for the removal of putrescible and recyclable commercial waste. Rates were last adjusted in 2013. 

 In accordance with section 16-519 of the Administrative Code, any change that BIC proposes to the maximum rates must be based upon a fair and reasonable return to the licensees who provide waste removal services to commercial establishments in New York City while also protecting those using these services from excessive or unreasonable charges.    To achieve this balance, BIC established an administrative procedure that provides more transparency, standardization and regularity in the rate-setting process.  Pursuant to Title 17, Chapter 1, § 5-02 (f) of the New York City Rules and Regulations (“NYCRR”), BIC held a hearing on October 30, 2015, relating to the maximum rates charged by a licensee for the collection, removal, disposal, or recycling of trade waste.  The hearing was attended by representatives of the trade waste industry and other interested parties, some of whom testified at the hearing and submitted written testimony.  

 The Commission has carefully evaluated the evidence provided throughout the process including the oral statements made at the October 30, 2015 hearing and the written statements provided both prior to and after the hearing.  Having reviewed the Producer Price Index as well as the other factors enumerated in NYCRR Title 17, Chapter 1, § 5-02(g), BIC proposes an increase to the current maximum rate allowed to be charged by the trade waste haulers of 3.3%.  This increase would result in maximum rates of:

  •  $18.87 per cubic yard
  • $12.38 per 100 pounds

 “Shall” and “must” denote mandatory requirements and may be used interchangeably in the text below, unless otherwise specified or unless the context clearly indicates otherwise.

 New text is underlined; deleted text is in [ ] brackets.

 Section 1. Subdivision (a) of section 5-02 of subchapter E of Chapter 1 of Title 17 of the Rules of the City of New York is amended to read as follows:

 (a) A trade waste removal business shall not demand, charge, exact, or accept rates for the collection, removal, disposal, or recycling of trade waste greater than the following maximum rates:

(1) [$18.27] $18.87 per cubic yard.

(2) [$11.98] $12.38 per 100 pounds.

(3) Exempt Waste. This subdivision shall not apply to the removal of construction and demolition debris, infectious medical waste, covered electronic equipment as defined in § 421 of chapter 16 of the Code, waste from grease interceptors as defined in § 19-119(a) of title 15 of the Rules of the City of New York and paper that is collected for the purpose of shredding or destruction by the licensee.

 

Subject: 

BIC Amendment of Maximum Rates for Trade Waste Removal

Location: 
100 Church Street 2nd Floor, conference room number 2-160C
New York, NY 10007

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Friday, January 17, 2014
Proposed Rules Content: 

 

Statement of Basis and Purpose of Proposed Rule

Under section 2101 of the New York City Charter, the Business Integrity Commission (“BIC”) is authorized to investigate, license and regulate the trade waste industry. To ensure that trade waste businesses operate free from organized crime and corruption, BIC conducts investigations of certain employees and prospective employees of trade waste license applicants and trade waste licensees.

These proposed rule amendments would raise the fees associated with the investigation of employees or agents and prospective employees or agents of an applicant for a trade waste license or a trade waste licensee and who are required to submit fingerprints and disclosure to the Commission. These investigation fees are part of the licensing process, and have not been changed since the Commission’s inception in 1996. The amended fees would satisfy the Commission’s statutory mandate to recoup all costs associated with licensing through imposed fees.

Pursuant to Charter section 1043(d)(4)(iii), the proposed rule amendments are exempt from the requirements of Local Law 46 of 2010 because the rule amendments are solely concerned with the modification of the amount of a fee or fees.

 

Subject: 

Opportunity to comment on the proposed amendement by the Business Integrity Commission of rules relating to employee disclosure.

Location: 
New York City Business Integrity Commission
100 Church Street 20th Floor, Conference Room 1
New York, NY 10007
Contact: 

David Mandell
Deputy General Counsel for Regulatory Enforcement
dmandell@bic.nyc.gov
(212) 676-6296

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

 

Statement of Basis and Purpose of Final Rule

 

 

Under section §2101 of the New York City Charter, the Business Integrity Commission (BIC) is authorized to regulate the trade waste industry and ensure businesses are able to operate in an honest and competitive environment free from the influences of organized crime and criminality. BIC has the authority pursuant to §§ 16-504(b) and (i) and § 16-519 of the Administrative Code to set by rule the maximum rates by weight and by volume that trade waste haulers can charge for the removal of putrescible and recyclable commercial waste.

 

 

In accordance with § 16-519 of the Administrative Code, these rule amendments are designed to ensure that licensed trade waste haulers subject to rate-setting by BIC are able to collect a fair and reasonable return to licensees for waste removal services provided to commercial establishments in New York City, while protecting those using these services from excessive or unreasonable charges. Rates were last adjusted in 2008. The rate change reflects an increase of approximately 15% over current rates and is based on an analysis of costs and revenues, and of inflation in the regulated portion of the industry.

 

Specifically, the amendments will require trade waste businesses to set rates at or below the following values:

 

·         $18.27 per cubic yard

·         $11.98 per 100 lbs

 

 

In addition, these rule amendments establish an administrative procedure to provide greater transparency, standardization and regularity in the rate-setting process, which does not currently exist and is of benefit to the regulated industry, their customers and BIC. BIC will now conduct a formal review every odd year to ensure that rates are in line with changes and trends in the market. As rates are set also to preserve and protect the interests of commercial establishments, the proposed amendments will place the burden on haulers to demonstrate why the current rates should be changed.

 

 

Effective Date: 
Thu, 11/28/2013

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Monday, September 30, 2013
Proposed Rules Content: 

 

 

Statement of Basis and Purpose of Proposed Rule

 

 

Under section §2101 of the New York City Charter, the Business Integrity Commission (BIC) is authorized to regulate the trade waste industry and ensure businesses are able to operate in an honest and competitive environment free from the influences of organized crime and criminality. BIC has the authority pursuant to §§ 16-504(b) and (i) and § 16-519 of the Administrative Code to set by rule the maximum rates by weight and by volume that trade waste haulers can charge for the removal of putrescible and recyclable commercial waste.

 

 

In accordance with § 16-519 of the Administrative Code, these proposed rule amendments are designed to ensure that licensed trade waste haulers subject to rate-setting by BIC are able to collect a fair and reasonable return to licensees for waste removal services provided to commercial establishments in New York City, while protecting those using these services from excessive or unreasonable charges. Rates were last adjusted in 2008. The proposed increase reflects a 15% increase over current rates and is based on an analysis of costs and revenues, and of inflation in the regulated portion of the industry.

 

Specifically, the proposed amendments will require trade waste businesses to set rates at or below the following values:

 

       $18.97 per cubic yard

       $11.89 per 100 lbs

 

 

In addition, these rule amendments establish an administrative procedure to provide greater transparency, standardization and regularity in the rate-setting process, which does not currently exist and is of benefit to the regulated industry, their customers and BIC. BIC will now conduct a formal review every odd year to ensure that rates are in line with changes and trends in the market. As rates are set also to preserve and protect the interests of commercial establishments, the proposed amendments will place the burden on haulers to demonstrate why the current rates should be changed.

 

 

Subject: 

Opportunity to comment on the proposed amendment by the Business Integrity Commission of rules relating to rate-setting.

Location: 
New York City Business Integrity Commission
100 Church Street, 20th Floor, Conference Room 1
New York, NY 10007
Contact: 

Jayant Kairam
Chief Operating Officer
jkairam@bic.nyc.gov
(212) 676-1881

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