L.L. 2011/020

Enactment date: 4/29/2011

Int. No. 341-A

By Council Members Dilan, Barron, Brewer, Cabrera, Chin, Comrie, Fidler, Garodnick, Gentile, Gonzalez, James, Koppell, Koslowitz, Lander, Mark-Viverito, Nelson, Palma, Rose, Vann, Williams, Rodriguez, Van Bramer, Halloran, Levin, Lappin, Recchia, Vallone, Crowley, Gennaro, Jackson, Wills, Greenfield, Reyna, Koo and Ulrich

A Local Law to amend the administrative code of the city of New York and the New York city building code, in relation to allowing large solar rooftop installations.

Be it enacted by the Council as follows:

Section 1. Legislative findings and intent. The Council finds that solar energy can meet some of New York City's energy needs, and that it is cleaner, cheaper, more sustainable and provides greater energy security. Growth in the solar power industry is also expected to create many jobs in New York City because the City has adequate solar resources to aggressively pursue increased solar power installations. Growth in the solar industry also has the potential to reduce energy costs over time. However existing Building Code provisions limit the percentage of the area of a roof that photovoltaic and solar thermal panels may cover without counting as additional height or stories making it more costly to install solar power collection and generation systems now. Therefore the Council finds that it is in the best interests of the City to remove these barriers and further incentivize installations of solar thermal and photovoltaic panels by permitting more than one third of the area of the roof to be covered by solar photovoltaic and solar thermal panels without counting as an additional floor.

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[Consolidated provisions are not included in this Appendix A]

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§ 5. This local law shall take effect immediately.

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.