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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

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

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

 

Statement of Basis and Purpose

 

Local Law 59 of 2012 amended sections 20-254 and 20-260 of subchapter nine of chapter two of Title 20 of the Administrative Code of the City of New York to modify the information concerning rates on signs that must be posted on a pedicab when it is available for transporting a passenger for a fare, to require a pedicab driver to provide a completed Pedicab Information Card to each passenger paying a fare, and to require that fares charged for pedicab rides be determined according to the time of the ride. Sections 20-104(b) and 20-265(a) of the Administrative Code of the City of New York grant the Commissioner authority to promulgate rules and require forms necessary to carry out the provisions of subchapter nine of chapter two of Title 20 of the Administrative Code.

 

Section 1 amends section 2-415 of subchapter GG of chapter 2 of Title 6 of the Rules of the City of New York to define the terms “clear view of passengers.”

 

Section 2 amends section 2-425 of subchapter GG of chapter 2 of Title 6 of the Rules of the City of New York to describe the requirements for the signage that must be posted on both exterior sides of a pedicab and on the rear of the pedicab bicycle seat pursuant to paragraph 14 of subdivision a of section 20-254 of the Administrative Code.

 

Section 3 adds a new section 2-429 to subchapter GG of chapter 2 of Title 6 of the Rules of the City of New York to describe the requirements for the Pedicab Information Card that must be provided to passengers in accordance with paragraph 3 of subdivision c of section 20-260 of the Administrative Code. The rule also requires that a pedicab driver keep sufficient quantities of the Department’s Pedicab Information Card in the pedicab to ensure that it can distribute a card to each paying customer.

 

Section 4 adds a new section 2-430 to subchapter GG of chapter 2 of Title 6 of the Rules of the City of New York to describe the requirements of the timing device a pedicab driver must use for the purpose of calculating a fare for a ride.

 

 

Effective Date: 
Fri, 07/12/2013

Adopted Rules: Closed to Comments

Adopted Rules Content: 



 Click here (.pdf) for the complete text of the adopted rule.



Effective Date: 
Fri, 03/09/2012

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Tuesday, May 28, 2013
Proposed Rules Content: 

 

 

Statement of Basis and Purpose of Proposed Rule

 

Local Law 59 of 2012 amended sections 20-254 and 20-260 of subchapter nine of chapter two of Title 20 of the Administrative Code of the City of New York to modify the information concerning rates on signs that must be posted on a pedicab when it is available for transporting a passenger for a fare, to require a pedicab driver to provide a completed Pedicab Information Card to each passenger paying a fare, and to require that fares charged for pedicab rides be determined according to the time of the ride. Sections 20-104(b) and 20-265(a) of the Administrative Code of the City of New York grant the Commissioner authority to promulgate rules and require forms necessary to carry out the provisions of subchapter nine of chapter two of Title 20 of the Administrative Code.

 

Section 1 amends section 2-415 of subchapter GG of chapter 2 of Title 6 of the Rules of the City of New York to define the terms “clear view of passengers” and “exterior panels”.

 

Section 2 amends section 2-425 of subchapter GG of chapter 2 of Title 6 of the Rules of the City of New York to describe the requirements for the signage that must be posted on the exterior panels of a pedicab and on the rear of the pedicab bicycle seat pursuant to paragraph 14 of subdivision a of section 20-254 of the Administrative Code.

 

Section 3 adds a new section 2-429 to subchapter GG of chapter 2 of Title 6 of the Rules of the City of New York to describe the requirements for the Pedicab Information Card that must be provided to passengers in accordance with paragraph 3 of subdivision c of section 20-260 of the Administrative Code. The rule also requires that a pedicab driver keep sufficient quantities of the Department’s Pedicab Information Card in the pedicab to ensure that it can distribute a card to each paying customer.

 

Section 4 adds a new section 2-430 to subchapter GG of chapter 2 of Title 6 of the Rules of the City of New York to describe the requirements of the timing device a pedicab driver must use for the purpose of calculating a fare for a ride.

 

 

Subject: 

Pedicab Rules regarding signage and timing devices for pedicabs.

Location: 
66 John Street 11th Floor Hearing Room
NY, NY 10038
Contact: 

Fran Freedman
Deputy Commissioner for External Affairs
42 Broadway 8th floor New York, N.Y. 10004
(212) 487-4407

Download Copy of Proposed Rule (.pdf):