L.L. 2018/056

A Local Law to amend the administrative code of the city of New York, in relation to information regarding the workforce for certain construction projects

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 180 days after it becomes law, except that before such effective date (i) the mayor may designate an administering agency, as defined herein, in accordance with section 22-1104 of the administrative code of the city of New York, as set forth in this local law, and (ii) the head of such administering agency may take such measures as are necessary for implementation of this local law, including the promulgation of rules.

L.L. 2018/037

Enactment date: 1/11/2018

Int. No. 1062-A

Council Members Chin, Menchaca, Johnson, Koo, Vacca, Rosenthal, Levin, Kallos, Treyger and Ulrich

A Local Law to amend the administrative code of the city of New York, in relation to requiring a study on the feasibility of providing language classes to certain children in foster care

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 This local law takes effect 180 days after it becomes law and is deemed repealed after the posting and submission of the report due July 1, 2019, required by subdivision b of section 21-918 of the administrative code of the city of New York, as added by section one of this local law.

L.L. 2018/046

Enactment date: 1/11/2018

Int. No. 1661-A

By Council Members Espinal, Torres, Greenfield, Salamanca, Grodenchik, Richards, Reynoso, Maisel, Gentile, Cornegy, Menchaca, Cumbo, Deutsch, Treyger, Johnson, Williams, Garodnick, Levin, Levine, Chin, Vacca, Lander, Eugene, Koslowitz, Cohen, Constantinides, Cabrera, Rose and Kallos (by request of the Brooklyn Borough President)

A Local Law in relation to requiring the department of city planning, department of small business services, and the department of parks and recreation to develop urban agriculture website

Be it enacted by the Council as follows:

Section 1. Urban agriculture website. An urban agriculture website shall be developed on nyc.gov or any successor website maintained by or on behalf of the city of New York and shall include such information as is set forth in subdivisions a and b of this section.

a. Commercial urban agriculture uses. The department of city planning and the department of small business services, in cooperation with other relevant agencies and stakeholders, including but not limited to food policy educators and representatives from urban farming businesses, shall prepare content for such urban agriculture website. Such content shall include, but not be limited to, the following:

(i) zoning regulations for agricultural uses, including but not limited to, farms, greenhouses, nurseries and truck gardens;

(ii) assistance available from the department of city planning in obtaining information about specific properties;

(iii) a link to ZoLa (Zoning and Land Use Application) or its successor resource; and

(iv) other existing business resources relevant to urban agricultural businesses available from city agencies.

b. Community urban agriculture uses. The department of parks and recreation, in cooperation with other relevant agencies and stakeholders as needed, including but not limited to, food policy educators and representatives from community gardens, shall prepare content for such urban agriculture website. Such content shall include, but not be limited to, the following:

(i) a list of existing urban agricultural spaces, and those city-owned spaces, which are available and potentially suitable for community urban agricultural use, including community gardens and urban farms. When compiling or revising such list, the department of parks and recreation shall consult with other relevant agencies, including the department of housing preservation and development and the department of citywide administrative services;

(ii) information on how such spaces can be established and supported; and

(iii) information on how produce grown on-site at community urban agriculture sites can be distributed within communities.

c. For purposes of the uses specified in subdivision a of this section, "commercial urban agriculture" shall be as determined by the department of city planning and the department of small business services. For purposes of the uses specified in subdivision b of this section, "community urban agriculture" shall be as determined by the department of parks and recreation.

d. The website specified in subdivisions a and b of this section shall be active no later than July 1, 2018. Relevant agencies responsible for the construction and maintenance of the website shall issue a review of the website's efficacy to the city council due no later than January 1, 2019.

§ 2. This local law takes effect immediately.

L.L. 2018/049

Enactment date: 1/11/2018

Int. No. 1696-A

By Council Members Vacca, Rosenthal, Johnson, Salamanca, Gentile, Cornegy, Williams, Kallos and Menchaca

A Local Law in relation to automated decision systems used by agencies

Be it enacted by the Council as follows:

Section 1.

a. For purposes of this local law:

Agency. The term "agency" means an agency, as defined in section 1-112 of the administrative code of the city of New York, the head of which is appointed by the mayor.

Automated decision system. The term "automated decision system" means computerized implementations of algorithms, including those derived from machine learning or other data processing or artificial intelligence techniques, which are used to make or assist in making decisions.

Automated decision system, agency. The term "agency automated decision system" means an automated decision system used by an agency to make or assist in making decisions concerning rules, policies or actions implemented that impact the public.

Charitable corporation. The term "charitable corporation" shall have the meaning ascribed to such term by section 102 of the not-for-profit corporation law.

b. 1. No later than 120 days after the effective date of this local law, the mayor or a designee thereof shall convene an automated decision systems task force.

2. Such task force and the chair thereof shall be appointed by the mayor or a designee thereof and shall include, but need not be limited to, persons with expertise in the areas of fairness, accountability and transparency relating to automated decision systems and persons affiliated with charitable corporations that represent persons in the city affected by agency automated decision systems, provided that nothing herein shall prohibit the mayor, the designee thereof or the chair from limiting participation in or attendance at meetings of such task force that may involve consideration of information that, if disclosed, would violate local, state or federal law, interfere with a law enforcement investigation or operations, compromise public health or safety or result in the disclosure of proprietary information.

3. No later than 18 months after such task force is established, it shall electronically submit to the mayor and the speaker of the council a report that shall include, at a minimum, recommendations on:

(a) Criteria for identifying which agency automated decision systems should be subject to one or more of the procedures recommended by such task force pursuant to this paragraph;

(b) Development and implementation of a procedure through which a person affected by a decision concerning a rule, policy or action implemented by the city, where such decision was made by or with the assistance of an agency automated decision system, may request and receive an explanation of such decision and the basis therefor;

(c) Development and implementation of a procedure that may be used by the city to determine whether an agency automated decision system disproportionately impacts persons based upon age, race, creed, color, religion, national origin, gender, disability, marital status, partnership status, caregiver status, sexual orientation, alienage or citizenship status;

(d) Development and implementation of a procedure for addressing instances in which a person is harmed by an agency automated decision system if any such system is found to disproportionately impact persons based upon a category described in subparagraph (c);

(e) Development and implementation of a process for making information publicly available that, for each agency automated decision system, will allow the public to meaningfully assess how such system functions and is used by the city, including making technical information about such system publicly available where appropriate; and

(f) The feasibility of the development and implementation of a procedure for archiving agency automated decision systems, data used to determine predictive relationships among data for such systems and input data for such systems, provided that this need not include agency automated decision systems that ceased being used by the city before the effective date of this local law.

4. Such task force shall dissolve 60 days after submission of the report required by paragraph 3.

5. The mayor shall, no later than 10 days after receipt of the report required by paragraph 3, make such report publicly available online through the city's website.

6. Nothing herein shall require compliance with the task force's recommendations or disclosure of any information where such disclosure would violate local, state, or federal law, interfere with a law enforcement investigation or operations, compromise public health or safety, or that would result in the disclosure of proprietary information.

§ 2. This local law takes effect immediately.

L.L. 2018/053

Enactment date: 1/17/2018

Int. No. 1653-B

By Council Members Kallos, Constantinides, Dromm, Mendez and Menchaca

A Local Law to amend the administrative code of the city of New York, in relation to responses to noise complaints

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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§ 9. This local law takes effect 180 days after it becomes law, provided that section three takes effect on the same date that a local law for the year 2017 amending the administrative code of the city of New York relating to public access to noise mitigation plans, as proposed in introduction number 1300-A, takes effect and except that the department of environmental protection may take such measures as are necessary for the implementation of this local law, including the promulgation of rules, prior to such date and further provided that the amendments to section 24-221, 24-223 and 24-228 of title 24 of the administrative code of the city of New York made by sections four, five and eight of this local law that increase or impose new decibel level limits and the amendments to section 24-224 of such code made by section seven of this local law shall not apply to construction sites where construction work is performed pursuant to a permit issued prior to the effective date of sections four, five, seven and eight of this local law or in case of construction by or on behalf of a city agency where construction work is performed under a contract bid out prior to the effective date of sections four, five, seven and eight of this local law.

L.L. 2018/054

Enactment date: 1/19/2018

Int. No. 182-D

By Council Members Torres, Williams, Levine, Mendez, Reynoso, Dromm, Johnson, Palma, Rosenthal, Kallos, Rodriguez, Levin, King, Menchaca, Miller, Cumbo, Ferreras-Copeland, Cornegy, Lancman, Espinal, Eugene, Koslowitz, Cohen, Salamanca, Mealy, Van Bramer, Treyger and Gentile

A Local Law to amend the administrative code of the city of New York, in relation to requiring officers to identify themselves to the public

Be it enacted by the Council as follows:

Section 1. Declaration of legislative intent and findings. The Council finds that the people of the City of New York are in great debt to the hard work and dedication of police officers in their daily duties. The Council further finds that mistrust of law enforcement officers based on allegations of discrimination hinders law enforcement efforts and that greater transparency during encounters with the public would build trust in the work of the police. New York City Police Department policy already requires that officers wear shields and nameplates at all times while in uniform, and that they provide identifying information and offer a contact card when asked. Additionally, when an officer reasonably suspects that a person has committed, is committing or is about to commit a crime, Department policy directs that an officer provide identifying information and the factors that contributed to the officer's suspicion. In adopting this law, it is the intent of the Council to increase transparency in police practices and to build trust between police officers and members of the public by requiring the Department to provide members of the public with officer identification information and notice of the reasons behind their encounters with the police.

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[Consolidated provisions are not included in this Appendix A]

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§ 3. Severability. If any portion of this local law is, for any reason, declared unconstitutional or invalid, in whole or in part, by any court of competent jurisdiction, such portion shall be deemed severable, and such unconstitutionality or invalidity shall not affect the validity of the remaining portions of this local law, which remaining portions shall continue in full force and effect.

§ 4. This local law takes effect 9 months after it becomes law.

L.L. 2018/056

Enactment date: 1/19/2018

Int. No. 541-C

By Council Members Reynoso, Torres, Williams, Lander, Dromm, Menchaca, Rose, Richards, Palma, Rosenthal, Johnson, Cornegy, Rodriguez, Levin, Chin, Kallos, Levine, Cumbo, Mendez, King, Ferreras-Copeland, Barron, Mealy, Espinal, Lancman, Miller, Salamanca, Eugene, Van Bramer, Gentile, Perkins, Treyger and Adams

A Local Law to amend the administrative code of the city of New York, in relation to requiring the New York police department to develop and provide guidance for its officers on obtaining consent to search individuals

Be it enacted by the Council as follows:

Section 1. Declaration of legislative intent and findings. The Council finds that many New Yorkers are unaware of their constitutional rights when interacting with law enforcement officers. The Council further finds that, according to reports issued by the Civilian Complaint Review Board from 2014-2016, alleged improper searches of persons, vehicles, and homes are a persistent source of civilian complaints related to alleged officer misconduct. Therefore, the Council finds that it is necessary for the Police Department to develop, with input from the community and Council, and provide guidance regarding advising individuals of their right to be secure against unreasonable searches and seizures, as provided by the Fourth Amendment to the United States Constitution, so that searches that are based solely on an individual's consent are predicated on an individual's voluntary, knowing, and intelligent consent. Furthermore, in the event the Department has to develop a procedure to document voluntary, knowing, and intelligent consent to search other than through the use of body-worn cameras, such procedure should be developed with community and Council input.

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[Consolidated provisions are not included in this Appendix A]

* * *

§ 4. This local law takes effect 120 days after it becomes law, provided that paragraph 2 of subdivision b of section 14-173 of the administrative code of the city of New York, as added by section 2 of this local law, takes effect 9 months after it becomes law.

L.L. 2018/061

Enactment date: 1/19/2018

Int. No. 978-D

By Council Members Torres, Constantinides, Mendez, Richards, Treyger, Dromm, Gentile, King, Koo, Palma, Rose, Crowley, Miller, Rosenthal, Lancman, Maisel, Lander, Johnson, Menchaca, Van Bramer, Rodriguez, Levine, Kallos, Salamanca, Ferreras-Copeland, Cornegy, Barron, Koslowitz, Cohen, Levin, Grodenchik, Espinal, Reynoso, Gibson, Eugene, Vallone, Cumbo, Cabrera, Williams, Garodnick, Perkins, Chin, Vacca, Deutsch, Borelli, Ulrich and the Public Advocate (Ms. James)

A Local Law to amend the administrative code of the city of New York, in relation to mold assessment, mold abatement and mold remediation for certain 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 January 1, 2019, except that, before such effective date, (i) the mayor may designate administering agencies in accordance with subdivision f of section 24-154, as added by this local law, and (ii) the head of such designated agencies may take such actions as are necessary for implementation of this local law, including the promulgation of rules.

L.L. 2018/069

Enactment date: 1/19/2018

Int. No. 1399-A

By Council Members Rose, Lander, Dromm, Cumbo, Kallos, Constantinides, Levin, Cohen, Reynoso, Levine, Rosenthal, Johnson, Salamanca, Van Bramer, Torres, Lancman, Menchaca, Chin, Cabrera, Espinal, Eugene, Maisel, Williams, Barron, Miller, Ferreras-Copeland, Treyger, Richards, King, Perkins, Rodriguez and the Public Advocate (Ms. James)

A Local Law to amend the administrative code of the city of New York, in relation to protecting employees who seek temporary changes to work schedules for personal events and certain other schedule changes

Be it enacted by the Council as follows:

* * *

[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, provided that in the case of employees covered by a valid collective bargaining agreement in effect on such date, this local law takes effect on the date of the termination of such agreement, and provided further that the director of the office of labor standards may take such measures as are necessary for the implementation of this local law, including the promulgation of rules, before such effective date.

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

§ 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:

* * *

[Consolidated provisions are not included in this Appendix A]

* * *

§ 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.

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