L.L. 2017/183

Enactment date: 10/8/2017  

Int. No. 1424-A

By Council Members Cohen, Borelli, Crowley, Salamanca, Gentile, Cornegy, Chin, Menchaca, Johnson, Kallos, Rosenthal and Ulrich

A Local Law to amend the administrative code of the city of New York, in relation to disability classification reporting from the department of education

Be it enacted by the Council as follows:

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[Consolidated provisions are not included in this Appendix A]

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§ 2. This local law takes effect immediately, provided that it applies to reports due November 1, 2018 and after.

L.L. 2017/187

Enactment date: 10/16/2017  

Int. No. 139-C

By Council Members Gentile, Koo, Vacca, Cabrera, Johnson, Torres, Rodriguez, King, Dromm, Palma, Richards, Treyger, Greenfield, Mendez, Eugene, Barron, Maisel, Salamanca, Lander, Mealy, Cohen, Rosenthal, Miller, Rose, Cumbo, Koslowitz, Vallone, Menchaca and Ulrich

A Local Law to amend the administrative code of the city of New York, in relation to the regulation of non-tobacco smoking products, and to amend the fire code of the city of New York, and the New York city mechanical code, in relation to the operation of non-tobacco hookah establishments

Be it enacted by the Council as follows:

Section 1. Legislative findings. The Council finds that smoking is a leading cause of preventable premature death in New York City, killing thousands of New Yorkers every year and increasing the risks of lung cancer, heart disease, and many other health hazards. The City responded to this threat by enacting the Smoke-Free Air Act in 1988, amending it in 2002 to restrict tobacco smoking in various indoor and outdoor public places, and strengthening it several times since 2002. The Smoke-Free Air Act remains a central part of the City's comprehensive program to reduce exposure to environmental toxicants produced by smoking and to reduce and prevent tobacco use.

Despite substantial progress in reducing both environmental smoke exposure and smoking rates among adults and youth, the use of water-pipes, or hookah smoking, is increasing and threatens the progress the City has made to reduce tobacco use by residents and visitors to the City. The number of establishments in the City advertising hookah on Yelp! is almost five times higher than it was in 2012. Disturbingly, hookah is especially popular among the City's youth. Between 2008 and 2016, the percentage of middle school students in the City who have smoked hookah increased from 2.9 percent to 5.6 percent. As of 2016, the percentage of high school students who have smoked hookah is 16.4 percent. The increase in younger New Yorkers' hookah smoking is particularly troubling because some studies suggest youth who smoke hookah may be more likely to try cigarettes.

The Council finds that hookah smoking, regardless of whether the shisha contains tobacco, poses significant health risks to smokers and nonsmokers, including employees at establishments that serve hookah. All hookah smoking involves burning charcoal, which is used to heat the shisha. The charcoal alone creates health hazards for smokers and those exposed to secondhand smoke by emitting carbon monoxide, fine particulate matter, and various toxicants. In addition, non-tobacco shisha has been shown to emit harmful substances in equal or greater quantities as tobacco-containing shisha, including carbon monoxide, polycyclic aromatic hydrocarbons, fine particulate matter, tar, and volatile aldehydes. While risks associated with non-tobacco hookah smoking are clear, air quality in the City's hookah establishments is complicated further by evidence that many hookah establishments have been found to be violating the Smoke-Free Air Act by serving shisha that contains tobacco. In addition to the toxicants emitted by non-tobacco shisha, tobacco-containing shisha has been shown to emit phenols, nicotine, and NNAL, a tobacco-specific nitrosamine. Thus, unsuspecting patrons of hookah establishments may be consuming tobacco unwittingly, in addition to the harmful substances emitted by charcoal and tobacco shisha.

The Council further finds that regulating non-tobacco smoking would promote enforcement of the City's Smoke-Free Air Act and Fire Code. Regulating non-tobacco hookah establishments would also likely strengthen the City's ability to promote compliance with the Smoke-Free Air Act by preventing non-tobacco hookah establishments from serving tobacco-containing shisha to unsuspecting consumers. Moreover, reasonable precautionary regulations will minimize the risk that hookah pipes and charcoals may contribute to the creation of fire hazards.

The Council hereby declares that this local law responds to the significant health hazards posed by hookah smoking in the following ways: (1) it protects the integrity of the City's Smoke-Free Air Act, which was intended to provide all New Yorkers with access to clean air in public places and workplaces, by discouraging smoking and reducing exposure to secondhand smoke for nonsmokers; (2) it continues the City's efforts to de-normalize smoking and reduce tobacco dependence; and (3) it restricts access to establishments where hookah smoking can take place.

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[Consolidated provisions are not included in this Appendix A]

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§ 17. The department of health and mental hygiene shall educate businesses that sell non-tobacco smoking products, as defined in subdivision zz of section 17-502 of the administrative code of the city of New York, or which permit the smoking of such non-tobacco smoking products, about their obligations pursuant to this local law and any rules promulgated thereto.

§ 18. This local law takes effect 180 days after it becomes law, except that:

   (i)   section seventeen of this local law takes effect immediately, and is deemed repealed 1 year after it becomes law;

   (ii)   subdivision b of section 17-716 of the administrative code of the city of New York, as added by section ten of this local law, takes effect on the same day as a local law for the year 2017 amending the administrative code of the city of New York in relation to prohibiting the sale of non-tobacco smoking products to minors and young adults, and repealing subdivision f of section 17-713 and section 17-714 of the administrative code of the city of New York, relating to the sale of herbal cigarettes to individuals under eighteen years of age, as proposed in introduction number 1076-A for the year 2016, takes effect;

   (iii)   section 403.3 of the New York city mechanical code and table 403.3 of such mechanical code, as amended by sections twelve and thirteen of this local law, respectively, take effect 3 years after enactment of this local law; and

   (iv)   the department of health and mental hygiene and the fire commissioner may take such actions, including the promulgation of rules, as are necessary for timely implementation of this local law, prior to the effective date of this local law.

L.L. 2017/189

Enactment date: 10/16/2017  

Int. No. 1031-A

By Council Members Levine, Rodriguez, Cabrera, Gentile, Koo, Mealy, Mendez, Richards, Rose, Menchaca, Cohen, Rosenthal, Chin, Greenfield and Kallos

A Local Law in relation to requiring the department of transportation to conduct a study of traffic congestion due to truck deliveries during daytime hours

Be it enacted by the Council as follows:

Section 1.

   a.   For purposes of this local law, the term "truck deliveries" means the unloading of property to the curb from a motor vehicle designed, used, or maintained primarily for the transportation of property.

   b.   The department of transportation shall conduct a study of traffic congestion resulting from truck deliveries in the Borough of Manhattan south of 59th Street, being bounded by the East River on the east and the Hudson River on the west, and in the Borough of Brooklyn from Tillary Street on the north and Livingston Street on the south through Cadman Plaza West extending into Court Street on the west and Flatbush Avenue on the east, inclusive of both sides of such streets. Such study shall include traffic congestion from truck deliveries at all hours of the day, night, and overnight. Such study shall include, but not be limited to, an analysis of the feasibility and necessity of implementing measures to reduce traffic congestion resulting from truck deliveries in the designated area between the hours of 7 a.m. and 7 p.m. including the possibility of shifting truck deliveries between the hours of 7 a.m. and 7 p.m. to hours after 7 p.m. The department shall implement feasible measures deemed necessary to decrease traffic congestion resulting from truck deliveries recommended by such study. No later than June 30, 2018, the department shall post on its website and submit to the speaker of the council the results of such study.

§ 2. This local law takes effect immediately.

L.L. 2017/190

Enactment date: 10/16/2017  

Int. No. 1075-A

By Council Members Rodriguez, Vacca, Rosenthal, Levine and Gentile

A Local Law to amend the administrative code of the city of New York, in relation to requiring signage warning of the health risks associated with smoking shisha

Be it enacted by the Council as follows:

Section 1. Legislative findings. The Council finds that smoking is a leading cause of preventable premature death in New York City, killing thousands of New Yorkers every year and increasing the risks of lung cancer, heart disease, and many other health hazards.

Despite substantial progress in reducing both environmental smoke exposure and smoking rates among adults and youth, the use of water-pipes, or hookah smoking, is increasing and threatens the progress the City has made to reduce tobacco use by residents and visitors to the City. The Council finds that hookah smoking, regardless of whether the shisha contains tobacco, poses significant health risks to smokers and nonsmokers, including employees at establishments that serve hookah. Studies show that hookah smokers often poorly understand or underestimate the associated risks, particularly youth users. Common misconceptions regarding hookah include the following: shisha does not contain tobacco, shisha is not addictive, water filters out harmful chemicals, and hookah smoking is a healthy alternative to cigarettes. Based on the effectiveness of health warnings in other settings, the Council finds that health warnings in establishments serving hookah are an effective way to educate consumers about the risks associated with smoking hookah. Placing these warnings inside establishments serving hookah may correct common misperceptions regarding these risks.

The Council hereby declares that this local law responds to the significant health hazards posed by hookah smoking by providing for factual warnings and education on the health hazards posed by hookah smoking.

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[Consolidated provisions are not included in this Appendix A]

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§ 3. This local law takes effect 180 days after it becomes law, except that the department of health and mental hygiene may take such actions, including the promulgation of rules, as are necessary for the timely implementation of this local law, prior to such effective date.

L.L. 2017/209

Enactment date: 11/17/2017  

Int. No. 1510-B

By Council Members Cornegy, Levin, Salamanca, Gentile, Menchaca, Rosenthal, Cohen, Espinal, Vallone, Koo, Koslowitz, Perkins and Eugene

A Local Law in relation to a workforce development plan for small business

Be it enacted by the Council as follows:

Section 1. Workforce development plan for small businesses.

   a.   No later than June 1, 2019, the commissioner of small business services shall submit to the mayor and the speaker of the council, and post online, a comprehensive workforce development plan informed, to the extent practicable, by the results of the state of small business survey conducted pursuant to a local law of the city of New York for the year 2017 as proposed in introduction number 1511-A.

   b.   Such plan may include, but need not be limited to:

      1.   Strategies to address the hiring needs of small businesses;

      2.   Information specific to addressing workforce development needs and skills necessary to fill small business jobs;

      3.   Identifying and addressing issues that small businesses are experiencing, such as barriers to growth; and

      4.   Information on tools and resources that may assist small businesses.

§ 2. This local law takes effect immediately, and remains in effect until the submission of the plan due June 1, 2019, when it is deemed repealed.

L.L. 2017/210

Enactment date: 11/17/2017  

Int. No. 1511-A

By Council Members Cornegy, Levin, Rosenthal, Menchaca, Cohen, Espinal, Vallone, Koo, Koslowitz, Perkins and Eugene

A Local Law in relation to a state of small business survey

Be it enacted by the Council as follows:

Section 1. State of small business survey.

   a.   No later than September 1, 2018, the commissioner of small business services shall prepare and disseminate a state of small business survey, which shall request information from small businesses.

   b.   Such information requested shall include, but need not be limited to:

      1.   Hiring needs of small businesses;

      2.   Workforce development needs and skills necessary to fill small business jobs;

      3.   Issues that small businesses are experiencing, such as barriers to growth; and

      4.   The need for additional tools and resources that may assist small business.

§ 2. his local law takes effect immediately.

L.L. 2017/213

Enactment date: 11/17/2017  

Int. No. 1720-A

By Council Members Treyger, Menchaca, Maisel, Gentile, Kallos, Chin, Rosenthal, Dromm and Ulrich

A Local Law in relation to the creation of a Hurricane Sandy recovery task force

Be it enacted by the Council as follows:

Section 1.

   a.   There is hereby established a Hurricane Sandy recovery task force to analyze the recovery efforts in New York city in response to Hurricane Sandy and make specific recommendations to the mayor and council for preparing the city for future recovery efforts.

   b.   Such task force shall consist of 15 members as follows:

      (1)   The director of the mayor's office of housing recovery operations, who shall serve ex officio, or his or her designee;

      (2)   The director of the mayor's office of recovery and resiliency, who shall serve ex officio, or his or her designee;

      (3)   Seven members appointed by the speaker of the council and six members appointed by the mayor, provided that of such thirteen members there shall be at least one resident of each borough.

   c.   The members of such task force to be appointed by the mayor and the speaker of the council shall be appointed within 120 days of the enactment of this local law.

   d.   At the first meeting of such task force, the task force shall select a chairperson from among its members by majority vote of the task force.

   e.   Any vacancy in the membership of the task force shall be filled in the same manner as the original appointment.

   f.   Members of the task force shall serve without compensation.

   g.   No later than 12 months after the effective date of this local law, the task force shall submit to the mayor and the speaker of the council a report.

      (1)   The report required by this subdivision may include but need not be limited to an analysis of the city's recovery efforts in response to Hurricane Sandy, including the provision of legal services, communications, case management, outreach efforts, including efforts to ensure culturally competent outreach, efforts to promote language access, policy shifts over time, the role of non-profit organizations, the availability of shelters that were accessible to people with disabilities and fully stocked, workforce development programs, health and hospitals funding and recovery, public housing recovery and other multi-family housing recovery, recovery efforts beyond single-family build it back, the damage incurred to public and private property, and the city's efforts to repair such property.

      (2)   The report required by this subdivision shall include but need not be limited to evidence-based actionable recommendations for improving future recovery efforts in New York city, on the following topics: enhanced recovery case management and communication tools, standards for land use and neighborhood planning, housing design standards, proposed regulatory changes, damage assessments, implementation of immediate housing recovery programs, analyses of long-term recovery options, workforce development programs, health and hospitals funding, ensuring that all shelters are accessible to people with disabilities and fully stocked, the role of non-profit organizations, public housing and other multi-family housing recovery, recovery efforts beyond single-family build it back, and any other recommendations the task force deems appropriate.

   h.   The task force shall dissolve 60 days after submission of the report required by subdivision g of this local law.

§ 2. This local law takes effect immediately.

L.L. 2017/220

Enactment date: 12/1/2017  

Int. No. 1316-A

By Council Members Garodnick, Johnson, Rosenthal, Salamanca, Kallos, Dromm and Menchaca

A Local Law to amend the administrative code of the city of New York, in relation to contracts between the department of small business services and certain entities that administer economic development benefits on behalf of the city

Be it enacted by the Council as follows:

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[Consolidated provisions are not included in this Appendix A]

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§ 2. For purposes of this local law, a contracted entity shall not include the Brooklyn navy yard development corporation, or any successor entity that becomes the lessee and/or operator of block 2023, lots 1, 50 and 150 in Kings county, commonly known as the Brooklyn navy yard.

§ 3. This local law takes effect on the same day that a local law amending the New York city charter and the administrative code of the city of New York relating to requiring the department of small business services to require in its contracts with certain not-for-profit corporations that provide economic development services for the city of New York that, before any economic development project is commenced, such corporations must submit a project description to the speaker of the council; including reporting requirements in such contracts; and repealing paragraphs b and b-1 of subdivision 1 of section 1301 of the New York city charter relating to such reporting requirements and related recommendations, as proposed in introduction number 1337-A for the year 2016, takes effect, except that the commissioner of small business services may take all actions necessary for the implementation of this local law, including the promulgation of rules, before such date.

L.L. 2017/221

Enactment date: 12/1/2017  

Int. No. 1322-A

By Council Members Johnson, Garodnick, Rosenthal, Vacca, Kallos, Dromm and Menchaca

A Local Law to amend the administrative code of the city of New York, in relation to the recovery of financial assistance for economic development in cases of noncompliance with the terms of such assistance

Be it enacted by the Council as follows:

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[Consolidated provisions are not included in this Appendix A]

* * *

§ 2. For purposes of this local law, a contracted entity shall not include the Brooklyn navy yard development corporation, or any successor entity that becomes the lessee and/or operator of block 2023, lots 1, 50 and 150 in Kings county, commonly known as the Brooklyn navy yard.

§ 3. This local law takes effect on the same date that a local law amending the administrative code of the city of New York relating to contracts between the department of small business services and certain entities that administer economic development benefits on behalf of the city, as proposed in introduction number 1316-A for the year 2016, takes effect.