L.L. 2008/014

Enactment date: 4/1/2008

Int. No. 738

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

A Local Law in relation to 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, the date by which the Council hearings pertaining to the executive budget shall conclude, the date by which if the expense budget has not been adopted, the expense budget and tax rate adopted as modified for the current fiscal year shall be deemed to have been extended for the new fiscal year until such time as a new expense budget has been adopted, the date by which if a capital budget and a capital program have not been adopted, the unutilized portion of all prior capital appropriations shall be deemed reappropriated, the date of submission by the Mayor of an estimate of the probable amount of receipts, the date by which any person or organization may submit an official alternative estimate of revenues, the date by which if the Council has not fixed the tax rates for the ensuing fiscal year, the commissioner of finance shall be authorized to complete the assessment rolls using estimated rates, and related matters, relating to the fiscal year two thousand nine.

Be it enacted by the Council as follows:

Section 1. During the calendar year 2008 and in relation to the 2009 fiscal year:

   1.   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 2, 2008.

   2.   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 12, 2008.

   3.   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, 2008.

   4.   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 May 30, 2008.

   5.   Notwithstanding any inconsistent provisions of subdivision d of section 254 of the New York city charter, as added by vote of the electors on November 7, 1989, and subdivision b of section 1516 of the New York city charter, as amended by vote of the electors on November 7, 1989, if an expense budget has not been adopted by June 10, 2008 pursuant to subdivisions a and b of section 254 of the New York city charter, the expense budget and tax rate adopted as modified for the current fiscal year shall be deemed to have been extended for the new fiscal year until such time as a new expense budget has been adopted.

   6.   Notwithstanding any inconsistent provisions of subdivision e of section 254 of the New York city charter, as added by vote of the electors on November 7, 1989, if a capital budget and a capital program have not been adopted by June 10, 2008 pursuant to subdivisions a and b of such section, the unutilized portion of all prior capital appropriations shall be deemed reappropriated.

   7.   Notwithstanding any inconsistent provisions of subdivision a of section 1515 of the New York city charter, as amended by vote of the electors on November 7, 1989, the Mayor shall pursuant to such subdivision prepare and submit to the Council an estimate of the probable amount of receipts as therein described not later than June 10, 2008.

   8.   Notwithstanding any inconsistent provisions of subdivision d of section 1515 of the New York city charter, as added by vote of the electors on November 7, 1989, any person or organization may pursuant to such subdivision submit an official alternative estimate of revenues as described therein at any time prior to May 20, 2008.

   9.   Notwithstanding any inconsistent provisions of subdivision a of section 1516-a of the New York city charter, as amended by vote of the electors on November 7, 1989, if the Council has not fixed the tax rates for the ensuing fiscal year on or before June 10, 2008, the commissioner of finance shall pursuant to such subdivision be authorized to complete the assessment rolls using estimated rates and to collect the sums therein mentioned according to law. The estimated rates shall equal the tax rates for the current fiscal year.

   10.   Notwithstanding any inconsistent provisions of subdivision b of section 1516-a of the New York city charter, as amended by vote of the electors on November 7, 1989, if, subsequent to June 10, 2008, the Council shall, pursuant to section 1516 of the New York city charter, fix the tax rates for the ensuing fiscal year at percentages differing from the estimated rates, real estate tax payments shall nevertheless be payable in accordance with subdivision a of section 1516-a of such charter at the estimated rates, where the commissioner of finance has exercised the authority granted by subdivision a of section 1516-a of such charter to complete the assessment rolls using estimated rates and to collect the sums therein mentioned according to law. However, in such event, prior to the first day of January in such fiscal year, the commissioner of finance shall cause the completed assessment rolls to be revised to reflect the tax rates fixed by the Council pursuant to section 1516 of such charter, and an amended bill for the installment or installments for such fiscal year due and payable on or after the first day of January shall be submitted to each taxpayer in which whatever adjustment may be required as a result of the estimated bill previously submitted to the taxpayer shall be reflected.

§ 2. This local law shall take effect immediately.

L.L. 2008/017

Enactment date: 5/6/2008

Int. No. 395-A

By Council Members Gennaro, Brewer, Foster, Gonzalez, James, Koppell, Mendez, Nelson, Seabrook, Weprin, Mark-Viverito, Lappin, McMahon, Liu, White Jr., Recchia Jr., Vallone Jr., Vacca, Martinez, Gioia, Garodnick, Rivera, Monserrate, Comrie, Eugene, Sears, Mealy and Ignizio.

A Local Law to amend the New York city charter and the administrative code of the city of New York, in relation to the office of operations, the office of environmental coordination and an office of long-term planning and sustainability.

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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§ 5.This local law shall take effect immediately, provided, however, that PlaNYC, issued on April 22, 2007, shall be deemed to constitute the first long-term sustainability plan as required by paragraph one of subdivision e of section 20 of the New York city charter, as added by section two of this local law.

L.L. 2008/021

Enactment date: 5/14/2008

Int. No. 729

By Council Members de Blasio, McMahon, the Speaker (Council Member Quinn) and Council Members Comrie, Dickens, Fidler, Gentile, Katz, Koppell, Recchia Jr., Sanders Jr., Gerson, Jackson, James, Stewart, Vallone Jr., Weprin, Martinez, Yassky, Liu, Nelson, Foster, Monserrate, Rivera, Garodnick, Mealy, Sears and Lappin

A Local Law to amend the administrative code of the city of New York, in relation to electronic equipment collection standards.

Be it enacted by the Council as follows:

Section 1. Declaration of legislative findings and intent. The purpose of this chapter is to require that manufacturers of covered electronic waste comply with specific electronic waste collection standards. The Council finds that the setting of performance standards is necessary to insure that electronic equipment is collected in appropriate amounts. The three-year period before penalties are imposed for failure to meet the prescribed performance standards gives the industry and the city ample time and data to evaluate, and if necessary, adjust the prescribed performance standards.

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[Consolidated provisions are not included in this Appendix A]

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§ 8. This local law shall take effect immediately.

L.L. 2008/022

Enactment date: 5/31/2008

Preconsidered Int. No. 756

By Council Members Gennaro, Avella, Brewer, Fidler, James, Koppell, Liu, Mark-Viverito, McMahon, Recchia Jr., Sanders Jr., Weprin, White Jr., Yassky, Monserrate, Nelson, Lappin, Vallone Jr., Gonzalez, Foster, Vacca, Martinez, Gioia, Garodnick, Rivera, Eugene, de Blasio, Jackson, Gentile, Katz, Mealy, Sears, Felder, Palma, Comrie and The Public Advocate (Ms. Gotbaum).

A Local Law to amend the administrative code of the city of New York, in relation to reducing greenhouse gas emissions and the repeal of local law number 55 for the year 2007.

Be it enacted by the Council as follows:

Section 1. Local law number 55 for the year 2007 is hereby REPEALED.

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[Consolidated provisions are not included in this Appendix A]

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§ 3. If any provision 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 provisions of this law, which remaining provisions shall continue in full force and effect.

§ 4. This local law shall take effect immediately and shall be deemed to have been in full force and effect as of December 5, 2007.

L.L. 2008/023

Enactment date: 6/3/2008

Int. No. 199-A

By Council Members Brewer, Comrie, Foster, James, Mark-Viverito, Palma, Recchia Jr., Sanders Jr., Seabrook, Vacca, Vann, Mendez, Gerson, Nelson, Koppell, Reyna, Lappin, Arroyo, Martinez, Gonzalez, Monserrate, Yassky, Mealy, Garodnick, Jackson, Liu, White Jr., Sears, Felder and The Public Advocate (Ms. Gotbaum)

A Local Law to amend the administrative code of the city of New York, in relation to modifying department of transportation performance measures in an effort to help reduce traffic congestion and promote high performance modes citywide.

Be it enacted by the Council as follows:

Section 1. Declaration of legislative findings and intent. The New York City Department of Transportation ("DOT") currently measures surface transportation performance through an array of output measures such as the number of traffic lights repaired and the number of potholes filled. While such indicators provide valuable information about the state of New York City's roads and other infrastructure, such indicators do not help to monitor and evaluate many of the broader transportation issues facing New York City. These issues include reducing congestion and promoting modes of surface transportation that generate less pollution and consume less street space per traveler than private automobiles. These "high performance" modes include buses, ferries, bicycling and walking.

The Council finds that requiring DOT to monitor performance indicators will help DOT to reduce automobile traffic and encourage more sustainable means of transportation vital to combating congestion, pollution and improving the City's long term economic health. Requiring DOT to report on these indicators for a major arterial roadway before and after traffic engineering initiatives have been completed will allow DOT and the public to assess the effectiveness of DOT's work.

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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, except that the reporting of information required pursuant to the provisions of paragraphs 2, 3 and 4 of subdivision b of section 19-180 within bill section two shall take effect on January 1, 2009.

L.L. 2008/026

Enactment date: 6/3/2008

Int. No. 732-A

By Council Members Martinez, Stewart, Dickens, Weprin, Sears and Mealy (by request of the Mayor)

A Local Law to amend the New York city charter and administrative code of the city of New York, in relation to enacting the New York city fire code, and repealing subdivisions (7) through (19) of section 15-232 and chapter 4 of title 27 of the administrative code, relating to the New York city fire prevention code.

Be it enacted by the Council as follows:

Section 1. Legislative findings. In April 2003, the Mayor's Advisory Commission on the Adoption of the International Building Code, established by Executive Order No. 30 of 2002, recommended the adoption of a new building code and related codes based on the model codes published by the International Code Council. A new building code and other construction codes were adopted with the enactment of local law number 33 of 2007. The fire department has undertaken a three-year process of reviewing the International Fire Code and incorporating appropriate amendments that reflect the unique character of the city and existing fire code standards and requirements.

The council finds that the enactment of this fire code will serve to promote and enhance fire safety in New York city, by adopting more modern and comprehensive fire safety regulations. In addition, in enacting this code, the city joins a growing number of states and municipalities across the country that have adopted fire codes based on the International Fire Code. The increased transparency of the city's fire safety regulations will help promote both code compliance and economic development in New York city, and participation in the model code development process sponsored by the International Code Council will facilitate the ongoing evaluation and modernization of those regulations.

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[Consolidated provisions are not included in this Appendix A]

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§ 14. All actions and proceedings, civil or criminal, commenced prior to the effective date of this local law in accordance with any provision repealed by this local law and pending immediately prior to the taking effect of such repeal may be prosecuted and defended to final effect in the same manner as they might if those provisions had not been repealed.

§ 15. Rules promulgated by the fire commissioner in accordance with the law in effect prior to the effective date of this local law shall remain in effect for the matters covered to the extent that such rules are not inconsistent with the New York city fire code, as added by this local law, unless and until such rules are amended or repealed by the fire commissioner.

§ 16. Notwithstanding any other law or rule, new tables, figures or equations in graphic or PDF format to be added to the New York City Fire Code pursuant to this local law need not be underlined to denote new matter being added. The absence of underlining to denote new matter being added shall not affect the validity of new tables, figures or equations in graphic or PDF format to be added to the New York City Fire Code pursuant to this local law.

§ 17. This local law shall take effect on July 1, 2008, except that the fire commissioner may take prior to such date any administrative actions necessary for the timely implementation of this local law, including but not limited to the promulgation of rules.

L.L. 2008/032

Enactment date: 7/30/2008

Preconsidered Int. No. 802

By Council Members Weprin, Comrie and Nelson

A Local Law in relation to changing the days on which the Council can meet to fix the tax rates.

Be it enacted by the Council as follows:

Section 1. For the calendar year two thousand eight and in relation to the tax rate for fiscal year two thousand nine, notwithstanding any inconsistent provisions of section 11-220 of the New York City Administrative Code, the Council may meet on Saturday, Sunday or a legal holiday to fix the annual tax rate.

§ 2. This local law shall take effect immediately and shall be retroactive to and be deemed to have been in full force and effect on June twenty-fifth, two thousand eight.

L.L. 2008/035

Enactment date: 8/12/2008

Int. No. 777

By Council Members Gennaro, Comrie, Felder, White Jr., Yassky, James, Liu, Nelson, Seabrook, Stewart, Gerson, Garodnick, Weprin and the Speaker (Council Member Quinn)

A Local Law to amend the New York city charter and the administrative code of the city of New York, in relation to the consolidation of the environmental control board with the office of administrative trials and hearings and replacing the commissioner of consumer affairs with the chief administrative law judge of the office of administrative trials and hearings on the environmental control board and making other changes related thereto.

Be it enacted by the Council as follows:

Section 1. Declaration of legislative findings and intent. The Council finds and declares that the environmental control board is an administrative tribunal that annually processes over 700,000 notices of violation and conducts over 175,000 hearings; that for many individuals who appear before the board, a board hearing represents one of such individuals' most significant direct interactions with governmental authority; that more efficient board procedures would enhance fair enforcement of the city's laws; that significant improvements in the board's hearing procedures and practices for handling notices of violation can be made, especially through more widespread and effective use of technology, which holds considerable promise for simplifying the hearing process; that the office of administrative trials and hearings is the city's central administrative tribunal and has the greatest institutional expertise of any city agency in administrative tribunal management; and that consolidation of the environmental control board with the office of administrative trials and hearings, as provided for herein, will establish the management structure that will best serve to increase the efficiency, fairness and professionalism of the environmental control board's hearing processes.

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[Consolidated provisions are not included in this Appendix A]

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§ 9. Notwithstanding the provisions of sections 1048 and 1049 of the New York city charter, the environmental control board shall exercise all the functions, powers and duties set forth in section 1049-a of the New York city charter and hearing officers of the environmental control board shall not be subject to the provision of section 1049 that requires administrative law judges in the office of administrative trials and hearings to be appointed for a term of five years.

§ 10. No existing right or remedy of the city of any character shall be lost, impaired or affected by reason of the adoption of this local law.

§ 11. No action or proceeding, administrative, civil or criminal, pending at the time when this local law shall take effect, brought by or against the city or any agency or officer of the city, shall be affected or abated by the adoption of this local law or by anything contained herein.

§ 12. Whenever pursuant to any provision of this local law functions, powers or duties are assigned to officers or employees of the environmental control board in the office of administrative trials and hearings that were exercised by any officer or employee of the environmental control board in the department of environmental protection, all such officers or employees in the classified city civil service who were engaged in the performance of such functions, powers or duties shall be transferred to the environmental control board in the office of administrative trials and hearings, without further examination or qualification, in accordance with section 70 of the civil service law. Provided, however, that officers or employees who are subject to pending disciplinary charges on the date of the functional transfer, or against whom a disciplinary penalty has been assessed but not yet served or paid on or prior to such date, may be retained in the employment of the department of environmental protection until the resolution of the adjudicative or administrative proceedings and until any outstanding disciplinary penalty has been served or paid.

§ 13. This local law shall take effect thirty days after it shall have become a law, or as soon as practicable thereafter as a transfer of functions may be effectuated pursuant to subdivision 2 of section 70 of the civil service law; provided, however, that any rules or regulations required to be promulgated pursuant to subdivision b-1 of section 1049-a of the New York city charter, as added by section two of this local law, shall be promulgated no later than one hundred eighty days after the effective date of this local law.