L.L. 2009/070

Enactment date: 10/28/2009

Int. No. 1015-A

By Council Members Garodnick, Brewer, Lappin, Gentile, James, Mealy, Nelson, Palma, Sanders Jr., Seabrook, Mark-Viverito, Fidler, White Jr., Arroyo, Jackson Comrie, Vacca, Sears and Weprin (in conjunction with the Mayor)

A Local Law to amend the administrative code of the city of New York, in relation to the safety and security of construction sites at which permitted work has been suspended.

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 be deemed to be of no further force and effect after June 30, 2013.

L.L. 2009/074

Enactment date: 11/17/2009

Int. No. 1070-A

By Council Members Sanders Jr., Comrie, Gerson, Nelson, White, Arroyo, Lappin, Jackson, Barron, Koppell, Liu, Gennaro, Mitchell and Weprin

A Local Law to amend the administrative code of the city of New York, in relation to distressed property consultants.

Be it enacted by the Council as follows:

Section 1. Legislative Findings. The country is currently in the midst of a foreclosure crisis, with thousands of homes being foreclosed upon monthly. Foreclosures in New York City increased steadily throughout 2008, with the highest rates of foreclosure in The Bronx, Queens and Staten Island. Increasing rates of foreclosures and defaults on home loans created an industry of distressed property consultants, or individuals who market themselves as uniquely able to help homeowners negotiate with their lenders. The Council finds that unfortunately, homeowners already in precarious situations find themselves in even worse positions as unscrupulous consultants take their money and do nothing on their behalf. In an effort to combat the perceived wide-spread fraud in this industry, New York State enacted a law in August 2008 that prohibited distressed property consultants from collecting any funds prior to rendering services or taking power of attorney from a homeowner and mandated the parties enter into a fully executed, written contract prior to rendering services. Additionally, consultants are required to notify potential clients that they should consider consulting an independent attorney or government-approved housing counselor prior to signing any documents pertaining to their home and must provide the homeowner with information about how to locate a government-approved housing counselor.

The Council finds that while the state law seeks to prevent fraud by unscrupulous distressed property consultants, distressed property consultants continue to solicit business in communities with high foreclosure rates throughout the City. Many local non-profits offer foreclosure prevention or loan modification services for free, but as long as for-profit distressed property consultants exist, it behooves City residents to be aware of the legal constraints placed on consultants under state law. Therefore, the Council finds it necessary to mandate disclosure requirements in advertisements placed by distressed property consultants. These disclosures will ensure New York City residents are aware of their rights when paying for distressed property consulting services.

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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; provided, however, that the commissioner of consumer affairs shall take any actions necessary prior to such effective date for the implementation of this local law including, but not limited to, the adoption of any necessary rules.

L.L. 2009/076

Enactment date: 12/7/2009

Int. No. 935-A

By Council Members Gennaro, Comrie, Fidler, James, Koppell, Nelson, Weprin, Gerson, White Jr., Jackson, Recchia Jr., Vallone Jr., Liu, Sears, Crowley and Eugene.

A Local Law to amend the administrative code of the city of New York, in relation to backflow prevention device reporting and certification.

Be it enacted by the Council as follows:

Section 1. Legislative findings and intent. The Council finds that plumbing cross-connections, points in the plumbing system where it is possible for wastewater, industrial fluids, gas or substances other than the intended potable water, to come into contact with the potable drinking water supply, are a significant public health risk. Backflow of non-potable water or other substances from cross connections may take place when water flows in the opposite direction than that intended because a potable system is connected to a nonpotable supply under higher pressure than the distribution system as a result of a pump, boiler or elevation difference. Backsiphonage of nonpotable water from cross connections may take place when negative pressure in a portion of the distribution system is below ambient pressure in the distribution system as a result of water main breaks, firefighting efforts or any high demand situation.

According to the United States Environmental Protection Agency (EPA), plumbing is often installed by persons who are "unaware of the inherent dangers of cross connections". Backflow and backsiphonage into the public water distribution system can be prevented by not creating cross-connections, by eliminating existing cross connections, and by educating the public to prevent cross-connections. However, because new cross-connections are routinely created, it is also useful to create impediments to backflow or backsiphonage by installation of backflow prevention devices and assemblies. The Council further finds that an annual filing of proof that an approved backflow prevention device was installed by any owner or operator of a facility that uses hazardous materials or that is legally required to install such a device would help to reduce the potential adverse impacts from cross-connections.

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[Consolidated provisions are not included in this Appendix A]

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§ 3. This local law shall take effect ninety days after enactment.

L.L. 2009/083

Enactment date: 12/28/2009

Int. No. 240-A

By Council Members Vann, Weprin, Arroyo, Brewer, Comrie, Foster, Gennaro, James, Koppell, Mark-Viverito, Nelson, Stewart, Liu, Vallone, Jr., Rivera, Jackson, White, Jr., Recchia, Garodnick, Mealy, Rodriguez and Lappin

A Local Law to amend the administrative code of the city of New York, in relation to the penalties associated with the sale of toy guns.

Be it enacted by the Council as follows:

Section 1. Findings and Intent. Toy manufacturers and retailers in New York City and around the nation produce and sell imitation firearms bearing a striking resemblance to real weapons, whether in size, shape, or overall appearance. Therefore, New York City presently prohibits the sale of toy firearms unless the physical appearance of the toy gun conforms with the requirements set out in subdivision g of section 10-131 of the administrative code. New York State's highest court has held that that this provision is not preempted by federal law, which requires only minimal markings on toy guns, such as an orange blaze around the barrel. Although the federal statute preempts local laws that require "inconsistent" markings, it allows cities to require clearer markings in addition to the federal ones.

Since this local legislation was enacted, the City's Department of Consumer Affairs (DCA) has uncovered numerous violations. DCA has removed more than 7,000 toy guns from the shelves of over 220 stores and levied $3.3 million in fines. However, the current penalty scheme insufficiently deters the sale of toy guns by City businesses. Indeed, some stores are repeat offenders, selling fake guns even after having paid penalties for previous violations. By increasing the base penalty for first violations and by imposing greater penalties for repeat offenses, the revised code provision would more forcefully deter businesses from stocking toy guns and would also target businesses that continue to flout the law even after paying penalties for previous violations. If a business commits three or more violations in a two-year period, then the revised code provision would allow it to be closed briefly to allow the business time to take corrective actions including, but not limited to, removing and disposing of all fake guns that do not comply with the law; reviewing inventory; reviewing shipment orders; removing promotional materials; drafting policies and procedures; and training staff to ensure that remaining fake guns comply with the law and to stop the ordering of fake guns that do not comply with the law.

Not only are realistic-looking fake guns used to commit crimes, but there have been a variety of tragic incidents involving young people carrying imitation guns who were wounded or killed by police officers who mistook toy weapons for real ones. In 2006, for example, police killed a 15-year-old at a middle school in Longwood, Florida after he brandished a look-alike gun whose safety markings had been painted black. On February 24, 2007, a 27-year-old man pointed a fake AK-47 assault rifle at New York City police officers, leading them to fire back but not to injure him.

Accordingly, the Council finds that legislation increasing penalties for stores that fail to abide by the terms of subdivision g of section 10-131 of the administrative code is warranted.

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[Consolidated provisions are not included in this Appendix A]

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§ 3. This local law shall take effect 30 days after it shall have become a law, provided that, prior to such effective date, the commissioner of consumer affairs and the head of any other agency designated by the mayor in accordance with paragraph 3 of subdivision g of section 10-131 of the New York City administrative code may promulgate such rules and take such other actions as are necessary to its timely implementation.

L.L. 2009/085

Enactment date: 12/28/2009

Int. No. 564-A
 
By Council Members Garodnick, the Speaker (Council Member Quinn), Brewer, Fidler, Gonzalez, James, Koppell, Sanders Jr., Seabrook, Weprin, White Jr., Gerson, Lappin, Yassky, Recchia Jr., Sears, Liu, Mendez, de Blasio, Mitchell, Mark-Viverito, Katz, Vallone Jr., Nelson, Vann, Avella, Gioia, Vacca, Jackson, Ferreras, Comrie, Barron, Arroyo, Crowley, Gennaro, Mealy and Reyna

A Local Law to amend the administrative code of the city of New York, in relation to establishing a New York city energy code.

Be it enacted by the Council as follows:

Section 1. Statement of findings and purpose. The Energy Conservation Construction Code of New York State (State Energy Code), authorized by article eleven of the State Energy Law, sets standards for the energy performance of buildings throughout New York. For existing buildings, the State Energy Code only applies when an alteration leads to the replacement of at least fifty percent of a building's system or subsystem, meaning there are no energy efficiency requirements for many renovation projects of a lesser magnitude or lower threshold. As a result of this loophole, New York City is failing to reap the benefits of energy improvements as the building fabric is updated in those situations. The State Energy Law expressly permits a municipality to promulgate a local energy conservation construction code that is more stringent than the State Energy Code. Accordingly, the Council finds that it is reasonable and necessary to promulgate a New York City Energy Code in order to ensure the enforcement of the State Energy Code within New York City and to impose energy standards for renovation projects at a lower threshold than that mandated by the State Energy Code. If following the promulgation of the New York City Energy Code the State revises the State Energy Code, the more stringent provisions of the two codes shall apply until the New York City Energy Code is amended and made more stringent.

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[Consolidated provisions are not included in this Appendix A]

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§ 30. If any section, subdivision, paragraph, item, 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.

§ 31. This local law shall take effect on July 1, 2010 and shall apply to work for which applications for construction document approval are submitted to the department of buildings on and after such date; provided, that the commissioner of buildings shall take all actions necessary to implement this local law, including the promulgation of rules, on or before such effective date.

L.L. 2009/087

Enactment date: 12/28/2009

Int. No. 967-A

By Council Member Gennaro, the Speaker (Council Member Quinn), Brewer, Comrie, Dickens, Garodnick, Gioia, James, Koppell, Lappin, Mitchell, Palma, Recchia Jr., Reyna, Rivera, Stewart, Liu, Yassky, Sears, White Jr., Mendez, de Blasio, Mark-Viverito, Vann, Avella, Vacca, Gerson, Jackson, Gonzalez, Ferreras, Vallone Jr., Barron, Arroyo, Crowley and Mealy

A Local Law to amend the New York city charter and the administrative code of the city of New York, in relation to requiring energy audits and retro-commissioning of base building systems of certain buildings and retro-fitting of certain city-owned buildings.

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[Consolidated provisions are not included in this Appendix A]

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§ 3. Report on capital improvements of base building systems. The department of citywide administrative services shall submit annual reports to the mayor and the speaker of the city council on capital improvements of base building systems completed pursuant to section 224.2 of the charter, as added by section 2 of this local law, for each city fiscal year commencing with the fiscal year beginning July 1, 2013. The first such report for the fiscal year commencing July 1, 2013 shall be submitted by December 31, 2014. Subsequent reports shall be due six months after the close of the fiscal year covered by the report. Each report shall include at a minimum:

   a.   The latest energy efficiency reports (including energy audit and retro-commissioning) submitted pursuant to article three hundred eight of chapter three of title twenty-eight of the administrative code for each building covered by the applicable report of the department of citywide administrative services.

   b.   An analysis of the most commonly recommended capital improvements of base building systems recommended in the energy audits of such buildings.

   c.   An analysis of the accuracy of such energy audits in predicting costs of the recommended capital improvements.

   d.   An analysis after one year of operation of the accuracy with which such audits predicted the actual saving achieved by the capital improvements.

   e.   Recommendations as to appropriate legislative or administrative actions or a statement as to why no legislative or administrative actions are needed.

§ 4. 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.

§ 5. This local law shall take effect immediately.