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a. Definitions. For the purposes of this section, the following terms have the following meanings:
City development project. The term "city development project" means a project undertaken by an agency, a city economic development entity, or by a party in contract with the city, for the purpose of improvement or development of real property, including, but not limited to, street, road and sewer improvements and maintenance.
City economic development entity. The term "city economic development entity" means an entity that provides or administers economic development benefits under contract with the department of small business services.
Hazardous level of lead in soil. The term "hazardous level of lead in soil" means soil containing a lead level of five parts per million or above as determined by the toxicity characteristic leaching procedure as defined in subpart C of part 261 of subchapter I of chapter I of title 40 of the code of federal regulations or any subsequent provisions.
b. Within five business days of discovering or becoming aware of a hazardous level of lead in soil as a result of an environmental subsurface investigation in any city development project that will expose such soil as part of the project, the agency or city economic development entity that is supervising a capital project shall:
1. Notify the community board and the council member in whose district the city development project is located of such results;
2. Post such results within the appropriate website; and
3. Develop air monitoring instructions for all relevant parties in contract with the city, including a community air monitoring plan that complies with all applicable local, state and federal guidance documents.
(L.L. 2019/072, 4/14/2019, eff. 10/11/2019)
a. With respect to the location that is known as Rikers Island:
1. By no later than July 1, 2021, and every six months thereafter until charge and control over the entirety of Rikers Island has been transferred pursuant to this section, the mayor shall transfer charge over every portion of Rikers Island that the mayor determines is not in active use for the housing of incarcerated persons, or in active use for the providing of direct services to such persons, such as medical care, training, storage, employment training and services, re-entry services, educational services, visitation, legal services, or administrative hearings, to the charge of the commissioner of citywide administrative services. For the purposes of this paragraph, the use of each building, facility, and structure, as well as the use of every piece of unimproved land greater than 20,000 square feet, shall be evaluated. By no later than August 31, 2027, all portions of Rikers Island shall be fully transferred and under the charge and control of the commissioner of citywide administrative services and shall no longer be used by the department of correction for the housing of incarcerated persons;
2. Upon the transfer of any portion of Rikers Island pursuant to this section, the commissioner of citywide administrative services shall have charge over the portion of land transferred, including all buildings, structures, facilities, and property located thereon, with all of the powers and duties, with respect to such real property, buildings, structures, facilities, and property, as described in chapter 35 of the charter. The commissioner of citywide administrative services shall notify the Rikers Island advisory committee, established pursuant to subdivision b of this section, of each such transfer within 30 days of such transfer;
3. Until the entirety of Rikers Island is transferred to, and under the charge and control of, the commissioner of citywide administrative services, maintenance and operation of any portion of Rikers Island transferred to the charge of the commissioner of citywide administrative services shall be subject to guidelines agreed upon by the departments of correction and citywide administrative services, provided that such guidelines shall not be established or exercised so as to prohibit the commissioner of citywide administrative services' access to, or the productive use of, portions of Rikers Island under the charge of the commissioner of citywide administrative services;
4. The commissioner of citywide administrative services shall, in communication with the Rikers Island advisory committee, have the authority to plan and coordinate the actions of city agencies with respect to prospective uses of Rikers Island for sustainability and resiliency purposes, including but not limited to renewable energy generation and storage, wastewater treatment, and organic waste processing, provided that such planning shall include consideration of whether the use of existing structures would best contribute to environmental or sustainability goals; and
5. Prior to August 31, 2027 or the date by which Rikers Island is fully transferred pursuant to paragraph 1 of this subdivision, whichever comes first, any portions of Rikers Island still in active use by the department of correction, as described in paragraph 1 of this subdivision, shall remain under the jurisdiction of the commissioner of correction pursuant to section 624 of the charter, and the care, custody and control of persons therein shall remain under the care and management of such commissioner pursuant to section 623 of the charter.
b. Rikers Island advisory committee.
1. There shall be established a Rikers Island advisory committee, which shall consist of 15 members, as follows: the commissioner of citywide administrative services or such commissioner's designee, the commissioner of environmental protection or such commissioner's designee, the commissioner of parks and recreation or such commissioner's designee, the commissioner of sanitation or such commissioner's designee, the commissioner of buildings or such commissioner's designee, the director of long-term planning and sustainability or such director's designee, two members appointed by the mayor, and seven members appointed by the speaker of the council. No less than four of the nine members appointed by the mayor and the speaker of the council shall be persons who have been impacted directly by incarceration on Rikers Island, provided that not less than two of such four members shall be persons who were in custody at a facility on Rikers Island and the remainder of whom may be persons whose immediate family members were in custody at a facility on Rikers Island. No less than three of the nine members appointed by the mayor and the speaker of the council shall be persons with an expertise in environmental justice or sustainability. The nine members appointed by the mayor and speaker of the council should represent the geographic diversity of communities impacted by incarceration on Rikers Island or environmental justice communities. The commissioner of citywide administrative services shall serve as chairperson of the committee. The commissioner of correction, or such commissioner's designee, may participate as a non-voting member in the meetings of the advisory committee, for the purpose of providing operational information, up to and until August 31, 2027, or the date by which Rikers Island is fully transferred, whichever comes first. Members shall serve without compensation.
2. No later than 180 days after the effective date of this subdivision, the Rikers Island advisory committee shall hold its initial meeting, and thereafter shall meet at least quarterly, to evaluate and make recommendations regarding prospective uses of Rikers Island, both with regard to those portions of Rikers Island transferred to the commissioner of citywide administrative services pursuant to paragraph 1 of subdivision a of this section and with regard to the entirety of Rikers Island, for sustainability and resiliency purposes, including but not limited to renewable energy, wastewater treatment, organics removal, organic waste processing, and other purposes conforming to section 24-803 of this code. Such evaluations shall consider the potentially beneficial uses of existing buildings, structures, and facilities.
3. The advisory committee may make recommendations on prospective uses to the mayor and the speaker of the council at any time after the date of its initial meeting. Additionally, no later than three years after the date of its initial meeting, the advisory committee shall submit recommendations to the mayor and the speaker of the council regarding prospective uses of Rikers Island that shall include no less than three options that the committee recommends be considered for further study or possible implementation.
(L.L. 2021/016, 2/25/2021, eff. 2/25/2021)
a. As used in this section:
"Compliant building" means a building in which all covered spaces comply with the occupancy sensor requirements of section C405.2 of the New York city energy conservation code for new construction.
"Covered building" means a city-owned building that is under the jurisdiction of and is operated by the department of citywide administrative services. For the purposes of this section, a covered building shall not include either a high-occupancy building or a critical facility for which such occupancy sensor requirements shall not apply.
"Covered space" means space that is located within a city-owned building that is under the jurisdiction of and is operated by the department citywide administrative services and which is required to comply with the occupancy sensor requirements of section C405.2 of the New York city energy conservation code.
b. Existing covered spaces shall comply with the occupancy sensor installation requirements of section C405.2 of the New York city energy conservation code for new construction as follows:
1. by January 1, 2023, at least 25 percent of covered buildings shall be compliant buildings;
2. by January 1, 2025, at least 50 percent of covered buildings shall be compliant buildings;
3. by January 1, 2027, at least 75 percent of all covered buildings shall be compliant buildings.
4. by January 1, 2030, all remaining covered buildings shall be compliant buildings.
c. By January 1, 2024 and every third year thereafter until 2030, the department of citywide administrative services shall, with the cooperation of all relevant agencies, report to the mayor and the speaker of the council the following information:
1. the number of covered buildings as of the end of the previous three calendar years;
2. the number of compliant buildings and the percentage of covered buildings that are compliant buildings, as of the end of the previous three calendar years; and
3. the number of covered buildings that became compliant buildings during the previous three calendar years.
(L.L. 2022/030, 1/15/2022, eff. 1/15/2022)
a. For the purposes of this article, the following terms shall have the following meanings.
Non-essential outdoor lighting. The term "non-essential outdoor lighting" means lighting that has not been deemed essential for either safety or functionality as determined by an agency designated by the mayor or by the owner of a leased building.
Peak avian migration period. The term "peak avian migration period" means the period from August 15 through November 15, and the period from April 1 through May 31 as recommended by New York City Audubon or such other dates determined by an agency designated by the mayor.
b. For city-owned buildings, and buildings leased by the city in which the city is the only tenant, non-essential outdoor lighting shall be turned off between the hours of 11:00 p.m. and 6:00 a.m. during peak avian migration periods.
c. For buildings leased by the city, where the city is not the only tenant, the agency leasing such building shall use its best efforts to include a provision in such lease requiring that non-essential outdoor lighting be turned off between the hours of 11:00 p.m. and 6:00 a.m. during peak avian migration periods.
(L.L. 2022/031, 1/15/2022, eff. 1/15/2022)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2022/031.
a. As used in this section, the following terms have the following meanings:
City-controlled parking lot. The term “city-controlled parking lot” means an open parking lot, as such term is defined in the New York city building code, that the city operates on property that is owned by the city or leased by the city pursuant to an agreement that would allow the city to install a solar canopy on such lot in accordance with this section, provided, however, that city-controlled parking lot does not mean a parking lot that is leased to or operated by a person or entity other than the city.
Cost-effective. The term “cost-effective” means, with respect to the installation of a solar canopy on a city-controlled parking lot, that the cumulative savings with respect to such solar canopy will, within 25 years of such installation, be equal to or exceed the expected net cost of such solar canopy over the same period. The calculation of cost-effectiveness shall include:
1. The expected net present value to the city of the energy that would be produced by such canopy, if such canopy remained active, over such 25 year period after such canopy is installed, or, where a city-controlled parking lot is not owned by the city, over the lesser of such 25 year period or the length of time remaining before the lease for such lot expires or is due to be renewed; and
2. The value of emissions reductions attributable to such canopy over the applicable time period described in paragraph 1 of this term, which shall be calculated using a social cost of carbon value, as provided in a rule promulgated pursuant to paragraph 4 of subdivision d of section 3-125, or if no such rule exists, the greater of a social cost of carbon value, if any, determined by the United States environmental protection agency for the applicable year or $142 per metric ton of carbon dioxide equivalent, provided, however, that a site- or project-specific social cost of carbon value may be developed and used in lieu of the social cost of carbon value provided herein if such site- or project-specific social cost of carbon value is higher than the social cost of carbon value provided by this paragraph.
Department. The term “department” means the department of citywide administrative services.
Net cost. The term “net cost” means the gross cost to the city of the acquisition, installation, and maintenance of a solar canopy on a city-controlled parking lot minus an amount equal to the sum of all federal, state, and other non-city governmental assistance utilized by the city to offset such gross cost.
Solar canopy. The term “solar canopy” means a structure covering 1 or more parking spaces that is designed and constructed to capture solar radiation for the purpose of producing usable energy.
b. Identification of locations. The department shall, with the cooperation of all other relevant agencies, review all city-controlled parking lots and identify city-controlled parking lots where the installation of solar canopies would be cost-effective.
c. Pilot program.
1. The department, or another agency designated by the mayor, with the cooperation of all other relevant agencies, shall establish a pilot program to install and maintain solar canopies on city-controlled parking lots. Such pilot program shall include the installation of a solar canopy on at least 1 city-controlled parking lot in each borough where there is a city-controlled parking lot identified by the department pursuant to subdivision b of this section. To the extent practicable, such solar canopies shall be installed no later than 2 years after the effective date of the local law that added this section. In the event that the department or such agency designated by the mayor determines that it will be unable to install such solar canopies by such deadline, the department or such agency shall immediately notify the mayor and the speaker of the council and provide an explanation for the delay, along with the anticipated date on which such installations will be complete. Such pilot program shall continue for 1 year following such installation.
2. For each city-controlled parking lot at which a solar canopy is installed under this subdivision, the department shall install no fewer than 5 electric vehicle chargers, each of which shall have a minimum charging capacity of 6 kilowatts. Such electric vehicle chargers shall be installed no later than the date on which such solar canopies are installed.
3. Nothing in this subdivision shall be interpreted so as to limit any obligation of the department or any other agency to install electric vehicle charging stations or related equipment pursuant to any other provision of law.
d. Report. No later than 6 months after the pilot program ends, the department or other agency designated by the mayor shall, with the cooperation of all other relevant agencies, submit to the mayor and the speaker of the council a report that includes the following:
1. The number of city-controlled parking lots at the start of the pilot program, and the locations of such parking lots;
2. The number and location of city-controlled parking lots the department identified as cost-effective for the installation of solar canopies pursuant to subdivision b of this section;
3. The number and location of city-controlled parking lots where solar canopies were installed as part of the pilot program established by subdivision c of this section; and
4. Any recommendations as to whether and how such pilot program may be expanded and made permanent.
(L.L. 2024/063, 5/18/2024, eff. 5/18/2024)