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.