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Proposed Rules: Open to Comments

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Agency:
Comment By: 
Monday, January 27, 2020
Proposed Rules Content: 

NEW YORK CITY BUSINESS INTEGRITY COMMISSION

 

Notice of Public Hearing and Opportunity to Comment on Proposed Rules

 

What are we proposing? The New York City Business Integrity Commission (the “Commission” or “BIC”) is proposing to amend Title 17 of the Rules of the City of New York in order to require that heavy duty trade waste vehicles that have a pre-2007 engine and utilize “best available retrofit technology” obtain a decal labeling the vehicle as compliant with § 24-163.11(b) of the Administrative Code. BIC is also proposing to amend Title 17 of the Rules of the City of New York to clarify that BIC will not issue license plates to vehicles that are not compliant with § 24-163.11(b) of the Administrative Code.

 

When and where is the hearing? BIC will hold a public hearing on the proposed rule.  The public hearing will take place from 10:00 a.m. to 11:00 a.m. on January 27, 2020.  The hearing will be on the 20th Floor at 100 Church Street, New York, New York, 10007.  This location has the following accessibility option available: Wheelchair Accessible.

 

How do I comment on the proposed rules? Anyone can comment on the proposed rules by:

 

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Website.You can submit comments to BIC through the NYC rules website at

http://rules.cityofnewyork.us.

 

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E-mail.You can e-mail written comments to sarrona@bic.nyc.gov.

 

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Mail.You can mail written comments to Business Integrity Commission, 100 Church Street, 20th Floor, New York, NY 10007.

 

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Fax.You can fax written comments to BIC at (646) 500-7113.

 

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By speaking at the hearing.Anyone who wants to comment on the proposed rule at

the public hearing must sign up to speak.  You can sign up before the hearing by calling (212) 437-0523.  You can also sign up in the hearing room before the hearing begins on January 27, 2020.  You can speak for up to three minutes.

 

Is there a deadline to submit written comments?Yes, you must submit written comments by January 27, 2020.

 

What if I need assistance to participate in the hearing?You must contact the Business Integrity Commission if you need a reasonable accommodation of a disability at the hearing. You must tell us if you need a sign language interpreter.  You can tell us by mail at 100 Church Street, 20th Floor, New York, NY 10007. You may also tell us by telephone at 212-437-0523 or e-mail at sarrona@bic.nyc.gov.  Advance notice is requested to allow sufficient time to arrange the accommodation.  Please tell us by January 20, 2020.

 

This location has the following accessibility option available: Wheelchair Accessible.

 

Can I review the comments made on the proposed rules? You can review the comments made online on the proposed rules by going to the website at http://rules.cityofnewyork.us.  A few days after the hearing, a transcript of the hearing and copies of the written comments will be available to the public at BIC’s offices. 

 

What authorizes BIC to make this rule?Sections1043(a)and2101(b) oftheCity Charter and 24-163.11(d)(5) of the New York City Administrative Code authorize BIC to make these proposed rules. 

 

Where can I find BIC’s rules?BIC’s rules are in Title 17 of the Rules of the City of New York.

 

What laws govern the rulemaking process?BIC must meet the requirements of section 1043 of the City Charter when creating or changing rules.  This notice is made according to the requirements of section 1043 of the City Charter.

 


 

Statement of Basis and Purpose of Proposed Rule

Undersection2101oftheNewYorkCity Charter,the Business Integrity Commission (BIC) is authorizedtoregulatethetradewasteindustry and, among other things,ensure that businessesareabletooperateinan honestandcompetitive environment,free fromthe influencesof organizedcrime andcriminality.  Among other things, Local Law 145 of 2013 gave the Commission the authority to promulgate rules necessary to enforce the provisions of § 24-163.11 of the Administrative Code.

 

Local Law 145 of 2013, which added § 24-163.11 to the Administrative Code, requires that every heavy duty trade waste hauling vehicle that is owned or operated by an entity required to be licensed or registered by the Commission and operating in New York City be equipped with either (1) an EPA certified 2007 (or later) engine or (2) utilize “Best Available Retrofit Technology,” as defined by the New York City Department of Environmental Protection before January 1, 2020.  Under § 24-163.11(d)(5) of the Administrative Code, the Commission may set by rule the criteria for establishing procedures for owners and operators of heavy duty trade waste hauling vehicles to demonstrate compliance with the engine requirement.

 

The proposed rules require an owner or operator of a heavy trade waste hauling vehicle that has a pre-2007 engine and utilizes “best available retrofit technology” as defined in § 24-163.11(b) of the Administrative Code to obtain from the New York City Department of Environmental Protection a decal labeling the vehicle as compliant with Local Law 145 of 2013, and to place the decal on the driver’s or passenger’s door of the vehicle cab.  Additionally, the Commission proposes changes to the penalty section of its rules.

 

The other proposed rule change clarifies that BIC will not issue license plates to vehicles that do not comply with the requirements set forth in § 24-163.11 of the Administrative Code. 

 

BIC’s authority for these rules is found in sections 1043(a) and 2101(b) of the New York City Charter and section 24-163.11(d)(5) of the New York City Administrative Code.

 

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

§ 1.  Subdivisions (d) and (e) of Section 1-04 of Subchapter A of Chapter 1 of Title 17 of the Rules of the City of New York are relettered subdivisions (e) and (f) and a new Subdivision (d) is added to read as follows:

 

§ 1-04 Penalties

 

(d) Specific Penalties. If there are specific penalties for violating a Rule, such penalties are shown at the end of the Rule and must be applied.

 

§ 2.  Subdivision (a) of Section 5-10 of Subchapter E of Chapter 1 of Title 17 of the Rules of the City of New York is amended to read as follows:

 

§ 5-10. License Plates and Vehicle Markings

 

(a) Upon issuance of a license, the Commission shall issue to the licensee two (2) license plates for each vehicle that will transport trade waste pursuant to such license and for which a fee has been paid, pursuant to 17 RCNY § 2-07. [Such] Beginning on January 1, 2020, the Commission will not issue license plates for any vehicle that does not comply with the requirements set forth in § 24-163.11(b) of the Administrative Code. License plates issued by the Commission must at all times be affixed as prescribed by the Commission to a visible and conspicuous part of each such vehicle.  A licensee must not permit a vehicle to be used in the course of collecting, removing, or disposing of waste that has not been identified and covered by the license and for which a fee has not been paid.  A license plate issued by the Commission for such a covered and identified vehicle must not be transferred to any other vehicle.  Upon the sale or dissolution of the business of a licensee, or upon the suspension, revocation, or expiration of a Commission-issued license, such plates must be immediately surrendered to the Commission.  All license plates issued by the Commission are the property of the Commission, and the Commission reserves the right to reclaim such plates at any time.

§ 3.  Subdivision (a) of Section 7-03 of Subchapter G of Chapter 1 of Title 17 of the Rules of the City of New York is amended to read as follows:

 

§ 7-03. License Plates

 

(a) Upon issuance of a registration, the Commission shall issue to a registrant who removes trade waste generated in the course of operation of his or her business and to a registrant exempt from the licensing requirements of this chapter two (2) license plates for each vehicle that will transport trade waste pursuant to such registration and for which a fee has been paid, pursuant to 17 RCNY § 2-07.  Beginning on January 1, 2020, the Commission will not issue license plates for any vehicle that does not comply with the requirements set forth in § 24-163.11(b) of the Administrative Code.  A registrant shall not permit a vehicle to be used in the course of collecting, removing, or disposing of waste that has not been identified and covered by the license and for which a fee has not been paid. A license plate issued by the Commission for such a covered and identified vehicle must not be transferred to any other vehicle. Upon the sale or dissolution of the business of a registrant, or upon the suspension, revocation, or expiration of a Commission-issued license, such plates must be immediately surrendered to the Commission. All license plates issued by the Commission are the property of the Commission, and the Commission reserves the right to reclaim such plates at any time. Notwithstanding any other provision of this chapter, the penalty for violation for this section shall not exceed five thousand dollars ($5,000) for each such violation.

§ 4.  Subchapter E of Chapter 1 of Title 17 of the Rules of the City of New York is amended by adding Section 5-13 as follows:

 

§ 5-13. Heavy Duty Trade Waste Vehicle Decal Requirement For Licensees.

 

(a) Every licensee that owns or operates a heavy duty trade waste hauling vehicle that has a pre-2007 engine and utilizes “best available retrofit technology” or “BART” as defined in § 24-163.11(a) of the Administrative Code shall notify the New York City Department of Environmental Protection (DEP) of the best available retrofit technology installation by completing a Trade Waste Compliance Reporting form.  If DEP approves the best available retrofit technology, DEP will issue a decal to the licensee for each vehicle that has a pre-2007 engine and utilizes BART.

 

(b) A valid DEP decal must at all times be affixed to a visible part of the driver’s or passenger’s side door of the vehicle cab.

 

Code/Rule Section

Description

Penalty

§ 5-13

Failure to have proper decal displayed.

Maximum penalty of $200.

 

Licensees must obtain a decal from the Department of Environmental Protection (DEP) and affix it to the vehicle within two weeks of receiving the summons in order to mitigate the penalty to zero.

 

 

§ 5.  Subchapter G of Chapter 1 of Title 17 of the Rules of the City of New York is amended by adding Section 7-07 as follows:

 

§ 7-07. Heavy Duty Trade Waste Vehicle Decal Requirement For Registrants.

 

(a) Every registrant that owns or operates a heavy duty trade waste hauling vehicle that has a pre-2007 engine and utilizes “best available retrofit technology” or “BART” as defined in § 24-163.11(a) of the Administrative Code shall notify the New York City Department of Environmental Protection (DEP) of the best available retrofit technology installation by completing a Trade Waste Compliance Reporting form.  If DEP approves the best available retrofit technology, DEP will issue a decal to the registrant for each vehicle that has a pre-2007 engine and utilizes BART.

 

(b) A valid DEP decal must at all times be affixed to a visible part of the driver’s or passenger’s side door of the vehicle cab.

 

Code/Rule Section

Description

Penalty

§ 7-07

Failure to have proper decal displayed.

Maximum penalty of $200.

 

Registrants must obtain a decal from the Department of Environmental Protection (DEP) and affix it to the vehicle within two weeks of receiving the summons to comply with the Rule in order to mitigate the penalty to zero.

Subject: 

Notice of Public Hearing Regarding Amendment of Rules Governing Heavy Duty Trade Waste Hauling Vehicles

Location: 
Business Integrity Commission
100 Church St, 20th Fl
New York, NY 10007
Contact: 

Contact Salvador Arrona at 212-437-0523 or e-mail at sarrona@bic.nyc.gov

Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 

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 1043(a) and 2101(b) of the New York City Charter that the New York City Business Integrity Commission (“BIC” or the “Commission”) adopts the following rule governing Financial Hardship Waivers from Vehicle Emission Compliance. BIC published a Notice of Opportunity to Comment on the proposed rule in the City Record on May 21, 2018. On June 20, 2018, BIC held a public hearing on the proposed rule.

Effective Date: 
Fri, 11/16/2018

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose

Local Law Number 38 for the year 2015 amends Title 24 of the Administrative Code of the City of New York by adding a new Section 24-149.5, which provides that cook stoves used at food service establishments shall be equipped with an emission control device for odors, smoke and particulates that meets the requirements of rules established by the department.

DEP promulgates these rules, as required by Section 24-149.5, with the goal of reducing particulate matter released into the environment, which is a known cause of asthma and other respiratory complications. In accordance with Section 24-105 of the Administrative Code, an advisory committee has been consulted in the development of these rules, which includes representatives from the restaurant and related industries, representatives of the environmental protection and environmental justice communities, and persons with expertise in the health effects of pollutants associated with cooking devices.

Newly installed cook stoves must comply with this rule as soon as it takes effect. Existing cook stoves (those installed before May 6, 2016) do not have to install emission control devices until January 1, 2020.

This rulemaking sets forth DEP’s determination as to emission controls that must be used to comply with section 24-149.5.

Consistent with the above, DEP promulgates the following new Rule, to be found at 15 RCNY Chapter 38.

The Rule is authorized by Section 1043 of the Charter of the City of New York and section 24-105 and 24-149.5 of the Administrative Code.

Effective Date: 
Wed, 05/24/2017

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Wednesday, April 12, 2017
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

Local Law Number 38 for the year 2015 amends Title 24 of the Administrative Code of the City of New York by adding a new Section 24-149.5, which provides that cook stoves used at food service establishments shall be equipped with an emission control device for odors, smoke and particulates that meets the requirements of rules established by the department.

DEP is proposing these rules, as required by Section 24-149.5, with the goal of reducing particulate matter released into the environment, which is a known cause of asthma and other respiratory complications. In accordance with Section 24-105 of the Administrative Code, an advisory committee has been consulted in the development of these rules, which includes representatives from the restaurant and related industries, representatives of the environmental protection and environmental justice communities, and persons with expertise in the health effects of pollutants associated with cooking devices.

Newly installed cook stoves must comply with this rule as soon as it takes effect. Existing cook stoves (those installed before May 6, 2015) do not have to install emission control devices until January 1, 2020.

This rulemaking sets forth DEP’s determination as to emission controls that must be used to comply with section 24-149.5.

Consistent with the above, DEP promulgates the following new Rule, to be found at 15 RCNY Chapter 38.

The Rule is authorized by Section 1043 of the Charter of the City of New York and section 24-105 and 24-149.5 of the Administrative Code.

Subject: 

Control Devices for Reducing Emissions from Cook Stoves at Food Service Establishments

Location: 
DEP 11th Floor Conference Room
59-17 Junction Blvd. 11 Floor
Flushing, NY 11373
Contact: 

No contact

Download Copy of Proposed Rule (.pdf):