[HISTORY: Adopted by the Board of Commissioners
of the Town of West New York as indicated in article histories. Amendments
noted where applicable.]
[Adopted 10-2-2019 by Ord. No. 17/19]
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WHEREAS, the Town of West New York ("Town") seeks to protect
the socioeconomic status, the environment, and the health and safety
of its citizens, staff and visitors; and
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WHEREAS, the Town seeks to purchase products to reduce overall
consumption and products with reduced life cycle impact, and support
local and diverse businesses; and
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WHEREAS, the Town seeks to purchase products that include recycled
content, are durable and long-lasting, conserve energy and water,
reduce greenhouse gas emissions, are lead-free and mercury-free, and
use wood from sustainably harvested forests (FSC) when and where possible;
and
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WHEREAS, pursuant to N.J.S.A. 40:48-2, the Town has the power
to adopt ordinances necessary and proper for the protection of persons
and property, and the preservation of the public health, safety and
welfare; and
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WHEREAS, the objectives of this article are to:
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Conserve natural resources;
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Minimize environmental impacts such as pollution and use of
water and energy;
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Eliminate or reduce toxins that create hazards to workers and
our community;
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Support strong recycling markets;
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Reduce materials that are routinely land filled or disposed
of;
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Increase the use and availability of environmentally preferable
products that protect the environment;
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Identify environmentally preferable products and associated
distribution systems;
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Reward manufacturers and vendors with contracts that reduce
environmental impacts in their production and distribution systems
or services;
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Collect and maintain up-to-date information regarding manufacturers,
vendors and other sources for locating/ordering environmentally preferable
products;
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Create a model for successful purchasing of environmentally
preferable products that encourages other purchasers in our community
to adopt similar goals; and
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WHEREAS, the Town's purchasing department and members of
the Green Team shall research, evaluate, and implement the environmental
purchasing objectives. The Green Team Committee shall focus its research,
evaluation and the implementation of the policy in the following areas:
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Recycled content products (e.g., paper products, playground/recreation
equipment, toner/printer cartridges, motor oils and lubricants, furniture,
carpets and flooring materials, matting, plastic/composite lumber/building
materials, trash bags, parking stops, ceiling tiles, etc.);
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Less harmful and nontoxic materials and processes (e.g., janitorial/cleaning
products, pest management chemicals, phosphates, paint, solvents,
fuels, etc.);
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Energy- and water-efficient products and processes (e.g., solar
applications, energy-efficient lighting, ENERGY STAR® appliances, water-saving devices, vehicles and motorized equipment,
etc.);
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Natural resource and landscaping management (e.g., integrated
pest and vegetation management, drought tolerant/indigence plants
and shrubs, recycled mulches and natural compost, etc.);
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Renewable products (e.g., FSC certified forests products, renewable
energy resources, etc.);
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Disposal and pollution reduction (e.g., integrated waste management,
duplex copies, retread tires, reusable holiday trees, etc.);
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Packaging (e.g., reusable boxes, recycled packing materials,
bulk packaging, etc.);
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Green building program (e.g., using recycled products in the
construction and renovation, disposal of building materials in an
environmentally sensitive manner, designing and renovating for energy
and resources conservation);
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WHEREAS, the Town is aware that the evaluation and implementation
phases of this article will require changes in awareness, behaviors,
practices, and operating procedures, and to the extent possible, it
is the Town's intention to have a participative process as it
researches, evaluates, and implements the environmentally preferable
purchasing procedures:
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A.
Specifications.
(1)
Source reduction.
(a)
The Town shall institute practices that reduce waste and result
in the purchase of fewer products whenever practicable and cost-effective,
but without reducing safety or overall workplace quality.
(b)
Products that are durable, long-lasting, reusable or refillable
shall be preferred whenever available and practicable.
(c)
Documents shall be printed and photocopied on both sides to
reduce use and the purchase of photocopy paper.
(d)
Papers shall be printed in black and white instead of color,
whenever and where practicable.
(e)
Office lights shall be turned off at the end of the work day.
(f)
Turning off the computers when they are not in use, especially
overnight.
(g)
Suppliers of electronic equipment, including but not limited
to computers, monitors, printers, fax machines and photocopiers, shall
be required to take back the equipment for reuse or environmentally
safe recycling when the Town discards or replaces such equipment,
whenever and where practicable.
(h)
The Town shall consider short-term and long-term costs in comparing
product alternatives, when feasible. This includes the evaluation
of the total costs expected during the lifetime of the product, including
but not limited to, acquisition, extended warranties, operation, supplies,
maintenance, disposal costs and expected lifetime compared to other
alternatives.
(2)
Recycled-content products.
(a)
All products for which the United States Environmental Protection
Agency (U.S. EPA) has established minimum recycled content standard
guidelines in the Agency's comprehensive procurement guidelines
(e.g., printing paper, photocopy paper, janitorial paper products,
construction, landscaping, parks and recreation, transportation, vehicles,
miscellaneous and nonpaper office products), shall contain the highest
postconsumer content practicable to the application, but no less than
the minimum recycled content standards established by the U.S. EPA
guidelines.
(b)
Photocopiers and printers purchased or leased by the Town shall
be compatible with the use of recycled content and remanufactured
products.
(c)
All preprinted recycled content papers intended for distribution
that are purchased or produced shall contain a statement that the
paper is recycled.
(d)
The Town shall purchase re-refined lubricating and industrial
oil for use in its vehicles and other motorized equipment, as long
as it is certified by the American Petroleum Institute (API) as appropriate
for use in such equipment.
(e)
The Town shall specify and purchase recycled content transportation
products, including signs, traffic cones, parking stops, delineators,
and barricades, which shall contain the highest postconsumer content
practicable.
(3)
Energy and water savings.
(a)
Where applicable, energy-efficient equipment shall by purchased
with the most up-to-date energy efficiency functions. This includes,
but is not limited to, high-efficiency space heating systems and high-efficiency
space cooling equipment.
(b)
When practicable, the Town shall replace inefficient interior
lighting with energy-efficient equipment and bulbs.
(c)
When practicable, the Town shall replace inefficient exterior
lighting, street lighting, and traffic signal lights with energy-efficient
equipment and bulbs. Exterior lighting shall be minimized when and
where possible to avoid unnecessary lighting of architectural and
landscape features while providing adequate illumination for safety
and accessibility.
(d)
All products purchased by the Town and for which the U.S. EPA
ENERGY STAR® certification is available
(e.g., kitchen appliances, air conditioning, heating, televisions)
shall meet ENERGY STAR® certification,
when practicable available. When Star labels are not available, the
Town shall choose energy-efficient products that are in the upper
25% energy efficiency as designated by the Federal Energy Management
Program.
(e)
The Town shall purchase water-saving/conservation products.
This includes, but is not limited to, high-performance fixtures such
as toilets, low-flow faucets and aerators, and upgraded landscape
irritation systems.
(4)
Green buildings and design. All building and renovations undertaken
by the Town shall follow green building practices design, construction,
and operation, where appropriate and practicable, as described in
the LEED IM Rating System. Architects and engineers procured for said
work shall be required to have LEED-certified members on their staff
assigned to the project when and where practicable.
(5)
Landscaping and hardscaping.
(a)
All landscape renovation, construction and maintenance performed
by the Town, including workers and contractors providing landscaping
services for the Town, shall employ sustainable landscape management
techniques for design, construction and maintenance whenever and where
possible, including but not limited to, integrated pest management
(IPM), grass recycling, drip irrigation, composting, and the procurement
and use of mulch and compost that give preference to those products
produced from regionally generated plant debris and/or food and sludge
waste programs.
(b)
Native plants shall be selected to minimize waste by choosing
species for purchase that are appropriate to the microclimate, species
that can grow to their natural size in the space allotted to them,
and perennials rather than annuals for color variations should be
utilized.
(c)
Hardscapes and landscape structures constructed of recycled
content materials are encouraged.
(d)
The Town shall limit the amount of the impervious surfaces in
the landscape. Permeable substitutes, such as porous asphalt, are
encouraged for walkways, patios, and driveways.
(6)
Toxic and pollution.
(a)
The Town shall utilize products with the lowest amount of volatile
organic compounds (VOCs), highest recycled content, and low or no
formaldehyde or lead when practicable when purchasing materials such
as paint, carpeting, flooring materials, adhesives, furniture, filing
cabinetry, ceiling tiles, coving, moldings and casework.
(b)
The Town shall purchase photocopier paper, paper products, and
janitorial paper products that are unbleached or that are processed
without chlorine or chlorine derivatives, whenever and where possible,
and that possess a minimum of 30% recycled postconsumer waste content.
(c)
The use of chlorofluorocarbon, Halon- and Freon-containing refrigerants,
solvents and other products shall be phased out and new purchases
of heating/ventilating air conditioning, refrigeration, insulation
and fire-suppression systems shall not contain them.
(7)
Forest conservation.
(a)
The Town shall not procure wood products such as, lumber and
paper that originate from forests harvested in an environmentally
unsustainable manner. When possible, the Town shall give preference
to wood products that are certified to be sustainably harvested by
a comprehensive, performance-based certification system. The certification
system shall include independent third-party audits when available.
(b)
The Town encourages the purchase or use of previously utilized
and/or salvaged wood and wood products when available.
(8)
Bio-based products.
(a)
The Town is encouraged to purchase biobased products, whenever
and when available, following the standards:
[1]
Biobased plastic products that are biodegradable and compostable,
such as bags, film, food and beverage containers, and cutlery, are
encouraged whenever practicable.
[2]
Compostable plastic products purchased shall meet American Society
for Testing and Materials (ASTM) standards as found in ASTM D6400-04.
Biodegradable plastics used as coating on paper and other compostable
substrates shall meet ASTM D6868-03 standards.
[3]
Proof of compliance with ASTM standards for compostable plastic
products shall be the certification by the Biodegradable Products
Institute (BPI).
(b)
Vehicle fuels made from nonwood, plant-based contents such as
vegetable oils are encouraged when available.
(c)
Paper and construction products made from nonwood, plant-based
contents such as agricultural crops and residues are encouraged when
available.
B.
Priorities.
(1)
The health and safety of West New York employees and citizens is
of the utmost importance and takes precedence over all other policies
and practices.
(2)
Nothing contained in this article shall be construed as requiring
the Town, Purchasing Agent, Town Administrator, or contractor to procure
products that do not perform adequately for their intended use, exclude
adequate competition, or are not available at a reasonable price in
a reasonable period of time.
(3)
Nothing contained in this article shall be construed as requiring
the Town, Purchasing Agent, Business Administrator, or contractor
to take any action that conflicts with local, state or federal requirements.
C.
Implementation.
(1)
The Town Administrator, Purchasing Agent, Director of Finance, using
agency, and other positions responsible shall implement this article
in coordination with other appropriate Town personnel.
(2)
As applicable, successful bidders shall certify in writing that the
environmental attributes claimed in competitive bids are accurate.
In compliance with New Jersey State Law, vendors shall be required
to specify the minimum or actual percentage of recovered and postconsumer
material in their products, even when such percentages are zero.
(3)
Upon request, the Town Administrator, Purchasing Agent, or using
agency making the selection from competitive bids shall be able to
provide justification for product choice that do not meet environmentally
preferable purchasing criteria in this article.
(4)
Contractors, grantees and vendors shall be encouraged to comply with
applicable sections of this article for products and services provided
to the Town, where practicable.
D.
Evaluation. The Town Administrator, Purchasing Agent, using agency,
and other positions responsible for implementing this article shall
periodically meet and evaluate the success of implementation.
ASTM International, an open forum for the development of
high-quality, market-relevant international standards used around
the globe.
Commercial or industrial products (other than food or feed)
that utilize agricultural crops or residues but does not include products
made from forestry materials.
The degradation of the plastic must occur as a result of
the action of naturally occurring microorganisms.
A multi-stakeholder association of key individuals and groups
from government, industry and academia, which promotes the use and
recycling of biodegradable polymeric materials (via composting). BPI
does not create standards but certifies products that demonstrate
they meet the requirements in ASTM D6400 or D6868, based on testing
in an approved laboratory.
Anyone authorized to purchase or contract for purchases on
behalf of the Town or its subdivisions.
Products processed without chlorine or chlorine derivatives.
Plastic that is biodegradable during composting to yield
carbon dioxide, water and inorganic compounds and biomass, at a rate
consistent with other known compostable materials and leaves no visually
distinguishable or toxic residues.
Any person, group of persons, business, consultant, designing
architect, association, partnership, corporation, supplier, vendor
or other entity that has a contract with the Town or serves in a subcontracting
capacity with the Town or with an entity having a contract with the
Town for the provision of any goods or services.
Plastic that undergoes significant changes in its chemical
structure under specific environmental conditions.
A group of chemical compounds that are classified as persistent,
bioaccumulative, and toxic by the U.S. Environmental Protection Agency
(EPA).
A procurement tool to help institutional purchasers in the
public and private sectors evaluate, compare and select desktop computers,
notebooks and monitors based on their environmental attributes.
The U.S. EPA's energy-efficiency product labeling program.
A product that is in the upper 25% of energy efficiency for
all similar products, or that is at least 10% more efficient than
the minimum level that meets federal standards and guidelines.
A program of the Department of Energy that issues a series
of product energy-efficiency recommendations that identify recommended
efficiency levels for energy-using products.
A global organization that certifies responsible, on-the-ground
forest management according to rigorous standards developed by a broad
variety of stakeholder groups.
A whole-systems approach to the design, construction, and
operation of buildings and structures that helps mitigate the environmental,
economic, and social impacts of construction, demolition, and renovation.
Green building practices, such as those described in the LEED IM Rating
System, recognize the relationship between natural and built environments
and seeks to minimize the use of energy, water, and other natural
resources and provide a healthy productive environment.
An independent, nonprofit environmental labeling organization.
Green Seal standards for products and services meet the U.S. EPA's
criteria for third-party certifiers. The Green Seal is a registered
certification mark that may appear only on certified products.
An ecosystem-based strategy that focuses on long-term prevention
of pests or their damage through a combination of techniques such
as biological control, habitat manipulation, modification of cultural
practices, and use of resistant varieties. Pesticides are used only
after monitoring indicates they are needed according to established
guidelines, and treatments are made with the goal of removing only
the target organism. Pest control materials are selected and applied
in a manner that minimizes risks to human health, beneficial and nontarget
organisms, and the environment.
The most recent version of the Leadership in Energy and Environmental
Design (LEEDTM) Commercial Green Building Rating System, or other
related LEED IM Rating System, approved by the U.S. Green Building
Council and designed for rating new and existing commercial, institutional,
and high-rise residential buildings.
Prohibits the use and application of toxic chemical pesticides
and strives to prevent pest problems through the application of natural,
organic horticultural and maintenance practices. All pest-control
products shall be in keeping with, but not limited to, those products
on the approved list of New Jersey Certified Organic Foods (NJOF).
A finished material which would normally be disposed of as
a solid waste, having reached its intended end-use and completed its
life cycle as a consumer item, and does not include manufacturing
or converting wastes.
Whenever possible and compatible with local, state and federal
law, without reducing safety, quality, or effectiveness and where
the product or service is available at a reasonable cost in a reasonable
period of time.
Material or by-products generated after manufacture of a
product is completed but before the product reaches the end-use consumer.
Preconsumer material does not include mill and manufacturing trim,
scrap or broke which is generated at a manufacturing site and commonly
reused on-site in the same or another manufacturing process.
Fragments of products or finished products of a manufacturing
process, which has converted a resource into a commodity of real economic
value, and includes pre-consumer and postconsumer material but does
not include excess resources of the manufacturing process.
The percentage of recovered material, including pre-consumer
and postconsumer materials, in a product.
The minimum level of recovered material and/or postconsumer
material necessary for products to qualify as recycled products.
A product that meets the Town's recycled content policy
objectives for postconsumer and recovered material.
Any product diverted from the supply of discarded materials
by refurbishing and marketing said product without substantial change
to its original form.
Any product designed to be used many times for the same or
other purposes without additional processing except for specific requirements
such as cleaning, painting or minor repairs.
Refers to products that result in a net reduction in the
generation of waste compared to their previous or alternate version
and includes durable, reusable and remanufactured products; products
with no, or reduced, toxic constituents; and products marketed with
no, or reduced, packaging.
The national trade association representing the carpet and
rug industry. CRI has developed and administered the "Green Label"
indoor air quality testing and labeling program for carpet, adhesives,
cushion materials and vacuum cleaners.
The Comprehensive Procurement Guidelines established by the
U.S. Environmental Protection Agency for federal agency purchases
as of May 2002 and any subsequent versions adopted.
Those that are in the upper 25% of water conservation for
all similar products, or at least 10% more water-conserving than the
minimum level that meets the federal standards.
The provisions of this article are declared to be severable,
and if any section, subsection, sentence, clause or phrase thereof
for any reason be held to be invalid or unconstitutional, such decision
shall not affect the validity of the remaining sections, subsections,
sentences, clauses and phrases of this article, but shall remain in
effect; it being the legislative intent that this article shall stand,
notwithstanding the invalidity of any part.
