L.L. 2009/002

Enactment date: 1/21/2009

Preconsidered Int. No. 909

By Council Members Weprin, Jackson, Comrie, Dickens and Stewart (by request of the Mayor)

A Local Law in relation to the grace period for payment without interest of the installment of real property tax with respect to certain real property that is due and payable on January 1, 2009.

Be it enacted by the Council as follows:

Section 1. Notwithstanding any inconsistent provision of subdivision (b) of section 11-224.1 of the administrative code of the city of New York or of any other law, for real property with an assessed value of over two hundred fifty thousand dollars, if an installment of tax due and payable on January first, two thousand nine, is not paid by January sixteenth, two thousand nine, interest shall be imposed on such unpaid amounts.

§ 2. This local law shall take effect immediately and shall be retroactive to and deemed to have been in full force and effect as of January 1, 2009.

L.L. 2009/003

Enactment date: 1/21/2009

Preconsidered Int. No. 910

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

A Local Law in relation to the date of submission by the mayor of a preliminary management report and the date prior to which the council shall conduct public hearings and the date by which the council shall submit a report or reports pertaining thereto, the date of submission by the mayor of the preliminary certificate regarding debt and reserves and appropriations and expenditures for capital projects, the date of submission by the mayor of the preliminary budget, the date of publication by the director of the independent budget office of a report on revenues and expenditures, the date of submission by the community boards of statements in regard to the preliminary budget, the date of submission by the commissioner of finance of an estimate of the assessed valuation of real property and statement of real property taxes due, expected to be received, and uncollected, the date of submission by the mayor of a tax benefit report, the date of submission by the borough boards of statements on budget priorities, the date of submission by the council of estimates of the financial needs of the council, the date of submission by the borough presidents of proposed modifications of the preliminary budget, the date of publication by the director of the independent budget office of a report analyzing the preliminary budget, the date by which the council shall hold hearings and submit recommendations in regard to the preliminary budget, and the date of submission by the campaign finance board of estimates of the financial needs of the campaign finance board, 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 12 of the New York city charter, as amended by vote of the electors on November 7, 1989, the mayor shall pursuant to such section submit a preliminary management report as therein described not later than February 13, 2009, and the council shall conduct public hearings on such report prior to April 22, 2009 and submit to the mayor and make public not later than April 22, 2009, a report or reports of findings and recommendations.

   2.   Notwithstanding any inconsistent provisions of section 235 of the New York city charter, as added by vote of the electors on November 7, 1989, the mayor shall pursuant to such section submit and publish a preliminary certificate regarding debt and reserves and appropriations and expenditures for capital projects as therein described not later than January 30, 2009.

   3.   Notwithstanding any inconsistent provisions of section 236 of the New York city charter, as amended by local law number 25 for the year 1998, the mayor shall pursuant to such section submit a preliminary budget as therein described not later than January 30, 2009.

   4.   Notwithstanding any inconsistent provisions of section 237 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 publish a report on revenues and expenditures as therein described on or before February 13, 2009.

   5.   Notwithstanding any inconsistent provisions of section 238 of the New York city charter, as added by vote of the electors on November 7, 1989, each community board shall pursuant to such section submit a statement and recommendations in regard to the preliminary budget as therein described not later than February 27, 2009.

   6.   Notwithstanding any inconsistent provisions of section 239 of the New York city charter, as added by vote of the electors on November 7, 1989, the commissioner of finance shall pursuant to such section submit an estimate of the assessed valuation of real property and a certified statement of all real property taxes due as therein described not later than February 27, 2009.

   7.   Notwithstanding any inconsistent provisions of section 240 of the New York city charter, as added by vote of the electors on November 7, 1989, the mayor shall pursuant to such section submit a tax benefit report as therein described not later than February 27, 2009.

   8.   Notwithstanding any inconsistent provisions of section 241 of the New York city charter, as added by vote of the electors on November 7, 1989, each borough board shall pursuant to such section submit a statement of budget priorities as therein described not later than March 10, 2009.

   9.   Notwithstanding any inconsistent provisions of section 243 of the New York city charter, as added by vote of the electors on November 7, 1989, the council shall pursuant to such section approve and submit estimates of the financial needs of the council as therein described not later than April 2, 2009.

   10.   Notwithstanding any inconsistent provisions of section 245 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 any proposed modifications of the preliminary budget as therein described not later than March 24, 2009.

   11.   Notwithstanding any inconsistent provisions of section 246 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 preliminary budget as therein described on or before March 30, 2009.

   12.   Notwithstanding any inconsistent provisions of section 247 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 and submit recommendations as therein described not later than April 8, 2009.

   13.   Notwithstanding any inconsistent provisions of subdivision c of section 1052 of the New York city charter, as added by vote of the electors on November 3, 1998, the campaign finance board shall pursuant to such subdivision submit estimates of the financial needs of the campaign finance board as therein described not later than March 24, 2009.

§ 2. This local law shall take effect immediately, except that if it shall have become a law after January 16, 2009, it shall be retroactive to and deemed to have been in full force and effect as of January 16, 2009.

L.L. 2009/010

Enactment date: 2/11/2009

Int. No. 837

By Council Members Jackson, Martinez, Gerson, Liu, Mendez, Felder, Weprin, Gioia, Gentile, Sears, Seabrook, Vallone Jr., Yassky, Gonzalez, Avella, White Jr., Nelson, De Blasio, Recchia Jr., Barron, Vacca, Stewart, James, Palma, Rivera, Lappin, Dickens, Fidler, Mealy, Katz, Sanders Jr., Gennaro, Mark-Viverito, Eugene, Comrie, Baez, Reyna, Garodnick, Oddo, Ignizio, and the Speaker (Council Member Quinn)

A Local Law to amend the administrative code of the city of New York, in relation to the residency requirement 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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§ 3. 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.

§ 4. This local law shall take effect immediately.

L.L. 2009/014

Enactment date: 3/18/2009

Int. No. 57-A

By Council Members Brewer, the Speaker (Council Member Quinn), Foster, Gentile, Gerson, Gonzalez, James, Mark-Viverito, Martinez, Mendez, Nelson, Palma, Sanders Jr., Weprin, White Jr., Koppell, Liu, Recchia Jr., Sears, Vallone Jr., Garodnick, Jackson, Avella, Arroyo, Dickens, Mealy, Lappin, Stewart, Rivera and Gennaro

A Local Law in relation to the creation of a Bed Bug Advisory Board.

Be it enacted by the Council as follows:

Section 1. Legislative findings and declaration. Sometimes referred to as "red coats," "chinches," or "mahogany flats," bed bugs, Cimex lectularius Linnaeus, are blood-feeding parasites of humans, chickens, bats and occasionally domesticated animals. Bed bugs are wingless and spread from infested to non-infested areas through the transportation of clothing, luggage, furniture and bedding. In the early stages of infestation, bed bugs are found mainly in the tufts, seems and folds of the mattress and bed covers. However, they later spread to cracks and crevices in the bedsteads.

According to the Department of Health and Mental Hygiene ("DOHMH"), bed bugs often seek refuge in bedding during the day and feed on occupants at night. Bed bugs feed primarily on humans by piercing the skin as people sleep. Although bed bugs are not generally considered human disease carriers, they inject a fluid to assist in drawing blood, which causes a welt that becomes irritated, inflamed and uncomfortable. After feeding, bed bugs crawl back into hiding, where they may remain for 80 to 140 days before returning to feed.

Bed bug infestations diminished substantially after the development and use of modern insecticides, such as DDT. However, pest management professionals have noticed a marked increase in bed-bug related complaints since 1995. Experts believe this may be related to the increased number of people traveling and returning from abroad with these insects hiding in their suitcases and clothing.

According to the DOHMH, the use of appropriate pesticides and the thorough cleaning of all bedding with water at extremely high temperature may help reduce the chance of infestation. However, even with professional extermination, a bed bug problem may be impossible to eliminate. If even one adult female bed bug survives, the area may quickly become infested again as the adult female lays one to five eggs every day and each egg takes only 17 to 28 days to hatch.

The Council finds that the Cimex lectularius population is ubiquitous and affects the quality of life of residents throughout the City. Based on this finding, the Council determines that it is necessary to create an advisory board to study this issue further and draft concrete recommendations for the most effective methods for treating and preventing bed bug infestations in New York City.

§ 2. Bed Bug Advisory Board.

   a.   There shall be an advisory board to study health concerns associated with cimex lectularius, commonly referred to as the bed bug, and to make specific recommendations to the mayor and council for the prevention and treatment of bed bug infestations throughout the city.

   b.   Such advisory board shall consist of ten members as follows:

      i.   Three members shall be appointed by the mayor, provided that at least one such member shall be from the pest management industry and shall have experience in bed bug control and/or extermination and at least one member shall have advanced specialized training in and knowledge of entomology;

      ii.   Two members shall be appointed by the speaker of the council, provided that at least one such member shall have a background in community health;

      iii.   The commissioners of the department of health and mental hygiene, the department of consumer affairs, the department of sanitation, the department of information technology and telecommunications, and the department of housing and preservation, or the designees of such commissioners, shall serve ex officio.

      iv.   At its first meeting, the advisory board shall select a chairperson from among its members by majority vote of the advisory board.

   c.   Each member, other than members serving in an ex officio capacity, shall serve for a term of 9 months, to commence after the final member of the advisory board is appointed. Any vacancies in the membership of the advisory board shall be filled in the same manner as the original appointment. A person filling such vacancy shall serve for the unexpired portion of the term of the succeeded member.

   d.   No member of the advisory board shall be removed from office except for cause and upon notice and hearing by the appropriate appointing official.

   e.   Members of the advisory board shall serve without compensation and shall meet as necessary.

   f.   The advisory board shall issue a report to the mayor and council no later than nine months after the final member of the advisory board is appointed. Such report shall include specific recommendations on the following topics:

      i.   Prevention and treatment of bed bug infestations in private dwellings;

      ii.   Prevention and treatment of bed bug infestations in public accommodations and institutions, including, but not limited to, schools, hotels, hospitals, nursing homes, jails and residential shelters;

      iii.   Tracking and reporting of bed bug infestations;

      iv.   Disposal of bed bug infested items;

      v.   Bed bug training and/or education for urban pest management professionals;

      vi.   Bed bug training and/or education for city workers;

      vii.   The development and most effective distribution of public education and resource materials on bed bug prevention and treatment, including, but not limited to, information on the rights and responsibilities of landlords, tenants and homeowners.

   g.   The advisory board shall terminate upon the publication of the report.

§ 3. This local law shall take effect immediately.

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.