L.L. 2016/136

Enactment date: 11/2/2016  

Preconsidered Int. No. 1341

By Council Members Treyger and Kallos (by request of the Mayor)

A Local Law in relation to special provisions for approval of demolition and construction work by city contractors under the "build it back" disaster recovery program

Be it enacted by the Council as follows:

Section 1. Intent. The city has implemented a disaster recovery program known as the build it back program for the recovery of residential property damaged or destroyed in the severe storm known as Sandy that occurred on October 29 and October 30 in 2012. The purpose of this local law is to expedite such recovery by implementing special procedures for the review and approval of demolition and construction work by city contractors under such program, consistent with public safety.

§ 2. Definitions.

   a.   Unless otherwise indicated in subdivision b of this section, the terms used in this local law have the meanings ascribed to such terms in title 28 of the administrative code of the city of New York.

   b.   As used in this local law:

      Build it back program. The term "build it back program" means the disaster recovery program funded by a community development block grant pursuant to the disaster relief appropriations act of 2013 and implemented by the city for recovery of residential property damaged or destroyed in the severe storm known as Sandy that occurred on October 29 and October 30 in 2012.

      Contracting agency. The term "contracting agency" means, with respect to work performed under the build it back program, and funded through (i) a contract held by the department of environmental protection, (ii) a contract held by the department of design and construction or (iii) a disbursement agreement held by the department of housing preservation and development, the agency holding such contract or disbursement agreement.

§ 3. Applicability. This local law applies only to one- to four-family dwellings enrolled in the build it back program, where work on such dwellings is funded through a contract or disbursement agreement held by a contracting agency.

§ 4. Full demolition of detached one- to four-family dwellings. Notwithstanding any inconsistent provision of sections 28-104.1 and 28-105.1 of the administrative code, the full demolition of a detached one- to four-family dwelling funded through a contract or disbursement agreement held by a contracting agency under the build it back program, which would otherwise require construction document approval and a permit, may be performed without such approval and permit, consistent with public safety, subject to the following conditions:

   (1)   A complete application for approval of construction documents and issuance of a permit, including all required submittal documents, shall be submitted to the department of buildings as soon as practicable after the completion of the demolition work. The department of buildings will not issue a new building permit for the site of the demolition until a complete application for the demolition is submitted.

   (2)   The work is performed under the supervision of a registered design professional designated by the contracting agency.

   (3)   For demolition by hand held devices, or where mechanical equipment is used only for foundation removal, such registered design professional, or a qualified individual with experience in demolition operations designated by the contracting agency under the supervision of such registered design professional is at the site to monitor the demolition from the commencement of the work until its completion. In all other instances where mechanical demolition equipment, other than hand held devices, is being used, such registered design professional shall be at the site to monitor the demolition from the commencement of the work until its completion.

   (4)   The registered design professional ensures that all required documentation and certifications relating to compliance with the provisions of title 28 of the administrative code and other applicable law have been obtained before commencement of demolition work, except where such documentation or certification is waived by the certifying authority. Such documentation and certifications shall be maintained at the site and available for inspection by the department of buildings.

   (5)   Where section 3306.5.1 of the New York city building code applies to such demolition, documents complying with such section shall be prepared and professionally certified by a registered design professional for compliance with the New York city construction codes, including the certification that any alternate means of protection of adjoining properties are equally safe as those required by such codes, before commencement of the demolition and shall be available at the site for inspection by the department of buildings.

§ 5. Option for buildings with outstanding pre-existing violations or pre-existing permits not signed off. Notwithstanding any inconsistent provision of sections 28-118.3.2 or 28-118.3.3 of the administrative code at the option of the owner and subject to the discretion of the mayor's office of housing recovery, the elevation of a one- to four-family dwelling funded through a contract or disbursement agreement held by a contracting agency under the build it back program that would otherwise require the issuance of a certificate of occupancy by the department of buildings before re-occupancy of such dwelling, may be performed under a permit that will allow such dwelling to be occupied by the owner without a new certificate of occupancy or under its last issued certificate of occupancy, if any. Under this option, the owner may re-occupy the building after the issuance of a letter of completion for such work. Such letter of completion may be issued notwithstanding pre-existing violations or pre-existing permits that have not been signed off. The contracting agency must notify the owner before undertaking the elevation of a one- to four-family dwelling under this option, that although such dwelling may be occupied by the owner without the issuance of a new certificate of occupancy or under the last issued certificate of occupancy, if any, any inconsistency with such last issued certificate of occupancy or not obtaining a new certificate of occupancy may have an impact on the ability of such owner to obtain a mortgage or sell such dwelling and that all pre-existing violations and pre-existing permits that have not been signed off will remain in effect and must be remedied before the department of buildings will issue a new certificate of occupancy for such dwelling. The mayor's office of housing recovery shall establish guidelines for the exercise of its discretion pursuant to this section to exclude the use of this option where the pre-existing violations consist of work without a permit that substantially increased the square footage of the dwelling or where the pre-existing violations are of such a nature that there is no reasonable expectation that the violations will be corrected in the future.

§ 6. Letter of completion where no certificate of occupancy is required. Where a letter of completion is required for the alteration of a one- to four-family dwelling funded through a contract or disbursement agreement held by a contracting agency under the build it back program, such letter may be issued notwithstanding pre-existing violations or pre-existing permits that have not been signed off. This section shall not apply where, in accordance with sections 28-118.3.2 or 28-118.3.3 of the administrative code, such work would require the issuance of a new certificate of occupancy.

§ 7. Waiver of penalties by the department of buildings. Notwithstanding the provisions of sections 28-213.1.1, 28-213.1.2 and 28-213.3 of the administrative code, civil penalties that may be imposed for pre-existing violations for work without a permit which would otherwise be required to be paid before the issuance of a permit shall be waived by the department of buildings with respect to permits for work on one- to four-family dwellings funded through contracts or disbursement agreements with contracting agencies under the build it back program. Any necessary permits for such work shall be issued, provided all other requirements for such permits are met.

§ 8. Except as specifically provided, nothing in this local law is intended to grant authorization for any work to be done in any manner in violation of the provisions of the New York city construction codes, the zoning resolution or any other law or rules.

§ 9. This local law takes effect immediately.

L.L. 2016/140

Enactment date: 11/16/2016  

Int. No. 1017-C

By Council Members Lander, Levin, Johnson, Cumbo, Espinal, Chin, Mendez, Ferreras-Copeland, Constantinides, Richards, Rose, Torres, Kallos, Reynoso, Rodriguez, Levine, Treyger, Van Bramer, Gentile, Cabrera, Menchaca, Dickens, Rosenthal, Koslowitz, Miller, Palma, Salamanca, Williams, Cornegy, Gibson, Cohen, Ulrich and the Public Advocate (Ms. James)

A Local Law to amend the administrative code of the city of New York, in relation to protections for freelance workers

Be it enacted by the Council as follows:

* * *

[Consolidated provisions are not included in this Appendix A]

* * *

§ 3. This local law takes effect 180 days after it becomes law and applies only to contracts entered into on or after the effective date of this local law, except that the director shall take any actions necessary for the implementation of this local law, including the promulgation of rules, before such date.

L.L. 2016/143

Enactment date: 11/16/2016  

Int. No. 1191-A

By Council Members Levin, Grodenchik, Dromm, Salamanca, Eugene, Richards, Chin, Miller, Johnson, Cohen, Menchaca, Lander, Van Bramer, Rosenthal and Kallos

A Local Law to amend the administrative code of the city of New York, in relation to a five-year plan to address barriers to permanency

Be it enacted by the Council as follows:

* * *

[Consolidated provisions are not included in this Appendix A]

* * *

§ 2. This local law takes effect immediately and is deemed repealed 15 years after it becomes law.

L.L. 2016/144

Enactment date: 11/16/2016  

Int. No. 1192-A

By Council Members Levin, Richards, Dickens, Dromm, Salamanca, Eugene, Chin, Grodenchik, Miller, Johnson, Cohen, Menchaca, Lander, Van Bramer, Rosenthal and Kallos

A Local Law in relation to a foster care task force

Be it enacted by the Council as follows:

Section 1.

   a.   There shall be an interagency task force to issue recommendations for improving services for youth in foster care and outcomes for youth aging out of foster care.

   b.   The task force shall consist of 21 members which shall be:

      1.   the commissioner of children's services, or their designee, who shall serve as chair;

      2.   the commissioner of the department of social services, or their designee;

      3.   the chancellor of the city school district, or their designee;

      4.   the commissioner of youth and community development, or their designee;

      5.   the commissioner of health and mental hygiene, or their designee;

      6.   the chairperson of the New York city housing authority, or their designee;

      7.   six members appointed by the mayor, including one member who shall represent foster care service providers, one member who shall represent advocacy organizations with relevant expertise, one youth currently in foster care and two youth who have aged out of the system in the previous 48 months, and one member who shall be a birth parent of a child who has spent a period of time in the child welfare system;

      8.   six members appointed by the speaker of the city council, including one member who shall represent foster care service providers, one member who shall represent advocacy organizations with relevant expertise, one youth currently in foster care and two youth who have aged out of the system in the previous 48 months, and one member who shall be a birth parent of a child who has spent a period of time in the child welfare system;

      9.   the speaker of the city council, or their designee, and the chairperson of the council committee on general welfare, or their designee; and

      10.   the public advocate, or their designee.

   c.   All members shall be appointed within 60 days of the enactment of this local law. All members of such task force shall serve without additional compensation. No member of the task force shall be removed except for cause and upon notice and hearing by the appropriate appointing official. Any vacancies in the membership of the task force shall be filled in the same manner as the original appointment.

   d.   Such task force shall submit a report of its findings and recommendations to the mayor and the council no later than 14 months after the effective date of the local law that added this section. Such recommendations shall address areas including, but not limited to education, housing, financial literacy, health and mental health services, parenting, decreasing the number of youth who age out of foster care, post-permanency services, and prioritizing permanent placements of youth with families before they age out. Annual reports on the implementation of such recommendations shall be submitted to the mayor and the council no later than 12 and 24 months following the submission of the initial report, after which the task force will cease to exist. Each report required pursuant to this section shall be posted on the administration for children's services' website.

§ 2. This local law takes effect immediately and is expired and deemed repealed three years after the date of the local law that added this section.

L.L. 2016/157

Enactment date: 12/6/2016  

Int. No. 1100-A

By Council Members Vacca, Williams, Palma, Richards, Gentile, Rodriguez, Crowley, Rosenthal, Menchaca, Lander, Cohen, Van Bramer, Levin and Kallos

A Local Law to amend the New York city housing maintenance code and the New York city building code, in relation to requiring the installation of natural gas detecting devices, and to repeal sections 27-2045, 27-2046, 27-2046.1 and 27-2046.2 of the administrative code of the city of New York, relating to smoke detecting devices and carbon monoxide detecting devices

Be it enacted by the Council as follows:

Section 1. Where an industry standard concerning the use of natural gas detecting devices in residential buildings has been promulgated on or after the effective date of the local law that added this section, the commissioner of buildings shall, within 180 days, by rule, establish or adopt a standard governing the installation and location of single- or multiple-station alarms responsive to natural gas.

* * *

[Consolidated provisions are not included in this Appendix A]

* * *

§ 9. This local law takes effect immediately, except that sections two through eight of this local law shall take effect on May 1 of the first year that commences after the commissioner of buildings adopts the rule required by section one of this local law, and except that such commissioner and the commissioner of housing preservation and development may take such measures as are necessary for the implementation of such sections, including the promulgation of rules, before such effective date. Upon adoption of the rule required by section one of this local law, the commissioner of buildings shall notify the New York state legislative bill drafting commission, in order that the commission may maintain an accurate and timely effective database of the official text of the New York city charter and administrative code in furtherance of effectuating the provisions of section 70-b of the public officers law, and the corporation counsel, who shall notify relevant publishers in furtherance of effectuating the provisions of section 7-111 of the administrative code. Failure to provide the notifications described in this section shall not affect the effective date of any section of this local law.

L.L. 2016/158

Enactment date: 12/6/2016  

Int. No. 1101

By Council Members Williams, Palma, Richards, Gentile, Rodriguez, Crowley, Rosenthal, Menchaca, Cohen, Van Bramer, Levin, Kallos and Ulrich

A Local Law in relation to a temporary waiver of penalties for violations relating to fuel gas piping systems and appliances that are promptly repaired

Be it enacted by the Council as follows:

Section 1.

   a.   The commissioner of buildings shall establish a temporary fuel gas violation resolution program. Such program shall allow owners of buildings with fuel gas piping systems or appliances that were designed, installed, modified or maintained in violation of any provision of the New York city construction codes, or rules promulgated pursuant thereto, to bring such systems or appliances into compliance with such codes and rules without the imposition of civil or criminal penalties.

   b.   Eligibility to participate in such program shall be restricted to building owners who (i) own one or more buildings in the city in which fuel gas piping systems or appliances have been, on or before the effective date of this local law, designed, installed, modified or maintained in violation of the New York city construction codes, or rules promulgated thereto, and (ii) before the end of the sixth month that commences after the effective date of this local law, commence work to bring all fuel gas piping systems and appliances under the control of such owner into compliance with the New York city construction codes and rules promulgated pursuant thereto; provided that such work is diligently carried out and completed to the satisfaction of such commissioner.

   c.   Notwithstanding any other local law or rule, no civil or criminal penalty shall be imposed for a violation of the New York city construction codes, or rules promulgated pursuant thereto, issued on or after the effective date of this local law and relating to fuel gas piping systems or appliances for a building under the control of a building owner participating in such program.

   d.   The commissioner of buildings shall conduct outreach to building owners concerning such program and shall post information regarding such program on the website of the department of buildings.

§ 2. This local law takes effect 120 days after it becomes law, except that the commissioner of buildings may promulgate rules or take other actions for the implementation of this local law prior to such effective date.

L.L. 2016/160

Enactment date: 12/6/2016  

Int. No. 1124-A

By Council Members Constantinides, Rodriguez, Richards, Cornegy, Cabrera, Greenfield, Rose, Chin, Espinal, Ferreras-Copeland, Garodnick, Gentile, Grodenchik, Koo, Lander, Levin, Torres, Treyger, Vallone, Van Bramer, Menchaca, Cohen, Kallos, Lancman, Rosenthal, Levine, Deutsch, Johnson, Crowley, Koslowitz, Salamanca, Vacca and Ulrich

A Local Law in relation to establishing an electric vehicle charging station pilot program

Be it enacted by the Council as follows:

Section 1. Electric vehicle charging station pilot program.

   a.   The city shall establish a pilot program to install electric vehicle charging stations. As part of such program, no later than March 1, 2018, 25 publicly accessible electric vehicle charging stations shall be installed in the city, provided that at least two such electric vehicle charging stations shall be installed in each of the city's five boroughs. The department of transportation shall post the location of such electric vehicle charging stations on its website.

   b.   Commencing in 2018, the advisory committee established pursuant to section 19-101.5 of the code shall include within its annual recommendations pursuant to such section information regarding the pilot program established pursuant to this local law, including, to the extent such information is available, the cost of such pilot program, the rate of utilization of each charging station installed pursuant to such pilot program, recommendations with respect to expanding or making such pilot program permanent, and any other recommendations regarding such pilot program or the installation of electric vehicle charging stations in the city, including the feasibility of on-street electric vehicle charging. Notwithstanding any inconsistent provision of law, following the submission of such committee's recommendations in 2019, and on or before March 1, 2020, such committee shall post online and provide to the speaker of the council a written report on the impact of such pilot program, including any recommendations regarding the installation of electric vehicle charging stations in the city.

   c.   Such pilot program shall cease to exist on March 1, 2020.

§ 2. This local law takes effect immediately.

L.L. 2016/161

Enactment date: 12/6/2016  

Int. No. 1138-A

By Council Members Barron, Chin, Dickens, Dromm, Rose, Cohen, Williams, Cornegy, Kallos, Rodriguez, Rosenthal, Richards, Palma, Lander, Levin, Vallone, Lancman, Gentile and the Public Advocate (Ms. James)

A Local Law to establish a task force on affordability, admissions, and graduation rates at the City University of New York

Be it enacted by the Council as follows:

Section 1. Task force on affordability, admissions, and graduation rates at the City University of New York.

   a.   There is hereby established a temporary task force to examine ways to increase affordability and admission to the City University of New York, including the feasibility of eliminating tuition at the University and, to the extent appropriate, develop recommendations for addressing such matters.

   b.   The task force shall be composed of 13 members, who shall include:

      1.   the public advocate, or their designee;

      2.   the speaker of the city council or their designee;

      3.   seven members as appointed by the mayor, including one member who shall represent faculty of the City University of New York, one member who is a non-student member of the board of trustees of the City University of New York, one member with expertise in the finance and management of public institutions of higher education, one member with expertise in improving student performance in higher education, one member with expertise in management and budgetary operations, one member who shall represent advocacy organizations with relevant experience in improving college affordability and admissions, and one additional member; and

      4.   four members, as appointed by the speaker of the city council, including one member who shall represent students at the City University of New York, one member who shall represent advocacy organizations with relevant experience in improving college affordability and access, one member who has expertise in state and municipal budgeting and finance, and one additional member.

   c.   All members shall be appointed within 90 days of the enactment of this local law. Members of the task force shall serve without compensation and shall meet no less than three times before the task force is required to issue a report. Members of the task force shall also meet when deemed necessary by the chair or upon the written request of at least three members of the task force, provided that no meeting of the task force shall be held without at least 30 days' notice to the members of the task force. No member of the task force shall be removed except for cause and upon notice and hearing by the appropriate appointing official.

   d.   Upon appointment of all members, the task force shall elect a chair from its membership by a majority vote at the first meeting of such task force. The task force shall issue a report to the mayor and the speaker of the council no later than October 15, 2017. Such report shall take into account the state's role in substantially funding the City University of New York and shall include, but need not be limited to, an analysis of obstacles affecting the affordability of, admission to, and timely graduation from the City University of New York, examining revenue sources, recommendations on how obstacles could be addressed, and the feasibility of eliminating tuition at the University. After the submission of such report, the task force shall cease to exist.

§ 2. This local law takes effect immediately.

L.L. 2016/164

Enactment date: 12/6/2016  

Int. No. 1214-A

By Council Members Torres, Salamanca, Richards, Treyger, Cumbo, Dickens, Rose, Maisel, Reynoso, Chin, Rosenthal, Mendez, Menchaca, Lander, Cohen, Van Bramer, Levin and Kallos

A Local Law in relation to requiring the center for economic opportunity to review the jobs-plus program

Be it enacted by the Council as follows:

Section 1. Access to Jobs-Plus Program Facilities for Residents of Public Housing

   a.   As used in this local law:

      Agency. The term "agency" has the meaning ascribed to such term in section 1-112 of the administrative code of the city of New York.

      Center for economic opportunity. The term "center for economic opportunity" means the entity established pursuant to executive order number 117 for the year 2008, its successor agency or another entity designated by the mayor to perform the functions required by this local law.

      Jobs-plus program. The term "jobs-plus program" means the jobs-plus community revitalization initiative for public housing families as authorized by the omnibus consolidated rescissions and appropriations act of 1996, as enacted by section 204 of public law 104-134, such section 204 relating to public housing/section 8 moving to work demonstration, and as announced in page 66856 in number 244 of volume 61 of the federal register or a similar program that provides the following services to assist residents of public housing operated by the New York city housing authority with obtaining and retaining employment: (i) job search assistance; (ii) education programs; (iii) vocational training; (iv) child care, transportation and other related support services; and (v) subject to the cooperation of the United States department of housing and urban development and the New York city housing authority, a reasonable rent policy designed to encourage employment and self-sufficiency for participating residents, such as by excluding all or a portion of such resident's earned or newly earned income for purposes of determining rent.

      Jobs-plus facility. The term "jobs-plus facility" means a physical space in which services or benefits related to a jobs-plus program are provided.

   b.   The center for economic opportunity shall submit to the speaker of the council, the comptroller, and the mayor a review of the jobs-plus program, which shall include the strengths, limitations, and general effectiveness of the jobs-plus program, a proposed annual budget for the program, and the operational requirements needed to make participation in the jobs-plus program available to each resident of public housing operated by the New York city housing authority. Such review shall include specifications describing the type of jobs-plus facility requirements for a variety of geographic zones identified by the New York city housing authority for targeting job placements, job training opportunities, apprenticeships or other similar benefits; provided that if the New York city housing authority has not identified a particular geographic zone in which to locate a jobs-plus facility or ceases to identify such zones before submission of the review, the review shall recommend parameters to ensure that jobs-plus facilities are located in such a manner that each public housing resident has reasonable access to at least one such facility.

   c.   In developing the review required by subdivision b, the center for economic opportunity shall seek cooperation and assistance from the United States department of housing and urban development and the New York city housing authority, in addition to any other individuals and entities the center for economic opportunity deems appropriate.

   d.   The review required by subdivision b shall include an assessment of the estimated costs and timeline of implementing such review and a description of any recommended changes to federal, state or local laws, rules or policies to facilitate such implementation, including but not limited to changes needed to implement reasonable rent policies designed to encourage employment and self-sufficiency for participating residents.

§ 2. This local law takes effect immediately, provided, however, that the review required by subdivision b of this local law shall be due one year after the effective date of this local law, and provided further that this local law shall expire and have no further force and effect on December 31, 2017.

L.L. 2016/167

Enactment date: 12/22/2016

Int. No. 985-A

By Council Members Kallos, Lander, Richards, Greenfield, Garodnick, Levine, Grodenchik, Maisel, Vacca and Menchaca

A Local Law to amend the administrative code of the city of New York, in relation to eliminating public matching funds for contributions bundled by people doing business with the city

Be it enacted by the Council as follows:

* * *

[Consolidated provisions are not included in this Appendix A]

* * *

§ 2. This local law takes effect immediately, except that paragraph (i) of subdivision 3 of section 3-702 of the administrative code of the city of New York shall not apply to any contributions received prior to the effective date of this local law.

L.L. 2016/174

Enactment date: 12/22/2016

Int. No. 1099-A

By Council Members Treyger, Palma, Dickens, Gentile, Rodriguez, Barron, Rose, Rosenthal, Levin, Dromm, Menchaca, Lander, Kallos, Ulrich and Borelli

A Local Law to amend the administrative code of the city of New York, in relation to requiring the department of education to report information on Career and Technical Education programs in New York city schools

Be it enacted by the Council as follows:

* * *

[Consolidated provisions are not included in this Appendix A]

* * *

§ 2. This local law takes effect immediately and is deemed repealed 5 years after it becomes law.

L.L. 2016/177

Enactment date: 12/22/2016

Int. No. 1193-A

By Council Members Levine, Menchaca, Chin, Mendez, Barron, Rose, Rosenthal, Kallos, Levin, Dromm and Lander

A Local Law to amend the administrative code of the city of New York, in relation to requiring the department of education to report information on computer science education in New York city schools

Be it enacted by the Council as follows:

* * *

[Consolidated provisions are not included in this Appendix A]

* * *

§ 2. This local law takes effect immediately and is deemed repealed 10 years after it becomes law.