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L.L. 2013/031
Enactment date: 4/2/2013
Preconsidered Int. No. 1017
By Council Members Reyna, Chin, the Speaker (Council Member Quinn), Recchia, Lappin, Arroyo, Mealy, Koo, Eugene, Vallone, Barron, Cabrera, Comrie, Greenfield, James, King, Koslowitz, Lander, Mark-Viverito, Mendez, Nelson, Palma, Richards, Rose, Vacca, Vann, Halloran and Ulrich (in conjunction with the Mayor)
A Local Law in relation to waiver of fees for businesses recovering from damage caused by Hurricane Sandy.
Be it enacted by the Council as follows:
Section 1. Statement of intent. A severe storm, known as Hurricane Sandy, recently hit New York City causing heavy flooding, power outages, and widespread damage and disrupting the operation of businesses offering services that are essential to the economic vitality of the city and to the health and well-being of its residents. The expeditious resumption of business in storm damaged areas will be encouraged and incentivized by waiving certain fees that would otherwise be payable to agencies of the city for permits, licenses and inspections required by law in order for such businesses to rebuild and to operate.
§ 2. The fees listed in section 5 of this local law payable to city agencies in connection with the recovery from the effects of Hurricane Sandy by businesses that were in operation as of October 26, 2012, and that meet the eligibility criteria of this section, as determined by the Mayor or his or her designee, may be waived as set forth in this local law. The waiver of fees shall apply to fees otherwise payable to agencies on or prior to December 31, 2013 in connection with the repair or reconstruction of space occupied or to be occupied by eligible businesses, the alteration or repair of systems owned by eligible businesses and serving only space occupied by such eligible businesses, or the replacement of a vehicle required to do business. For the purposes of this section a building shall not be considered an eligible business. Businesses eligible for waiver of fees pursuant to this local law must meet the following criteria:
a. As of October 26, 2012, the business must (i) have been located in space that is in a building within the boundaries of a Disaster Recovery Area, as defined in section 4 of this local law; or (ii) have been located in a building that, after Hurricane Sandy, was assigned a red, yellow or green placard by the Department of Buildings; or (iii) have been a vehicle.
b. On or prior to October 31, 2013 the owner of the business must apply to the mayor or his or her designee for a determination of eligibility for waiver of applicable fees pursuant to this local law on forms and in a manner to be prescribed by the mayor or his or her designee. The owner must submit written certification signed by such owner or such other documentation as may be required by the mayor or his or her designee, confirming that: (i) the space occupied by such business or the vehicle required for the operation of such business suffered substantial damage as a result of Hurricane Sandy that has interfered significantly with and that continues to interfere significantly with the operation of such business in the manner in which it operated prior to Hurricane Sandy; and (ii) the business currently occupies or intends to re-occupy space in the same building that it occupied prior to Hurricane Sandy or in a new building within the same Business Recovery Zone, or intends to replace a vehicle required for the operation of the business that was rendered inoperable as a result of Hurricane Sandy.
§ 3. The owner of the business shall present the approved eligibility application to the applicable agency to obtain the fee waiver. The fee waiver may be granted only for eligible fees that would otherwise be payable by such business on or prior to December 31, 2013. An agency may refund fees paid by an eligible business after October 26, 2012 and prior to the effective date of this local law provided that an application for such refund is made to the agency on or prior to May 31, 2013.
§ 4. For the purposes of this local law the term Disaster Recovery Area means:
a. The area within Hurricane Evacuation Zones A and B, as designated by the New York City Office of Emergency Management on the New York City Hurricane Zone Maps in effect as of October 26, 2012; or
b. The area within any Business Recovery Zone created by the Department of Small Business Services and delineated on maps published on such department's web site.
§ 5. The following fees are eligible for waiver pursuant to this local law:
c. Department of Buildings. Application, permit and inspection fees required by Administrative Code § 28-112 for the following work: plumbing, scaffolds, sidewalk sheds, fences, signs, boilers, demolition, elevators, construction, limited alterations and after hours variances as well as fees required by Administrative Code § 27-3018 with respect to electrical work.
d. Fire Department.
(1) Fees required by New York City Fire Code Sections A03.1(3) and A03.1(37) with respect to the inspection and testing of liquid motor fuel dispensing system installations.
(2) Fees required by New York City Fire Code Section A03.1(20) with respect to acceptance testing of fire protection systems, including fire alarm systems, fire extinguishing systems and fire pumps.
(3) Fees required by New York City Fire Code Section A03.1(45) and fire department rule 3 RCNY § (e) with respect to plan examinations applicable to review of design and installation documents for liquid motor fuel dispensing systems and fire protection systems.
e. Department of Small Business Services. Fees required by 66 RCNY § 4-01 with respect to waterfront construction work, equipment use permits, mooring permits, fill work permits and certificates of completion.
f. Department of Transportation. Fees required by 34 RCNY § 2-03 with respect to street opening permits, building operations and construction activity permits, debris containers, sidewalk construction permits, vault permits and canopy permits.
g. Landmarks Preservation Commission. Fees required by 63 RCNY § 13-04 with respect to certificates of appropriateness and certificates of no effect
§ 6. Within 90 days after the repeal of sections 1 through 5 of this local law pursuant to section 7 of this local law, the mayor or the mayor's designee shall compile information, so as to submit a report to the mayor and the speaker regarding the number of businesses that submitted applications for a waiver of applicable fees pursuant to this local law, including the number that were determined to be eligible and the number that were determined not to be eligible. The report shall specify the geographic distribution of such businesses.
§ 7. This local law shall take effect immediately except that sections 1 through 5 of this local law shall remain in effect up to and including December 31, 2013 after which such sections 1 through 5 shall be deemed repealed.
L.L. 2013/032
Enactment date: 4/23/2013
Int. No. 694-A
By Council Members Gennaro, Garodnick, Brewer, Fidler, Gentile, James, Koppell, Lander, Mark-Viverito, Palma, Williams, Arroyo, Levin, Dromm, Van Bramer, Barron, Eugene, Greenfield, Jackson, Richards, Halloran and Ulrich
A Local Law in relation to studying the feasibility of developing geothermal energy.
Be it enacted by the Council as follows:
Section 1. Definitions. For the purposes of this local law, the following terms shall mean:
a. "Energy" shall mean work or heat that is, or may be, produced from any fuel or source, including, but not limited to, electrical, fossil, geothermal, wind, hydro, solid waste, tidal, solar and nuclear.
b. "Geothermal energy" shall mean the stored thermal energy of the Earth that is recovered to heat or cool buildings, or generate electricity.
c. "Geothermal ground coupling" shall mean the arrangement of piping and fluid handling equipment designed to exchange the stored thermal energy of the Earth with a building.
d. "Geothermal system" shall mean a type of heating, ventilating and air conditioning (HVAC) system used to exchange the stored thermal energy of the Earth with a building, to provide space heating and cooling, and hot water through the use of geothermal ground coupling and mechanical heat exchange devices such as heat pumps, modular reversible chillers, or other heat exchangers.
§ 2. Geothermal energy study and recommendations. As provided in section three of this local law, the office of long-term planning and sustainability shall submit a study to the mayor and the speaker of the council to explore the feasibility of developing geothermal energy resources in the city, which shall include, but need not be limited to:
a. a map that visually identifies or estimates areas of the city that may be appropriate for geothermal energy exchange with the Earth based on subsurface geologic conditions and the type or types of geothermal system that would be appropriate for each such area, and that can be used to determine whether a building may be within any such area;
b. a summary of building characteristics that would be suitable for a retrofit installation of a geothermal system;
c. an analysis of the viability of developing large district or campus-scale geothermal ground couplings to serve clusters of buildings;
d. a summary of the applicable federal, state, and city laws, rules, regulations, filing requirements, and fees for the installation and operation of geothermal systems;
e. a summary of the specific practical and legal impediments, if any, to the installation and operation of geothermal systems;
f. a summary of existing technical standards and/or guidelines for geothermal system installations in the city of New York; and
g. recommendations to promote the installation and use of geothermal systems in new construction, alterations, and retrofits of buildings.
§ 3. The study required by section two of this local law shall be submitted to the mayor and the speaker of the council on or before June 1, 2014. The statistical or factual information compiled by the city and utilized in such study shall be made available to the public on the city's open data web portal at the time the study is submitted.
§ 4. This local law shall take effect immediately.
L.L. 2013/035
Enactment date: 4/23/2013
Int. No. 949-A
By Council Members Reyna, Comrie, Koo, Mendez, Rose, Wills, Vallone, Gentile, Arroyo, Levin, Dromm, Eugene, King, Rodriguez, Barron, Gennaro, Greenfield, Jackson, Lander, Williams and Halloran
A Local Law to provide for retrospective review by the department of buildings, the department of consumer affairs, the department of health and mental hygiene, the department of environmental protection, the department of sanitation, the department of transportation, and the fire department of those agencies' existing violations.
Be it enacted by the Council as follows:
Section 1. Retrospective review of existing violations. Within 120 days of the enactment of this section, the department of buildings, the department of consumer affairs, the department of health and mental hygiene, the department of environmental protection, the department of sanitation, the department of transportation, and the fire department shall conduct a retrospective review of those provisions of the administrative code, the rules of the city of New York, and the New York city health code which establish violations and which are enforced by such agency, and shall submit a report to the mayor and the speaker regarding those existing violations for which a penalty or fine may be assessed for which there is no cure period or other opportunity for ameliorative action by the party or parties subject to enforcement prior to the imposition of a penalty or fine. This report shall include:
(1) a description of each violation for which the agency recommends that a cure period or other opportunity for ameliorative action be provided prior to the imposition of a penalty or fine, and the basis for such conclusion; and
(2) a list of all other existing violations established by the agency's rules for which a penalty or fine may be assessed for which there is no cure period or other opportunity for ameliorative action by the party or parties subject to enforcement prior to the imposition of a penalty or fine. This list shall identify, either on individual item or aggregate basis, the rationale for the absence of a cure period or other opportunity for ameliorative action.
§ 2. This local law shall take effect immediately.
L.L. 2013/037
Enactment date: 4/23/2013
Preconsidered Int. No. 1032
By Council Members Recchia, Comrie and Koo (by request of the Mayor)
A Local Law in relation to the date of issuance and publication by the Mayor of a ten-year capital strategy, the date of submission by the Mayor of the proposed executive budget and budget message, the date of submission by the Borough Presidents of recommendations in response to the Mayor's executive budget, the date of publication of a report by the director of the independent budget office analyzing the executive budget, the date by which the Council hearings pertaining to the executive budget shall conclude, the date by which if the expense budget has not been adopted, the expense budget and tax rate adopted as modified for the current fiscal year shall be deemed to have been extended for the new fiscal year until such time as a new expense budget has been adopted, the date by which if a capital budget and a capital program have not been adopted, the unutilized portion of all prior capital appropriations shall be deemed reappropriated, the date of submission by the Mayor of an estimate of the probable amount of receipts, the date by which any person or organization may submit an official alternative estimate of revenues, the date by which if the Council has not fixed the tax rates for the ensuing fiscal year, the commissioner of finance shall be authorized to complete the assessment rolls using estimated rates, and related matters, relating to the fiscal year two thousand fourteen.
Be it enacted by the Council as follows:
Section 1. During the calendar year 2013 and in relation to the 2014 fiscal year:
1. Notwithstanding any inconsistent provisions of section 248 of the New York city charter, as added by vote of the electors on November 7, 1989, the Mayor shall pursuant to such section issue and publish a ten-year capital strategy as therein described not later than May 2, 2013.
2. Notwithstanding any inconsistent provisions of section 249 of the New York city charter, as added by vote of the electors on November 7, 1989, subdivision a of section 249 as amended by local law number 25 for the year 1998, the Mayor shall pursuant to such section submit a proposed executive budget and budget message as therein described not later than May 2, 2013.
3. Notwithstanding any inconsistent provisions of section 251 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 recommendations in response to the Mayor's executive budget as therein described not later than May 13, 2013.
4. Notwithstanding any inconsistent provisions of section 252 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 executive budget as therein described not later than May 21, 2013.
5. Notwithstanding any inconsistent provisions of section 253 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 on the executive budget as therein described, which shall conclude by June 6, 2013.
6. Notwithstanding any inconsistent provisions of subdivision d of section 254 of the New York city charter, as added by vote of the electors on November 7, 1989, and subdivision b of section 1516 of the New York city charter, as amended by vote of the electors on November 7, 1989, if an expense budget has not been adopted by June 12, 2013 pursuant to subdivisions a and b of section 254 of the New York city charter, the expense budget and tax rate adopted as modified for the current fiscal year shall be deemed to have been extended for the new fiscal year until such time as a new expense budget has been adopted.
7. Notwithstanding any inconsistent provisions of subdivision e of section 254 of the New York city charter, as added by vote of the electors on November 7, 1989, if a capital budget and a capital program have not been adopted by June 12, 2013 pursuant to subdivisions a and b of such section, the unutilized portion of all prior capital appropriations shall be deemed reappropriated.
8. Notwithstanding any inconsistent provisions of subdivision a of section 1515 of the New York city charter, as amended by vote of the electors on November 7, 1989, the Mayor shall pursuant to such subdivision prepare and submit to the Council an estimate of the probable amount of receipts as therein described not later than June 12, 2013.
9. Notwithstanding any inconsistent provisions of subdivision d of section 1515 of the New York city charter, as added by vote of the electors on November 7, 1989, any person or organization may pursuant to such subdivision submit an official alternative estimate of revenues as described therein at any time prior to May 21, 2013.
10. Notwithstanding any inconsistent provisions of subdivision a of section 1516-a of the New York city charter, as amended by vote of the electors on November 7, 1989, if the Council has not fixed the tax rates for the ensuing fiscal year on or before June 12, 2013, the commissioner of finance shall pursuant to such subdivision be authorized to complete the assessment rolls using estimated rates and to collect the sums therein mentioned according to law. The estimated rates shall equal the tax rates for the current fiscal year.
11. Notwithstanding any inconsistent provisions of subdivision b of section 1516-a of the New York city charter, as amended by vote of the electors on November 7, 1989, if, subsequent to June 12, 2013, the Council shall, pursuant to section 1516 of the New York city charter, fix the tax rates for the ensuing fiscal year at percentages differing from the estimated rates, real estate tax payments shall nevertheless be payable in accordance with subdivision a of section 1516-a of such charter at the estimated rates, where the commissioner of finance has exercised the authority granted by subdivision a of section 1516-a of such charter to complete the assessment rolls using estimated rates and to collect the sums therein mentioned according to law. However, in such event, prior to the first day of January in such fiscal year, the commissioner of finance shall cause the completed assessment rolls to be revised to reflect the tax rates fixed by the Council pursuant to section 1516 of such charter, and an amended bill for the installment or installments for such fiscal year due and payable on or after the first day of January shall be submitted to each taxpayer in which whatever adjustment may be required as a result of the estimated bill previously submitted to the taxpayer shall be reflected.
§ 2. This local law shall take effect immediately.
L.L. 2013/044
Enactment date: 6/6/2013
Int. No. 981-A
By Council Members Rose, Brewer, Eugene, James, Mendez, Vann, Williams, Dromm, Rodriguez, Gonzalez, Palma, Van Bramer, Foster, Lander, Nelson, Gennaro, Chin, Arroyo, Barron, Jackson, Mark-Viverito, Mealy and Wills
A Local Law to amend the administrative code of the city of New York, in relation to requiring the administration for children's services to publish demographic data and incident reports on youth detained and placed in its juvenile facilities, and to repeal chapter 2 of title 9 of the administrative code of the city of New York, relating to the department of juvenile justice.
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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§ 6. This local law shall take effect immediately, provided that:
a. the requirement to report on admissions data regarding limited secure placement facilities described in subparagraph ii of paragraph one of subdivision c of section 21-905, as added by section four of this local law, shall take effect in the report due by September 30, 2015;
b. the requirement to report on the average daily population in non-secure placement facilities, as described in subparagraph i of paragraph one of subdivision d of section 21-905, as added by section four of this local law, shall take effect in the report due by September 30, 2014;
c. the requirement to report on the average daily population in limited-secure placement facilities, as described in subparagraph ii of paragraph one of subdivision d of section 21-905, as added by section four of this local law, shall take effect in the report due by September 30, 2015;
d. the requirement to report on the number of youth admitted who spent time either in non-secure placement only, limited secure placement only, or both non-secure and limited secure placement, as described in paragraph two of subdivision d of section 21-905, as added by section four of this local law, shall take effect in the report due by September 30, 2015;
e. the requirement to report on transfers, as described in subdivision e of section 21-905, as added by section four of this local law, shall take effect in the report due by September 30, 2014;
f. the requirement to disaggregate incident data by limited secure placement facilities, as described in subparagraph iv of paragraph two of subdivisions a and b of section 21-906, as added by section five of this local law, shall take effect in the report due by September 30, 2014;
g. the requirement to publish data regarding bias-based incidents that occur in detention and placement facilities, pursuant to subparagraph viii of paragraph one of subdivision a of section 21-906, as added by section five of this local law, shall take effect in the report due by September 30, 2014; and
h. the requirement to disaggregate data by youth transferred to an ACS placement facility, as described in subparagraph vii of paragraph two of subdivision c of section 21-905, as added by section four of this local law, shall expire three years after it shall have become a law.
Notwithstanding the preceding sentence, the requirement to report on limited-secure placement facilities shall not take effect until such facilities have been operational for a period of three months.
L.L. 2013/046
Enactment date: 6/26/2013
Int. No. 97-A
By Council Members Brewer, Lappin, Mendez, Palma, Gonzalez, Ferreras, Koppell, Recchia, Gentile, Mark-Viverito, Rodriguez, James, Williams, Levin, Rose, Jackson, Chin, Barron, Ulrich, Mealy, Nelson, Vann, Crowley, Foster, Lander, Van Bramer, Dromm, Garodnick, Rivera, Cabrera, Eugene, Koslowitz, Vacca, Weprin, Reyna, Arroyo, King, Richards, Wills, Gennaro, Dickens, Comrie and the Public Advocate (Mr. de Blasio)
A Local Law to amend the New York city charter and the administrative code of the city of New York, in relation to the provision of sick time earned by employees.
Be it enacted by the Council as follows:
Section 1. Legislative intent. The City Council finds that nearly every worker at some time during each year will need time off from work to take care of his or her health needs or the health needs of family members. Providing the right to earned sick time will therefore have a positive effect on the public health of the City and lessen the spread of and exposure to diseases. The Council further finds that supporting a healthy workforce will foster greater employee retention and productivity, and recognizes that responsible businesses that already have policies that allow time off that amounts to at least the minimum requirements under this law, and that can be taken for the same reasons and under the same conditions as enumerated in this legislation, will not be required to provide additional sick time. Providing sick time to workers at a time when the economy is improving, and ensuring that workers' jobs are protected when they need to take a sick day, strikes the right balance and will result in a more prosperous, safe and healthy City.
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[Consolidated provisions are not included in this Appendix A]
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§ 4. Effect of invalidity; severability. If any section, subdivision, paragraph, sentence, clause, phrase or other 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.
§ 5. Independent Budget Office report. Pursuant to section 260 of the New York City Charter, no later than thirty months after employers with twenty or more employees are required to provide sick time to employees pursuant to section 3 of this local law, the Independent Budget office ("IBO") shall report to the Mayor and the Council and post on its website a report presenting data related to the costs and benefits of the Earned Sick Time Act. Such report shall include to the extent practicable given available data and methodologies, but not be limited to, data regarding wage and employment rates; businesses, including small business start-up and failure rates, expenses and revenues; and infectious disease rates; and shall include to the extent practicable a comparison of New York City with surrounding counties and large cities comparable to New York City that do not provide sick time. When reporting this data, the IBO director shall ensure that IBO uses appropriate and professionally accepted methodologies for comparing similar data and identify such methodologies in the report, and shall clearly specify the extent to which the earned sick time act can properly be determined to have had an impact on any of the data analyzed. The report shall be contingent on the availability to IBO of data the IBO director determines to be necessary to complete such report. The IBO director shall be authorized to secure such information, data, estimates and statistics from the agencies of the City as the director determines to be necessary in the preparation of such report, and such agencies shall provide such information to the extent that it is available in a timely fashion.
§ 6. Independent Budget Office review and determination. On December 16, 2013, the Independent Budget Office shall submit to the Council and the Mayor and post on its website a determination stating whether the most recent New York City Coincident Economic Index or similar successor index as published by the Federal Reserve Bank of New York (the "Index") is at or above its January 2012 level. If such determination states that the Index is below its January 2012 level, the IBO shall make and submit a determination every June 16 and December 16 of each year thereafter, until it determines that the Index is at or above its January 2012 level.
§ 7. This local law shall take effect pursuant to the following schedule:
(1) If the December 16, 2013 Independent Budget Office ("IBO") determination shows that the most recent New York City Coincident Economic Index or similar successor index as published by the Federal Reserve Bank of New York (the "Index") is at or above its January 2012 level, then:
(a) all employers that employ twenty or more employees must comply with the provisions of this local law on April 1, 2014;
(b) all employers that employ fifteen to nineteen employees or a domestic worker must comply with the provisions of this local law regarding paid sick time on October 1, 2015; and
(c) all employers with employees not entitled to paid sick time pursuant to chapter 8 of title 20 of the administrative code as added by section 3 of this local law, including those employers covered by paragraph 3 of subdivision a of section 20-913 of such code as added by section 3 of this local law during the period specified therein, must comply with the provisions of this local law on April 1, 2014.
(2) If on December 16, 2013, the Index is not at or above its January 2012 level, but on June 16, 2014, the Index is at or above its January 2012 level as determined by the IBO, then:
(a) all employers that employ twenty or more employees must comply with the provisions of this local law on October 1, 2014;
(b) all employers that employ fifteen to nineteen employees or a domestic worker must comply with the provisions of this local law regarding paid sick time on April 1, 2016; and
(c) all employers with employees not entitled to paid sick time pursuant to chapter 8 of title 20 of the administrative code as added by section 3 of this local law, including those employers covered by paragraph 3 of subdivision a of section 20-913 of such code as added by section 3 of this local law during the period specified therein, must comply with the provisions of this local law on October 1, 2014.
(3) If on June 16, 2014, the Index is not at or above its January 2012 level, but on December 16, 2014, the Index is at or above its January 2012 level as determined by the IBO, then:
(a) all employers that employ twenty or more employees must comply with the provisions of this local law on April 1, 2015;
(b) all employers that employ fifteen to nineteen employees or a domestic worker must comply with the provisions of this local law regarding paid sick time on October 1, 2016; and
(c) all employers with employees not entitled to paid sick time pursuant to chapter 8 of title 20 of the administrative code as added by section 3 of this local law, including those employers covered by paragraph 3 of subdivision a of section 20-913 of such code as added by section 3 of this local law during the period specified therein, must comply with the provisions of this local law on April 1, 2015.
(4) If on December 16, 2014 the Index is not at or above its January 2012 level, then the IBO shall make a determination every June 16th and December 16th of each year thereafter until such Index is at or above its January 2012 level, and the effective date of this local law for all employers shall be on the succeeding October 1 or April 1, respectively, after the first such determination that the Index is at or above its January 2012 level.
(5) Notwithstanding the preceding paragraphs (1) through (4), in the case of employees covered by a valid collective bargaining agreement in effect on the effective date prescribed by such preceding paragraphs, this local law shall take effect on the date of the termination of such agreement.
(6) This local law shall take effect pursuant to the preceding paragraphs, and the commissioner of consumer affairs shall take such measures as are necessary for its implementation, including the promulgation of rules, prior to such effective date.
L.L. 2013/048
Enactment date: 7/1/2013
Int. No. 1010-A
By Council Members Recchia, Comrie, Fidler, Koo, Nelson and Gennaro (by request of the Mayor)
A Local Law to amend the administrative code of the city of New York, in relation to exemption from taxation for alterations and improvements to multiple dwellings.
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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§ 4. This local law shall take effect immediately and shall be deemed to have been in full force and effect on and after December 31, 2011, provided, however, that section four of this local law shall not be deemed to change the eligibility for benefits, pursuant to such section, as a result of conversions, alterations or improvements completed before December 31, 2011.
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