L.L. 2009/021

Enactment date: 3/18/2009

Int. No. 919-A

By Council Members Vann, Comrie, De Blasio, Fidler, Gerson, James, Koppell, Recchia Jr., Sanders Jr., White Jr., Arroyo, Garodnick, Eugene, Gennaro and Weprin.

A Local Law to amend the administrative code of the city of New York, in relation to coordination between the department of buildings and other governmental agencies when development is proposed for the city's coastal and water-sensitive inland zones.

Be it enacted by the Council as follows:

Section 1. Legislative findings and intent. The Council finds that development in the New York City coastal zone is subject to the jurisdiction of the New York State Department of Environmental Conservation (DEC) and typically requires issuance of a tidal wetlands permit and a coastal erosion hazard permit. Such development may also require the issuance of a freshwater wetlands permit if regulated freshwater wetlands are on the property or a floating objects permit, depending on development planned. DEC's Coastal Erosion Management Regulations are designed, in part, to restrict or prohibit development in natural protective feature areas so that new buildings or structures are placed a safe distance from areas of active erosion and the impacts of coastal storms. These regulations are also intended to restrict development involving public investment in services or facilities likely to encourage new permanent development in coastal erosion hazard areas. Other approvals may be required for development in the coastal zone, including approvals by the United States Army Corps of Engineers.

The Council finds, however, that applicants may not be aware of the need to coordinate with the Department of Environmental Conservation and other appropriate agencies when projects are located within the coastal or water-sensitive inland zones or that applicants for permits may deliberately fail to disclose on their permit application to the Department of Buildings that their properties are located within the such zones. Therefore the Council finds that coordination with the Department of Environmental Conservation and other agencies must be required by the Department of Buildings in any case where an application for development is located within the coastal and/or water sensitive inland zones of New York City.

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[Consolidated provisions are not included in this Appendix A]

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§ 3. This local law shall take effect on July 1, 2009 and shall apply to applications for construction document approval pending on such date, except that the commissioner of buildings shall take such measures as are necessary for its implementation prior to such date, including the promulgation of rules.

L.L. 2009/024

Enactment date: 4/20/2009

Int. No. 826-A

By the Speaker (Council Member Quinn) and Council Members Reyna, Lappin, Foster, Yassky, Seabrook, Sears, de Blasio, Arroyo, Comrie, Fidler, Garodnick, Gonzalez, Jackson, James, Koppell, Liu, Mark-Viverito, Martinez, Nelson, Palma, Sanders Jr., Stewart, Weprin, White Jr., Gerson, Mendez, Gennaro, Brewer, Rivera, Dickens and The Public Advocate (Gotbaum)

A Local Law to amend the administrative code of the city of New York, in relation to the prohibition of activities to prevent access to reproductive health care facilities.

Be it enacted by the Council as follows:

Section 1. Legislative findings and intent. The council of the city of New York finds that the right to access reproductive health services is an important personal right protected by state and federal law. Likewise, the right to peaceably protest and express one's views is protected by state and federal law. Such actions include, but are not limited to, the right to speak, march, demonstrate, picket, pray, associate with others in expressive behavior or engage in other activity protected by the First Amendment. The council is aware that there are individuals or groups of individuals who may exceed the boundaries of lawful First Amendment expression by engaging in physical activities that prevent access to reproductive health care facilities or by engaging in activities that unlawfully harass or intimidate individuals trying to access such facilities. Such activities unlawfully interfere with both the operators of reproductive health care facilities and all individuals seeking free entrance and egress from such facilities.

The council finds that current law does not adequately protect reproductive health care facilities and those who work in or seek services from such facilities. Therefore, the council finds it appropriate for the protection of the public health, safety and welfare, to enact new legislation to strengthen the prohibitions on interference with access to reproductive health care facilities and services.

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[Consolidated provisions are not included in this Appendix A]

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§ 7. This local law shall take effect ninety days after its enactment into law.

Chart 1.

 

	Federal Freedom of Access to Clinic Entrances (FACE) (42 USC § 248)	State Penal Law (NY Penal Law § 240.70)
Intent	· Requires that intent be established when proving that any of the prohibited activities occurred.	· Requires that intent be established when proving that any of the prohibited activities occurred.
Protection of Persons	· Prohibits someone from using force, the threat of force or physical obstruction in order to injure, intimidate or interfere with anyone obtaining or providing reproductive health services. · Also prohibits the attempt to do any of the above	· Prohibits someone from using force, the threat of force or physical obstruction to injure, intimidate or interfere with anyone: o obtaining or providing health care services. o in order to discourage him or her from obtaining or providing health care services. · Also prohibits the attempt to do any of the above.
Protection of Facilities	· Prohibits damaging or destroying the property of a reproductive health care facility (or attempting to do so).	· Prohibits damaging the property of a reproductive health care facility (or attempting to do so).
Remedies & Penalties	· Any person can bring civil action to enforce. o But, a violation of the prohibitions related to persons can only be brought by someone obtaining, trying to obtain, providing or trying to provide services in a reproductive health care facility. · U.S. Attorney General and state attorney generals may seek civil remedies injunctive relief and compensatory damages.	· Second degree is class A misdemeanor. · First degree is a class E felony.

 

Chart 2.

Current Law	What will change?
Intent to prevent another from obtaining or rendering, or assisting in obtaining or rendering any reproductive health care services or counseling must be proven in all cases, including prosecutions for: Physically obstructing or blocking another person from (a) accessing an entryway or exit of a clinic, or (b) the premises in which a clinic is located. Following and harassing another in or about a public place placing another in reasonable fear of physical harm.	Current law is difficult to enforce because of its intent requirement. Under the new legislation, all the same activities (plus new ones) are illegal, police would not need to "see" intent to make an arrest, and proof of such intent would no longer be required for any prosecution under the law.
As long as the above elements, including intent, are met, the police can make an arrest under this statute anywhere around a clinic	Because intent is impossible to "see," it the old law made it difficult for the police to determine whether the law was being broken so arrests rarely occurred. Under the new law, if any illegal behavior occurs within 15 feet of a clinic, it would be clear the law is being broken.
If intent can be discerned and is proven, the prohibited conduct is an A misdemeanor, if not it is likely to be a B misdemeanor or violation	If prohibited conduct occurs within 15 feet of clinic premises, it would be an A misdemeanor, if not it would likely be a B misdemeanor or violation.
All arrests AND prosecutions require a complainant who was obtaining or rendering or assisting another in obtaining or rendering reproductive health services or counseling - "merely" blocking an entrance or exit does not violate the law.	Arrests can be made based on observation alone if a protestor is knowingly obstructing or blocking the premises of a clinic - no complainant is required
Clinics and premises in which they are located are protected, but premises is not defined	Premises would be specifically defined to include both parking lots and driveways, which is critically important for clinics in the outer boroughs and expands the 15 foot area.
No opportunity for a clinic to complain based on protesters' activities.	Knowingly interfering with the operation of a clinic would be a violation of the law.
Peaceful protest is not unlawful	No change.

 

L.L. 2009/025

Enactment date: 4/20/2009

Int. No. 931-A

By Council Members Arroyo, Comrie, DeBlasio, Gioia, Gonzalez, Ignizio, Jackson, Mealy, Palma, Reyna, Sanders, Jr., Vacca and Weprin

A Local Law in relation to the naming of 18 thoroughfares and public places, Firefighter Peter A. Bielfeld Way, Borough of The Bronx, Citizens of Pozzallo Way, Borough of Brooklyn, Giorgio Perlasca Way, Borough of Brooklyn, Anthony Suraci Place, Borough of Queens, Jason Ruiz Way, Borough of Brooklyn, Lt Brendan D Pearson EMS Sta 23 Way, Borough of Staten Island, Thurgood Marshall Boulevard, Borough of Manhattan, Homer Young Kennedy Way, Borough of Manhattan, Lucille Bulger Place, Borough of Manhattan, Alexander Felix Place, Borough of Manhattan, Mother Gloria A. Boyce Way, Borough of Brooklyn, Franciscan Way, Borough of The Bronx, Reverend Dr. Jerry Mosby Way, Borough of The Bronx, Jose Sucuzhañay Place, Borough of Brooklyn, Joseph Albergo Way, Borough of Queens, Michael A. Clarke Avenue, Borough of Queens, Mother Teresa Way, Borough of The Bronx, Poor Freddie's Avenue, Borough of Queens and the repeal of section 38 of local law number 28 for the year 2007 and the repeal of section 21 of local law number 64 for the year 2008.

Be it enacted by the Council as follows:

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

 

New Name	Present Name	Limits
Firefighter Peter A. Bielfeld Way	None	At the intersection of Prospect Avenue and Kelly Street

 

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

 

New Name	Present Name	Limits
Citizens of Pozzallo Way	Henry Street	Between Sackett Street and Union Street

 

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

 

New Name	Present Name	Limits
Giorgio Perlasca Way	Dahill Road	Between 41st Street and 42nd Street

 

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

 

New Name	Present Name	Limits
Anthony Suraci Place	39th Place	Between 47th Avenue and 48th Avenue

 

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

 

New Name	Present Name	Limits
Jason Ruiz Way	60th Street	Between 6th Avenue and 7th Avenue

 

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

 

New Name	Present Name	Limits
Lt Brendan D Pearson EMS Sta 23 Way	None	At the intersection of Rossville Avenue and Veterans Road East

 

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

 

New Name	Present Name	Limits
Thurgood Marshall Boulevard	Edgecombe Avenue	Between 150th Street and 155th Street

 

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

 

New Name	Present Name	Limits
Homer Young Kennedy Way	None	At the southeast corner of Indian Road at West 218th Street

 

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

 

New Name	Present Name	Limits
Lucille Bulger Place	West 159th Street	Between Broadway and Amsterdam Avenue

 

§ 10. 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 southwest corner of West 161st Street and Riverside Drive

 

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

 

New Name	Present Name	Limits
Mother Gloria A. Boyce Way	Pitkin Avenue	Between Eastern Parkway and Van Sinderen Avenue

 

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

 

New Name	Present Name	Limits
Franciscan Way	None	At the intersection of Theriot Avenue and Randall Avenue

 

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

 

New Name	Present Name	Limits
Reverend Dr. Jerry Mosby Way	None	At the intersection of Homer Avenue and Castle Hill Avenue

 

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

 

New Name	Present Name	Limits
Jose Sucuzhañay Place	None	At the intersection of Bushwick Avenue and Kossuth Place

 

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

 

New Name	Present Name	Limits
Joseph Albergo Way	None	At the intersection of Brookville Boulevard and Hook Creek Boulevard

 

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

 

New Name	Present Name	Limits
Michael A. Clarke Avenue	137th Avenue	Between 226th Street and 230th Street

 

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

 

New Name	Present Name	Limits
Mother Teresa Way	None	At the intersection of Lydig Avenue and Holland Avenue

 

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

 

New Name	Present Name	Limits
Poor Freddie's Avenue	129th Avenue	Between Merrick Boulevard and 174th Street

 

§ 19. Section 38 of local law number 28 for the year 2007 is hereby REPEALED.

§ 20. Section 21 of local law number 64 for the year 2008 is hereby REPEALED.

§ 21. This local law shall take effect immediately.

L.L. 2009/026

Enactment date: 4/20/2009

Int. No. 955-A

By Council Member Weprin (by request of the Mayor)

A Local Law in relation to the date of publication by the Mayor of the ten-year capital strategy, 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, and the date by which the Council hearings pertaining to the executive budget shall conclude, relating to the fiscal year two thousand ten

Be it enacted by the Council as follows:

Section 1. During the calendar year 2009 and in relation to the 2010 fiscal year:

   1.   Notwithstanding any inconsistent provisions of section 248 of the New York city charter, as added by vote of the electors on November 7, 1989, the mayor shall pursuant to such section issue and publish a ten-year capital strategy, prepared in accordance with the provisions of section two hundred fifteen of this charter, not later than May 1, 2009.

   2.   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 1, 2009.

   3.   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 11, 2009.

   4.   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 20, 2009.

   5.   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 2, 2009.

§ 2. This local law shall take effect immediately.

L.L. 2009/027

Enactment date: 5/11/2009

Int. No. 21-A

By Council Members Gennaro, Avella, Brewer, Fidler, Foster, Gentile, James, Liu, Mark-Viverito, Martinez, Nelson, Recchia Jr., Sanders Jr., Sears, Weprin, White Jr., Mendez, Yassky, Koppell, Vallone Jr., Lappin, Gonzalez, Eugene, Jackson, Dickens, Garodnick and Mitchell (in conjunction with the Mayor)

A Local Law to amend the New York city charter and the administrative code of New York, in relation to developing a comprehensive program for the remediation and reuse of brownfields.

Be it enacted by the Council as follows:

Section 1. This local law shall be known as the "New York city brownfield and community revitalization act".

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[Consolidated provisions are not included in this Appendix A]

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§ 5. This local law shall take effect immediately.

L.L. 2009/031

Enactment date: 5/26/2009

Int. No. 506-A

By Council Members Gennaro, Brewer, Fidler, Gentile, Gonzalez, James, Koppell, Liu, Nelson, Sanders Jr., Weprin, Gerson, White Jr., Martinez, DeBlasio, Vann, Felder, Mitchell, Eugene, Recchia Jr., Vallone Jr., Crowley, Garodnick, Lappin and Katz

A Local Law to amend the administrative code of the city of New York, in relation to the creation of a comprehensive wetlands protection strategy for New York City.

Be it enacted by the Council as follows:

Section 1. Legislative findings and intent. The Council finds that wetlands serve a variety of critical functions important to the residents of New York City. These functions include filtration of pollutants, surface water storage, flood control, shoreline stabilization and prevention of erosion, stream flow maintenance including maintaining the aquatic habitat and opportunities for aesthetic appreciation of streams, groundwater recharge, sediment removal and nutrient recycling, promoting aquatic species productivity, biodiversity and provision of plant and wildlife habitat and enhancing recreational opportunities. Draining and filling wetlands impairs their functions and destroys native habitats. New York City has lost the majority of its wetlands to development, over time. The Council finds that to the maximum extent possible in consideration of competing land uses, preserving the remaining wetlands, creating new wetlands and undertaking actions designed to improve the functions of wetlands to the maximum extent possible is in the best interests of the City, and offers a way to respond to the challenges that will be presented by climate change and rising sea levels.

The Council further finds that the existing law leaves gaps in wetlands protection and that it is necessary for the City to develop and implement a comprehensive wetlands protection strategy.

The Council further finds that existing maps of wetlands in the City are outdated and incomplete. For all of these reasons, the City must take steps to conduct a preliminary satellite or aerial imagery survey that will provide an overview of the remaining wetlands in the City, and provide a basis to develop and implement a wetlands strategy that will address challenges or obstacles to wetlands protection.

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[Consolidated provisions are not included in this Appendix A]

* * *

§ 3. This local law shall take effect immediately.

L.L. 2009/037

Enactment date: 6/29/2009

Int. No. 1003-A

By Council Members Martinez, Gerson, the Speaker (Council Member Quinn), Crowley, Ulrich, White Jr, Koppell, Gennaro, Fidler, James, Liu, Nelson, Stewart, Recchia Jr., Gentile, 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 asbestos abatement and repealing article 106 of chapter 1 of title 28 of the administrative code in relation thereto.

Be it enacted by the Council as follows:

* * *

[Consolidated provisions are not included in this Appendix A]

* * *

§ 6. The rules adopted by the commissioner of environmental protection pursuant to section 24-146.3 of the administrative code, as added by section 2 of this local law, shall provide for the phased implementation of the permit requirement established by such section as hereinafter provided. The first phase shall commence on the later of the 90th day after the date of enactment of this local law or the 30th day after the effective date of such rules and shall continue for a period of 90 days thereafter. In the first phase only asbestos projects that involve the disturbance of 1,000 square or linear feet or more of asbestos containing material on a single floor shall be subject to sections 24-146.3 and article 106 of chapter 1 of title 28 of the administrative code as added by sections 2 and 4 of this local law. During the first phase asbestos projects other than those referred to above shall comply with the provisions of law and rules in effect prior to the effective date of this local law. The second phase shall commence at the conclusion of the first phase and shall include all asbestos projects.

§ 7. The commissioner of environmental protection shall have responsibility for the enforcement and administration of section 24-146.3 of the administrative code, as added by section 2 of this local, law and shall meet with affected industries not less than four times a year to review the implementation of this local law.

§ 8. This local law shall take effect 60 days after it shall have been enacted into law, except that prior to such date the fire commissioner, the commissioner of buildings and the commissioner of environmental protection may take any administrative action, including the promulgation of rules, that may be necessary for the timely implementation of this local law.