New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle A - Governor's Office › Chapter I - Executive Orders › Part 4 - Executive Orders (Mario M. Cuomo) › Section 4.142 - Executive order no. 142: establishing new waste reduction and recycling initiatives for state agencies

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, waste reduction and recycling are the highest
					 priorities for solid waste management in New York State;
WHEREAS, increasing pressures upon New York State's solid
					 waste disposal capacity require cooperation by all New Yorkers to reduce our
					 dependence on landfills and other disposal facilities;
WHEREAS, the Solid Waste Management Act of 1988, Chapter 70
					 of the Laws of 1988, requires all State agencies to institute a program to
					 source separate waste paper generated within state facilities by July 1, 1989,
					 and to source separate by July 1, 1990, all other wastes generated within such
					 facilities for which the full avoided costs of proper collection,
					 transportation and disposal of source separated material are equal to or
					 greater than the cost of collection, transportation and sale of the recovered
					 material less the amount received from the sale of such material;
WHEREAS, the Solid Waste Management Act of 1988 also
					 requires all public authorities, corporations, and commissions to source
					 separate waste paper by July 1, 1990, and requires such public authorities,
					 corporations, and commissions by July 1, 1991, to source separate all other
					 wastes generated within their facilities for which the full avoided costs of
					 proper collection, transportation and disposal of source separated material are
					 equal to or greater than the cost of collection, transportation and sale of the
					 recovered material less the amount received from the sale of such
					 material;
WHEREAS, the purchase of recycled products is necessary to
					 ensure a market for source separated materials, and State agencies are a major
					 purchaser of products;
WHEREAS, government must operate as an example to all New
					 Yorkers that waste reduction and recycling are essential elements of natural
					 resource conservation and of the State's integrated solid waste management
					 program;
NOW, THEREFORE, I, Mario M. Cuomo, Governor of the State of
					 New York, by the authority vested in me by the Constitution and Laws of the
					 State of New York, do hereby direct all State agencies to undertake those
					 efforts necessary to maximize all opportunities to reduce the amount of solid
					 waste generated, to recycle material recoverable from the solid waste
					 originating at their facilities, and to maximize the procurement of recycled
					 products.
I. PURPOSE AND OBJECTIVES
The purpose of this Order is to establish a program which
					 will strengthen the State's commitment to waste reduction and recycling through
					 increased effort at all State facilities to reduce waste generation, to source
					 separate recyclable materials from the workplace wastestream, and to maximize
					 the procurement of recycled products.
Toward that end, New York State agencies shall institute
					 the following practices.
-- All State agencies not presently obligated to institute
					 source separation programs shall, no later than April 1, 1991, institute a
					 program to source separate waste paper generated within their facilities,
					 regardless of whether such facilities are owned by the State or are buildings
					 leased and operated by the State, and such source separation programs shall be
					 included in all new and renewed leases entered into by the State where
					 feasible.
-- All State agencies not presently obligated to institute
					 source separation programs shall, no later than January 1, 1992, institute a
					 program to source separate all other wastes generated within their facilities,
					 regardless of whether such facilities are owned by the State or are buildings
					 leased and operated by the State, and such source separation programs shall be
					 included in all new and renewed leases entered into by the State where
					 feasible.
-- All State agencies obligated to institute source
					 separation programs shall, through employee education and installation of
					 necessary equipment, maximize their source separation programs for waste paper
					 and all other wastes generated within their facilities, regardless of whether
					 such facilities are owned by the State or are buildings leased and operated by
					 the State, and such source separation programs shall be included in all new and
					 renewed leases entered into by the State where feasible.
-- All State agencies shall use recycled paper for
					 letterhead and other paper uses unless the Office of General Services (OGS)
					 determines that recycled product is not available, is inadequate for the
					 purpose intended, or that the cost of the recycled paper exceeds the cost of
					 the non-recycled paper by more than ten percent.
-- All State agencies shall, consistent with applicable
					 law, purchase recycled products made from secondary materials, other than paper
					 products, unless the purchasing agency determines that no recycled product is
					 available, or is inadequate for the purpose intended, or that the cost of the
					 recycled product is not competitive. State agencies shall, if permitted by law,
					 purchase recycled products displaying the New York State recycling emblem, when
					 adopted. Recycled product shall mean any product which has been manufactured
					 from secondary materials as defined in subdivision one of section two hundred sixty-one  of the Economic Development Law.
-- Upon adoption by the Coalition of Northeastern Governors
					 (CONEG) Source Reduction Council of a program for industry implementation of
					 preferred packaging guidelines, all State agencies, wherever permitted by law
					 and where feasible, shall purchase products marketed in conformance with such
					 guidelines.
-- All State agencies shall use locally available compost,
					 mulch and soil amendments produced from secondary materials, as defined by the
					 Economic Development Law, provided the products meet State specifications,
					 comply with all applicable regulations, comply with Department of Environmental
					 Conservation (DEC) requirements for use and are available at no cost or a
					 reasonably competitive price.
-- All State agencies shall undertake waste reduction and
					 minimization efforts, which shall, at a minimum, include the use of "two-way"
					 envelopes and the purchase and use of double-sided copying equipment and other
					 efforts to encourage double-sided copying where reasonable.
-- The Department of Economic Development (DED) and the DEC
					 shall establish a Task Force with the dry-cell battery manufacturers to develop
					 a plan for reducing the toxicity of such batteries and for developing methods
					 and policies to achieve recovery of the batteries and the recycling thereof.
					 DED and DEC, in consultation with the Department of Health (DOH), shall
					 prepare, no later than January 1, 1993, a final plan regarding dry cell
					 batteries toxicity reduction and recycling. The plan shall include a schedule
					 for the development of collection systems capable of providing for the return
					 of all dry-cell batteries sold in New York State by no later than January 1,
					 1995, and procedures for reducing, to the maximum extent practicable, dry-cell
					 batteries as wastes by no later than January 1, 2000.
-- The Department of Transportation (DOT) shall undertake
					 efforts including research and consultation with DEC and DED to address any
					 technical or economic impediments to the use of recycled glass, rubber and
					 other materials as components in paving materials and shall identify measures
					 to overcome such impediments.
-- The Department of Economic Development shall work
					 jointly with DOT and industries toward developing within the State supply
					 sources of recycled materials for use as components of paving materials which
					 meet specifications as established pursuant to this Order. In addition, DED
					 shall prepare a report, in consultation with DEC, that outlines the issues and
					 quantifies the avoided costs in connection with the use of recycled materials
					 as components of paving materials. Such report shall be completed by September
					 1, 1991.
-- The Department of Transportation shall establish, no
					 later than July 1, 1991, specifications and engineering guidelines for the
					 beneficial use of recycled glass and rubber as components in paving materials
					 for road construction. Such specifications and guidelines shall be developed
					 after consultation with DED, DEC and DOH and shall be approved by OGS. All
					 appropriate State agencies shall give preference to these approved
					 specifications and guidelines beginning July 1, 1992 as long as the materials
					 meeting the approved specifications and guidelines can be obtained within
					 available funding and consistent with program requirements.
II. PROGRAM DESCRIPTION
Submission of Annual Reports
A. All State agencies shall report annually
				  on the recycled paper and recycled products purchased by that State agency and
				  the waste reduction activities implemented and planned. Such report shall
				  describe the agency's efforts regarding at least the following: Waste Reduction
				  Activities - existing status and proposed activities; Recycled Product
				  Procurement - description and quantities; Waste Recycling Activities -
				  description and quantities; Incentives and Disincentives to Waste Reduction and
				  Recycling; and Recommendations for Additional Measures to Encourage Wise Use of
				  the State's Resources.
B. Each
				  agency shall prepare its first annual report by August 1, 1991, and shall
				  prepare such reports annually thereafter for the preceding fiscal year. These
				  reports shall be submitted to OGS with copies to DEC and DED.
C. Each State agency shall provide to OGS a
				  description and detail of quantities of all recycled paper products purchased
				  under the provisions of The Solid Waste Management Act of 1988 and this
				  Executive Order which have not been purchased through OGS contracts.