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L.L. 2010/027
Enactment date: 7/13/2010
Preconsidered Int. No. 296
By Council Members Vallone, Fidler and Mealy (by request of the Mayor)
A Local Law to amend the administrative code of the city of New York, in relation to sound permits.
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 and shall expire 90 days after enactment.
L.L. 2010/029
Enactment date: 7/12/2010
Int. No. 210
By Council Members Crowley and Halloran (by request of the Mayor)
A Local Law to amend the administrative code of the city of New York, in relation to establishing fees for certain probation services.
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 that the provisions of section 9-201 of the administrative code of the city of New York, as added by section one of this local law, shall apply to any individual currently serving or who shall be sentenced to a period of probation and such fee shall become due and owing on the first day of the first calendar month occurring at least ninety days after the effective date of this local law and thereafter on the first day of the calendar month, and provided further that the provisions of section 9-202 of the administrative code of the city of New York, as added by section one of this local law, shall apply to an investigation ordered by the court on or after the effective date of this local law.
L.L. 2010/040
Enactment date: 8/16/2010
Int. No. 164-A
By Council Member Palma and the Speaker (Council Member Quinn) and Council Members Brewer, Dickens, Dromm, Fidler, James, Koppell, Lander, Lappin, Mark-Viverito, Rodriguez, Seabrook, Vann, Williams, Rose, Eugene, Jackson, Gennaro, Van Bramer, Levin, Koslowitz, Recchia, Chin, Ferreras, Barron, Garodnick, Mealy and Reyna
A Local Law to amend the administrative code of the city of New York, in relation to recycling goals, and to repeal section 16-304, subdivisions a and b of section 16-305 and subchapter three of chapter 3 of title 16 of the administrative code of the city of New York, relating to department-disposed of solid waste, department-collected solid waste and a recycling plan.
Be it enacted by the Council as follows:
Section 1. Declaration of legislative intent and findings. The Council finds that, despite the progress that has been made since the enactment of the New York City Recycling Law (Local Law 19 of 1989), there remains a significant amount of recyclable material that could be re-directed from the City's solid waste stream to the recycling stream. The recovery and reuse of such recyclable material will: (1) minimize environmentally unsound solid waste disposal methods; (2) conserve energy and reduce the City's contribution to global warming emissions; (3) reduce the quantity of heavy metals and other harmful substances in the waste stream; (4) reduce the amount of waste materials that must be exported at ever-increasing costs to out-of-state landfills and incinerators; and (5) reduce the costs to the City of handling solid waste.
The Council further finds that according to the Independent Budget Office, the costs per ton for collection and recycling of City solid waste are now similar to the costs per ton for curbside collection and disposal of non-recycled waste. It is projected that within the next five years, the costs to the City of recycling may actually fall below the costs for out-of-state export of City waste, and thereafter City taxpayers will benefit with each ton of waste that is recycled rather than exported for landfilling or incineration.
Additionally, the Council finds that recycling can benefit the City's economy by creating opportunities for new jobs in industries performing activities related to the recycling of City waste, as is exemplified by the Pratt Industries paper recycling plant on Staten Island and the new Sims Group recycling processing facility that is soon to be constructed at the South Brooklyn Marine Terminal in Sunset Park.
The New York State Solid Waste Management Act of 1988 established a hierarchy that identifies preferred waste management practices to reduce the State's dependency on land burial of solid wastes. The hierarchy, in descending order of preference, is waste prevention, reuse and recycling, followed by incineration and, lastly, landfilling. Pursuant to that law, the City has adopted its own 20-year Comprehensive Solid Waste Management Plan, which was most recently approved by the New York State Department of Environmental Conservation in 2006. Among the highlights of the 2006 Plan are commitments to a 20-year contract for the handling of City recyclables and a commitment to use rail and water-based modes of transportation instead of relying on environmentally harmful truck transportation when exporting our waste outside of the City.
The Council finds that while the City has made substantial progress in the implementation of its citywide recycling program since the passage of the New York City Recycling Law, there remain significant additional opportunities to increase recycling in New York City to the benefit of the City's environment and its economy. In the more than 20 years since Local Law 19 was enacted, recycling methods, markets and technologies have evolved, and recycling has become a major global industry. This bill revises the City's residential and institutional recycling programs to reflect changes to recycling systems, while also striving to set the course for continuing improvements to the City's recycling program in the future. The Council also expects this bill to ensure that the Department of Sanitation continues to explore improvements to and the expansion of recycling in New York City in the next decade.
Accordingly, the Council finds that two decades after the passage of the landmark New York City Recycling Law, it is necessary to amend that law to enhance its effectiveness and take advantage of new opportunities to move the City's recycling program into the 21st century.
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[Consolidated provisions are not included in this Appendix A]
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§ 12. This local law shall take effect immediately.
L.L. 2010/043
Enactment date: 8/16/2010
Int. No. 194-A
By Council Members Gennaro, Brewer, Fidler, James, Koppell, Lander, Sanders Jr., Van Bramer, Mark-Viverito, Lappin, Levin, Nelson, Garodnick, Crowley, Mendez, Vacca, Koslowitz, Recchia, Chin, Williams, Ferreras, Jackson and Barron
A Local Law to amend the administrative code of the city of New York, in relation to the use of clean heating oil in New York City.
Be it enacted by the Council as follows:
Section 1. Legislative findings and intent. The Council finds that heating oil is a significant local source of air pollution in New York City. According to a report of the Environmental Defense Fund, the combustion of heating fuel is responsible for approximately 14% of the local emissions of fine particulate matter, more than vehicle traffic or power plants. Particulate matter and other pollutants, such as sulfur and heavy metals, contribute to asthma, heart disease and other public health problems.
The Council finds that the use of bioheating fuel would reduce the emission of air pollutants, reduce cleaning and maintenance costs, increase the ease of handling fuel oils, provide other operational benefits, strengthen the alternative fuels market, support regional farmers and local businesses, and increase energy independence and the diversity of our energy supply.
The Council further finds that No. 4 and No. 6 residual heating oils are more polluting than No. 2 distillate heating oil. According to the New York City Community Air Survey's 2009 winter data report, the strongest predictor of particulate matter and sulfur dioxide in the air in New York City is the density of nearby buildings that burn fuel oil. Boilers burning heavier residual oils also require more maintenance because of the need to clean burners fouled by the high sulfur content of the oil and the need to heat the non-viscous oils before they can be pumped and burned. Accordingly, the Council finds that is it necessary to address pollutants from the heating oil sector by reducing the sulfur level of No. 4 oil.
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[Consolidated provisions are not included in this Appendix A]
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§ 7. If any section, subdivision, 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 law, which remaining portions shall continue in full force and effect.
§ 8.This local law shall take effect ninety days after enactment, except that the commissioner of environmental protection shall take such actions as are necessary for its implementation, including the promulgation of rules, prior to such effective date.
L.L. 2010/047
Enactment date: 10/6/2010
Int. No. 262-A
By Council Members Cabrera, Brewer, Foster, James, Lander, Palma, Reyna, Sanders Jr., Mark-Viverito, Van Bramer, Recchia, Weprin, Gennaro, Jackson, Garodnick, Fidler, Williams, Chin, Crowley, Koppell, Lappin, Levin, Rodriguez and Rose
A Local Law to amend the administrative code of the city of New York, in relation to reducing unnecessary artificial lighting in lobbies and hallways.
Be it enacted by the Council as follows:
Section 1. Statement of findings and purpose. The Council finds that current egress illumination requirements for lobbies and hallways under the New York city building code result in the electric lighting of egress spaces that are either sufficiently lit by daylight or that are unoccupied. The Council therefore finds that energy could be saved by reducing such excessive lighting requirements for such spaces.
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[Consolidated provisions are not included in this Appendix A]
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§ 5. This local law shall take effect on January 1, 2011, except that the commissioner of buildings shall take such actions as are necessary for its implementation, including the promulgation of rules, prior to such effective date.
L.L. 2010/049
Enactment date: 10/6/2010
Int. No. 267-A
By Council Members Gennaro, Barron, Brewer, Chin, Gentile, Gonzalez, James, Lander, Recchia, Sanders Jr., Mark-Viverito, Nelson, Arroyo, Van Bramer, Lappin, Williams, Garodnick, Weprin, Crowley, Greenfield, Koppell, Levin, Mealy, Reyna, Rose, Jackson and Fidler
A Local Law to amend the administrative code of the city of New York, in relation to including environmental concerns as a guiding principle and purpose of the New York city construction codes.
Be it enacted by the Council as follows:
Section 1. Statement of findings and purpose. Environmental concerns are not currently expressly stated as a purpose within the intent provisions of the New York city construction codes, although they are implicitly incorporated within such purposes as concerns affecting the public welfare. The Council finds that environmental concerns are of sufficient importance to the city that they should be expressly recognized as a guiding principle and interest in the New York city construction codes.
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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.
L.L. 2010/052
Enactment date: 10/6/2010
Int. No. 277-A
By Council Members Ulrich, Oddo, Brewer, James, Lander, Van Bramer, Williams, Lappin, Recchia Jr., Chin, Weprin, Gennaro, Jackson, Garodnick, Fidler, Mark-Viverito, Crowley, Koppell, Levin, Reyna, Rodriguez and Rose
Be it enacted by the Council as follows:
Section 1. Statement of findings and purpose. Certain current lighting requirements of the housing maintenance code are outdated and do not conform with other New York city codes, in particular the New York city energy conservation code. These requirements should be updated and revised in order to improve lighting efficiency in residential buildings, subject, where applicable, to any stricter requirements of the multiple dwelling law.
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[Consolidated provisions are not included in this Appendix A]
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§ 3. This local law shall take effect on January 1, 2011, except that the commissioner of housing preservation and development shall take such measures as are necessary for its implementation, including the promulgation of rules, prior to such effective date.
L.L. 2010/056
Enactment date: 10/28/2010
Int. No. 268-A
By Council Member Lander, Barron, Brewer, Chin, Vann, Williams, Mark-Viverito, Lappin, Nelson, Garodnick, Recchia Jr., Arroyo, Rodriguez, Van Bramer, Gennaro, Jackson, Levin, Eugene, Greenfield, Koppell and Koo
A Local Law to amend the administrative code of the city of New York, in relation to preventing water waste in buildings.
Be it enacted by the Council as follows:
Section 1. Statement of findings and purpose. Leaks and equipment malfunctions in buildings have the potential to waste a tremendous amount of water and can persist undetected for years. The council therefore finds that alarms and sub-meters attached to piping supplying water-using equipment will help building managers quickly detect such leaks and malfunctions, and save significant amounts of water from being wasted.
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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, 2011, except that the commissioner of buildings shall take such actions as are necessary for its implementation, including the promulgation of rules, prior to such effective date.
L.L. 2010/061
Enactment date: 12/7/2010
Int. No. 195-A
By Council Members Gonzalez, Palma, Comrie, Dromm, Nelson, Jackson, Gennaro, Van Bramer, Lappin, Gentile and Lander (by request of the Mayor)
A Local Law to amend the New York city charter and the administrative code of the city of New York in relation to merging the department of juvenile justice and the administration for children's services, and to repeal chapter 28 of such charter and subparagraph iii of paragraph 5 of subdivision a of section 12-307 of such code in relation thereto.
Be it enacted by the Council as follows:
Section One. Legislative history and intent. The goals of the New York City juvenile justice system are to ensure public safety and to help youth within the system become healthy, productive and law abiding New Yorkers. New York City recognizes what studies have shown: institutionalizing youth involved in the juvenile justice system does little to advance those goals. Accordingly, since 2002, the City reduced the number of youth being sent to State-administered residential facilities by 56%. The City also developed alternative to placement and detention programs that focus on addressing the underlying causes of a youth's delinquency such as the Juvenile Justice Initiative and the Collaborative Family Initiative. Most recently, in January 2010, Mayor Bloomberg announced the integration of the Department of Juvenile Justice ("DJJ") with the Administration of Children Services ("ACS") in order to expand programming designed to reduce recidivism among youth involved in the juvenile justice system. ACS will assume all of DJJ's responsibilities, including the administration of juvenile detention facilities and ensuring the well-being of youth in its care.
With the integration of DJJ into ACS, the New York City Council intends to further reduce the City's reliance on institutional placement of justice involved youth by increasing the availability of alternative to detention and placement programs. Studies show that alternative to detention and placement programs are less costly than institutionalization and that they are more effective at reducing recidivism, as youth learn how to relate to situations within their communities and with the people they interact with most. The Council further finds that the integration of DJJ into ACS will produce cost savings and operational efficiencies by combining two agencies that serve overlapping populations. With the integration of DJJ into ACS, the Council finds there is an opportunity to work with youth and their families to set youth on a path toward school, work and successful adulthood. The integration will serve to strengthen and enhance the services available to justice involved youth. These services will continue to address their special needs including, but not limited to, mental health issues or drug and alcohol dependency, so that they are able to get the help that they need and stay in their communities whenever possible.
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[Consolidated provisions are not included in this Appendix A]
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§ 7. Any agency or officer to which are assigned by or pursuant to this local law any functions, powers and duties shall exercise such functions, powers and duties in continuation of their exercise by the agency of officer by which the same were heretofore exercised and shall have power to continue any business, proceeding or other matter commenced by the agency or officer by which such functions, powers and duties were heretofore exercised. Any provision in any law, rule, regulation, contract, grant or other document relating to the subject matter of such functions, powers or duties, and applicable to the agency or officer formerly exercising the same shall, so far as not inconsistent with the provisions of this local law, apply to the agency or officer to which such functions, powers and duties are assigned by or pursuant to this local law.
§ 8. Any rule or regulation in force on the effective date of this local law, and promulgated by an agency or officer whose power to promulgate such type of rule or regulation is assigned by or pursuant to this local law to some other agency or officer, shall continue in force as the rule or regulation of the agency or officer to whom such power is assigned, except as such other agency or officer may hereafter duly amend, supersede or repeal such rule or regulation.
§ 9. If any of the functions, power or duties of any agency or part thereof is by or pursuant to this local law assigned to another agency, all records, property and equipment relating to such transferred function, power or duty shall be transferred and delivered to the agency to which such function, power or duty is so assigned.
§ 10. No existing right or remedy of any character accruing to the city shall be lost or impaired or affected by reason of the adoption of this local law.
§ 11. No action or proceeding, civil or criminal, pending at the time when this local law shall take effect brought by or against the city or any agency or officer, shall be affected or abated by the adoption of this local law or by anything herein contained; but all such actions or proceedings may be continued notwithstanding that functions, powers and duties of any agency or officer party thereto may by or pursuant to this local law be assigned or transferred to another agency or officer, but in that event the same may be prosecuted or defended by the head of the agency or the officer to which such functions, powers and duties have been assigned or transferred by or pursuant to this local law.
§ 12. Whenever by or pursuant to any provision of this local law, functions, powers or duties may be assigned to any agency or officer which have been heretofore exercised by any other agency or officer, officers and employees in the classified city civil service who are engaged in the performance of such functions, powers or duties may be transferred to the agency to which such functions, powers or duties may be assigned by or pursuant to this local law.
§ 13. Nothing contained in this local law shall affect or impair the rights or privileges of officers or employees of the city or of any agency existing at the time when this local law shall take effect, or any provision of law in force at the time when this local law shall take effect and not inconsistent with the provisions of this local law, in relation to the personnel, appointment, ranks, grades, tenure of office, promotion, removal, pension and retirement rights, civil rights or any other rights or privileges of officers or employees of the city generally or officers or employees of any agency.
§ 14. Officers and employees in the classified municipal services who are transferred to the Administration for Children's Services pursuant to the enactment of this local law shall be transferred without further examination or qualification and shall retain their respective civil service classification and status; and shall be transferred without affecting existing compensation or pension or retirement rights, or other privileges or obligations of such officers and employees.
§ 15. It is the intent of this local law to protect those rights enumerated in sections thirteen and fourteen as they apply to officers and employees in the classified municipal services of the Department of Juvenile Justice and the Administration for Children's Services who are affected by the merging of the Department of Juvenile Justice with the Administration for Children's Services. In the event of a reduction in force or the elimination of a job title at the Administration for Children's Services, all affected employees, including employees who transferred to that agency as a result of the merger authorized by this local law, shall be entitled to all the protections afforded under applicable provisions of the civil service law and collective bargaining agreements.
§ 16. Any license, permit or other authorization in force on the effective date of this local law, and issued by an agency, where the power of such agency to issue such license, permit or authorization is assigned by or pursuant to this local law to another agency or officer, shall continue in force as the license, permit or authorization of such other agency, or officer, except as such license, permit or authorization may expire or be altered, suspended or revoked by the appropriate agency or office pursuant to law. Such license, permit or authorization shall be renewable in accordance with the applicable law by the agency or officer with such power pursuant to law, including this local law.
§ 17. The provisions of this local law shall be severable and if any phrase, clause, sentence, paragraph, subdivision or section of this local law, or the applicability thereof to any person or circumstance, shall be held invalid, the remainder of this local law and the application thereof shall not be affected thereby.
§ 18. This local law shall take effect immediately or as soon as practicable thereafter as a transfer of functions may be effectuated pursuant to this local law and subdivision 2 of section 70 of the civil service law; provided, however, that any or all actions necessary to effectuate such transfer may be taken prior to such effective date, and such actions may include an agreement between the department of juvenile justice and the administration for children's services as to any matters relating to the administration of contracts entered into by the department of juvenile justice prior to such effective date.
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