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Proposed Rules: Closed to Comments

Agency:
Comment By: 
Monday, January 27, 2020
Proposed Rules Content: 

NEW YORK CITY BUSINESS INTEGRITY COMMISSION

 

Notice of Public Hearing and Opportunity to Comment on Proposed Rules

 

What are we proposing? The New York City Business Integrity Commission (the “Commission” or “BIC”) is proposing to amend Title 17 of the Rules of the City of New York in order to require that heavy duty trade waste vehicles that have a pre-2007 engine and utilize “best available retrofit technology” obtain a decal labeling the vehicle as compliant with § 24-163.11(b) of the Administrative Code. BIC is also proposing to amend Title 17 of the Rules of the City of New York to clarify that BIC will not issue license plates to vehicles that are not compliant with § 24-163.11(b) of the Administrative Code.

 

When and where is the hearing? BIC will hold a public hearing on the proposed rule.  The public hearing will take place from 10:00 a.m. to 11:00 a.m. on January 27, 2020.  The hearing will be on the 20th Floor at 100 Church Street, New York, New York, 10007.  This location has the following accessibility option available: Wheelchair Accessible.

 

How do I comment on the proposed rules? Anyone can comment on the proposed rules by:

 

·        

Website.You can submit comments to BIC through the NYC rules website at

http://rules.cityofnewyork.us.

 

·        

E-mail.You can e-mail written comments to sarrona@bic.nyc.gov.

 

·        

Mail.You can mail written comments to Business Integrity Commission, 100 Church Street, 20th Floor, New York, NY 10007.

 

·        

Fax.You can fax written comments to BIC at (646) 500-7113.

 

·        

By speaking at the hearing.Anyone who wants to comment on the proposed rule at

the public hearing must sign up to speak.  You can sign up before the hearing by calling (212) 437-0523.  You can also sign up in the hearing room before the hearing begins on January 27, 2020.  You can speak for up to three minutes.

 

Is there a deadline to submit written comments?Yes, you must submit written comments by January 27, 2020.

 

What if I need assistance to participate in the hearing?You must contact the Business Integrity Commission if you need a reasonable accommodation of a disability at the hearing. You must tell us if you need a sign language interpreter.  You can tell us by mail at 100 Church Street, 20th Floor, New York, NY 10007. You may also tell us by telephone at 212-437-0523 or e-mail at sarrona@bic.nyc.gov.  Advance notice is requested to allow sufficient time to arrange the accommodation.  Please tell us by January 20, 2020.

 

This location has the following accessibility option available: Wheelchair Accessible.

 

Can I review the comments made on the proposed rules? You can review the comments made online on the proposed rules by going to the website at http://rules.cityofnewyork.us.  A few days after the hearing, a transcript of the hearing and copies of the written comments will be available to the public at BIC’s offices. 

 

What authorizes BIC to make this rule?Sections1043(a)and2101(b) oftheCity Charter and 24-163.11(d)(5) of the New York City Administrative Code authorize BIC to make these proposed rules. 

 

Where can I find BIC’s rules?BIC’s rules are in Title 17 of the Rules of the City of New York.

 

What laws govern the rulemaking process?BIC must meet the requirements of section 1043 of the City Charter when creating or changing rules.  This notice is made according to the requirements of section 1043 of the City Charter.

 


 

Statement of Basis and Purpose of Proposed Rule

Undersection2101oftheNewYorkCity Charter,the Business Integrity Commission (BIC) is authorizedtoregulatethetradewasteindustry and, among other things,ensure that businessesareabletooperateinan honestandcompetitive environment,free fromthe influencesof organizedcrime andcriminality.  Among other things, Local Law 145 of 2013 gave the Commission the authority to promulgate rules necessary to enforce the provisions of § 24-163.11 of the Administrative Code.

 

Local Law 145 of 2013, which added § 24-163.11 to 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(d)(5) of the Administrative Code, the Commission may set by rule the criteria for establishing procedures for owners and operators of heavy duty trade waste hauling vehicles to demonstrate compliance with the engine requirement.

 

The proposed rules require an owner or operator of a heavy trade waste hauling vehicle that has a pre-2007 engine and utilizes “best available retrofit technology” as defined in § 24-163.11(b) of the Administrative Code to obtain from the New York City Department of Environmental Protection a decal labeling the vehicle as compliant with Local Law 145 of 2013, and to place the decal on the driver’s or passenger’s door of the vehicle cab.  Additionally, the Commission proposes changes to the penalty section of its rules.

 

The other proposed rule change clarifies that BIC will not issue license plates to vehicles that do not comply with the requirements set forth in § 24-163.11 of the Administrative Code. 

 

BIC’s authority for these rules is found in sections 1043(a) and 2101(b) of the New York City Charter and section 24-163.11(d)(5) of the New York City Administrative Code.

 

New material is underlined; deleted text is in [] brackets.

§ 1.  Subdivisions (d) and (e) of Section 1-04 of Subchapter A of Chapter 1 of Title 17 of the Rules of the City of New York are relettered subdivisions (e) and (f) and a new Subdivision (d) is added to read as follows:

 

§ 1-04 Penalties

 

(d) Specific Penalties. If there are specific penalties for violating a Rule, such penalties are shown at the end of the Rule and must be applied.

 

§ 2.  Subdivision (a) of Section 5-10 of Subchapter E of Chapter 1 of Title 17 of the Rules of the City of New York is amended to read as follows:

 

§ 5-10. License Plates and Vehicle Markings

 

(a) Upon issuance of a license, the Commission shall issue to the licensee two (2) license plates for each vehicle that will transport trade waste pursuant to such license and for which a fee has been paid, pursuant to 17 RCNY § 2-07. [Such] Beginning on January 1, 2020, the Commission will not issue license plates for any vehicle that does not comply with the requirements set forth in § 24-163.11(b) of the Administrative Code. License plates issued by the Commission must at all times be affixed as prescribed by the Commission to a visible and conspicuous part of each such vehicle.  A licensee must not permit a vehicle to be used in the course of collecting, removing, or disposing of waste that has not been identified and covered by the license and for which a fee has not been paid.  A license plate issued by the Commission for such a covered and identified vehicle must not be transferred to any other vehicle.  Upon the sale or dissolution of the business of a licensee, or upon the suspension, revocation, or expiration of a Commission-issued license, such plates must be immediately surrendered to the Commission.  All license plates issued by the Commission are the property of the Commission, and the Commission reserves the right to reclaim such plates at any time.

§ 3.  Subdivision (a) of Section 7-03 of Subchapter G of Chapter 1 of Title 17 of the Rules of the City of New York is amended to read as follows:

 

§ 7-03. License Plates

 

(a) Upon issuance of a registration, the Commission shall issue to a registrant who removes trade waste generated in the course of operation of his or her business and to a registrant exempt from the licensing requirements of this chapter two (2) license plates for each vehicle that will transport trade waste pursuant to such registration and for which a fee has been paid, pursuant to 17 RCNY § 2-07.  Beginning on January 1, 2020, the Commission will not issue license plates for any vehicle that does not comply with the requirements set forth in § 24-163.11(b) of the Administrative Code.  A registrant shall not permit a vehicle to be used in the course of collecting, removing, or disposing of waste that has not been identified and covered by the license and for which a fee has not been paid. A license plate issued by the Commission for such a covered and identified vehicle must not be transferred to any other vehicle. Upon the sale or dissolution of the business of a registrant, or upon the suspension, revocation, or expiration of a Commission-issued license, such plates must be immediately surrendered to the Commission. All license plates issued by the Commission are the property of the Commission, and the Commission reserves the right to reclaim such plates at any time. Notwithstanding any other provision of this chapter, the penalty for violation for this section shall not exceed five thousand dollars ($5,000) for each such violation.

§ 4.  Subchapter E of Chapter 1 of Title 17 of the Rules of the City of New York is amended by adding Section 5-13 as follows:

 

§ 5-13. Heavy Duty Trade Waste Vehicle Decal Requirement For Licensees.

 

(a) Every licensee that owns or operates a heavy duty trade waste hauling vehicle that has a pre-2007 engine and utilizes “best available retrofit technology” or “BART” as defined in § 24-163.11(a) of the Administrative Code shall notify the New York City Department of Environmental Protection (DEP) of the best available retrofit technology installation by completing a Trade Waste Compliance Reporting form.  If DEP approves the best available retrofit technology, DEP will issue a decal to the licensee for each vehicle that has a pre-2007 engine and utilizes BART.

 

(b) A valid DEP decal must at all times be affixed to a visible part of the driver’s or passenger’s side door of the vehicle cab.

 

Code/Rule Section

Description

Penalty

§ 5-13

Failure to have proper decal displayed.

Maximum penalty of $200.

 

Licensees must obtain a decal from the Department of Environmental Protection (DEP) and affix it to the vehicle within two weeks of receiving the summons in order to mitigate the penalty to zero.

 

 

§ 5.  Subchapter G of Chapter 1 of Title 17 of the Rules of the City of New York is amended by adding Section 7-07 as follows:

 

§ 7-07. Heavy Duty Trade Waste Vehicle Decal Requirement For Registrants.

 

(a) Every registrant that owns or operates a heavy duty trade waste hauling vehicle that has a pre-2007 engine and utilizes “best available retrofit technology” or “BART” as defined in § 24-163.11(a) of the Administrative Code shall notify the New York City Department of Environmental Protection (DEP) of the best available retrofit technology installation by completing a Trade Waste Compliance Reporting form.  If DEP approves the best available retrofit technology, DEP will issue a decal to the registrant for each vehicle that has a pre-2007 engine and utilizes BART.

 

(b) A valid DEP decal must at all times be affixed to a visible part of the driver’s or passenger’s side door of the vehicle cab.

 

Code/Rule Section

Description

Penalty

§ 7-07

Failure to have proper decal displayed.

Maximum penalty of $200.

 

Registrants must obtain a decal from the Department of Environmental Protection (DEP) and affix it to the vehicle within two weeks of receiving the summons to comply with the Rule in order to mitigate the penalty to zero.

Subject: 

Notice of Public Hearing Regarding Amendment of Rules Governing Heavy Duty Trade Waste Hauling Vehicles

Location: 
Business Integrity Commission
100 Church St, 20th Fl
New York, NY 10007
Contact: 

Contact Salvador Arrona at 212-437-0523 or e-mail at sarrona@bic.nyc.gov

Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 

NOTICE OF ADOPTION OF FINAL RULE ON AMENDMENT OF SEAFOOD DISTRIBUTION MARKET RULES AND PENALTY SCHEDULE FOR VIOLATIONS RELATING TO PHOTO IDENTIFICATION CARD COMPLIANCE

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 rules on the amendment of seafood distribution market rules and penalty schedule for violations relating to photo identification card compliance. BIC published a Notice of Opportunity to Comment on the final rule in the City Record on August 27, 2019. On October 2, 2019, BIC held a public hearing on the final rule.

Effective Date: 
Wed, 11/27/2019

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Wednesday, October 2, 2019
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

Currently, BIC’s rules authorize BIC to issue penalties to businesses located in public wholesale markets regulated by the Commission that are not located in a seafood distribution area for employing an individual without an approved photo identification card. But, there currently is no corresponding rule for businesses located in a seafood distribution area. Instead, BIC is restricted to penalizing individual employees for failure to obtain an approved photo identification card. The proposed rule would authorize BIC to issue penalties to the businesses in the seafood distribution areas for employing an individual without an approved photo identification card, rather than solely relying on penalizing the individual employee. The proposed rule would also significantly lower the penalties associated with the rule for all affected businesses. In addition, it adds several new penalties to the penalty schedule, which are all already prohibited by BIC’s rules in 17 RCNY 12-18, but lacked specific penalties.
This change will allow BIC to penalize companies in a seafood distribution area that continually fail to inform their employees that they must submit a photo identification card application to the Commission upon attempting to work for a Commission-registered business. It will also reduce the total amount of the issued penalty from a maximum of $10,000 to a maximum of $1,000, thereby lessening the impact of issuance on business operations while still penalizing failure to comply with the law.
The proposed amendments would accomplish the following:

● Update the language for rules applying to public wholesale and market businesses relating to employing individuals without an approved photo identification card;

● Add a rule to the Seafood Distribution Areas section and the penalty schedule to ensure public wholesale and market businesses can be penalized for employing individuals without an approved photo identification card;

● Reduce the penalties for the rules relating to businesses employing individuals without an approved photo identification card.

● Add penalties for acts already prohibited by BIC’s rules in 17 RCNY 12-18.

Subject: 

.

Location: 
NYC Business Integrity Commission
100 Church St. 20th Floor, Conference Room 1
New York, NY 10007
Contact: 

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

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 rules on the registration of labor organizations representing trade waste workers and display and distribution of workers' rights information. BIC published a Notice of Opportunity to Comment on the proposed rule in the City Record on June 7, 2019. On July 8, 2019, BIC held a public hearing on the proposed rule.

Effective Date: 
Tue, 07/23/2019

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Monday, July 8, 2019
Proposed Rules Content: 

Notice of Public Hearing and Opportunity to Comment on Proposed Rules What are we proposing? The New York City Business Integrity Commission (“BIC”) is proposing to amend Title 17 of the Rules of the City of New York to facilitate the registration of labor unions or labor organizations representing or seeking to represent employees directly involved in the collection, removal, transportation or disposal of trade waste and for suspending or disqualifying officers of such unions or organizations; and to facilitate the dissemination of information about the rights of private sanitation employees. BIC will vote on the final rules before they are promulgated. When and where is the hearing? BIC will hold a public hearing on the proposed rule. The public hearing will take place from 10:00 a.m. to 11:00 a.m. on July 8, 2019. The hearing will be held on the 20th Floor, at 100 Church Street, New York, New York, 10007. This location has the following accessibility option(s) available: Wheelchair Accessible. How do I comment on the proposed rules? Anyone can comment on the proposed rules by: • Website. You can submit comments to BIC through the NYC rules website at http://rules.cityofnewyork.us. • E-mail. You can e-mail written comments to sarrona@bic.nyc.gov. • Mail. You can mail written comments to Business Integrity Commission, 100 Church Street, 20th Floor, New York, NY 10007. • Fax. You can fax written comments to BIC at (646) 500-7113. • By speaking at the hearing. Anyone who wants to comment on the proposed rule at the public hearing must sign up to speak. You can sign up before the hearing by calling (212) 437-0523. You can also sign up in the hearing room before the hearing begins on July 8, 2019. You can speak for up to three minutes. Is there a deadline to submit written comments? Yes, you must submit written comments by July 8, 2019. What if I need assistance to participate in the hearing? You must contact BIC if you need a reasonable accommodation of a disability at the hearing. You must tell us if you need a sign language interpreter. You can tell us by mail at 100 Church Street, 20th Floor, New York, NY 10007. You may also tell us by telephone at (212) 437-0523 or e-mail at sarrona@bic.nyc.gov. Advance notice is requested to allow sufficient time to arrange the accommodation. Please tell us by July 1, 2019. Can I review the comments made on the proposed rules? You can review the comments made online on the proposed rules by going to the website at http://rules.cityofnewyork.us. A few days after the hearing, a transcript of the hearing and copies of the written comments will be available to the public at BIC’s offices. What authorizes BIC to make this rule? Sections 1043(a) and 2101(b) of the City Charter and section 16-504(i) of the Administrative Code authorize BIC to make these proposed rules. These proposed rules were included in BIC’s regulatory agenda for this Fiscal Year. Where can I find BIC’s rules? BIC’s rules are in Title 17 of the Rules of the City of New York. What laws govern the rulemaking process? BIC must meet the requirements of section 1043 of the City Charter when creating or changing rules. This notice is made according to the requirements of section 1043 of the City Charter.

Subject: 

.

Location: 
100 Church Street 2nd Floor
New York, NY 10007
Contact: 

Salvador Arrona sarrona@bic.nyc.gov

Download Copy of Proposed Rule (.pdf): 

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

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”) has adopted the Penalty Schedule for Violation of BIC Rules set forth below. BIC published a Notice of Opportunity to Comment on the proposed rule in the City Record on June 18, 2018.  On July 24, 2018, BIC held a public hearing on the proposed rule. No comments were received prior to or during the public hearing, and no changes have been made to the originally published version.

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

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