NYC Resources 311 Office of the Mayor
Newsletter Signup Printer Friendly Email a Friend Translate This Page
Text Size: A A A
NYC - recycle more, waste less New York City Recycles NYC Department of Sanitation

Purchasing Standards for NYC Agenciesback to green purchasing
Share/Bookmark

New York City has passed a number of local laws applying to City agencies regarding Environmentally Preferable Purchasing (EPP) requirements. Each law sets forth guidelines for a specific component of EPP. Combined, these laws aim to serve as an expandable foundation for environmentally preferable purchasing standards.

environmentally preferable purchasing laws
construction material requirements
pesticide usage
vehicle emissions regulations  
helpful aids in compliance  

ALSO SEE
To see green purchasing tips and information that extend beyond what is legally required of City agencies, see green purchasing at work.

ALSO SEE:
procurement laws and directives
buy recycled 
helpful links about purchasing


Environmentally Preferable Purchasing Laws

The 2005 EPP Laws (Local Laws 118, 119, 120, and 121) required the City to create standards for goods and equipment purchased by the City according to a list of environmental priorities including energy and water efficiency, hazardous materials and recycled content. These laws apply to:

  • Products purchased or leased directly by the City;
  • Building construction and renovation of spaces over 15,000 square feet (or if in leased space, where an agency leases at least 50,000 square feet and the construction work is a capital project) that is not covered by the City's Green Buildings Law (LL 86 of 2005); and
  • Any other contracts at the discretion of the Director of Citywide Environmental Purchasing.

In addition, Local Law 123 created a green cleaning pilot program.

Director of Citywide Environmental Purchasing (Local Law 118 of 2005)
Local Law 118 establishes a director of citywide environmental purchasing whose responsibility it is to develop environmental purchasing standards with the goal to conserve energy and water; increase the use of recycled and reused materials; reduce hazardous substances, with an emphasis on persistent, bioaccumulative and toxic chemicals; decrease greenhouse gas emissions; improve indoor air quality; promote end-of-life management; and reduce waste.

Energy & Water Efficiency (Local Law 119 of 2005)
Any energy-using product purchased or leased by any agency for which the United States Environmental Protection Agency (USEPA) and the United States Department of Energy have developed energy efficiency standards for compliance with the Energy Star program shall be ENERGY STAR labeled.

Any faucet, showerhead, toilet, urinal, fluorescent tube lamp, fluorescent ballast, industrial HID luminaire, downlight luminaire, air-cooled chiller or water-cooled chiller, fluorescent luminaire or compact fluorescent lamp that is purchased or leased by any agency for which the federal energy management program of the United States department of energy has issued product energy efficiency recommendations shall achieve no less energy efficiency or flow rate than the minimum recommended in such recommendations.

No lamp purchased or leased by any agency shall be an incandescent lamp if a more energy efficient lamp is available that provides sufficient lumens and is of an appropriate size for the intended application.

Any computer, printer, facsimile machine or photocopy machine owned or leased by any agency shall be calibrated to achieve the highest energy savings practicable, shall be set to enter into a low power mode after the shortest practicable period of inactivity, and any screensaver or other computer program that directly interferes with the proper functioning of the low power mode of any computer monitor or central processing unit shall be disabled.

Hazardous Materials (Local Law 120 of 2005)
No new covered electronic device purchased or leased by any agency shall contain lead, mercury, cadmium, hexavalent chromium, polybrominated biphenyls or polybrominated diphenyl ethers, except as provided by rules promulgated by the director.

No carpet, carpet cushion or carpet adhesive purchased or leased by any agency shall contain the following volatile organic compounds in any concentration exceeding that specified by the director through rulemaking:

(i) for carpets, 4-phenylcyclohexene, formaldehyde, or styrene;
(ii) for carpet cushions, butylated hydroxytoluene, formaldehyde, or 4-phenylcyclohexene;
(iii) for carpet adhesives, formaldehyde, or 2-ethyl-1-hexanol.

No architectural coating purchased or leased by any agency shall contain any volatile organic compound in any exceeding concentration.

No construction or furnishing materials purchased or leased by any agency shall contain any chemical compound in any exceeding concentration.

Any mercury-added lamp purchased or leased by any agency shall achieve no less energy efficiency than the minimum required by rule.

Recycled Content (Local Law 121 of 2005)
Any reprographic paper, tablet paper, envelope paper, file folder, commercial/industrial sanitary tissue, rock wool or fiberglass building insulation, polyester carpet, flowable fill, steel shower or restroom divider/partition, traffic cone, plastic fencing, plastic park bench, hydraulic mulch, garden or soaker hose, plastic trash bag, office recycling container, office waste receptacle, mat, signage or pallet, 
(i) purchased or leased by any agency;
(ii) that can be procured at a reasonably competitive price; and
(iii) that is listed in the CPG, for which the USEPA has issued a recovered materials advisory notice,
shall contain no less recovered material and postconsumer material than the minimum amount recommended or, with respect to any paper or paper product, may contain no less than fifty percent agricultural wastes.

Any reprographic paper product purchased or leased by any agency shall contain the highest recovered material content available, to the extent any such product:
(i) can be procured at a price that does not exceed a cost premium of seven percent (7%) above the cost of a comparable product that is not a recycled product;
(ii) can be procured at a price that does not exceed a cost premium of five percent (5%) above the cost that would apply pursuant to subdivision a of this section;
(iii) is of adequate quality for the intended use; and
(iv) is available within a reasonable period of time, as determined by the director. 

This law also has various waste reduction guidelines, including duplex-capable photocopiers.

Green Cleaning (Local Law 123 of 2005) 
This law established a green cleaning product pilot program in which a list of conventional cleaning products was developed, and feasible green alternatives were identified. This law now mandates that the City purchase and use green cleaning products to the extent determined to be feasible through the pilot program. 

Packaging Reduction (Local Law 51 of 2011)
This EPP law establishes packaging reduction guidelines for contractors with city agencies, including elimination of packaging or use of the minimum amount necessary for product protection; use of packaging that is recyclable or reusable; contractor reuse of pallets and
packaging materials.

back to top | back to green purchasing


Construction Materials Requirements

Green Building Standards for Certain Capital Projects (Local Law 86 of 2005) mandates that all City construction meet certain standards for green building, including construction material requirements.

back to top | back to green purchasing


Pesticide Usage Law

The Pesticide Usage Law (Local Law 37 of 2005) specifies that no city agency or contractor shall apply to any property owned or leased by the city any pesticide:

  • classified as Toxicity Category I by the USEPA
  • classified as a human carcinogen, likely to be carcinogenic to humans, a known/likely carcinogen, a probable human carcinogen, or a possible human carcinogen by the Office of Pesticide Programs of the USEPA
  • classified by the California Office of Environmental Health Hazard Assessment as a developmental toxin

back to top | back to green purchasing


Vehicle Regulations

The descriptions below summarize your responsibilities under these laws. Go to NYC Motor Vehicle Standards to find the entire text and rules of these laws.

City Fleet (Local Law 39 of 2005): Rules concerning the use of ultra low sulfur diesel fuel and best available retrofit technology by the city's diesel fuel-powered motor vehicles  

  • Any diesel fuel-powered motor vehicle having a gross weight rating of more than 8,500 pounds that is owned or operated by City agencies must utilize Best Available Retrofit Technology (BART).
  • Any diesel fuel-powered motor vehicle having a gross weight rating of more than 8,500 pounds that is owned or operated by City agencies that is equipped with an engine certified to the applicable 2007 USEPA standard for particulate matter is not required to utilize BART.
  • All motor vehicles owned or operated by City agencies must be powered by ultra low sulfur diesel fuel (ULSDF). 

Sanitation vehicles (Local Law 40 of 2005): Rules concerning the use of ultra low sulfur diesel fuel and emissions control technology on vehicles that are used in the fulfillment of Department of Sanitation contracts

  • Any solid waste contract or recyclable materials contract shall specify that all diesel fuel-powered motor vehicles and diesel fuel-powered nonroad vehicles used utilize the Best Available Retrofit Technology (BART).
  • Any diesel fuel-powered motor vehicle that is equipped with an engine certified to the applicable 2007 USEPA standard for particulate matter is not required to utilize BART.

School buses (Local Law 42 of 2005): Rules concerning the use of ultra low sulfur diesel fuel and emissions control technology on vehicles that transport children to and from school 

  • Any diesel fuel-powered school bus used to transport children to and from school located in the City of New York must utilize Best Available Retrofit Technology (BART).
  • Any diesel fuel-powered school bus that is equipped with an engine certified to the applicable 2007 USEPA standard for particulate matter is not required to utilize BART.
  • All diesel fuel-powered school buses used to transport children to and from any school located in the City of New York must be powered by ultra low sulfur diesel fuel (ULSDF).

Construction vehicles (Local Law 77 of 2003): Use of ultra low sulfur diesel fuel by nonroad vehicles for city construction projects

  • Any contractor or agency operating a type of nonroad vehicle for city construction projects must select the appropriate Best Available Retrofit Technology (BART) for that nonroad vehicle.
  • BAT is categorized into three systems and two subsystems based on type of particulate emissions filter and/or oxidation catalyst used.   

In making decisions regarding BART, individuals are directed to consult the US Environmental Protection Agency leaving NYCWasteLess and California Air Resources Board leaving NYCWasteLess verified lists.

Remember, the EPP laws establish minimum requirements. You are encouraged to exceed these requirements, while being consistent with other applicable procurement laws.

back to top | back to green purchasing


Helpful Aids in Compliance

To assist in compliance, the Mayor's Office of Contract Services (MOCS) created the NYC Environmentally Preferable Purchasing (EPP) Minimum Standards for Goods leaving NYCWasteLess. This guide contains a list of products covered by EPP laws and provides the applicable minimum standards referenced in laws. You will find standards for the following categories of products:

  • appliances - commercial
  • appliances - residential
  • architectural coatings
  • electronics
  • HVAC equipment - commercial
  • HVAC equipment - residential
  • lighting products
  • landscaping products
  • miscellaneous products - construction
  • miscellaneous products - non-construction
  • office equipment
  • paper products
  • plumbing fixtures

The NYC Environmentally Preferable Purchasing (EPP) Minimum Standards for Construction Products leaving NYCWasteLess  contains a list of products that may be specified in construction contracts covered by the EPP laws and provides the applicable minimum standards referenced in the laws 118-121. Although the same information can be found in the Minimum Standards for Goods manual, this condensed version is good for assisting procurement personnel focused on construction purchases. Products covered include:

  • appliances - residential
  • architectural coatings
  • HVAC equipment - commercial
  • HVAC equipment - residential
  • lighting products
  • miscellaneous products - construction
  • plumbing fixtures

If you are preparing to make a goods purchase, you should review the indices of the books, reference the laws above, and determine whether an EPP standard exists for any of the goods you are buying. If a standard does exist, you will need to have the specifications reflect the minimum standards.

Please note: these booklets are periodically updated, so check the Mayor’s Office of Contract Services leaving NYCWasteLess (MOCS) website for revisions.

ALSO SEE
implementing green purchasing

back to top | back to green purchasing

Site Map

Copyright 2013 The City of New York Contact Us Privacy Policy Terms of Use