L.L. 2010/001

Enactment date: 3/2/2010

Int. No. 1

By Council Members Arroyo, Vallone, Recchia, the Speaker (Council Member Quinn), Foster, Gonzalez, Koppell, Koslowitz, Nelson, Palma, Rivera, Crowley, White, Gennaro, Reyna and Van Bramer

A Local Law to amend the administrative code of the city of New York, in relation to criminal street gang initiation activity.

Be it enacted by the Council as follows:

Section 1. Declaration of legislative findings and intent. The Council hereby finds and declares that gang activity is capable of destroying lives and communities and should be deterred using all lawful means. The Council furthermore finds that initiation activities for gangs cause multiple harms. Such activities often cause the aspiring gang members to commit disruptive and potentially dangerous acts in the community. Additionally, when community members believe such activities are imminent, witness initiation activities, or experience random acts of disruption and violence through such activities, a sense of fear and foreboding permeates the community.

A recent federal study found that gang activity is prevalent in large urban centers and the Council finds that New York City, where gang activity is an on-going problem, is no exception. In recent years gang initiation has resulted in physical injury to innocent bystanders, the disruption of local businesses, and the spread of fear throughout local communities. The Council finds that the person being initiated is as culpable in these activities as the person leading the initiation. For all of these reasons, it is the finding and intent of the Council that such activity must be deterred in New York City by ensuring that such conduct be punishable as an A misdemeanor and that such penalty apply to all parties to unlawful initiation activity.

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[Consolidated provisions are not included in this Appendix A]

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§ 3. This local law shall take effect 90 days after its enactment into law.

L.L. 2010/005

Enactment date: 3/18/2010

Preconsidered Int. No. 77

By Council Members Gennaro, Garodnick, Chin, Fidler, Gentile, James, Lander, Lappin, Mark-Viverito, Reyna, Sanders Jr., White, Williams, Halloran, Koo and Vann

A Local Law to amend the New York city charter and the administrative code of the city of New York, in relation to streamlining approvals for environmentally beneficial technologies, design and construction techniques, materials and products.

Be it enacted by the Council as follows:

Section 1. Legislative findings and intent. The Council finds that new technologies, materials and products that address environmental concerns are rapidly being developed, and many building owners and developers are eager to implement them. However, there are often no rules governing the use of new "green" technologies, design and construction techniques, materials and products. There are also interagency regulatory issues, which can effectively prohibit or delay projects that utilize new technologies. Many innovative green building projects have difficulty obtaining permits because the technologies introduce interdisciplinary issues that are hard to regulate by separate agencies. Nonetheless, the City benefits from the experimental efforts of early adopters and should facilitate their work.

The Council further finds that coordinating activities among city agencies may expedite the adoption of sustainable building practices and technologies materials and products providing the range of environmental, sustainability and health benefits associated with green building.

Therefore, the Council finds that it is in the best interests of the City to consolidate the activities of key agencies within a single interagency task force to be headed by the Director of the Mayor's Office of Long-Term Planning and Sustainability and to create within the Department of Buildings an Innovation Review Board to review new green technologies, design and construction techniques, materials and products and advise the Commissioner of Buildings under what conditions and for what purposes they may be safely employed in New York City.

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[Consolidated provisions are not included in this Appendix A]

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§ 4. This local law shall take effect one hundred twenty days after enactment, provided, however, that the commissioner of buildings and the director of the mayor's office of long-term planning and sustainability shall take such measures as are necessary for its implementation, including the promulgation of rules, prior to such effective date.

L.L. 2010/006

Enactment date: 4/14/2010

Int. No. 3-A

By Council Members Dromm, Cabrera, Arroyo, Jackson, Barron, Brewer, Dickens, Eugene, Ferreras, Fidler, Foster, Gonzalez, James, Koppell, Koslowitz, Lander, Lappin, Mark-Viverito, Mealy, Palma, Seabrook, Vann, Williams, Nelson, Rodriguez, Van Bramer, Sanders Jr., Chin, Mendez and White

A Local Law to amend the administrative code of the city of New York, in relation to requiring the Administration for Children's Services to review strategies and create a plan of action to protect children who qualify for Special Immigrant Juvenile Status.

Be it enacted by the Council as follows:

Section 1. Legislative findings and intent. Special Immigrant Juvenile Status (SIJS) is available for undocumented children involved in the child welfare system. SIJS is a statutory provision included in the Federal Immigration Act of 1990, which, if applied for in a timely manner, enables certain undocumented young people to become permanent residents and to obtain green cards. SIJS presents the opportunity for immigrant children to live in the United States and take advantage of the various opportunities available to lawful United States residents. Based on information provided to the Council by the Administration for Children's Services (ACS) as well as immigration and child welfare advocates, ACS could improve its procedures for serving the population of undocumented immigrant children that are under its care.

The Council finds that it is necessary for ACS to ensure that immigration relief is a factor in permanency planning for non-citizen youth. The Council further finds that, although ACS has made great strides to address the immigration needs of children in its care, there is a need for additional information, knowledge, resources, technical assistance and support to be provided to contract service providers in the area of immigration benefits for their clients. The Council finds that the creation of a new plan within ACS is necessary in order to create an accurate and efficient identification and tracking system in order to coordinate immigration services so that ACS can meet its obligation to protect immigrant children in the child welfare system. This will help ensure that all SIJS-eligible children have the opportunities that they deserve.

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[Consolidated provisions are not included in this Appendix A]

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§ 3. This local law shall take effect 90 days after its enactment into law and will sunset in 2015.

L.L. 2010/011

Enactment date: 4/27/2010

Int. No. 128

By Council Members Recchia and Comrie (by request of the Mayor)

A Local Law in relation to 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 eleven.

Be it enacted by the Council as follows:

Section 1. During the calendar year 2010 and in relation to the 2011 fiscal year:

   1.   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 6, 2010.

   2.   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 14, 2010.

   3.   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, 2010.

   4.   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 10, 2010.

   5.   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 18, 2010 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.

   6.   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 18, 2010 pursuant to subdivisions a and b of such section, the unutilized portion of all prior capital appropriations shall be deemed reappropriated.

   7.   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 18, 2010.

   8.   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, 2010.

   9.   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 18, 2010, 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.

   10.   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 18, 2010, 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. 2010/022

Enactment date: 6/1/2010

Int. No. 226-A

By Council Members Palma, Arroyo, Chin, Ferreras, Koppell, Mendez, Van Bramer and Jackson

A Local Law to amend the administrative code of the city of New York, in relation to the definitions of terms that relate to the provision of information on child care services and to reporting on child care programs and to repeal certain provisions of the administrative code in relation thereto.

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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§ 4. This local law shall take effect ninety days after its enactment into law, provided that section 17-1307 of the administrative code of the city of New York, as added by section three of this local law, shall expire and be deemed repealed four years after it shall have become a law.

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.