L.L. 2011/021

Enactment date: 4/29/2011

Int. No. 347-A

By Council Member Garodnick, Brewer, Chin, Comrie, Fidler, Gentile, Gonzalez, James, Koppell, Lander, Mark-Viverito, Nelson, Palma, Sanders Jr., Vann, Williams, Rodriguez, Gennaro, Van Bramer, Levin, Lappin, Recchia, Vallone, Crowley, Jackson, Koo, Wills, Barron and Greenfield

A Local Law to amend the administrative code of the city of New York and the New York city building code, in relation to roof coating standards.

Be it enacted by the Council as follows:

Section 1. Legislative findings and intent. The Council finds that the use of cool roofs as a mitigation strategy for the "urban heat island effect" – the tendency of urban areas to be hotter than their suburban surroundings because of dark absorbent surfaces and a lack of vegetation – can result in lower energy use and reduced air pollution and greenhouse gas emissions, while at the same time improving health and comfort in warm weather. A cool roof transfers less heat to the building below so that the building stays cooler and more comfortable during the summer, resulting in the use of less energy for cooling. A cool roof coating also increases the durability of the roof membrane because it is subject to reduced thermal cycling amplitude and UV radiation. At the same time local climate and site specific factors play a role in the amount of savings achieved. Cool roofs result in energy savings when they are most needed, during very hot summer periods subject to peak electrical demand. The disadvantages over the heating season, known as the "winter penalty", have been found to be minimal in studies of New York City's installations. The Council further finds that studies show that North Atlantic states with relatively long heating seasons may nonetheless benefit and reap net savings from cool roofs because of high electricity costs in places like New York City. On a global level, implementing the proposal will also help combat global warming, because light is reflected into space rather than being turned into heat, which is then trapped in the CO 2 blanket. Further, to the extent that energy demand is lessened, it can result in fewer air emissions and air quality related environmental diseases. New York City began addressing these issues by incorporating a requirement for white roofs in its last code cycle. Therefore, the Council finds that it is in the best interests of New York City to strengthen its roof coating standards to require the use of more reflective and emissive materials.

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[Consolidated provisions are not included in this Appendix A]

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§ 6. This local law shall take effect on January 1, 2012.

L.L. 2011/023

Enactment date: 4/29/2011

Preconsidered Int. No. 537

By Council Members Recchia and Cabrera (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 twelve.

Be it enacted by the Council as follows:

Section 1. During the calendar year 2011 and in relation to the 2012 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 5, 2011.

   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 5, 2011.

   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 16, 2011.

   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 24, 2011.

   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, 2011.

   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 14, 2011 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 14, 2011 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 14, 2011.

   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 24, 2011.

   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 14, 2011, 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 14, 2011, 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. 2011/034

Enactment date: 5/16/2011

Int. No. 467-A

By Council Members Garodnick, James, Seabrook, Williams, Comrie, Gennaro, Koslowitz, Gentile, Jackson, Cabrera, Halloran and Dickens

A Local Law to amend the administrative code of the city of New York, in relation to the permitted number of pedicab registration plates.

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. Section 6 of Local Law 53 of 2009 is amended to read as follows:

6. This local law shall take effect immediately, except that section five of this local law shall take effect one hundred days after it shall have become a law, and provided that pedicab businesses may continue to operate without a pedicab business license, and pedicab drivers may continue to operate pedicabs without a registration plate and without a pedicab driver's license, until the expiration of one hundred days of the effective date of this local law[, and provided that subdivisions a, b, and d of section 20-251 of the administrative code of the city of New York, as added by section four of this local law, shall be deemed repealed eighteen months after the sixtieth day of the application period for registration plates].

§ 3. This local law shall take effect immediately, provided that subdivisions a, b and d of section 20-251 of the administrative code of the city of New York, as added by local law number 53 for the year 2009, shall not be deemed to have been repealed as of the date specified in section 6 of such local law.

L.L. 2011/037

Enactment date: 6/7/2011

Int. No. 444-A

By Council Members Palma, Arroyo, Cabrera, Chin, Dromm, Ferreras, Fidler, Foster, Jackson, James, Koppell, Lander, Levin, Sanders Jr., Van Bramer, Williams, Mealy, Wills, Brewer, Recchia Jr., Gennaro, Weprin, Barron, Mendez, Mark-Viverito, Vacca, Rodriguez, Greenfield and Reyna

A Local Law to amend the administrative code of the city of New York, in relation to requiring the Mayor's Office of Operations to report data regarding utilization of and applications for citywide temporary emergency housing and associated services.

Be it enacted by the Council as follows:

Section 1. Findings and Intent. Many city agencies administer facilities that provide services, including temporary places to stay, for families and individuals who do not have anywhere to stay overnight or who need assistance finding or maintaining stable housing. While the Department of Homeless Services ("DHS") administers the majority of these facilities and DHS regularly reports on the utilization of the services in its purview, it does not report on those administered by other city agencies, such as the Department of Housing Preservation and Development, the Human Resources Administration and the Department of Youth and Community Development. Not having regular data concerning the number of people who utilize such facilities and who are being served by agencies other than DHS can result in the significant undercounting of the number of people in New York City who need temporary emergency housing and those who utilize associated services. In order to accurately determine the extent of the need for temporary emergency housing and associated services in the city, the Council finds that all agencies that provide such housing and services must routinely report the number of individuals and/or families who utilize such facilities.

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[Consolidated provisions are not included in this Appendix A]

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§ 3. This local law shall take effect immediately.

L.L. 2011/038

Enactment date: 6/7/2011

Int. No. 450-A

By Council Members Vallone, Williams, Oddo, Crowley, Arroyo, Brewer, Cabrera, Dromm, Fidler, Gentile, Jackson, James, Koppell, Koslowitz, Lander, Mealy, Mendez, Nelson, Palma, Recchia, Rodriguez, Vacca, Vann, Lappin, Garodnick, Van Bramer, Weprin, Eugene, Dilan, Gonzalez, Chin, Greenfield, Mark-Viverito, Reyna, Rose, Wills, Halloran, Koo and Ulrich.

A Local Law in relation to increasing the maximum age for qualifying for membership in the fire department for certain persons.

Be it enacted by the Council as follows:

Section 1. Notwithstanding any inconsistent provision of section 15-103 of the administrative code of the city of New York, no person shall be disqualified from membership in the fire department on the basis of exceeding the otherwise applicable maximum age requirement for the first open competitive examination for firefighter, or the first promotion examination for firefighter in the case of persons eligible to take such examination, given after the effective date of this local law if he or she has not passed his or her thirty-sixth birthday on the date of filing his or her application for the first open competitive examination for firefighter, or the first promotion examination for firefighter in the case of persons eligible to take such examination, given after the effective date of this local law and he or she either (i) could not be appointed from an eligible list for the position of firefighter, including but not limited to a special military eligible list, established before the effective date of this local law because such list could not be used in whole or in part by the fire department due to litigation or (ii) took a civil service examination for the position of firefighter in the five years preceding the effective date of this local law. No person who qualifies under this local law shall be disqualified from membership in the department on the basis of exceeding such maximum age requirement because of having passed his or her thirty-sixth birthday subsequent to the filing of his or her application.

§ 2. This local law shall take effect immediately.

L.L. 2011/039

Enactment date: 6/28/2011

Int. No. 64-A

By Council Members Dilan, Gonzalez, Gennaro, Weprin, Jackson, Koo and Ulrich (by request of the Mayor)

A Local Law to amend the administrative code of the city of New York, in relation to the electrical code, the repeal of section 27-3025 of the administrative code of the city of New York and the enactment of a new section 27-3025.

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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§14.   (a)   This local law shall take effect on July 1, 2011, except that the provisions of subdivision j of section 27-3018 as set forth in section nine of this local law and section 27-3021.2 as set forth in section eleven of this local law shall take effect on March 1, 2012, provided that the commissioner of buildings shall take all actions necessary for implementation of this local law, including the promulgation of rules, prior to each such effective date.

   (b)   Phase-in period of new standards for electrical work. During the period from July 1, 2011 through December 31, 2011 (the phase-in period), electrical work may be performed either in accordance with the electrical code technical standards adopted pursuant to section 27-3024 and section 27-3025 of the administrative code of the city of New York, as enacted by section 12 and section 13, respectively, of this local law, or in accordance with the standards set forth in chapter 3 of title 27 of such code in effect prior to July 1, 2011, at the option of the licensed master or special electrician or other authorized person performing the work.

   (c)   A copy of the 2008 edition of the National Fire Protection Association NFPA 70 National Electrical Code, incorporated by reference into this local law, shall be kept on file by the City Clerk with this local law and shall be available for public inspection.

L.L. 2011/040

Enactment date: 6/28/2011

Int. No. 361-A

By Council Members Brewer, Cabrera, Chin, Dromm, Ferreras, Fidler, Gentile, James, Koppell, Lander, Mealy, Palma, Rose, Sanders Jr., Vacca, Van Bramer, Williams, Rodriguez, Mendez, Nelson, Gennaro, Weprin, Barron, Vallone, Wills, Gonzalez, Garodnick, Halloran, Ulrich and Koo

A Local Law to amend the administrative code of the city of New York, in relation to the posting of executive orders and memoranda of understanding on the city's website.

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 shall take effect immediately; provided, however, that: (a) all executive orders issued on or after January 1, 1974 through December 31, 2001 shall be made available on the city's website on or prior to January 1, 2012 and all executive orders issued on or after January 1, 2002 shall be made available on the city's website on or prior to July 1, 2011; and (b) memoranda of understanding or similar agreements entered into on or after July 1, 2010 and prior to December 15, 2011 that are within the scope of this local law shall be made available on the city's website not later than April 1, 2012.