L.L. 2009/047

Enactment date: 7/17/2009

Int. No. 1041

By Council Members Sears, the Speaker (Council Member Quinn), Weprin, Felder, Fidler, James, Liu, Mealy, Mitchell, Reyna, Dickens and Gonzalez

A Local Law in relation to authorizing the commissioner of finance to establish a temporary program for the resolution of outstanding default judgments issued by the environmental control board.

Be it enacted by the Council as follows:

Section 1. Declaration of findings and legislative intent. The Council finds that too often notices of violation returnable to the environmental control board result in default judgments, payments for which remain uncollected; that the additional penalties for defaults create a special deterrence to payment in the present economic climate; that the city would benefit from the prompt and efficient resolution of such outstanding default judgments; that the environmental control board and the department of finance have embarked on a pilot program to permit respondents who are the subject of default judgments to resolve those judgments by admitting liability and paying the penalty associated with the underlying violation without paying an additional default penalty; that the results of that program show an expanded temporary default suspension program could enable respondents and the city to resolve many default judgments that would otherwise remain outstanding; that a temporary default resolution program is warranted for a period of ninety days; and that the city is now engaged in a comprehensive study that will, within the coming year, lead to a new approach to address permanently how to minimize the number of default judgments issued by the environmental control board and how best to collect and record debt created by the board's judgments.

§ 2. Temporary default resolution program.

   a.   For purposes of this section, the following definitions apply:

      1.   "Base penalty" means, with respect to any notice of violation returnable to the environmental control board, the penalty that would be imposed upon a timely admission by the respondent or finding of liability after a hearing, pursuant to the environmental control board penalty schedule, without regard to reductions of penalty in cases of mitigation or involving stipulations.

      2.   "Default judgment" means a judgment of the environmental control board, pursuant to subparagraph (d) of paragraph (1) of subdivision d of section 1049-a of the charter of the city of New York, determining a respondent's liability based upon that respondent's failure to plead within the time allowed by the rules of the environmental control board or failure to appear before the environmental control board on a designated hearing date or on a subsequent date following an adjournment.

      3.   "Default penalty" means a penalty imposed by the environmental control board, pursuant to section 1049-a of the charter of the city of New York, in the maximum amount prescribed by law for the violation charged.

      4.   "Environmental control board" means the environmental control board of the city of New York and its tribunal, as described in section 1049-a of the charter of the city of New York.

      5.   "Environmental control board penalty schedule" means the schedule of penalties adopted as a rule by the environmental control board or such predecessor schedule as may have applied on the date of the violation.

      6.   "Resolve" means, with respect to an outstanding judgment of the environmental control board, to conclude all legal proceedings in connection with a notice of violation.

      7.   "Respondent" means a person or entity named as the subject of a notice of violation returnable to, or a judgment issued by, the environmental control board, or such other person or entity who asserts legal responsibility for the liability of the person or entity named in the notice or the judgment.

      8.   "Temporary default resolution program" means the program authorized by this section.

   b.   Subject to an appropriate authorizing resolution of the environmental control board, and notwithstanding any other provision of law to the contrary, the commissioner of finance shall establish a temporary default resolution program for a ninety-day period, to be effective during the fiscal year of the city beginning July first, two thousand nine, to permit respondents who are subject to default judgments of the environmental control board to resolve such judgments by payment of base penalties without payment of default penalties and associated interest.

   c.   Eligibility to participate in the temporary default resolution program shall be restricted to respondents who are subject to default judgments of the environmental control board, and the program shall apply only to default judgments.

   d.   A respondent seeking to participate in the temporary default resolution program to resolve a default judgment arising out of a notice of violation that includes an order requiring the correction of a violation shall demonstrate to the satisfaction of the city agency issuing the notice of violation that the condition cited in the notice of violation has been corrected. A default judgment may not be resolved under the temporary default resolution program if the respondent seeking the resolution cannot demonstrate that any correction required by an order has been made. Nothing contained herein shall require a city agency to issue or approve certificates of correction or the equivalent if such city agency does not have a program to do so as of the effective date of this local law.

   e.   A respondent seeking resolution of a default judgment under the temporary default resolution program shall admit liability for the violation. A default judgment may not be resolved under the temporary default resolution program if the respondent seeking resolution of the judgment fails or refuses to admit liability.

   f.   A respondent seeking resolution of a default judgment under the temporary default resolution program shall pay the base penalty for the violation that is the subject of the default judgment to be resolved. The base penalty amount shall be determined by referring to the environmental control board penalty schedule. A default judgment may not be resolved under the program unless the base penalty amount of the violation that is the subject of the default judgment can be determined from the notice of violation, default judgment and environmental control board penalty schedule alone.

   g.   A respondent's resolution of a default judgment under the temporary default resolution program shall constitute a waiver of all legal and factual defenses to liability for the judgment at issue. A judgment resolved under the temporary default resolution program shall have the same legal force and effect as any other judgment issued by the environmental control board.

   h.   A judgment of the environmental control board may not be resolved under the temporary default resolution program if the judgment was issued on or after May first, two thousand nine.

   i.   The duration of the program shall be ninety days, provided that the program shall be extended for a reasonable period to the extent necessary to permit participation by any respondent who made application for approval of a certificate of correction, or the equivalent, for a violation that is the subject of a default judgment to be resolved by this program from any city agency within ninety days of the commencement of the program, but whose application was approved after such ninety-day period. After the program has concluded, any default judgment that remains outstanding and has not been resolved by this program shall continue to have full legal effectiveness and enforceability regardless of whether it could have been resolved under this program.

   j.   The commissioner of finance shall publicize the temporary default resolution program provided in this section so as to maximize public awareness of and participation in such program.

§ 3. This local law shall take effect immediately.

L.L. 2009/048

Enactment date: 7/29/2009

Int. No. 992-A

By Council Members de Blasio, Sears, Vallone, Jr., Jackson, Avella, Yassky, Fidler, Gonzalez, James, Koppell, Liu, Mealy, Nelson, Recchia, Jr., Reyna, Seabrook, Stewart, Weprin, Katz, Sanders Jr., Gerson, Vacca, Gennaro and Mitchell

A Local Law to amend the administrative code of the city of New York in relation to residency requirements for city employees

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. The amendments to the administrative code enacted by this local law shall not be construed to affect administrative or judicial actions taken to enforce the residency requirements in effect prior to the effective date of this local law, or to supersede, alter or affect any provision of the public officers law requiring that a person appointed to a position in city service be a resident. In addition, such amendments shall not be construed to require the termination of any certification issued by the commissioner of citywide administrative services pursuant to subdivision a of section 12-121 of such code, as such subdivision was in effect prior to the effective date of this local law, or to require the recertification of any positions so certified prior to such effective date.

§ 3. This local law shall take effect immediately.

L.L. 2009/052

Enactment date: 8/13/2009

Int. No. 871-A

By Council Members Yassky, Brewer, Comrie, Gonzalez, James, Koppell, Palma, Mendez, Gerson, Felder, White Jr., Vallone Jr., Foster, Mark-Viverito, Garodnick, Weprin, Seabrook, Gennaro, Nelson, Fidler, Gioia, DeBlasio, Reyna, Gentile, Jackson, Barron, Crowley, Sanders Jr., Sears, Mitchell, Vacca, Arroyo, Ferreras, Ulrich, Liu and the Public Advocate (Ms. Gotbaum)

A Local Law to amend the administrative code of the city of New York, in relation to bicycle access to office buildings.

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.   a.   There shall be a temporary bicycle commuting task force to examine establishing partnerships with private entities to develop sheltered bicycle parking in public and/or private spaces. The task force shall be comprised of the commissioner of transportation or his or her designee, the commissioner of buildings or his or her designee, the commissioner of parks and recreation or his or her designee, the director of city planning or his or her designee and three representatives to be appointed by the speaker of the council. Upon the appointment of all of its members, the task force shall elect a chair from its membership at the first meeting of such task force. Members of the task force shall serve without compensation and shall meet when deemed necessary by the chair or upon the request of three members of the task force. The task force shall issue a report to the mayor and speaker by December 31, 2010. Such report shall include, but not be limited to, recommendations on establishing partnerships with private entities to develop sheltered bicycle storage in public and/or private spaces. Such report shall be posted on the city's website within seven days from its submission to the speaker and mayor. The task force shall cease to exist three months after the issuance of its report.

   b.   At any time after the publication of the report required by subdivision a of this section, any group of geographically-related buildings that are subject to the provisions of section one of this local law may submit to the department of transportation a pilot project plan for a public/private partnership to provide sheltered bicycle storage in the vicinity of such buildings, which parking would be located within three blocks or seven hundred fifty feet, whichever is less, from each building in the group. Such plan shall be consistent with the goals and recommendations of the bicycle commuting task force. If the commissioner of transportation, in consultation with other relevant city agencies, determines that such pilot project plan is in the best interest of the city and the community and that the proposed sheltered bicycle storage can accommodate the bicycles of riders seeking access to such buildings, such commissioner may authorize the implementation of such pilot project. Upon such authorization, the commissioner of transportation shall recommend to the commissioner of buildings to suspend the applicability of section one of this local law to such buildings during the time that such pilot project is operational. If at any time during the operation of such pilot project the commissioner of transportation determines that such project no longer furthers the objectives of this local law, such commissioner may terminate such project, upon sixty days' notice to the buildings which are participating in such project, and the provisions of section one of this local law on bicycle access shall thereafter apply. Determinations made by the commissioner of transportation pursuant to this subdivision shall be final.

§ 3. This local law shall take effect one hundred twenty days after its enactment, except that the commissioner of buildings and/or the commissioner of transportation shall take all actions necessary, including the promulgation of rules, to implement this local law on or before the date upon which it shall take effect.

L.L. 2009/053

Enactment date: 8/13/2009

Int. No. 1031-A

By the Speaker (Council Member Quinn) and Council Members Garodnick, Jackson, Gennaro, Koppell, Lappin, Recchia Jr., Stewart, Vallone Jr., White Jr., Gerson, Nelson and Mitchell

A Local Law to amend the administrative code of the city of New York, in relation to licensing of pedicabs.

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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§ 15. The Commissioner shall have the authority to promulgate any rules necessary for the implementation of this local law.

§ 16. This local law shall take effect immediately, except that section five of this local law shall take effect one hundred days after it shall have become a law, and provided that pedicab businesses may continue to operate without a pedicab business license, and pedicab drivers may continue to operate pedicabs without a registration plate and without a pedicab driver's license, until the expiration of one hundred days of the effective date of this local law, and provided that subdivisions a, b, and d of section 20-251 of the administrative code of the city of New York, as added by section four of this local law, shall be deemed repealed eighteen months after the sixtieth day of the application period for registration plates.

L.L. 2009/055

Enactment date: 9/3/2009

Int. No. 859-A

By The Public Advocate (Ms. Gotbaum) and Council Members Brewer, James, Liu, Palma, Sanders Jr., Gerson, White Jr., Gioia, Arroyo, Mendez, Gonzalez, Eugene, Rivera, Ferreras, Jackson, Baez, Mark-Viverito, Weprin, Reyna, Sears, Barron, Koppell, de Blasio, Dickens, Stewart, Vann and Nelson

A Local Law to amend the administrative code of the city of New York, in relation to the provision of language assistance services in pharmacies.

Be it enacted by the Council as follows:

Section 1. New York is a multilingual city where more than 150 languages are spoken, almost half of the residents speak a language other than English at home and nearly a quarter do not speak English very well. Prescription medications typically include technical instructions, restrictions and warnings that are critical for the consumer to understand in order to use the product safely. A customer's inability to understand medication labels and instructions easily can cause errors in usage and thereby significantly endanger the health of limited English proficient residents. The difficulties limited English proficient New Yorkers may experience in communicating with their pharmacists could be greatly alleviated by the provision of interpretation services and translated medication labels.

New Yorkers who have limited English proficiency are not receiving the interpretations and translations they need. A 2007 study of pharmacies in New York City by the New York Academy of Medicine found that, although 88 percent of surveyed New York City pharmacists reported serving customers with limited English proficiency daily and 80 percent had the ability to translate medication labels, only 34 percent reported actually translating such labels daily. More than a quarter of the surveyed pharmacists never translate labels.

Thus, the Council finds that the lack of interpretation and translation services in pharmacies inhibits the fair and effective sale of prescription medications, posing a significant risk to the health and safety of New Yorkers and that it would be in the public interest to ensure that all residents, regardless of the language they speak, understand their medication labels and instructions.

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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 two hundred and seventy days after its enactment into law, provided that the department may promulgate any rules necessary for implementing and carrying out the provisions of this local law prior to its effective date.

L.L. 2009/056

Enactment date: 9/3/2009

Int. No. 890-A

By Council Members White Jr., Comrie, James and Palma

A Local Law to amend the administrative code of the city of New York, in relation to regionally significant projects and empire zones.

Be it enacted by the Council as follows:

Section 1. Statement of legislative findings and intent. Under Section 957(d)(i) of the General Municipal Law, certain business enterprises located outside the boundaries of an Empire Zone may still be eligible for Empire Zone benefits as a "regionally significant project" because the economic activity of such enterprise is of a nature that is encouraged by the State, and the Administrative Board of such Empire Zone authorizes the designation of such business as a regionally significant project. The New York State Department of Economic Development and the South Jamaica Empire Zone Administrative Board have determined that Flying Food Group LLC, a manufacturer and food processing and packaging company serving 85 airlines and nationally known retail food chains is projected to create more than 100 new jobs and has been provisionally approved for Empire Zones benefits as a regionally significant project under Section 957(d)(i) of the General Municipal 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 immediately.

L.L. 2009/063

Enactment date: 10/7/2009

Int. No. 986-A

By Council Member Gentile, the Speaker (Council Member Quinn), Baez, Vallone, Avella, Fidler, Gonzalez, James, Koppell, Liu, Nelson, Sanders, Weprin, Gerson, Lappin, Eugene, Gennaro, Jackson and Sears (in conjunction with the Mayor).

A Local Law to amend the administrative code of the city of New York and the New York city building code, in relation to hydrostatic pressure testing of standpipes and sprinklers.

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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§ 3. Within 120 days of enactment, the department of buildings shall promulgate rules pursuant to section 28-103.19 of the administrative code amending NPFA 14 and establishing the minimum standards for hydrostatic pressure tests of standpipe systems under sections 1704.22.1.1 and 1704.22.1.2 of this code at not less than 20.7 bar (300 psi) of pressure for one hour.

§ 4. This local law shall take effect 120 days after enactment except that the commissioner of buildings may promulgate rules or take other administrative actions for the implementation of this local law prior to such effective date.

L.L. 2009/067

Enactment date: 10/7/2009

Int. No. 1065

By Council Members Lappin, Garodnick, the Speaker (Council Member Quinn), Brewer, Comrie, Fidler, Gentile, Gerson, James, Stewart, Weprin, Nelson, Dilan, Gennaro, Jackson and Sears

A Local Law to amend the administrative code of the city of New York, in relation to providing a biotechnology credit against the general corporation tax, and the unincorporated business tax.

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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§ 3. The aggregate amount of tax credits allowed under this local law in any calendar year shall be 3 million dollars. Such aggregate amount of credits shall be allocated by the department of finance of the city of New York among eligible taxpayers on a pro rata basis. Taxpayers eligible for such pro rata allocation shall be determined by the department of finance of the city of New York no later than February twenty-eighth of the succeeding calendar year in which the credit provided in this local law is applied.

§ 4. The department of finance of the city of New York shall establish by rule by October 31, 2009 procedures for the allocation of tax credits as required by section 3 of this local law. Such rules shall include provisions describing the application process, the due dates for such applications, the standards that shall be used to evaluate the applications, the documentation that will be provided to taxpayers to substantiate the amount of tax credits allocated to such taxpayers, and such other provisions as deemed necessary and appropriate.

§ 5. This local law shall take effect immediately; provided, however, that this local law shall apply to taxable years beginning on or after January 1, 2010 and before January 1, 2013.

L.L. 2009/068

Enactment date: 10/28/2009

Int. No. 396-A

By Council Members Gentile, Jackson, de Blasio, The Public Advocate (Ms. Gotbaum), Koppell, Recchia Jr., Weprin, Gonzalez, Gennaro, Dickens, Fidler, Lappin, Palma, Vacca, Foster, Sears, Mark-Viverito, Gerson, Brewer, Reyna, Garodnick, Comrie, James, Mendez, Nelson, Seabrook, Vann, White Jr., Avella, Barron, Liu, Katz and Mitchell

A Local Law to amend the New York city charter in relation to requiring the New York city Department of Education to report on the implementation of Billy's Law.

Be it enacted by the Council as follows:

Section 1. Legislative findings and intent. In August of 2005, the New York State Legislature passed "Billy's Law" (§ 483-d of the New York State social services law) to improve State and local monitoring of out-of-state residential facilities that house New York State children who are placed in such facilities for specialized services, including specialized educational services. One such facility was the subject of an investigation by the New York State Department of Education. The investigators' report concluded, among other things, that the facility's use of certain therapies raised health and safety concerns, and that students in the facility did not receive adequate academic and special education instruction. Such findings reinforce the need to monitor allegations of abuse or neglect arising from an out-of-state residential facility placement. It is therefore the Council's intention to improve such monitoring in accord with the goals of Billy's law by requiring biannual reports to the Council on the Department's monitoring of such facilities.

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[Consolidated provisions are not included in this Appendix A]

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§ 3. This local law shall take effect immediately.

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.