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Proposed Rules: Open to Comments

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Agency:
Comment By: 
Tuesday, October 31, 2017
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

 

Food scraps and other organic waste make up more than one-third of all commercial waste in New York City. Diverting this material from landfills to use for soil enhancing compost, or as an energy source in aerobic and anaerobic digesters, is a key component of the City’s goal of sending zero waste to landfills by the year 2030. 

 

Under Local Law 146 of 2013, codified in §16-306.1 of the New York City Administrative Code, the Sanitation Commissioner must evaluate, at least annually, whether there exists sufficient regional organics waste processing capacity to require that certain food-generating businesses in the City, or a subset of them, must engage in alternative methods for handling organic waste separated by the businesses. 

 

DSNY determined that there is currently sufficient organics processing capacity available to allow for an increase in food waste diversion, and will expand the existing requirement to additional large food-generating businesses in the city. These businesses will be required to separate their organic waste for collection and handling by their private carters, transport organic waste themselves, or manage it on-site using in-vessel composting or aerobic or anaerobic digestion systems (subject to compliance with the City’s sewer discharge regulations).  A designated covered establishment may also donate food that would otherwise be thrown away to a third party, such as a charity, sell or donate the food to a farmer for feedstock, or sell or donate meat by-products to a rendering company, which converts animal fats into lard.  Food disposed of through such donations or sales is not within the meaning of “organic waste” under these proposed rules.

 

The proposed rule provides that the following types of establishments will be “designated covered establishments” and must comply with the source separation, storage, labelling and set out requirements for organic waste set forth under Section 1-11 of Title 16 of the Rules of the City of New York:

 

1)  a food service establishment that has a floor area space of at least seven thousand square feet;

 

2)  a food service establishment that is part of a chain of fifty or more locations in the city of New York and that (i) operate under common ownership or control; (ii) are individually franchised outlets of a parent business; or (iii) do business under the same corporate name; and

 

3)  a retail food store that has a floor area space of at least ten thousand square feet, or any retail food store that is part of a chain of three or more retail food stores that have a combined floor area space of at least ten thousand square feet and that operate under common ownership or control and receive waste collection from the same private carter.

 

The proposed rules allows for waivers from the requirements under certain circumstances.

 

The proposed rule also clarifies the term “floor area” of an establishment to have the same meaning as defined by the New York City Department of City Planning under Section 12-10 of Chapter 2 of Article 1 of the Zoning Resolution, which is the sum of the gross areas of the several floors of a building or buildings, measured from the exterior faces of exterior walls or from the center lines of walls separating two buildings.

 

The proposed rule also amends the registration requirements for designated covered establishments that provide for a beneficial organic waste use on-site at their premises for some or all of the organic waste they generate. Such designated covered establishments would now have to renew annually their registration of any on-site organic waste processing equipment.

 

Additionally, the term “sign”, as used in the rule, is clarified to include a decal provided to a designated covered establishment by the private carter that collects organic waste from such covered establishment, or a decal issued by the Department of Sanitation when the designated covered establishment manages organic waste on site at its premises.  The area where employees undertake food preparation is also amended to read “employee work area”, but this area does not include break rooms or other areas where employees do not prepare food to be offered for sale by the establishment.      

 

DSNY’s authority for these rules is found in sections 753and 1043of the New York City Charter, and sections 16-306.1 of the New York City Administrative Code.

 

 

Subject: 

DSNY Proposed Rule Relating to the Expansion of Organic Waste Source Separation Requirements for Large Commercial Food Retailers and Food Service Establishments

Location: 
125 Worth Street, 2nd Floor Auditorium
125 Worth Street 2nd Floor Auditorium
New York, NY 10013
Contact: 

(646) 885-5006

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Rule

Real Property Tax Law §421-a provides real property tax exemptions for eligible, new multiple dwellings. HPD determines eligibility for §421-a real property tax exemptions.  HPD is amending Chapter 6 of Title 28 of the Rules of the City of New York (the "421-a Rules") to clarify a grandfathering provision that was added to the rules after major programmatic changes were enacted by State and local legislatures between December 2006 and February 2008.

Deadline for Exemption from Affordability Requirements and the AV Cap

  • Under the 421-a Program, developers apply to HPD for certificates of eligibility to receive the tax exemption.  A Preliminary Certificate of Eligibility entitles a project to a real property tax exemption for up to three years of construction, and a Final Certificate of Eligibility entitles a project to post-completion exemption benefits, which last between 10-25 years and are phased out over the benefit period. 
  • The §421-a Program includes a Geographic Exclusion Area, which is a residential zone in the City established by State and local laws.  In the Geographic Exclusion Area, §421-a benefits are not as-of-right and projects must meet certain affordability requirements to receive a §421-a tax exemption ("Affordability Requirements").
  • If projects in the Geographic Exclusion Area provide affordable units offsite instead of onsite, they may only receive §421-a benefits for a portion of the project’s billable exempt assessed value ("AV Cap"), depending upon when the project commenced and completed construction and the date of the written agreement for the construction of offsite affordable units.  If the AV Cap applies, a portion of the project’s assessed value is fully taxable.
  • The Geographic Exclusion Area was expanded by State and local laws between December 2006 and February 2008.  However, these laws included an exemption for projects that commenced construction prior to July 1, 2008.  Projects that were formerly outside the Geographic Exclusion Area and which commenced construction prior to July 1, 2008 would not have to meet the Affordability Requirements. 
  • The rules implementing these legislative changes defined commencement of construction as the later of:

(a) the date of issuance of a building or alteration permit based upon Department of Buildings (DOB)-approved architectural and structural plans, or,

(b) the date upon which a new metal or concrete structure to be incorporated into the multiple dwelling that shall perform a load bearing function for such multiple dwelling is installed.

  • The rules also addressed the effect of any future upzoning of properties within the new Geographic Exclusion Area.  The rules provided that the commencement date for a project located on property that was later upzoned would only be altered if the architectural and structural plans initially approved by DOB were amended to provide for more than a 35% increase in the multiple dwelling’s floor area ("35% standard"). 
  • HPD intended for the 35% standard to apply to (1) projects that were outside the Geographic Exclusion Area before the applicable deadline, but in the Geographic Exclusion Area after the applicable deadline; and (2) projects that would not have been subject to the AV Cap before the applicable deadline, but would have been subject to the AV Cap after the applicable deadline.
  • The proposed rule amendments reflect HPD’s original intention for the 35% standard: The 35% standard will only apply to projects that were affected by the change in the Geographic Exclusion Area in relation to the Affordability Requirements or the AV Cap. 
  • The proposed rule amendments also incorporate the definition of floor area contained in Zoning Resolution §12-10, which should govern the measured building expansion. 
Effective Date: 
Thu, 03/26/2015

Proposed Rules: Closed to Comments (View Public Comments Received:1)

Agency:
Comment By: 
Monday, January 12, 2015
Proposed Rules Content: 

Real Property Tax Law §421-a provides real property tax exemptions for eligible, new multiple dwellings. HPD determines eligibility for §421-a real property tax exemptions. HPD is proposing amendments to Chapter 6 of Title 28 of the Rules of the City of New York (the "421-a Rules") to clarify a grandfathering provision that was added to the rules after major programmatic changes were enacted by State and local legislatures between December 2006 and February 2008.

Deadline for Exemption from Affordability Requirements and the AV Cap

• Under the 421-a Program, developers apply to HPD for certificates of eligibility to receive the tax exemption. A Preliminary Certificate of Eligibility entitles a project to a real property tax exemption for up to three years of construction, and a Final Certificate of Eligibility entitles a project to post-completion exemption benefits, which last between 10-25 years and are phased out over the benefit period.
• The §421-a Program includes a Geographic Exclusion Area, which is a residential zone in the City established by State and local laws. In the Geographic Exclusion Area, §421-a benefits are not as-of-right and projects must meet certain affordability requirements to receive a §421-a tax exemption ("Affordability Requirements").
• If projects in the Geographic Exclusion Area provide affordable units offsite instead of onsite, they may only receive §421-a benefits for a portion of the project’s billable exempt assessed value ("AV Cap"), depending upon when the project commenced and completed construction and the date of the written agreement for the construction of offsite affordable units. If the AV Cap applies, a portion of the project’s assessed value is fully taxable.
• The Geographic Exclusion Area was expanded by State and local laws between December 2006 and February 2008. However, these laws included an exemption for projects that commenced construction prior to July 1, 2008. Projects that were formerly outside the Geographic Exclusion Area and which commenced construction prior to July 1, 2008 would not have to meet the Affordability Requirements.
• The rules implementing these legislative changes defined commencement of construction as the later of:
(a) the date of issuance of a building or alteration permit based upon Department of Buildings (DOB)-approved architectural and structural plans, or,
(b) the date upon which a new metal or concrete structure to be incorporated into the multiple dwelling that shall perform a load bearing function for such multiple dwelling is installed.
• The rules also addressed the effect of any future upzoning of properties within the new Geographic Exclusion Area. The rules provided that the commencement date for a project located on property that was later upzoned would only be altered if the architectural and structural plans initially approved by DOB were amended to provide for more than a 35% increase in the multiple dwelling’s floor area ("35% standard").
• HPD intended for the 35% standard to apply to (1) projects that were outside the Geographic Exclusion Area before the applicable deadline, but in the Geographic Exclusion Area after the applicable deadline; and (2) projects that would not have been subject to the AV Cap before the applicable deadline, but would have been subject to the AV Cap after the applicable deadline.
• The proposed rule amendments reflect HPD’s original intention for the 35% standard: The 35% standard will only apply to projects that were affected by the change in the Geographic Exclusion Area in relation to the Affordability Requirements or the AV Cap.
• The proposed rule amendments also incorporate the definition of floor area contained in Zoning Resolution §12-10, which should govern the measured building expansion.

Subject: 

.Proposed RPTL Section 421-a Rule Amendments

Location: 
HPD
100 Gold Street 9th Floor Room 9P-10
New York, NY 10038
Contact: 

No contact

Download Copy of Proposed Rule (.pdf):