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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 New York City Business Integrity Commission (“BIC” or the “Commission”) by sections 1043(a) and 2101(b) of the New York City Charter and section 16-504 of the Administrative Code that the Commission adopts the following rule regarding improving the safety of the general public. BIC published a Notice of Public Hearing and Opportunity to Comment on the proposed rule in the City Record on August 17, 2018. On September 17, 2018, BIC held a public hearing on the proposed rule.

Effective Date: 
Fri, 11/16/2018

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

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

Agency:
Comment By: 
Monday, September 17, 2018
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. As provided in Administrative Code § 16-504(d), BIC has the authority to establish standards for service and the regulation of conduct of businesses licensed or registered pursuant to Title 16-A of the Administrative Code, including but not limited to requirements governing the level of service to be provided by licensees, contracts for trade waste removal, billing form and procedures, the maintenance and inspection of records, the maintenance of appropriate insurance, and compliance with safety and health measures. Under Section 16-504(i), BIC is authorized to promulgate rules the Commission deems necessary and appropriate to effectively regulate the trade waste removal industry.

These rule amendments are designed to improve the safety of the general public. Specifically, the new amendments will require licensees to increase the limits on commercial general liability, business automobile liability, and employers’ liability insurance, and require registrants to increase the limit on business automobile liability insurance.

The amendments will also require licensees and registrants to notify BIC of their drivers’ Vehicle and Traffic Law violations and driver’s license suspensions or revocations, crashes that involve a vehicle used in the licensee’s or registrant’s business, and to notify BIC of certain adverse actions by any federal, state, and local government authorities, including actions that result in the suspension or revocation of a permit, license or other permission required in connection with the operation of the licensee’s or applicant’s business or a penalty or fine of $1,000 or more.

The amendments will also require licensees and registrants to maintain written policies and procedures regarding compliance with all of the laws, rules and regulations of federal, state and local government authorities.

The amendments will also require licensees and registrants to maintain Report of Motor Vehicle Accident (MV-104) forms and other forms related to crashes, as well as adverse determinations by any federal, state, and local government authorities.

Subject: 

.

Location: 
100 Church St. 2nd Floor, conference room number 2-160C
New York, NY 10007
Contact: 

Salvador Arrona, sarrona@bic.nyc.gov, 212-437-0523

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of 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 April 9, 2018 hearing, as well as, the written statements provided both prior to and after the hearings. 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 initially proposed to increase by 5.6% the current maximum rates that trade waste haulers can charge. However, after considering rising operational costs, regulatory costs, new capital investments for compliance with vehicle emissions laws, and changes to the organics and recycling regulations, BIC is now permitting an increase of 10% in the current maximum rates. This increase results in maximum rates of:

• $20.76 per cubic yard
• $13.62 per 100 pounds

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

Effective Date: 
Thu, 08/09/2018

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Rule

Local Law number 38 for the year 2015, as codified in Section 24-163.11 of the Administrative Code, requires the Department of Environmental Protection (“DEP”) to promulgate rules requiring heavy duty trade waste hauling vehicles to operate using the best available retrofit technology.

This rule sets forth DEP’s determinations as to precautions that must be used to comply with the requirements of Section 24-163.11. The goal of this rule is to reduce particulate matter emission from the vehicles by requiring controls that will limit the amount of particulate matter emitted into the open air from a heavy duty trade waste hauling vehicle.

This rulemaking is authorized by Section 1043 of the Charter of the City of New York and sections 24-105 and 24-163.11 of the Administrative Code. The rule adds a new Chapter 51 to Title 15 of the Rules of the City of New York.

DEP received written comments from one individual and two comments during the public hearing concerning issues with installing BART where some but not all engines in an engine family are verified on the EPA and CARB websites. DEP has a variance procedure in place to address such situations.

Consistent with the above, DEP promulgates the following Rule to be found at 15 RCNY Chapter 51.

Effective Date: 
Thu, 08/09/2018

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Wednesday, June 20, 2018
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

Under section 2101 of the New York City Charter, the Business Integrity Commission is authorized to regulate the trade waste industry and, among other things, ensure that businesses are able to operate in an honest and competitive environment, free from the influences of organized crime and criminality. Among other things, Local Law 145 of 2013 gave the Commission the authority to refuse to issue a license or registration to an applicant that has failed to demonstrate that it will meet requirements designed to reduce the emission of pollutants from trade waste vehicles.

Local Law 145 of 2013, which added § 24-163.11 of 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(c) of the Administrative Code, the chairperson of the Commission may issue a waiver of this requirement if the chairperson of the Commission finds that the applicant for such waiver has demonstrated that compliance with such requirements would cause undue financial hardship on the applicant. Under § 24-163.11(d)(5) of the Administrative Code, the Commission may set by rule the criteria for the issuance of financial hardship waivers in connection with this engine requirement.

The proposed rule change provides the process for licensees and registrants to apply to the Commission’s chairperson for a temporary waiver of the above engine requirements based on an undue financial hardship.

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

Subject: 

.

Location: 
New York City Business Integrity Commission Office
100 Church Street 20th Floor, Conference Room 1
New York, NY 10007
Contact: 

Sal Arrona (212) 437-0523 or e-mail at sarrona@bic.nyc.gov

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

Agency:
Comment By: 
Wednesday, June 13, 2018
Proposed Rules Content: 

Local Law number 38 for the year 2015, as codified in Section 24-163.11 of the Administrative Code, requires the Department of Environmental Protection (“DEP”) to promulgate rules requiring heavy duty trade waste hauling vehicles to operate using the best available retrofit technology.

This proposed rule sets forth DEP’s determinations as to precautions that must be used to comply with the requirements of Section 24-163.11. The goal of this proposed rule is to reduce particulate matter emission from the vehicles by requiring controls that will limit the amount of particulate matter emitted into the open air from a heavy duty trade waste hauling vehicle.

This rulemaking is authorized by Section 1043 of the Charter of the City of New York and sections 24-105 and 24-163.11 of the Administrative Code. The proposed rule will add a new Chapter 51 to Title 15 of the Rules of the City of New York.

Matter underlined is new. Matter in [brackets] is to be deleted.

“Shall” and “must” denote mandatory requirements and may be used interchangeably in the rule of this department unless otherwise specified or unless the context clearly indicates otherwise.

Subject: 

Fuel Requirements for Heavy Duty Trade Waste Hauling Vehicles.

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

No contact

Download Copy of Proposed Rule (.pdf): 

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: 

NOTICE OF ADOPTION OF FINAL RULE ON OMNIBUS RULE AMENDMENT

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 Omnibus Rule Amendment. BIC published a Notice of Opportunity to Comment on the proposed rule in the City Record on April 28, 2017. On June 7, 2017, BIC held a public hearing on the proposed rule. BIC received public comments on the proposed rule. As a result of those comments, the Commission shortened Title 17, Section 5-05(a)(4). In addition, the Commission removed the proposed amendment regarding service by e-mail from Title 17 Sections 1-02, 11-20, and 12-25.

Effective Date: 
Thu, 04/05/2018

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

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