L.L. 2020/075

Enactment date: 7/26/2020  

Int. No. 1950-A

By Council Members Cumbo, Dromm, Salamanca, Rivera, Kallos, Moya, Van Bramer, Chin, Adams, Rose, Menchaca, Lancman, Cohen, Rosenthal, Ampry-Samuel, Ayala, Brannan, Perkins, Gibson, Louis, Vallone and Barron

A Local Law in relation to the establishment of a task force to recommend policies and protocols relating to the safe reopening and operation of city agencies in response to the COVID-19 pandemic

Be it enacted by the Council as follows:

Section 1. Definitions. For the purposes of this local law, the following terms have the following meanings:

   Agency. The term "agency" means: (i) any agency as such term is defined in section 1150 of the New York city charter, the head of which is appointed by the mayor; (ii) any agency as such term is defined in section 1150 of the New York city charter headed by a board, commission or other multi-member body, where a majority of such body's members are appointed by the mayor; and (iii) the office of the mayor.

   City. The term "city" means the city of New York.

   COVID-19. The term "COVID-19" means the 2019 novel coronavirus or 2019-nCoV.

   Task force. The term "task force" means the task force established pursuant to section two of this local law.

§ 2. The mayor shall establish a task force to oversee the implementation of this local law and to facilitate the safe reopening of agency offices and resumption of agency functions in response to COVID-19. The mayor shall appoint at least 5 and no more than 10 members of mayoral senior management staff or their designees to serve on such task force.

§ 3. Powers and duties. The task force established by the mayor shall:

   a.   No later than 30 days after being established, and in consultation with the department of health and mental hygiene and the department of citywide administrative services, recommend policies and protocols regarding the reopening of agency offices and resumption of agency functions to prevent the spread of COVID-19, including, but not limited to, policies and protocols with respect to the following:

      1.   For offices and any other facilities where persons may be present, the maximum occupancy, based on room size and other relevant criteria;

      2.   The types of and need for protective furnishings, and methods of use of such furnishings;

      3.   The types of sanitizing products needed, and methods of distribution, access and application;

      4.   The types of personal protective equipment needed, and methods of distribution, access and use;

      5.   The cleaning and sanitizing of surfaces and purification of air, including the frequency of such measures; and

      6.   Any other relevant matters, including those related to accommodating persons at higher risk for developing serious health complications as a result of a COVID-19 infection.

   b.   No later than 30 days after being established, and in consultation with the department of health and mental hygiene and the department of citywide administrative services, determine the operations and functions that each agency shall address in each such agency's reopening plan required pursuant to section four of this local law. The task force shall consider the various operations, functions and circumstances of each agency when making such determinations. The task force shall make such determinations consistent with applicable federal, state and local laws, regulations, and relevant advisory guidelines related to the reopening of agency offices and resumption of agency functions, and to conform such plans to policies and protocols recommended pursuant to subdivision a of this section;

   c.   Provide information to each agency regarding relevant federal, state and local laws, regulations and advisory guidelines related to the reopening of agency offices and resumption of agency functions;

   d.   Review agency reopening plans and amendments to such plans submitted pursuant to section four of this local law and propose amendments to such plans to promote compliance with applicable federal, state and local laws and regulations related to the reopening of agency offices and resumption of agency functions; conformance to the policies and protocols recommended pursuant to subdivision a of this section; and adequate treatment of the functions and operations identified pursuant to subdivision b of this section;

   e.   No later than 90 days after the effective date of this local law, and every 90 days thereafter until this local law expires pursuant to section six of this local law, submit to the mayor and speaker of the council a report on agency compliance with section four of this local law; and

   f.   Routinely update, as necessary and practicable, the policies and protocols recommended pursuant to subdivision a of this section or received from appropriate public health agencies.

§ 4. Agency reopening plans. No later than 30 days after the task force produces the recommendations described in section three of this local law, each agency shall submit to the task force a plan for reopening and resuming functions. Any amendment made by an agency to its plan shall also be submitted to the task force as soon as reasonably practicable after such amendment is made. If any such plan does not conform to the task force's recommendations pursuant to subdivision a of section three of this local law, or address a specific operation or function identified pursuant to subdivision b of section three of this local law, an explanation shall be provided in such plan. Each agency shall publish its reopening plan on its website no later than 1 week after such plan is approved, and shall update and republish the plan within 1 week of making any amendment to such plan, provided that any information that could compromise either the security of such agency or the privacy of any employee of such agency if made public, may be redacted.

§ 5. Online access to recommendations, plans and reports. The task force shall, in conjunction with any agency submitting a reopening plan to the task force, make recommendations and reports generated pursuant to this local law available on the city's website no later than 1 week after making such recommendation or approving such report.

§ 6. Effective date. This local law takes effect immediately and shall expire upon the earlier of: (i) the date on which the state of emergency declared by the mayor's emergency executive order number 98, published March 12, 2020, as extended, has expired; or (ii) one year following the effective date of this local law.

L.L. 2020/076

Enactment date: 7/26/2020  

Int. No. 1952-A

By Council Members Gibson, Treyger, Lander, Brannan, Rosenthal, Kallos, Louis, Richards, Rose, Moya, Chin, Koo, Ampry-Samuel, Ayala, Adams, Menchaca, Yeger, Vallone and Barron

A Local Law to amend the administrative code of the city of New York, in relation to the creation of a database to track the expenditure of funds in connection with COVID-19, and to provide for the repeal thereof

Be it enacted by the Council as follows:

* * *

[Consolidated provisions are not included in this Appendix A]

* * *

§ 3. Section 6-144 of the administrative code of the city of New York, as added by section two of this local law, shall not require reporting on any contracts entered into prior to the effective date of this local law where the reporting requirements of this local law would require collecting information that is not available to the city, and cannot reasonably be obtained by the city.

§ 4. If any provision of section 6-144 of the administrative code of the city of New York, as added by section two of this local law, or the application thereof shall for any reason be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such judgment shall not effect, impair or invalidate the remainder of such section.

§ 5. Data maintained pursuant to section 6-144 of the administrative code of the city of New York, as added by section two of this local law, shall also be subject to chapter 5 of title 23 of such administrative code, where such chapter is otherwise applicable.

§ 6. This local law shall take effect 90 days after it becomes law, provided, however, that mayor may take such actions as are necessary for its implementation prior to such effective date, and provided further that sections two through five of this local law shall expire and be deemed repealed 5 years after it becomes law.

L.L. 2020/077

Enactment date: 7/26/2020  

Int. No. 1957-A

By Council Members Reynoso, Gjonaj, Rivera, Cumbo, Powers, Van Bramer, Lander, Ayala, Richards, Salamanca, Kallos, the Speaker (Council Member Johnson), Constantinides, Holden, Vallone, Brannan, Dromm, Koslowitz, Moya, Levine, Rosenthal, Barron and Ampry-Samuel

A Local Law in relation to temporary space for outdoor dining

Be it enacted by the Council as follows:

Section 1. Temporary space for outdoor dining.

   a.   Definitions. For the purposes of this section, the following terms have the following meanings:

      Food service establishment. The term "food service establishment" has the same meaning as set forth in subdivision s of section 81.03 of the health code of the city of New York.

      Food vendor. The term "food vendor" has the same meaning as in section 17-306 of the administrative code of the city of New York.

      Open space. The term "open space" means any location of roadway seating or sidewalk seating, or any other public outdoor location, including but not limited to a sidewalk, pedestrian plaza, roadway, or public parking lot, that may be used by a food service establishment for temporary outdoor dining and that has been approved for such use by the department of transportation.

      Pedestrian plaza. The term "pedestrian plaza" has the same meaning as set forth in section 19-157 of the administrative code of the city of New York.

      Roadway seating. The term "roadway seating" means seating located in the roadway adjacent to the curb in front of the business frontage of a food service establishment in accordance with guidelines established by the department of transportation.

      Sidewalk seating. The term "sidewalk seating" means seating located outside the business frontage of a food service establishment in accordance with guidelines established by the department of transportation.

      Temporary outdoor dining area. The term "temporary outdoor dining area" means a portion of any food service establishment operated under permit from the department of health and mental hygiene that is located in an open space.

   b.   Open restaurants program.

      1.   The city shall establish an open restaurants program pursuant to which a food service establishment may operate a temporary outdoor dining area.

      2.   A food service establishment shall be permitted to operate roadway seating or sidewalk seating after the completion of an online self-certification application, which shall be in a form and manner as determined by the department of transportation. The department of transportation may establish a process to allow for the use of other types of open space as temporary outdoor dining areas.

      3.   There shall be no fee for participation in such program.

   c.   Vendors. Notwithstanding section 17-315 of the administrative code of the city of the New York, as part of such program, the department of transportation, in consultation with the department of health and mental hygiene and any other agency as designated by the mayor, may designate a sidewalk, pedestrian plaza, roadway, or public parking lot as an area in which a food vendor may vend, provided that such vendor adheres to any guidelines issued by the department of health and mental hygiene.

   d.   Compliance with other laws. Nothing in this local law shall relieve a food service establishment from their obligation to adhere to all emergency executive orders issued pursuant to section 24 or 29-a of the executive law, and to all local, state, and federal requirements relating to health and safety, except as modified by any such emergency executive order or this local law. Any food service establishment participating in the open restaurants program shall adhere to all applicable guidance issued by the department of transportation, the department of health and mental hygiene, the New York state department of health, and the New York state liquor authority.

   e.   Validity of a self-certification. A self-certification submitted pursuant to the outdoor restaurants program shall remain valid until terminated or suspended by the department of transportation. The department may terminate or suspend a self-certification for non-compliance with the requirements of such program or as necessary to protect health or safety.

   f.   Expiration. The outdoor restaurants program shall remain in effect until September 8, 2020 or until such later date as the department of transportation shall determine; provided however that such program shall not remain in effect after December 31, 2020. The department of transportation shall provide the speaker of the council notice five days prior to the termination of such the program.

§ 2. This local law takes effect immediately.