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L.L. 2019/192
Enactment date: 11/17/2019
Preconsidered Int. No. 1742-A
By Council Members Ayala, Levin, Kallos, Rivera, Ampry-Samuel and Treyger
A Local Law to require the board of correction to report on the impact on incarcerated individuals of closing jails on Rikers Island, and to amend the administrative code of the city of New York, in relation to requiring the mayor's office of criminal justice to report on progress in closing jails on Rikers Island
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. Board of correction progress report. The board of correction shall publish a report on the impact on incarcerated individuals of closing jails on Rikers Island and constructing new facilities to replace such jails, commencing on July 1, 2020 and every six months thereafter. Such report shall include but not be limited to information on the following issues:
a. The impact of the construction of new city jails on the department of correction and correctional health services' ability to comply with board of correction minimum standards;
b. The impact of any significant changes to the design or construction of any new jails on any incarcerated individuals and compliance with board of correction minimum standards.
§ 3. Board of correction facility report. The board of correction shall publish a report on compliance with the board's minimum standards at each facility intended for the incarceration of individuals under the jurisdiction of the department of correction constructed after the effective date of this local law. Each such report shall be published no later than sixty days from the later of approval of occupancy from the department of buildings or the New York state commission of correction for the facility to which such report applies. Prior to publication, relevant parties shall be given 30 days to review each such report. The board of correction shall be given sufficient access to such facility to obtain the information necessary to complete such report, and shall have access to all published requests for proposals, contracts, and blueprints, program plans, and other materials related to the design and construction of such facility. All such materials shall remain confidential and may not be disclosed by such board to any person. The use of such facilities shall not be dependent on the publication of such report or its contents.
§ 4. Effective date. This local law takes effect immediately and is repealed after July 1, 2028.
L.L. 2019/193
Enactment date: 11/17/2019
Preconsidered Int. No. 1759-A
By Council Members Levin, Kallos, Rivera, Ayala, Ampry-Samuel and Treyger
A Local Law in relation to the establishment of a commission to make recommendations on reinvestment in communities impacted by Rikers Island
Be it enacted by the Council as follows:
Section 1.
a. Commission established. There is hereby established a commission on community reinvestment and the closure of Rikers Island.
b. Duties. The commission, in consultation with an expert on justice reinvestment appointed by the council, shall provide advice and recommendations to the city council and the mayor with respect to the ways in which the city can invest in neighborhoods and communities that have been disparately affected by mass incarceration to address the drivers of mass incarceration. Within six months of the formation of the commission, no later than the 30th day of each December thereafter, such commission shall submit an annual report to the mayor and the speaker of the city council and publish such report prominently on the website of the department of social services. Such report shall identify neighborhoods and populations most impacted by historical incarceration rates, analyze or assess ways in which reinvestment can reduce incarceration rates and identify opportunities for reinvestment in such communities that shall include, but not be limited to, the following:
1. Investments address the root causes of crime and preventing crime, such as housing, public health and social programs;
2. Practices, policies and community investments that avoid contact with the criminal justice system for persons in mental health crisis, struggling with substance use disorder, homelessness and extreme poverty or other situations in which a traditional law enforcement response may be unwarranted or ineffective; and
3. Proposals for legislation, reviews of prosecutorial practices and police procedures that impact any such issues.
c. Membership.
1. The commission shall be composed of the following members:
(a) The commissioner of the department of social services or their designee, who shall serve as chair;
(b) The comptroller or their designee;
(c) The commissioner of the department of probation or their designee;
(d) A representative from the office of criminal justice;
(e) Seven members appointed by the mayor who have been formerly incarcerated or directly impacted by incarceration;
(f) Two members appointed by the mayor who represent community-based organizations focused on serving the needs of neighborhoods historically impacted by mass incarceration, such as Brownsville, The South Bronx, East New York, Harlem, and Bedford-Stuyvesant;
(g) One member appointed by the speaker of the council specializing in justice reinvestment;
(h) Four members appointed by the speaker of the council who have been formerly incarcerated or directly impacted by incarceration;
(i) The commissioner of the department of health and mental hygiene or their designee;
(j) The commissioner of the department of housing preservation and development or their designee;
(k) A representative from New York city health and hospitals corporation; and
[(l) Reserved.]
(m) A representative from the New York city office of the public advocate.
2. All appointments required by this section shall be made no later than 90 days after the effective date of this local law.
3. Each member of the commission shall serve at the pleasure of the officer who appointed the member. In the event of a vacancy on the commission, a successor shall be selected in the same manner as the original appointment. All members of the commission shall serve without compensation.
4. No member shall be removed from the commission except for cause.
d. Meetings.
1. The chair shall convene the first meeting of the commission no later than 30 days after the last member has been appointed.
2. The commission may invite relevant experts and stakeholders to attend its meetings and to otherwise provide testimony and information relevant to its duties.
3. The commission shall meet no less than once each quarter to carry out the duties described in section one.
4. The commission shall hold public hearings on a quarterly basis.
e. The commission shall identify between five and ten neighborhoods that have been disparately impacted by mass incarceration, and solicit feedback from community based organizations and service providers focused on serving the needs of such neighborhoods.
f. Agency support. Each agency affected by this local law shall provide appropriate staff and resources to support the work of such agency related to the commission.
g. Within 60 days after publication of the commission's report, the mayor of the city of New York shall publish a response to each recommendation published by the commission.
h. Termination. The commission shall terminate on March 31, 2027.
§ 2. This local law takes effect immediately.
L.L. 2019/199
Enactment date: 11/20/2019
Int. No. 1574-A
By Council Members Reynoso, the Speaker (Council Member Johnson), Lander, Chin, Brannan, Ayala, Levin, Rosenthal, Lancman, Constantinides, Powers, Kallos, Levine, Richards, Salamanca, Menchaca, Van Bramer, Rivera, Espinal, Dromm, Cohen, Rodriguez, Ampry-Samuel, Perkins, Treyger, Eugene, Rose, Adams and the Public Advocate (Mr. Williams)
Be it enacted by the Council as follows:
Section 1. Legislative purpose. The Council hereby finds that the current system for collecting commercial waste from the City's businesses is plagued by dangerous driving and insufficient attention to public safety, harmful environmental impacts, and poor customer service. Since 2010, private waste collection trucks have killed dozens of people on New York City streets. Long, inefficient routes can take 12 hours or more to finish and can lead to driver fatigue and unsafe practices, endangering workers and the public.
The Council further finds that private carters often have customers throughout the five boroughs, currently resulting in millions of excess truck miles driven every year that harm the City's air quality, increase greenhouse gas emissions, and negatively impact public health. The current system also creates noise pollution within the City's neighborhoods, as dozens of private waste collection trucks may visit a single block in the course of one night. The industry lacks strong customer service standards, and pricing remains opaque to most customers, putting small businesses at a significant disadvantage.
The Council finds that substantial reform of the commercial waste industry is necessary to protect public health and safety, and to improve the industry for the benefit of its customers. According to data from the federal Bureau of Labor Statistics, refuse and recycling collectors have one of the top five most dangerous jobs in the United States, and the Council finds that the safety risks inherent to private carting are exacerbated in New York City, where vehicles must navigate narrow, highly congested streets in variable traffic and weather conditions. The Council finds that a commercial waste zone system, where the City selects private carters through a competitive process, will result in a carting industry where carters are required to operate more responsibly and adequately train workers on the unique challenges of collecting commercial waste in New York City, leading to safer practices and safer streets.
The Council further finds that establishing a commercial waste zone collection system within the City would dramatically reduce truck traffic associated with this industry - by 50 percent, eliminating more than 18 million miles of truck traffic from New York City streets every year. With fewer miles traveled and fewer trucks on the streets, a zoned collection system will reduce incentives for unsafe working conditions, reduce the risks of unsafe driving behavior and worker fatigue, and make the City safer for all New Yorkers.
The Council further finds that the reduction in traffic resulting from a regulated zoned collection system would lead to commensurate reductions of air pollutant emissions, including greenhouse gases, particulate matter and other air pollutants, and would lead to less nighttime noise, less roadway wear and tear, and improved quality of life in neighborhoods across New York City. The Council further finds that reducing the number of private carters operating within each of the City's neighborhoods and selecting carters through a competitive solicitation process will allow the City to ensure that private carters collect waste more efficiently, offer high quality waste collection services, and advance the City's efforts to reduce waste disposal and increase recycling.
The Council therefore finds and declares that commercial waste reform in New York City is necessary to promote the public health, safety and welfare of all New Yorkers. Therefore, the Council intends to authorize the commissioner of sanitation to establish commercial waste collection zones by dividing the City's geographic area into several zones and authorizing a small number of private carters to serve businesses within each zone through a competitive solicitation process. The application of this local law will create a safe and efficient collection system that provides high quality service, and reduces the harmful environmental impacts of the trade waste industry in New York City.
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[Consolidated provisions are not included in this Appendix A]
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§ 22. Notwithstanding any other provision of law, upon the final implementation date for a commercial waste zone established by the commissioner of sanitation pursuant to paragraph 3 of subdivision e of section 16-1002 of the administrative code of the city of New York, as added by section 18 of this local law, any contract between a commercial establishment and a person other than an awardee authorized to operate within such zone pursuant to an agreement entered into pursuant to section 16-1002 of such code, as added by section 18 of this local law, to provide for the collection, removal or disposal of commercial waste, as such term is defined in section 16-1000 of such code, as added by section 18 of this local law, within such commercial waste zone shall be considered terminated. Any contract for the collection, removal or disposal of commercial waste generated by a commercial establishment within a commercial waste zone entered into prior to such final implementation date shall contain prominent notice that such contract is subject to termination upon such date and the procedures for such termination.
§ 23. No action or proceeding, civil or criminal, pending at the time when this local law takes effect, brought by or against the city or any agency or officer, and no administrative proceeding brought by the business integrity commission, shall be affected or abated by the adoption of this local law or by anything herein contained; but all such actions or proceedings may be continued notwithstanding that powers and duties of any agency or officer party thereto may be assigned or transferred to another agency or officer or otherwise affected by this local law.
§ 24. The enactment of this local law shall not affect or impair any act done, offense committed or right accruing, accrued or acquired, or liability, penalty, forfeiture or punishment incurred prior to the time such enactment takes effect, but the same may be enjoyed, asserted, enforced, prosecuted or inflicted, as fully and to the same extent as if such local law had not been enacted.
§ 25. a. This local law takes effect immediately, except as otherwise provided in this section.
b. Sections 5 through 17 of this local law take effect 18 months after it becomes law, provided however that:
1. Notwithstanding any other provision of law, until the final implementation date for a commercial waste zone established by the commissioner of sanitation pursuant to paragraph 3 of subdivision e of section 16-1002 of the administrative code of the city of New York, as added by section 18 of this local law, the business integrity commission may, within such zone, continue to enforce the provisions of sections 16-306, 16-306.1, 16-504, 16-519, 16-520 and 16-522 of the administrative code of the city of New York and any rules promulgated pursuant thereto, including but not limited to, the rates for the removal, collection or disposal of commercial waste, as they were in effect prior to the effective date of sections 5 through 15 of this local law, with respect to persons who are not designated carters operating within such zone pursuant to an agreement entered into pursuant to section 16-1002 of such code, as added by section 18 of this local law; and
2. Notwithstanding any other provision of law, until the final implementation date for a commercial waste zone established by the commissioner of sanitation pursuant to paragraph 3 of subdivision e of section 16-1002 of the administrative code of the city of New York, as added by section 18 of this local law, no enforcement of the provisions of paragraph 2 of subdivision a of section 16-116 of such code, as amended by section 4 of this local law, shall take place within such commercial waste zone.
c. Notwithstanding any other provision of law, until the implementation start date for a commercial waste zone established by the commissioner of sanitation pursuant to paragraph 3 of subdivision e of section 16-1002 of the administrative code of the city of New York, as added by section 18 of this local law, no enforcement of the provisions of paragraph 2 of subdivision b of section 16-306 of such code, as amended by section 5 of this local law, subdivision l of section 16-509 of such code, as added by section 10 of this local law, paragraph xiii of subdivision a of section 16-513 of such code, as added by section 11 of this local law, subdivision b of section 16-513 of such code, as amended by section 11 of this local law, or sections 16-1003, 16-1004 or 16-1005 of such code, as added by section 18 of this local law, shall take place within such commercial waste zone, and provided further that a licensee, as such term is used in title 16-A of the administrative code of the city of New York, operating within such zone pursuant to a contract with a commercial establishment entered into prior to such implementation start date may continue to provide commercial waste collection, removal or disposal services pursuant to such contract in accordance with the provisions title 16-A and any rules promulgated thereunder until the final implementation date for such zone established by the commissioner of sanitation pursuant to paragraph 3 of subdivision e of section 16-1002 of the administrative code of the city of New York, as added by section 18 of this local law.
d. The commissioner of sanitation may take such measures as are necessary for the implementation of this local law, including the promulgation of rules, immediately.
L.L. 2019/208
Enactment date: 11/30/2019
Int. No. 1541-B
By the Speaker (Council Member Johnson) and Council Members Treyger, Cornegy, Powers, Lander, Louis and Levin
A Local Law in relation to creating a specialized high school taskforce
Be it enacted by the Council as follows:
Section 1. Specialized high school taskforce.
a. Definitions. For purposes of this local law, the following terms have the following meanings:
Chancellor. The term "chancellor" means the chancellor of the city school district of the city of New York.
Department. The term "department" means the New York city department of education.
School. The term "school" means a school of the city school district of the city of New York.
Specialized high schools. The term "specialized high schools" has the same meaning as such term is defined in paragraph b of subdivision 1 of section 2590-h of the education law.
b. The mayor shall establish a taskforce to issue recommendations for improving the admissions standards for specialized high schools. The taskforce shall consist of at least 19 members as follows:
1. The mayor, or the mayor's designee;
2. The speaker of the council, or the speaker's designee;
3. The chancellor, or the chancellor's designee;
4. Nine members appointed by the mayor, including 1 member who shall be a parent of a child enrolled in a school; 5 members who shall be departmental employees, at least 1 of whom shall have experience in departmental admissions policies and at least 1 of whom shall be a teacher; 1 member who shall have expertise in the fields of education policy and child development; 1 member who shall have expertise in standardized testing and 1 member who shall have expertise in assessment, evaluation, testing and other aspects of educational measurement; and
5. Seven members appointed by the speaker of the council, including 1 member who shall be a current high school student who is not enrolled in a specialized high school; 1 member who shall be a current high school student who is enrolled in a specialized high school; 1 member who shall be a parent of a child enrolled in a school; 1 member who shall have expertise in the fields of education policy and child development; 1 member who shall have expertise in standardized testing; 1 member who shall have expertise in assessment, evaluation, testing and other aspects of educational measurement and 1 member who shall be a representative of a specialized high school alumni organization.
c. No member shall be removed except for cause by the appointing authority. In the event of a vacancy during the term of an appointed member, a successor shall be selected in the same manner as the original appointment.
d. Membership on the taskforce shall not constitute holding of a public office, and members of the taskforce shall not be required to take or file oaths of office before serving on the taskforce. Each member of the taskforce shall serve without compensation.
e. The taskforce shall be required to hold no fewer than 3 meetings. The taskforce shall also be required to hold at least 1 public hearing to solicit public comment and recommendations on the admissions process for specialized high schools. The taskforce shall designate 1 member to take minutes at each public hearing.
f. The taskforce shall examine, with the goal of increasing diversity:
1. The current admissions system for specialized high schools, including the specialized high school admissions test and whether such test should be changed or eliminated;
2. Existing programs such as the department's discovery program and the department's dream program, and whether such programs should be expanded and whether new programs or policies for increasing diversity should be created; and
3. The use of alternative admissions methods, including state standardized examinations, grade point average or other criteria.
g. The mayor may designate 1 or more agencies to provide staffing and other administrative support to the taskforce.
h. No later than May 1, 2020, the taskforce shall submit to the mayor and the speaker of the council, and post on the city's website, a report on its findings and recommendations. For each recommendation in the report, the taskforce shall include the number of taskforce members who voted in the affirmative, voted in the negative and abstained. Such report shall also include a description of any engagement with the department or stakeholders, and a summary of the public hearings held pursuant to subdivision e of this local law. Such report shall be submitted to the New York state assembly committee on education and the New York state senate committee on New York city education. The taskforce shall dissolve upon submission of the report to all parties required pursuant to this subdivision.
§ 2. This local law takes effect immediately and is deemed repealed upon issuance of the report required by section one of this local law.
L.L. 2019/211
Enactment date: 12/4/2019
Int. No. 909-B
By Council Members Rodriguez, Holden, Lancman, Gibson, Constantinides, Adams, Kallos, Ampry-Samuel, Ayala, Richards and Rosenthal
A Local Law in relation to the establishment of a Hart island public travel plan
Be it enacted by the Council as follows:
Section 1. Hart island public travel plan.
a. The department of parks and recreation or such other agency or office designated by the mayor shall consult with the department of transportation to develop a plan to provide or ensure the availability of public travel, including ferry service, to and from Hart island. In developing such plan, the department of parks and recreation or such other designated agency or office shall consider establishing multiple departure locations and shall consider potential changes relating to Hart island including significant changes in demand for travel to and from such island, prospective uses of such island, current and prospective conditions and development on such island and requirements for public access to such island.
b. No later than one year after the effective date of this local law, the department of parks and recreation or such other agency or office shall submit to the speaker of the council and mayor and post on its website a report detailing the plan required by subdivision a of section one of this local law and the reasons that such plan was chosen.
§ 2. This local law takes effect on the date the transfer of control of Hart island to the department of parks and recreation, as required by section 21-110 of the administrative code of the city of New York, as amended by a local law of the city of New York for the year 2019, in relation to a transfer of control over Hart island from the department of corrections to the department of parks and recreation, and to provide for the repeal of section 9-103 of the administrative code of the city of New York, relating to the segregation of prisoners on Hart island, as proposed in introduction number 906-A for the year 2019, takes effect, and is deemed repealed upon submission of the report required by subdivision b of section one of this local law.
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