Cole Rosengren reports for WasteDive

New York’s controversial commercial waste system — panned by critics as a dangerous “Wild West” and praised by supporters as open market competition at its finest — is now destined for its biggest shake-up in decades after the passage of major zoning legislation.

Intro. 1574-A gained momentum in recent weeks before its passage, despite opposition from some corners of the local industry that continued to the end. Ultimately, a dogged campaign by labor and environmental advocates – with backing from Mayor Bill de Blasio’s administration and New York City Council leadership – successfully secured the 34-14 vote.

“Many people told me today would never happen, that the system was too complex to be meaningfully reformed, that the politics were too difficult. And until today history had proven those naysayers right,” said Council Member Antonio Reynoso, the bill’s primary champion, speaking from the council floor yesterday afternoon. “However, I knew that we had justice on our side, that ours was the righteous cause. We’ve persisted for six straight years to reach today’s vote and I am gratified to say to you today that the righteous cause has prevailed.” 

Once signed into law by de Blasio, the bill will authorize the city’s Department of Sanitation (DSNY) to divide New York into a framework of 20-plus zones available for competitive solicitation. Each zone will have up to three companies. There will also be five citywide contracts for containerized service. No company will be able to operate in more than 15 zones. Bidders will be required to meet numerous safety and environmental standards in order to win the 10-year deals.

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These changes come amid ongoing attention to a history of long routes, fatal crashes, uneven pricing, and wage and safety issues for workers. While industry representatives have sought to clarify that New York already has fewer companies left than the 90 often cited, and say the current system could still be reformed, momentum has not been in their favor. After passing a long-delayed “waste equity” bill to reduce transfer station capacity in select neighborhoods last year, council leadership has been keen to seal the deal with this more ambitious proposal.

“For too long the private carting industry has been able to operate without adequate safeguards to ensure air quality and street safety,” said Speaker Corey Johnson yesterday. “Waste hauling vehicles are needlessly driving through our communities increasing air pollution that negatively impacts public health and that emits greenhouse gas emissions that contributes [sic] to the climate crisis and emergency that our city, country and world is facing.”

Numerous other supporters, including the Transform Don’t Trash Coalition, heralded the bill’s passage as a historic moment for environmental justice and labor rights. International Brotherhood of Teamsters General President James P. Hoffa even weighed in, applauding Joint Council 16 and others for “putting an end to the ‘race to the bottom’ in the city’s sanitation industry.”

The council also passed three other bills with commercial waste implications. Most notably, the Business Integrity Commission’s authority will now be officially expanded – after some debate last year over whether the expansion was necessary – beyond its foundational corruption focus.

“I am proud that the New York City Council passed the BIC safety legislation, adding traffic safety to BIC’s mission. As part of this new mandate, BIC can consider the traffic safety records of its licensees, registrants and applicants when making licensing decisions. Additionally, BIC will be able to establish rules to help make the trade waste industry in New York City safer,” said BIC Commissioner Noah Genel in a statement to Waste Dive.

Opponents react

While Wednesday’s outcome didn’t come as a surprise, the gravity of what is in store appeared to be setting in for many of the plan’s detractors. 

“We are more than disappointed that this misguided law will destroy dozens of local companies, many with 50 years or more of service, and displace hundreds of workers (mostly people of color and many second-chance [workers] making good money for hard and thankless work),” said Kendall Christiansen, executive director of anti-zoning group New Yorkers for Responsible Waste Management, in a pre-vote statement. “Just like when Los Angeles eliminated competition as the basis for this essential service, no choice, price increases and declining service will become very real to New York’s businesses and industries, with questionable environmental benefits.”

The National Waste & Recycling Association (NWRA), which has also been opposed via a local chapter, framed its comments around transition uncertainties to a “governmentally-controlled” zone system.

“[O]ur eyes and ears will now shift to the process involving how the city actually goes about implementing and administering its new commercial waste zone collection system. There is so much yet undefined – and so much work left to do for this coming commercial waste system change – that it is premature to conjecture what the process will yield in terms of our industry’s response,” said Steve Changaris, vice president of the Northeast region, who pledged to remain engaged in the process.

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