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Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

NOTICE OF ADOPTION OF RULE

 Pursuant to the authority vested in the Procurement Policy Board by Section 311 of the New York City Charter (“Charter”) and in accordance with the requirements of Section 1043 of said Charter, the Procurement Policy Board has adopted amendments to Chapter 1, Chapter 2, and Chapter 3 of Title 9 of the Rules of the City of New York. The amendments were published in the City Record on June 18, 2018, and a supplemental notice was published on July 6, 2018. A public hearing was held on July 19, 2018. The amendments were adopted by the Procurement Policy Board on September 27, 2018. This rule will go into effect on November 5, 2018.

 

STATEMENT OF BASIS AND PURPOSE OF RULE

 

  • Rule changes relating to PASSPort threshold escalation and terminological change (§§ 1-5). This amendment to the Procurement Policy Board Rules (“PPB Rules”) increases the dollar threshold for mandatory PASSPort enrollment for vendors doing business with the City of New York. This PPB Rules amendment also seeks to clarify the nomenclature used to describe the electronic vendor record system established pursuant to Section 6-116.2(b) of the New York City Administrative Code.

 

  • Rule changes relating to copies of registered contracts (§ 6). This amendment to the PPB Rules permits the Comptroller to accept reproductions of signature in lieu of original ink signatures. The New York City Charter requires only that “a copy” of a contract or agreement be filed with the Comptroller for the purposes of contract registration.  See NYC Charter § 328. The PPB Rules, which apply to the vast majority of City contracts, however, require that an “original executed contract” “…be submitted for each item required to be registered.”  See PPB Rules § 2-12. This change to the PPB Rules is consistent with applicable New York laws governing electronic contracts and signatures, the admissibility of reproductions in a court of law, and current trends favoring increased acceptance of electronic records.

 

  • Creation of an “M/WBE Noncompetitive Small Purchase” mechanism (§ 7). This amendment to the PPB Rules creates a new subtype of small purchase, known as an “M/WBE Noncompetitive Small Purchase.” The M/WBE Noncompetitive Small Purchase mechanism allows agencies to make purchases of goods and services from Minority and Women Owned Business Enterprises (“M/WBEs”) in amounts not exceeding $150,000 without competition. Pursuant to the authority set forth in New York City Charter Section 311(i)(1), added by Chapter 504 of the Laws of 2017, this amendment also creates a separate small purchase threshold for M/WBE Noncompetitive Small Purchases.

 The PPB’s authority for these rules is found in section 311of the New York City Charter.

 

Effective Date: 
Mon, 11/05/2018

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Rule

Local Law Number 38 for the year 2015 amends Title 24 of the Administrative Code of the City of New York by authorizing the department to promulgate rules that will require emission sources or activities not listed in section 24-109(a)(1-16) to be registered with DEP.

DEP promulgates these rules, as authorized by Section 24-109(a)(17), to reduce emissions from cook stoves used primarily for cooking food for onsite consumption at a food service establishment.

This rulemaking reflects DEP’s determination that cook stoves are a source of significant emissions that must be registered with DEP.

DEP’s authority for these rules is found in sections of the New York City Charter section 1043 and sections 24-109(a)17 and 24-149.5 of the New York City Administrative Code.

DEP received one public comment concerning the applicability of this rule to charitable institutions and that it would be burdensome and onerous for religious institutions to comply. DEP has removed the provision that char coal burning appliances must register with the department since only coal and wood fired cook stoves are currently regulated by the Air Code.

Consistent with the above, DEP promulgates the following Rule to be found at 15 RCNY Chapter 50.

Effective Date: 
Thu, 08/02/2018

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Thursday, July 19, 2018
Proposed Rules Content: 

 

Statement of Basis and Purpose of Proposed Rule

 

  • Rule changes relating to PASSPort threshold escalation and terminological change (§§ 1-5). This amendment to the Procurement Policy Board Rules (“PPB Rules”) increases the dollar threshold for mandatory PASSPort enrollment for vendors doing business with the City of New York. This PPB Rules amendment also seeks to clarify the nomenclature used to describe the electronic vendor record system established pursuant to Section 6-116.2(b) of the New York City Administrative Code.

 

  • Rule changes relating to copies of registered contracts (§ 6). This amendment to the PPB Rules permits the Comptroller to accept reproductions of signature in lieu of original ink signatures. The New York City Charter requires only that “a copy” of a contract or agreement be filed with the Comptroller for the purposes of contract registration.  See NYC Charter § 328. The PPB Rules, which apply to the vast majority of City contracts, however, require that an “original executed contract” “…be submitted for each item required to be registered.”  See PPB Rules § 2-12. This proposed change to the PPB Rules is consistent with applicable New York laws governing electronic contracts and signatures, the admissibility of reproductions in a court of law, and current trends favoring increased acceptance of electronic records.

 

  • Creation of an “M/WBE Noncompetitive Small Purchase” mechanism (§ 7). This amendment to the PPB Rules creates a new subtype of small purchase, known as an “M/WBE Noncompetitive Small Purchase.” The M/WBE Noncompetitive Small Purchase mechanism allows agencies to make purchases of goods and services from Minority and Women Owned Business Enterprises (“M/WBEs”) in amounts not exceeding $150,000 without competition. Pursuant to the authority set forth in New York City Charter Section 311(i)(1), added by Chapter 504 of the  Laws of 2017, this amendment also creates a separate small purchase threshold for M/WBE Noncompetitive Small Purchases.

 

Subject: 

Please be advised that the Procurement Policy Board will hold a public hearing on the proposed rule changes at 9:00am on July 19, 2018, in the Spector Hall hearing room of 22 Reade Street, New York, New York 10007, to provide the public with an opportunity to comment on the proposed rule changes. Please direct questions to ppb@mocs.nyc.gov . A copy of the proposed rule changes is attached.

Location: 
Spector Hall
22 Reade Street
New York, NY 10007
Contact: 

You may transmit questions and comments to ppb@mocs.nyc.gov. You may also reach us by telephone at (212)788-0010.

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Wednesday, June 13, 2018
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 authorizing the department to promulgate rules that will require emission sources or activities not listed in section 24-109(a)(1-16) to be registered with DEP

DEP is proposing these rules, as authorized by Section 24-109(a)(17), to reduce emissions from cook stoves and charcoal burning appliances used primarily for cooking food for onsite consumption at a food service establishment.

This rulemaking reflects DEP’s determination that cook stoves and charcoal burning appliances are a source of significant emissions that must be registered with DEP.

Consistent with the above, DEP promulgates the following new Rule, to be found at 15 RCNY Chapter 50.

DEP’s authority for these rules is found in sections of the New York City Charter section 1043 and sections 24-109(a)17 and 24-149.5 of the New York City Administrative Code.

Subject: 

Registration of Cook Stoves and Charcoal-Burning Appliances.

Location: 
DEP 9th Floor Conference Room
59-17 Junction Blvd. 9th Floor
Flushing, NY 11373
Contact: 

No contact

Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Rule

Local Law Number 38 for the year 2015 amends Title 24 of the Administrative Code of the City of New York by authorizing the department to promulgate rules that will require emission sources or activities not listed in section 24-109(a)(1-16) to be registered with DEP.

DEP is promulgating these rules, as authorized by Section 24-109(a)(17) to reduce emissions, from mobile food vending units used to power a process device, which in the case of mobile vending units is used to preserve food. DEP will conduct public outreach to the regulated community to make all stakeholders aware of these requirements.

This rulemaking reflects DEP’s determination that engines in mobile food vending units with an input of less than 50 horsepower are an emission source that must be registered with DEP.

Consistent with the above, DEP promulgates the following new Rule, to be found at 15 RCNY Chapter 50.

DEP’s authority for these rules is found in sections of the New York City Charter section 1043 and sections 24-109(a)17 and 24-163.12 of the New York City Administrative Code.

Effective Date: 
Thu, 02/15/2018

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Wednesday, December 20, 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 authorizing the department to promulgate rules that will require emission sources or activities not listed in section 24-109(a)(1-16) to be registered with DEP

DEP is proposing these rules, as authorized by Section 24-109(a)(17) to reduce emissions, from mobile food vending units used to power a process device, which in the case of mobile vending units is used to preserve food.

This rulemaking reflects DEP’s determination that engines in mobile food vending units with an input of less than 50 horsepower are an emission source that must be registered with DEP.

Consistent with the above, DEP promulgates the following new Rule, to be found at 15 RCNY Chapter 50.

DEP’s authority for these rules is found in sections of the New York City Charter section 1043 and sections 24-109(a)17 and 24-163.12 of the New York City Administrative Code.

Subject: 

Registration of Certain Mobile Food Vending Unit Engines.

Location: 
DEP 8th Floor Conference Room
59-17 Junction Boulevard 8th Floor Conference Room
Flushing, NY 11373
Contact: 

Alyssa Preston

Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose 

The Department of Buildings (DOB) is amending sections 104-05, 104-06, 104-20 and 104-21 of Title 1 of the Rules of the City of New York relating to reinstatement of license, continuing education requirements, and supervisory responsibilities of riggers and sign hangers and repealing sections 11-01 and 25-01 relating to elevator inspection agencies and climber and tower crane riggers.  

The amendments to sections 104-05, 104-06, 104-20 and 104-21 more accurately reflect the current process for reinstatement of licenses as well as continuing education requirements.  Applicants need to be able to demonstrate employment when not on the payroll of a licensee in order to be reinstated.  The rule spells out what is necessary to provide as proof of employment and complies with a recent New York Supreme Court decision on the subject. 

In addition, the rule requires Construction Superintendents to take an eight (8)-hour course for renewal.  This brings the course requirements in line with section 3301-02 of Title 1 of the Rules of the City of New York.  To keep requirements consistent across disciplines, the rule also requires Site Safety Managers and Site Safety Coordinators to take an eight (8)-hour refresher course. 

Sections 11-01 and 25-01 are repealed because their provisions have been moved to Chapter 4 of the City Administrative Code. 

The rule also includes minor plain language revisions. 

DOB’s authority for this rule is found in Sections 643 and 1043(a) of the New York City Charter, Sections 28-401.13 and 28-401.14, and Articles 404 and 415 of the City Administrative Code. 

New material is underlined. 

[Deleted material is in brackets.]

 

 

 

 

 




Effective Date: 
Thu, 05/25/2017

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Rule

 

Section 16-130(b) of the Administrative Code of the City of New York authorizes the Sanitation Commissioner to establish one or more classes of permits for solid waste facilities that receive, process, and store materials consisting of solid waste and recyclable materials.  In addition, section 16-463 authorizes broad oversight over recycling processing facilities that handle paper and cardboard, metal, glass and plastic, as well as scrap metal, including refrigerant containing items. Some facilities operating in New York City limit their operations to the receipt, process and storage of recyclable materials. 

 

 

Currently, recycling processing facilities are either registered or permitted by the New York State Department of Environmental Conservation as source-separated non-putrescible solid waste recycling recovery facilities or licensed by the New York City Department of Consumer Affairs as scrap metal processors.  A recycling processing facility is defined as a facility where recyclable materials, other than organic waste, are delivered separately from solid waste or where source-separated recyclable materials, other than organic waste, are processed for the purpose of reuse or sale. Section 16-463 authorizes the Department to provide broad oversight of facilities that handle such materials and to promulgate rules that regulate such facilities. 

 

This rule requires recycling processing facilities to register with the Department and allow for the inspection of site operations to ensure that recyclable materials are effectively processed and accurate records are maintained to capture the flow of recyclable materials handled and processed within the facility.  To further this goal, recycling processing facilities will be required to submit quarterly reports to the Department summarizing the handling of such materials within the target period.  This will allow the Department to more accurately determine the recycling diversion rate within New York City. 

 

 

 

DSNY’s authority for these rules is found in sections 753 and 1043(a) of the New York City Charter and sections 16-130 and 16-463 of the New York City Administrative Code.

Effective Date: 
Mon, 10/24/2016

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Wednesday, July 27, 2016
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule
On May 6, 2016, Subchapter 5 of Title 24, Chapter 1 of the Administrative Code was repealed. The repealed subchapter had set forth fees for the Air Pollution Control Code. A rule was promulgated to replace the fees which had been set forth in the repealed subchapter; however, certain fees were not carried over. The purpose of the proposed rule is to carry over those omitted fees.

Subject: 

DEP is promulgating rules that would amend the existing fee rule for the Air Pollution Control Code.

Location: 
DEP 9th Floor Conference Room
59-17 Junction Blvd. 9th Floor
Flushing, NY 11373
Contact: 

Alyssa Preston

Download Copy of Proposed Rule (.pdf): 

Proposed Rules: Closed to Comments (View Public Comments Received:4)

Agency:
Comment By: 
Thursday, June 16, 2016
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

 

Section 16-130(b) of the Administrative Code of the City of New York authorizes the Sanitation Commissioner to establish one or more classes of permits for solid waste facilities that receive, process, and store materials consisting of solid waste and recyclable materials.  In addition, section 16-463 authorizes broad oversight over recycling processing facilities that handle paper and cardboard, metal, glass and plastic, as well as scrap metal, including refrigerant containing items. Some facilities operating in New York City limit their operations to the receipt, process and storage of recyclable materials. 

 

 

Currently, recycling processing facilities are either registered or permitted by the New York State Department of Environmental Conservation as source-separated non-putrescible solid waste recycling recovery facilities or licensed by the New York City Department of Consumer Affairs as scrap metal processors.  A recycling processing facility is defined as a facility where recyclable materials, other than organic waste, are delivered separately from solid waste or where source-separated recyclable materials, other than organic waste, are processed for the purpose of reuse or sale. Section 16-463 authorizes the Department to provide broad oversight of facilities that handle such materials and to promulgate rules that regulate such facilities. 

 

This rule requires recycling processing facilities to register with the Department and allow for the inspection of site operations to ensure that recyclable materials are effectively processed and accurate records are maintained to capture the flow of recyclable materials handled and processed within the facility.  To further this goal, recycling processing facilities will be required to submit quarterly reports to the Department summarizing the handling of such materials within the target period.  This will allow the Department to more accurately determine the recycling diversion rate within New York City. 

 

 

 

DSNY’s authority for these rules is found in sections 753 and 1043(a) of the New York City Charter and sections 16-130 and 16-463 of the New York City Administrative Code.

Subject: 

Proposed Rules Relating to the Registration of Recycling Processing Facilities

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

Madelynn Liguori (646) 885-4786

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