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Proposed Rules: Closed to Comments

Agency:
Comment By: 
Monday, April 9, 2018
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 2016.

In accordance with section 16-519 of the Administrative Code, any change that BIC proposes to the maximum rates must be based on 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 greater transparency, standardization and regularity in the rate-setting process. Pursuant to Title 17, Chapter 1, § 5-02(f) of the Rules of the City of New York (“RCNY”), BIC held a hearing on October 18, 2017, 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 18, 2017 hearing and the written statements provided both prior to and after the hearing. In accordance with the process outlined in RCNY Title 17, Chapter 1, § 5-02(g), BIC has reviewed the Producer Price Index, as published by the United States Department of Labor Bureau of Labor Statistics, and other relevant factors affecting the trade waste industry and its customers, including but not limited to data contained in financial statements that licensees are required to file with BIC, as well as certain data regarding increases in operating and capital costs provided to BIC by members of the trade waste industry. As a result of its analysis, BIC proposes to increase by 5.6% the current maximum rates that trade waste haulers can charge. This increase would result in maximum rates of:

• $19.93 per cubic yard
• $13.07 per 100 pounds

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

Subject: 

.

Location: 
100 Church St. 2nd Floor, Conference Room 2-160A
New York, NY 10007
Contact: 

Salvador Arrona - sarrona@bic.nyc.gov

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