L.L. 2009/045

Enactment date: 7/17/2009

Int. No. 1022

By Council Members Oddo, Fidler, James, Mitchell, Sears, Ignizio, Garodnick, Gentile, Jackson, Katz, Liu, Vallone Jr., Weprin, White Jr. and Ulrich

A Local Law to provide for the establishment of a panel on regulatory review.

Be it enacted by the Council as follows:

Section 1. Establishment and Composition of a Panel on Regulatory Review. There shall be a temporary panel on regulatory review ("the Panel"). The Panel shall be comprised of the Director of the Mayor's Office of Operations; the Director of the Mayor's Office of Management and Budget; the Corporation Counsel; the Director of the Mayor's Office of Special Enforcement; the Commissioner of the Department of Consumer Affairs; the Commissioner of the Department of Small Business Services; and three Council Members designated by the Speaker of the City Council. The Mayor shall appoint one additional member to serve as chair of the panel. Each member of the Panel may designate one or more staff members to represent that member on the Panel.

§ 2. Powers and Responsibilities of the Panel.

   a.   The Panel shall study and evaluate the extent to which agency rules are currently successful in meeting regulatory objectives in a way that minimizes the costs and burdens borne by City agencies, local businesses, consumers, homeowners, and the public.

      In order to identify those agency rules that should be given primary focus, the Panel shall work with City agencies, including those agencies that impact small businesses, and receive input from them, as well as from other branches of government, from members of the public, and from private and not-for-profit entities, such as small businesses, established and emerging industries, trade associations, community organizations, labor unions, and good government groups.

   b.   The Panel shall, where appropriate, develop recommendations to enhance the efficiency and effectiveness of the City's regulatory system, including those to amend or modify Chapter 45 of the City Charter, known as the City Administrative Procedure Act.

      When making such recommendations, the Panel shall consider and explore the following issues: public benefit; fiscal impact; customer service impact; and alternative legal or administrative mechanisms, such as the use of technology or more strategic inter-agency coordination.

   c.   The Panel may establish an advisory group or groups comprised of experts from within, and outside of, City government to provide appropriate subject matter guidance.

   d.   The Panel shall report its initial findings and recommendations to the Speaker of the City Council and the Mayor no later than December 31, 2009.

§ 3. Agency Assistance and Cooperation with the Panel. All City agencies shall designate a liaison to work with the Panel and provide it with appropriate information and other assistance, as may be requested, in a timely manner.

§ 4. This local law shall take effect immediately.

L.L. 2009/046

Enactment date: 7/17/2009

Int. No. 1033

By the Speaker (Council Member Quinn) and Council Members Arroyo, Barron, Comrie, Crowley, DeBlasio, Dickens, Gentile, Gerson, Jackson, Martinez, Mitchell, Recchia, Jr., Rivera, Sanders, Jr., Sears, Ulrich and Weprin

A Local Law in relation to the naming of 41 thoroughfares and public places, Police Officer Deon Taylor Way, Borough of The Bronx, Sgt. Kimel L. Watt Way, Borough of Brooklyn, Run D.M.C JMJ Way, Borough of Queens, Nancy Cataldi Way, Borough of Queens, Frederick T. Haller, Jr. Way, Borough of Queens, Frank J. Verderame Way, Borough of Brooklyn, Sugar Ray Robinson Way, Borough of Manhattan, James Weldon Johnson Plaza, Borough of Manhattan, Robert M. Buonvino Place, Borough of Brooklyn, Dr. Thomas Tam Way, Borough of Manhattan, Professor Juan Bosch Way, Borough of Manhattan, Mr. Joe Marotta Way, Borough of Staten Island, John A. Nappi Flag Way, Borough of Staten Island, Sgt. Kenneth C. Amatrudo Way, Borough of Staten Island, James "Skippy" Prior Way, Borough of Staten Island, Jimmy O' Hanlon Way, Borough of Staten Island, NYPD Sgt. Ned Thompson Way, Borough of Staten Island, Lisa Moudatsos Way, Borough of Staten Island, Pfc. Ronald Jones Way, Borough of Staten Island, Police Officer Gerard L. Carter Avenue, Borough of Staten Island, Monsignor John T. Servodidio Way, Borough of Staten Island, Arielle Newman Run, Borough of Staten Island, Firefighter Bobby Beddia Way, Borough of Manhattan, Robert "Mr. Lou" Williams Way, Borough of Brooklyn, Thomas L. Guess Place, Borough of The Bronx, Hector Lavoe Boulevard, Borough of The Bronx, Henry McKenzie Place, Borough of The Bronx, Donnette and Sean Sanz Place, Borough of The Bronx, Vincent Jackson Way, Borough of The Bronx, Rev. James B. Staggers Place, Borough of The Bronx, PFC Le Ron A. Wilson Way, Borough of Queens, Corporal Jonathan Rivadeneira Corner, Borough of Queens, Judge Ralph Sherman Way, Borough of Queens, Major Jeffrey Ray Calero Way, Borough of Queens, Alexander Felix Place, Borough of Manhattan and renaming six thoroughfares in the Borough of Queens, 163rd Road, 163rd Drive, 164th Avenue, 164th Road, 164th Drive, 165th Avenue and to amend the official map of the city of New York accordingly and the repeal of section 10 of local law number 25 for the year 2009, sections 36 and 38 of local law number 64 for the year 2008 and local law number 54 for the year 2008.

Be it enacted by the Council as follows:

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

 

New Name	Present Name	Limits
Police Officer Deon Taylor Way	Simpson Street	Between East 163rd Street and Westchester Avenue

 

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

 

New Name	Present Name	Limits
Sgt. Kimel L. Watt Way	Hemlock Street	Between Blake Avenue and Dumont Avenue

 

§ 3. The following intersection name, in the Borough of Queens, is hereby designated as hereafter indicated.

 

New Name	Present Name	Limits
Run D.M.C JMJ Way	None	At the intersection of 205th Street and Hollis Avenue

 

§ 4. The following intersection name, in the Borough of Queens, is hereby designated as hereafter indicated.

 

New Name	Present Name	Limits
Nancy Cataldi Way	None	At the intersection of 109th Street and 86th Avenue

 

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

 

New Name	Present Name	Limits
Frederick T. Haller, Jr. Way	Union Turnpike	Between Woodhaven Boulevard and Myrtle Avenue

 

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

 

New Name	Present Name	Limits
Frank J. Verderame Way	Second Place	Between Court Street and Smith Street

 

§ 7. The following intersection name, in the Borough of Manhattan, is hereby designated as hereafter indicated.

 

New Name	Present Name	Limits
Sugar Ray Robinson Way	None	At the intersection of 124th Street and Lenox Avenue

 

§ 8. The following intersection name, in the Borough of Manhattan, is hereby designated as hereafter indicated.

 

New Name	Present Name	Limits
James Weldon Johnson Plaza	None	At the intersection of 135th Street and Adam Clayton Powell Jr. Boulevard

 

§ 9. The following intersection name, in the Borough of Brooklyn, is hereby designated as hereafter indicated.

 

New Name	Present Name	Limits
Robert M. Buonvino Place	None	At the intersection of 83rd Street and 18th Avenue

 

§ 10. The following intersection name, in the Borough of Manhattan, is hereby designated as hereafter indicated.

 

New Name	Present Name	Limits
Dr. Thomas Tam Way	None	At the Southeast corner of Canal Street and Cortland Alley

 

§ 11. The following intersection name, in the Borough of Manhattan, is hereby designated as hereafter indicated.

 

New Name	Present Name	Limits
Professor Juan Bosch Way	None	At the intersection of Amsterdam Avenue and 190th Street

 

§ 12. The following intersection name, in the Borough of Staten Island, is hereby designated as hereafter indicated.

 

New Name	Present Name	Limits
Mr. Joe Marotta Way	None	At the intersection of Victory Boulevard and St. Marks

 

§ 13. The following street name, in the Borough of Staten Island, is hereby designated as hereafter indicated.

 

New Name	Present Name	Limits
John A. Nappi Flag Way	None	At the northeast corner of Forest Avenue and Burnside Avenue

 

§ 14. The following intersection name, in the Borough of Staten Island, is hereby designated as hereafter indicated.

 

New Name	Present Name	Limits
Sgt. Kenneth C. Amatrudo Way	None	At the intersection of Josephine Street and Manor Road

 

§ 15. The following intersection name, in the Borough of Staten Island, is hereby designated as hereafter indicated.

 

New Name	Present Name	Limits
James "Skippy" Pryor Way	None	At the intersection of Whitewood Avenue and Hart Avenue

 

§ 16. The following intersection name, in the Borough of Staten Island, is hereby designated as hereafter indicated.

 

New Name	Present Name	Limits
Jimmy O' Hanlon Way	None	At the intersection of Harvest Avenue and North Burgher Avenue

 

§ 17. The following intersection name, in the Borough of Staten Island, is hereby designated as hereafter indicated.

 

New Name	Present Name	Limits
NYPD Sgt. Ned Thompson Way	St. Austins Place	Between Bard Avenue and Davis Avenue

 

§ 18. The following intersection name, in the Borough of Staten Island, is hereby designated as hereafter indicated.

 

New Name	Present Name	Limits
Lisa Moudatsos Way	None	At the intersection of St. Peter's Place and Richmond Terrace

 

§ 19. The following intersection name, in the Borough of Staten Island, is hereby designated as hereafter indicated.

 

New Name	Present Name	Limits
Pfc. Ronald Jones Way	None	At the intersection of Grandview Avenue and Richmond Terrace

 

§ 20. The following intersection name, in the Borough of Staten Island, is hereby designated as hereafter indicated.

 

New Name	Present Name	Limits
Police Officer Gerard L. Carter Avenue	None	At the intersection of Pelton Avenue and Henderson Avenue

 

§ 21. The following intersection name, in the Borough of Staten Island, is hereby designated as hereafter indicated.

 

New Name	Present Name	Limits
Monsignor John T. Servodidio Way	None	At the intersection of Tompkins Avenue and St. Mary's Avenue

 

§ 22. The following intersection name, in the Borough of Staten Island, is hereby designated as hereafter indicated.

 

New Name	Present Name	Limits
Arielle Newman Run	None	At the intersection of Royal Oak Road and Rice Avenue

 

§ 23. The following intersection name, in the Borough of Manhattan, is hereby designated as hereafter indicated.

 

New Name	Present Name	Limits
Firefighter Bobby Beddia Way	None	At the intersection of Bedford Street and Barrow Street

 

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

 

New Name	Present Name	Limits
Robert "Mr. Lou" Williams Way	West 33rd Street	Between Surf Avenue and Mermaid Avenue

 

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

 

New Name	Present Name	Limits
Thomas L. Guess Place	Clinton Avenue	Between Oakland Place and East 180th Street

 

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

 

New Name	Present Name	Limits
Hector Lavoe Boulevard	East Tremont Avenue	Between Webster Avenue and Boston Road

 

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

 

New Name	Present Name	Limits
Henry McKenzie Place	Prospect Avenue	Between East 183rd Street and East 185th Street

 

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

 

New Name	Present Name	Limits
Donnette and Sean Sanz Place	None	At the intersection of East 188th Street and Webster Avenue

 

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

 

New Name	Present Name	Limits
Vincent Jackson Way	Clinton Avenue	Between East 181st Street and East 182nd Street

 

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

 

New Name	Present Name	Limits
Rev. James B. Staggers Place	East 181st Street	Between Vyse Avenue and Bryant Avenue

 

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

 

New Name	Present Name	Limits
PFC Le Ron A. Wilson Way	145th Avenue	Between Farmers Boulevard and Arthur Street

 

§ 32. The following intersection name, in the Borough of Queens, is hereby designated as hereafter indicated.

 

New Name	Present Name	Limits
Corporal Jonathan Rivadeneira Corner	None	At the northeast corner of 75th Street and 37th Avenue

 

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

 

New Name	Present Name	Limits
Judge Ralph Sherman Way	77th Avenue	Between Springfield Boulevard and Cloverdale Boulevard

 

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

 

New Name	Present Name	Limits
Major Jeffrey Ray Calero Way	Hollis Court Boulevard	Between Jamaica Avenue and Hillside Avenue

 

§ 35. The following intersection name, in the Borough of Manhattan, is hereby designated as hereafter indicated.

 

New Name	Present Name	Limits
Alexander Felix Place	None	At the intersection of West 161st Street and Riverside Drive

 

§ 36. The following street name, in the Borough of Queens, is hereby renamed as hereafter indicated and the official map of the City of New York is amended accordingly.

 

New Name	Present Name	Limits
163rd Road	Burlingham Court	Between 104th and Hawtree Basin

 

§ 37. The following street name, in the Borough of Queens, is hereby renamed as hereafter indicated and the official map of the City of New York is amended accordingly.

 

New Name	Present Name	Limits
163rd Drive	James Court	Between 104th Street and Hawtree Basin

 

§ 38. The following street name, in the Borough of Queens, is hereby renamed as hereafter indicated and the official map of the City of New York is amended accordingly.

 

New Name	Present Name	Limits
164th Avenue	McKee Avenue	Between 104th Street and Hawtree Basin

 

§ 39. The following street name, in the Borough of Queens, is hereby renamed as hereafter indicated and the official map of the City of New York is amended accordingly.

 

New Name	Present Name	Limits
164th Road	Calhoun Road	Between 104th Street and Hawtree Basin

 

§ 40. The following street name, in the Borough of Queens, is hereby renamed as hereafter indicated and the official map of the City of New York is amended accordingly.

 

New Name	Present Name	Limits
164th Drive	Moncriff Drive	Between 104th Street and Hawtree Basin

 

§ 41. The following street name, in the Borough of Queens, is hereby renamed as hereafter indicated and the official map of the City of New York is amended accordingly.

 

New Name	Present Name	Limits
165th Avenue	Lockwood Court	Between 104th Street and Hawtree Basin

 

§ 42. Section 10 of local law number 25 for the year 2009 is hereby REPEALED.

§ 43. Sections 36 and 38 of local law number 64 for the year 2008 is hereby REPEALED.

§ 44. Local law number 54 for the year 2008 is hereby REPEALED.

§ 45. This local law shall take effect immediately.

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:

* * *

[Consolidated provisions are not included in this Appendix A]

* * *

§ 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:

* * *

[Consolidated provisions are not included in this Appendix A]

* * *

§ 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:

* * *

[Consolidated provisions are not included in this Appendix A]

* * *

§ 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.

* * *

[Consolidated provisions are not included in this Appendix A]

* * *

§ 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.