L.L. 2011/008

Enactment date: 1/13/2011

Preconsidered Int. No. 451

By Council Members Recchia, Fidler, Mealy and Rose (by request of the Mayor)

A Local Law in relation to the date of submission by the mayor of a preliminary management report and the date prior to which the council shall conduct public hearings and the date by which the council shall submit a report or reports pertaining thereto, the date of submission by the director of management and budget and the director of city planning of a draft ten-year capital strategy, the date of submission by the city planning commission of a report on the draft ten-year capital strategy, the date of submission by the mayor of the preliminary certificate regarding debt and reserves and appropriations and expenditures for capital projects, the date of submission by the mayor of the preliminary budget, the date of publication by the director of the independent budget office of a report on revenues and expenditures, the date of submission by the community boards of statements in regard to the preliminary budget, the date of submission by the commissioner of finance of an estimate of the assessed valuation of real property and statement of real property taxes due, expected to be received, and uncollected, the date of submission by the mayor of a tax benefit report, the date of submission by the borough boards of statements on budget priorities, the date of submission by the council of estimates of the financial needs of the council, the date of submission by the borough presidents of proposed modifications of the preliminary budget, the date of publication by the director of the independent budget office of a report analyzing the preliminary budget, the date by which the council shall hold hearings and submit recommendations in regard to the preliminary budget, and the date of submission by the campaign finance board of estimates of the financial needs of the campaign finance board, 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 12 of the New York city charter, as amended by vote of the electors on November 7, 1989, the mayor shall pursuant to such section submit a preliminary management report as therein described not later than February 25, 2011, and the council shall conduct public hearings on such report prior to April 22, 2011 and submit to the mayor and make public not later than April 22, 2011, a report or reports of findings and recommendations.

   2.   Notwithstanding any inconsistent provisions of section 228 of the New York city charter, as added by vote of the electors on November 7, 1989, the director of management and budget and the director of city planning shall pursuant to such section jointly submit a draft ten-year capital strategy as therein described not later than February 17, 2011.

   3.   Notwithstanding any inconsistent provisions of section 234 of the New York city charter, as added by vote of the electors on November 7, 1989, the city planning commission shall pursuant to such section submit a report on the draft ten-year capital strategy as therein described not later than March 25, 2011.

   4.   Notwithstanding any inconsistent provisions of section 235 of the New York city charter, as added by vote of the electors on November 7, 1989, the mayor shall pursuant to such section submit and publish a preliminary certificate regarding debt and reserves and appropriations and expenditures for capital projects as therein described not later than February 17, 2011.

   5.   Notwithstanding any inconsistent provisions of section 236 of the New York city charter, as amended by local law number 25 for the year 1998, the mayor shall pursuant to such section submit a preliminary budget as therein described not later than February 17, 2011.

   6.   Notwithstanding any inconsistent provisions of section 237 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 publish a report on revenues and expenditures as therein described on or before March 4, 2011.

   7.   Notwithstanding any inconsistent provisions of section 238 of the New York city charter, as added by vote of the electors on November 7, 1989, each community board shall pursuant to such section submit a statement and recommendations in regard to the preliminary budget as therein described not later than March 17, 2011.

   8.   Notwithstanding any inconsistent provisions of section 239 of the New York city charter, as added by vote of the electors on November 7, 1989, the commissioner of finance shall pursuant to such section submit an estimate of the assessed valuation of real property and a certified statement of all real property taxes due as therein described not later than March 17, 2011.

   9.   Notwithstanding any inconsistent provisions of section 240 of the New York city charter, as added by vote of the electors on November 7, 1989, the mayor shall pursuant to such section submit a tax benefit report as therein described not later than March 17, 2011.

   10.   Notwithstanding any inconsistent provisions of section 241 of the New York city charter, as added by vote of the electors on November 7, 1989, each borough board shall pursuant to such section submit a statement of budget priorities as therein described not later than March 18, 2011.

   11.   Notwithstanding any inconsistent provisions of section 243 of the New York city charter, as added by vote of the electors on November 7, 1989, the council shall pursuant to such section approve and submit estimates of the financial needs of the council as therein described not later than March 25, 2011.

   12.   Notwithstanding any inconsistent provisions of section 245 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 any proposed modifications of the preliminary budget as therein described not later than March 18, 2011.

   13.   Notwithstanding any inconsistent provisions of section 246 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 preliminary budget as therein described on or before March 18, 2011.

   14.   Notwithstanding any inconsistent provisions of section 247 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 and submit recommendations as therein described not later than April 8, 2011.

   15.   Notwithstanding any inconsistent provisions of subdivision c of section 1052 of the New York city charter, as added by vote of the electors on November 3, 1998, the campaign finance board shall pursuant to such subdivision submit estimates of the financial needs of the campaign finance board as therein described not later than March 18, 2011.

§2. This local law shall take effect immediately and shall be retroactive to and deemed to have been in full force and effect as of November 1, 2010.

L.L. 2011/017

Enactment date: 3/16/2011

Int. No. 371-A

By Council Members Lappin, the Speaker (Council Member Quinn), Arroyo, Ferreras, Mendez, Garodnick, Reyna, Foster, Brewer, Fidler, James, Koppell, Koslowitz, Lander, Palma, Rose, Van Bramer, Rodriguez, Chin, Dickens, Dromm, Mark-Viverito, Jackson and Barron

A Local Law to amend the administrative code of the city of New York, in relation to pregnancy services centers.

Be it enacted by the Council as follows:

Section 1. Legislative findings and intent. It is the Council's intention that consumers in New York City have access to comprehensive information about and timely access to all types of reproductive health services including, but not limited to, accurate pregnancy diagnosis, prenatal care, emergency contraception and abortion.

Based on the evidence before it, the Council finds that some pregnancy services centers in New York City engage in deceptive practices, which include misleading consumers about the types of goods and services they provide on-site, misleading consumers about the types of goods and services for which they will provide referrals to third parties, and misleading consumers about the availability of licensed medical providers that provide or oversee services on-site. Such deceptive practices are used in advertisements for pregnancy services centers, which are misleading as to the services the centers do or do not provide.

The Council further finds that such deceptive practices can impede and/or delay consumers' access to reproductive health services. Some pregnancy services centers have engaged in conduct that wrongly leads clients to believe that they have received reproductive health care and counseling from a licensed medical provider. Prenatal care, abortion and emergency contraception are all time sensitive services. Increasing the proportion of women receiving adequate and early prenatal care is a pronounced objective of the United States Department of Health and Human Services. The federal Centers for Disease Control and Prevention urges that comprehensive prenatal care begin as soon as a woman decides to become pregnant. Similar to prenatal care, delayed access to abortion and emergency contraception poses a threat to public health. Delay in accessing abortion or emergency contraception creates increased health risks and financial burdens, and may eliminate a women's ability to obtain these services altogether, severely limiting her reproductive health options.

The Council seeks both to stop pregnancy services centers that are currently engaging in deceptive practices in New York City from continuing to do so and to prevent pregnancy services centers from engaging in deceptive practices in New York City in the future. The Council fully embraces the right of pregnancy services centers to express their views about reproductive health services and seeks only to prevent and/or mitigate the effects of deceptive practices. Existing laws do not adequately protect consumers from the deceptive practices targeted by this legislation. Specifically, anti-fraud statutes have proven ineffective in prosecuting deceptive centers because the vulnerable population served by these centers faces potential threats or injury to their well-being by bringing forward complaints which often contain highly sensitive personal information, such as the circumstances surrounding a client's unplanned pregnancy. Clients have demonstrated a reluctance to come forward and disclose the events that occurred when they attempted to obtain such services.

The Council also finds that pregnancy services centers may collect sensitive personal and health information from consumers inquiring about or seeking services at such centers. However, most pregnancy services centers are not subject to the federal and state laws that limit the disclosure of such information by providers of medical care. If such information were to be improperly released, it could be significantly damaging to the consumers who utilize such centers. The release of such private information is particularly troublesome where the client is a victim of intimate partner violence and/or domestic abuse. As a result, the Council finds it necessary to create protections for the personal and health information provided by consumers inquiring about or seeking services at pregnancy services centers.

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[Consolidated provisions are not included in this Appendix A]

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§ 3. Effect of invalidity; severability. If any section, subsection, 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.

§ 4. This local law shall take effect one hundred twenty days after its enactment into law, provided that the commissioner may promulgate any rules necessary for implementing and carrying out the provisions of this local law prior to its effective date.

L.L. 2011/018

Enactment date: 4/11/2011

Int. No. 417

By Council Members Koppell, Foster, Van Bramer, Gennaro and Rivera

A Local Law in relation to renaming one thoroughfare in the Borough of The Bronx, Southern Boulevard, and to amend the official map of the city of New York accordingly and co-naming one thoroughfare Dr. Theodore Kazimiroff Boulevard in the Borough of The Bronx.

Be it enacted by the Council as follows:

Section 1. The following street name, in the Borough of The Bronx, is hereby renamed as hereafter indicated.

 

New Name	Present Name	Limits
Southern Boulevard	Dr. Theodore Kazimiroff Boulevard	From Fordham Road to Allerton Avenue

 

§ 2. The following street name, in the Borough of The Bronx, is hereby designated as hereafter indicated.

 

New Name	Present Name	Limits
Dr. Theodore Kazimiroff Boulevard	Southern Boulevard	From Fordham Road to Allerton Avenue

 

§ 3. The official map of the city of New York shall be amended in accordance with the provisions of section one of this local law only.

§ 4. This local law shall take effect immediately.

L.L. 2011/019

Enactment date: 4/11/2011

Int. No. 446-A

By the Speaker (Council Member Quinn) and Council Members Brewer, Cabrera, Fidler, Gentile, Koslowitz, Nelson, Koo, Sanders Jr., Gennaro, Weprin and Greenfield (in conjunction with the Mayor)

A Local Law in relation to the naming of the Ed Koch Queensboro Bridge.

Be it enacted by the Council as follows:

Section 1. The following bridge located in the Boroughs of Manhattan and Queens is hereby designated as hereafter indicated.

 

New Name	Present Name
Ed Koch Queensboro Bridge	Queensboro Bridge

 

§ 2. The official map of the city of New York shall be amended in accordance with the provisions of section one of this local law.

§ 3. This local law shall take effect immediately.

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.