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.