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L.L. 2018/071
Enactment date: 1/19/2018
Int. No. 1466
By Council Members Van Bramer, Levine, Salamanca, Rodriguez, Menchaca and Kallos
A Local Law to amend the administrative code of the city of New York, in relation to cleaning park playground equipment after the spraying of pesticides
Be it enacted by the Council as follows:
Section 1. Within 180 days of the effective date of the local law that added this section, the department of health and mental hygiene, in consultation with the department of parks and recreation, shall, by rule, establish the minimum distance between playground equipment and the spraying of a pesticide at which such equipment will not be exposed to such pesticides.
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[Consolidated provisions are not included in this Appendix A]
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§ 3. This local law takes effect immediately, except that section two of this local law shall take effect 180 days after it becomes law, and except that the commissioner of parks and the commissioner of health and mental hygiene may take such measures as are necessary for the implementation of such sections, including the promulgation of rules, prior to such effective date.
L.L. 2018/074
Enactment date: 1/19/2018
Int. No. 1499-A
By the Speaker (Council Member Mark-Viverito) and Council Members Cornegy, Kallos, Menchaca and Perkins.
A Local Law in relation to requiring the commissioners of sanitation and consumer affairs to study the feasibility of a penalty mitigation program
Be it enacted by the Council as follows:
Section 1. As used in this local law, the following terms have the following meanings:
Food service establishment. The term "food service establishment" means a premises or part of a premises where food is provided directly to the consumer whether such food is provided free of charge or sold, and whether consumption occurs on or off of the premises or is provided from a pushcart, stand or vehicle and shall include, but not be limited to, full-service restaurants, fast food restaurants, cafes, delicatessens, coffee shops, grocery stores, vending trucks or carts and cafeterias.
Penalty mitigation program. The term "penalty mitigation program" means:
(i) For a food service establishment, a program that allows such establishment to have civil penalties waived if such establishment complies with the requirements of a program designed to encourage such food service establishment to donate excess food to an appropriate not-for-profit organization; or
(ii) For a retail establishment, a program that allows such establishment to have civil penalties waived if such establishment complies with the requirements of a program designed to encourage such retail establishment to make their restrooms available to the public.
Retail establishment. The term "retail establishment" means an establishment, other than a food service establishment, that sells products and has a restroom.
§ 2. Within 2 years of the enactment of this section, the commissioner of sanitation shall:
a. Conduct a review of violations enforced by the department of sanitation, pursuant to title 16 of the administrative code of the city of New York, to study the feasibility and appropriateness of establishing a penalty mitigation program regarding any such violations issued to food service establishments or retail establishments;
b. Promulgate a rule authorizing the waiver of civil penalties for such violations based on a food service establishment or retail establishment's participation in such penalty mitigation program, provided that the review required by subdivision a. of this section has concluded that such a program is feasible and appropriate; and
c. Submit to the mayor and the council a report summarizing the results of the review, which shall include, if the review concluded that a penalty mitigation program is not feasible and appropriate, an explanation for such conclusion; and, if the review concluded that a penalty mitigation program is feasible and appropriate, an explanation for the exclusion of certain violations from the rule.
§ 3. Within 2 years of the enactment of this section, the commissioner of consumer affairs shall:
a. Conduct a review of violations enforced by the department of consumer affairs, pursuant to title 20 of the administrative code of the city of New York, that (i) relate to the display of prices, the accuracy of scanners, or the posting of signage, or (ii) are commonly issued to food service establishments or retail establishments, excluding any violations authorized by chapters 8, 9, 10, 12 or 13 of such title, in order to study the feasibility and appropriateness of establishing a penalty mitigation program regarding any such violations issued to food service establishments or retail establishments;
b. Promulgate a rule authorizing the waiver of civil penalties for such violations based on a food service establishment or retail establishment's participation in such penalty mitigation program, provided that the study required by subdivision a of this section has concluded that such a program is feasible and appropriate; and
c. Submit to the mayor and the council a report summarizing the results of the review, which shall include, if the review concluded that a penalty mitigation program is not feasible and appropriate, an explanation for such conclusion; and, if the review concluded that a penalty mitigation program is feasible and appropriate, an explanation for the exclusion of certain violations from the rule.
§ 4. This local law takes effect immediately.
L.L. 2018/075
Enactment date: 1/19/2018
Int. No. 1577-A
By Council Members Levin, Barron, Gentile, Ferreras-Copeland, Kallos, Palma, Johnson, Adams and Menchaca
A Local Law to amend the administrative code of the city of New York city, in relation to requiring the office of operations or another office or agency designated by the mayor to conduct a study regarding client information management systems
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 and remains in effect until March 30, 2022, after which this local law shall be deemed repealed.
L.L. 2018/078
Enactment date: 1/19/2018
Int. No. 1616-A
By Council Members Dromm, Constantinides, Gentile, Crowley, Menchaca, Rodriguez, Barron, Lander, Johnson, Cornegy, Levine, Chin, Vallone, Rose, Williams, Koslowitz, Mendez, Torres, Kallos and the Public Advocate (Ms. James)
A Local Law in relation to establishing a temporary task force on post-incarceration reentry for older adults
Be it enacted by the Council as follows:
Section 1. Temporary task force on post-incarceration reentry for older adults.
a. The coordinator of criminal justice as defined in section 13 of the charter or such other person as the mayor may designate shall establish and implement a temporary task force to address issues related to the post-incarceration reentry of older adults.
b. The task force shall consist of 12 members as follows:
1. Eight members shall be appointed by the mayor, chosen from individuals representing relevant city agencies, provider organizations and advocacy groups, and individuals representing impacted communities, provided that at least 3 members shall be formerly incarcerated individuals; and
2. Four members shall be appointed by the speaker of the council, chosen from individuals representing provider organizations and advocacy groups, individuals representing impacted communities, and academics with expertise in post-incarceration reentry for older adults.
3. In addition to these 12 members, the coordinator of criminal justice as defined in section 13 of the charter or such other person as may be designated by the mayor shall invite the state to designate a representative to be a member of the task force.
c. Membership on the task force shall not constitute the holding of a public office, and members of the task force shall not be required to take or file oaths of office before serving on the task force. All members of the task force shall serve without compensation.
d. The task force shall meet at least 4 times per year.
e. The task force shall issue recommendations to the coordinator of criminal justice as defined in section 13 of the charter or such other person as the mayor may designate and the coordinator or such other person shall issue an initial report to the mayor and council no later than 12 months after the final member of the task force is appointed. Such report shall, to the extent practicable, include but not be limited to the following information regarding the reentry of older adults from state prisons and local jails:
1. An analysis of the root causes of incarceration for older adults, and proposals to reduce the rates of incarceration for older adults.
2. An analysis of re-entry services for older adults, including but not limited to: (i) the unique health needs of older adults, (ii) the costs and benefits of re-entry services for older adults, including benefits associated with reducing recidivism, (iii) how the city can work with the state department of corrections and community supervision to seek the proper provision of reentry services, (iv) the types of re-entry services available, including but not limited to affordable and/or supportive housing, mental health and substance abuse treatment, and employment assistance, and (v) the gaps in current reentry services.
3. Any other recommendations to assist in developing a compassionate post-incarceration older adult reentry policy, including but not limited to potential legislative reforms.
f. Following the publication of the initial report, the task force shall continue to meet at least 4 times a year and shall make supplemental recommendations, as needed, to the coordinator of criminal justice as defined in section 13 of the charter or such other person as the mayor may designate. Such coordinator or other person shall publish supplemental annual reports, as needed, updating the mayor and council on any progress in the implementation of the recommendations contained in the initial report.
g. The task force shall cease to exist 4 years after the publication of its initial report.
§ 2. This local law takes effect immediately.
L.L. 2018/084
Enactment date: 2/16/2018
Preconsidered Int. No. 1
By Council Member Dromm (by request of the Mayor)
A Local Law in relation to the date of submission by the mayor of a preliminary management report and the date prior to which the council shall conduct public hearings and the date by which the council shall submit a report or reports pertaining thereto, the date of submission by the mayor of the preliminary certificate regarding debt and reserves and appropriations and expenditures for capital projects, the date of submission by the mayor of the preliminary budget, the date of publication by the director of the independent budget office of a report on revenues and expenditures, the date of submission by the community boards of statements in regard to the preliminary budget, the date of submission by the commissioner of finance of an estimate of the assessed valuation of real property and statement of real property taxes due, expected to be received, and uncollected, the date of submission by the mayor of a tax benefit report, the date of submission by the borough boards of statements on budget priorities, the date of submission by the council of estimates of the financial needs of the council, the date of submission by the borough presidents of proposed modifications of the preliminary budget, the date of publication by the director of the independent budget office of a report analyzing the preliminary budget, the date by which the council shall hold hearings and submit recommendations in regard to the preliminary budget, and the date of submission by the campaign finance board of estimates of the financial needs of the campaign finance board, relating to the fiscal year two thousand nineteen
Be it enacted by the Council as follows:
Section 1. During the calendar year 2018 and in relation to the 2019 fiscal year:
1. Notwithstanding any inconsistent provisions of section 12 of the New York city charter, as amended by vote of the electors on November 7, 1989, the mayor shall pursuant to such section submit a preliminary management report as therein described not later than February 15, 2018, and the council shall conduct public hearings on such report prior to April 24, 2018 and submit to the mayor and make public not later than April 24, 2018, a report or reports of findings and recommendations.
2. Notwithstanding any inconsistent provisions of section 235 of the New York city charter, as added by vote of the electors on November 7, 1989, the mayor shall pursuant to such section submit and publish a preliminary certificate regarding debt and reserves and appropriations and expenditures for capital projects as therein described not later than February 1, 2018.
3. Notwithstanding any inconsistent provisions of section 236 of the New York city charter, as amended by local law number 25 for the year 1998, the mayor shall pursuant to such section submit a preliminary budget as therein described not later than February 1, 2018.
4. Notwithstanding any inconsistent provisions of section 237 of the New York city charter, as added by vote of the electors on November 7, 1989, the director of the independent budget office shall publish a report on revenues and expenditures as therein described on or before February 16, 2018.
5. Notwithstanding any inconsistent provisions of section 238 of the New York city charter, as added by vote of the electors on November 7, 1989, each community board shall pursuant to such section submit a statement and recommendations in regard to the preliminary budget as therein described not later than March 5, 2018.
6. Notwithstanding any inconsistent provisions of section 239 of the New York city charter, as added by vote of the electors on November 7, 1989, the commissioner of finance shall pursuant to such section submit an estimate of the assessed valuation of real property and a certified statement of all real property taxes due as therein described not later than March 5, 2018.
7. Notwithstanding any inconsistent provisions of section 240 of the New York city charter, as added by vote of the electors on November 7, 1989, the mayor shall pursuant to such section submit a tax benefit report as therein described not later than March 5, 2018.
8. Notwithstanding any inconsistent provisions of section 241 of the New York city charter, as added by vote of the electors on November 7, 1989, each borough board shall pursuant to such section submit a statement of budget priorities as therein described not later than March 13, 2018.
9. Notwithstanding any inconsistent provisions of section 243 of the New York city charter, as added by vote of the electors on November 7, 1989, the council shall pursuant to such section approve and submit estimates of the financial needs of the council as therein described not later than March 26, 2018.
10. Notwithstanding any inconsistent provisions of section 245 of the New York city charter, as added by vote of the electors on November 7, 1989, each borough president shall pursuant to such section submit any proposed modifications of the preliminary budget as therein described not later than March 26, 2018.
11. Notwithstanding any inconsistent provisions of section 246 of the New York city charter, as added by vote of the electors on November 7, 1989, the director of the independent budget office shall pursuant to such section publish a report analyzing the preliminary budget as therein described on or before March 30, 2018.
12. Notwithstanding any inconsistent provisions of section 247 of the New York city charter, as added by vote of the electors on November 7, 1989, the council shall pursuant to such section hold hearings and submit recommendations as therein described not later than April 10, 2018.
13. Notwithstanding any inconsistent provisions of subdivision c of section 1052 of the New York city charter, as added by vote of the electors on November 3, 1998, the campaign finance board shall pursuant to such subdivision submit estimates of the financial needs of the campaign finance board as therein described not later than March 26, 2018.
§ 2. This local law takes effect immediately, except that if it becomes law after January 16, 2018, it is retroactive to and deemed to have been in full force and effect as of January 16, 2018.
L.L. 2018/091
Enactment date: 4/30/2018
Int. No. 241-B
By the Public Advocate (Ms. James), the Speaker (Council Member Johnson) and Council Members Kallos and Rivera (by request of the Manhattan Borough President)
A Local Law in relation to establishing a charter revision commission to draft a new or revised city charter
Be it enacted by the Council as follows:
Section 1. There is hereby established a commission to draft a new or revised charter for the city of New York.
§ 2. Composition of the commission.
a. The commission shall consist of up to 15 members to be appointed as follows:
1. four members appointed by the mayor;
2. four members appointed by the speaker of the city council;
3. one member appointed by each borough president;
4. one member appointed by the public advocate; and
5. one member appointed by the comptroller.
b. The speaker of the city council shall appoint from among the membership a chairperson.
c. All appointments to the commission shall be made within 60 days of the enactment of this local law, after which time any unused appointment authority granted by subdivision a of this section is forfeited. Any vacancy in the membership of the commission occurring after such date shall be filled in the same manner as the original appointment. A vacancy in the commission shall not impair the right of the remaining members to exercise all the powers of the commission, and any number of commissioners greater than half the number of appointments made within 60 days of the enactment of this local law shall constitute a quorum.
d. No member of the commission may be removed except for cause by the appointing authority that appointed such member.
e. No commission member may be a registered lobbyist as that term is defined in subdivision (a) of section 3-211 of the administrative code of the city of New York. Any person other than such a lobbyist who has business dealings with the city, as that term is defined in subdivision 18 of section 3-702 of the administrative code of the city of New York, may serve as a commission member only after approval by the conflicts of interest board and only subject to such restrictions or limitations on their duties and responsibilities for the commission as the conflicts of interest board may require.
f. No person is disqualified to serve as a commission member by reason of holding any other public office or employment, nor shall they forfeit any such office or employment by reason of their appointment hereunder, notwithstanding the provisions of any law.
g. Commission members shall receive no compensation for their services, but shall be reimbursed for the actual and necessary expenses incurred by them in the performance of their duties.
h. The terms of office of the commission members expire on the day of the election at which the proposed new or revised charter prepared by the commission is submitted to the qualified electors of the city, or on the day of the second general election following the date of the enactment of this local law if no such questions have been submitted by that time.
§ 3. Commission mandate and powers.
a. The commission shall review the entire charter and prepare a draft of a proposed new or revised charter.
b. The commission shall conduct not less than one public hearing in each of the five boroughs of the city and shall conduct an extensive outreach campaign that solicits ideas and recommendations from a wide variety of civic and community leaders, and which encourages the public to participate in such hearings. The commission shall maintain a website that includes its public hearing agendas and transcripts, as well as webcasts of its public hearings.
c. The commission shall have power to conduct private hearings, take testimony, subpoena witnesses, and require the production of books, papers, and records.
d. The city shall make appropriations for the support of the commission and the commission may accept any services, facilities, or funds and use or expend the same for its purposes. In addition, the city shall have the power, on the request of the commission, to appropriate to such commission such sum or sums as shall be necessary to defray its expenses.
e. On request of the commission, the mayor may direct any board, body, officer, or employee of the city to cooperate with, assist, advise, provide facilities, materials or data, and render services to the commission.
f. The commission shall appoint and may at pleasure remove such employees and consultants as it shall require and fix their compensation.
g. No commission employee or consultant may be a registered lobbyist as that term is defined in subdivision (a) of section 3-211 of the administrative code of the city of New York. Any person other than such a lobbyist who is a person doing business with the city, as that term is defined in subdivision 18 of section 3-702.18 of the administrative code of the city of New York, may serve as a commission employee or consultant only after approval by the conflicts of interest board and only subject to such restrictions or limitations on their duties and responsibilities for the commission as the conflicts of interest board may require.
h. No person is disqualified to serve as a commission employee or consultant by reason of holding any other public office or employment, nor shall they forfeit any such office or employment by reason of their appointment hereunder, notwithstanding the provisions of any law.
i. The commission shall be considered an agency for the purposes of article 6 of the public officers law.
§ 4. Submission of recommendation for voter approval.
a. The commission may require that its proposed charter be submitted in two or more parts so arranged that corresponding parts of the existing charter shall remain in effect if one or more of such parts are not adopted, or may in lieu of a new charter submit a revision of the existing charter in one or more amendments and may also submit alternative charters or amendments or alternative provisions to supersede designated portions of a proposed charter or amendment if adopted.
b. The commission may submit its proposed new or revised charter to the electors of the city at a general or special election, and shall complete and file in the office of the city clerk its proposed new or revised charter in time for submission to the electors not later than the second general election after the date of the enactment of this local law.
§ 5. Severability. If any provision of this local law, or any amendments thereto, shall be held invalid or ineffective in whole or in part, or inapplicable to any person or situation, such holding shall not affect, impair or invalidate any portion of or the remainder of this local law, and all other provisions thereof shall nevertheless be separately and fully effective and the application of any such provision to other persons or situation shall not be affected.
§ 6. Effective date. This local law takes effect immediately.
L.L. 2018/093
Enactment date: 5/9/2018
Int. No. 613-A
By Council Members Adams, Rose, Rosenthal, Chin, Powers, Constantinides, Reynoso, Lander, Ayala, Miller, Rivera and Koslowitz
A Local Law in relation to assessing workplace risk factors associated with sexual harassment within city agencies
Be it enacted by the Council as follows:
Section 1. Sexual harassment workplace risk factors report.
a. Definitions. For purposes of this local law, the term "agency" has the same meaning as such term is defined in section 1150 of the New York city charter and shall include the offices of the borough presidents, the comptroller and the public advocate.
b. Every agency shall conduct an ongoing assessment of risk factors associated with sexual harassment at such agency in order to help provide a fair and safe work environment for all city workers. Each agency shall submit its ongoing assessment of risk factors to the department of citywide administrative services for periodic review. Such ongoing assessment of risk factors is intended to assist the department of citywide administrative services and each agency to develop responsive strategies to combat sexual harassment.
c. The risk factors to be assessed may include, but need not be limited to, the following:
(a) Homogenous workforce, such as work environments with low diversity with respect to age, ethnicity, gender, race, or sex;
(b) Language differences in the workplace;
(c) Workplaces with significant power disparities such as workplaces where employees hold positions usually subject to the direction of others;
(d) Isolated workplaces such as workplaces where employees work alone or have few opportunities to interact with others; and
(e) Decentralized workplaces such as workplaces that are geographically dispersed.
d. The assessments required pursuant to this section shall be submitted to the department of citywide administrative services for periodic review.
§ 2. This local law takes effect immediately and shall be deemed repealed on January 31, 2022.
L.L. 2018/101
Enactment date: 5/9/2018
Int. No. 664-A
By Council Members Rosenthal, Rose, Chin, Powers, Constantinides, Lander, Ayala, Miller, Adams, Rivera and Koslowitz
A Local Law in relation to climate surveys and action plans to combat sexual harassment and equal employment opportunity violations at city agencies
Be it enacted by the Council as follows:
Section 1. Equal employment opportunity and sexual harassment climate surveys.
a. Definitions. For purposes of this local law, the term "agency" has the same meaning as such term is defined in section 1150 of the New York city charter and shall include the offices of the borough presidents, the comptroller and the public advocate.
b. The department of citywide administrative services shall develop a climate survey to assess the general awareness and knowledge of the city's equal employment opportunity ("EEO") policy, including but not limited to sexual harassment policies and prevention at city agencies, including employee experience with and knowledge of reporting of prohibited acts. In addition, such survey shall include questions, that may be completed in full or in part, at the discretion of the employee respondent, including race, ethnicity, gender, sexual orientation and age of the employee. The department shall use such survey to assess each agency regarding the following:
(1) The extent that employees of each agency are familiar with the EEO policy of such agency they are employed by or assigned to, including but not limited to sexual harassment;
(2) The extent that employees are knowledgeable about the EEO policy, including but not limited to sexual harassment, and where they can get help if they believe that they were sexually harassed;
(3) The extent that employees are knowledgeable about how and where to file a formal complaint about a violation of the EEO policy, including but not limited to a complaint about sexual harassment or related misconduct or how to initiate a disciplinary procedure;
(4) The extent that employees are knowledgeable about the process that occurs after an employee has filed a complaint about a violation of the EEO policy, including but not limited to a complaint of sexual harassment or related misconduct;
(5) For supervisory and managerial employees, the extent that such employees are knowledgeable about their responsibilities with respect to the prevention of violations of the EEO policy, including but not limited to sexual harassment and retaliation as such conduct is prohibited by the city's human rights law;
(6) For supervisory and managerial employees, the extent that such employees are knowledgeable about measures that such employee may take to appropriately address complaints under the EEO policy, including but not limited to sexual harassment complaints;
(7) Whether employees have witnessed or experienced sexual harassment, as described by local law or a violation of the EEO policy, including but not limited to unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature, at their current place of employment or at an employer sanctioned event;
(8) Whether employees feel that their workplace is safe and free from violations of the EEO policy, including but not limited to sexual harassment or retaliation;
(9) Whether employees believe that the agency they are employed by or assigned to protects the rights of its employees to pursue their duties in a respectful workplace;
(10) Whether employees believe that the agency they are employed by or assigned to ensures that all employees are protected from workplace harassment and ensures that all employees are treated equally and fairly;
(11) Whether employees believe that the agency they are employed by or assigned to takes steps to prevent violations of the EEO policy, including but not limited to incidents of sexual harassment or retaliation;
(12) Whether employees believe that the agency they are employed by or assigned to takes seriously and investigates violations of the EEO policy, including but not limited to claims of sexual harassment; and
(13) Whether employees believe that the agency they are employed by or assigned to adequately responds to those who claim to have experienced violations of the EEO policy, including those who may be victims of sexual harassment, and ensures that appropriate resources are made available to those individuals.
c. The department shall make the climate survey available to all agencies for dissemination to agency employees on or before September 31, 2018. Agencies shall ensure that each employee receives such climate survey and are advised that such climate survey is not mandatory or required as part of such employee's job. Agencies shall take steps to ensure that the assessment remains anonymous and that no individual employee is personally identified.
d. No later than February 28, 2019, the department shall prepare and submit to the mayor and the speaker a report with the results of the climate survey prepared pursuant to subdivision b of this section. Any agency may provide additional information to the department in preparation of such report. Such additional information may include prior relevant reports or underlying data that can provide context to the results of such agency's climate assessment, including an assessment of risk factors associated with sexual harassment within such agency.
e. No later than December 31, 2019, the department shall work with each agency to develop an action plan, to be incorporated into each agency's annual EEO plan, and to be reported to the mayor and the speaker on or before March 31, 2020. Such action plan shall address the results of each agency's climate survey including but not limited to:
(1) Identifying any issues at such agency identified by the climate survey required by subdivision b and outlining what steps such agency will take to address and cure those issues; and
(2) Incorporating the recommendations of the report issued pursuant to subdivision d of this section.
f. After each agency develops and implements an action plan pursuant to subdivision e, and no later than July 31, 2020, each agency shall redistribute the climate survey required by subdivision b to each agency employee. The department shall produce a report to the mayor and the speaker on or before December 31, 2021 with the results of the climate survey prepared pursuant to this subdivision. No later than December 31, 2022, the department shall work with each agency to update their action plans, to be incorporated into each agency's annual EEO plan, and to be reported to the mayor and the speaker on or before December 31, 2022, which shall address the results of each agency's climate survey redistributed pursuant to this subdivision.
g. On or before July 31, 2024 and on or before July 31 every four years thereafter, each agency shall redistribute the climate survey required by subdivision b to each agency employee. The department shall produce a report to the mayor and the speaker on or before December 31, 2025 and on or before December 31 every four years thereafter with the results of the climate survey prepared pursuant to this subdivision.
§ 2. This local law takes effect 90 days after it becomes law.
L.L. 2018/110
Enactment date: 6/9/2018
Int. No. 599-A
By the Speaker (Council Member Johnson) and Council Members Deutsch, Kallos, Constantinides, Ampry-Samuel, Rivera, Miller and Borelli
A Local Law to amend the administrative code of the city of New York, in relation to requiring the fire department to conduct outreach and education to residential buildings
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 120 days after it becomes law, except that the commissioner of fire may take such measures as are necessary for the implementation of this local law, including the promulgation of rules, before such date. Subdivision b of section 15-132 of the administrative code of the city of New York, as added by section one of this local law, is deemed repealed 5 years after it becomes law.
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