L.L. 2005/113

Enactment date: 12/29/2005

Int. No. 397-A

By Council Members Gennaro, Avella, Comrie, Fidler, Jackson, Provenzano, Recchia, Weprin, Liu, Addabbo (by request of the Mayor) and The Public Advocate (Ms. Gotbaum)

A Local Law to amend the administrative code of the city of New York, in relation to the noise control code and the repeal of subchapters 4, 5 and 6 of chapter 2 of title 24 of such code.

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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§ 16. All actions and proceedings, civil or criminal, or administrative proceedings commenced under or by virtue of any provision repealed by this local law and pending immediately prior to the taking effect of such repeal may be prosecuted and defended to final effect in the same manner as they might if such provisions were not so repealed.

§ 17. On or prior to January 1, 2007 the commissioner of environmental protection shall promulgate noise mitigation rules in accordance with section 24-219 of the administrative code, as added by section 10 of this local law.

§ 18. This local law shall take effect on July 1, 2007 provided that prior to such effective date agencies may promulgate rules or take other administrative actions necessary for the timely implementation of this local law including the appointment of any advisory committee and provided further that section 17 of this local law shall take effect immediately upon its enactment into law.

L.L. 2005/114

Enactment date: 12/29/2005

Int. No. 470-A

By Council Members Addabbo, Jr., Vallone, Jr., Baez, Brewer, Comrie, Felder, Fidler, Gennaro,Gerson, Jackson, Katz, Liu, Martinez, Monserrate, Nelson, Perkins, Quinn, Recchia, Sanders, Seabrook, Stewart, Weprin, Moskowitz, Rivera, Avella, Clarke, Foster, Gonzalez, James, Palma, Reed, Sears, Vann, McMahon, Gentile, DeBlasio, the Speaker (Council Member Miller), Yassky, Koppell, Gioia, Dilan, Reyna, Barron, Arroyo, Lopez and The Public Advocate (Ms. Gotbaum)

A Local Law to amend the administrative code of the city of New York, in relation to requiring the police department to submit to the council reports of crime in parks and playgrounds.

Be it enacted by the Council as follows:

Section 1. Declaration of legislative findings and intent. Although the police department gathers data about crime in parks, such information is not readily available to the council. The police department reports to the council on the number of crimes within each precinct, including a subset of housing bureau and transit bureau complaints within each precinct, but information on crime in parks is not separately provided.

Parks provide an oasis for residents and visitors, and it is vitally important that just as precinct crime information is sent to the council on a quarterly basis, data about the safety of parks should also be provided to the council.

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[Consolidated provisions are not included in this Appendix A]

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§ 3. This local law shall become effective 30 days after its enactment into law.

L.L. 2005/115

Enactment date: 12/29/2005

Int. No. 480-A

By Council Members Quinn, de Blasio, Fidler, Martinez, Palma, Recchia, Reyna, The Public Advocate (Ms. Gotbaum), Boyland, Brewer, Clarke, Comrie, Foster, Gennaro, Gerson, Gonzalez, Jackson, James, Katz, Koppell, Liu, Nelson, Rivera, Sanders, Seabrook, Vann, Weprin and Sears

A Local Law to amend the administrative code of the city of New York, in relation to creating a child fatality review advisory team.

Be it enacted by the Council as follows:

Section 1. Legislative findings and intent. New York City has a responsibility to serve its most vulnerable residents, especially its children. The Council recognizes that no child should die due to any preventable factor. The Council also recognizes that by establishing a mechanism for an independent, comprehensive, multiagency and multidisciplinary review of all child deaths, we will better understand trends and patterns regarding how and why children die in New York City, and thus be better able to take action that can prevent other such deaths and improve the health and safety of New York City's children.

The Council finds that this review must occur at the City level to ensure that the characteristics of child protection that are unique to a large urban area such as New York City are appropriately identified and addressed. The Council also finds that the establishment of a local, independent Child Fatality Review Advisory Team would promote cooperation and communication among the various City agencies involved in investigating child fatalities and would help facilitate the provision of services needed by children and families. Therefore, the Council finds that a New York City Child Fatality Review Advisory Team is necessary to identify preventable social and family circumstances that contribute to child fatalities; provide recommendations regarding the investigation and prevention of child deaths; and identify problems in practices and recommend solutions.

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[Consolidated provisions are not included in this Appendix A]

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§ 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 ninety days after its enactment into law and shall be deemed repealed on January 30, 2012.

L.L. 2005/117

Enactment date: 12/29/2005

Int. No. 495-A

By Council Members Martinez, Barron, Comrie, Jennings, Palma, Seabrook, Stewart, Yassky, Koppell, Brewer, Sears, Jackson and Liu

A Local Law to amend the administrative code of the city of New York, in relation to establishing a "no wake area" within the Harlem River and requiring appropriate signage, requiring the preparation and distribution of educational material about wake reduction and establishing a temporary citywide boater safety and wake reduction task force.

Be it enacted by the Council as follows:

Section 1. Declaration of legislative findings and intent. The operation of water-borne vessels within the city of New York or its territorial waters results in the production of wakes, some of which travel at speeds and heights that pose a danger to the safety of boaters in vessels that are not mechanically propelled, and may damage piers and other shoreline structures, waterfront recreational facilities and parks, the shoreline itself and wetland restoration sites along the waterfront.

The New York Restoration Project, a non-profit organization founded over ten years ago, creates open space for public access and manages several gardens and parks. In 1996, the organization began work to clean up a five-acre parcel of land on the Harlem River located at the corner of Harlem River Drive and Dyckman Street that was being used as a dumping ground for boats, refrigerators, construction equipment and other debris.

The New York Restoration Project converted this area to parkland and opened the Peter Jay Sharp Boathouse in 2004, which is a floating structure managed by the New York Rowing Association, a not-for-profit organization dedicated to sharing the benefits of rowing for athletes in New York City of all ages and athletic abilities. In addition, the organization initiated a wetland restoration project along the shoreline that was completed in 2003 by the New York State Department of Transportation.

The Peter Jay Sharp Boathouse has required several costly repairs during its short period of operation. For example, over 300 linear feet of sewer, sprinkler and water utility piping running from the boathouse to the shore was destroyed, a floating dock was damaged and the boathouse's fendering system deteriorated. According to the New York Restoration Project, harmful wakes have contributed to these damages.

The Harlem River is a popular waterway for rowing and crew racing. Nicknamed "Scullers Row" in the late 19th and early 20th centuries, the Harlem River is considered by many to be the birthplace of American rowing. In addition to the Peter Jay Sharp boathouse, the Columbia University Boathouse is located at the northern tip of Manhattan near Spuyten Duyvil. Columbia University rowers have long practiced and raced on the Harlem River as far south as Yankee Stadium. Other rowing clubs use the Harlem River for daily practice, including Fordham University, Manhattan College and the Empire State Rowing Association.

Use of the Harlem River for rowing is rapidly increasing. In 2005, there were two regattas on the Harlem River, including the first annual Peter Jay Sharp "Head of the Harlem" Regatta in September, which drew high school, collegiate and master rowers from up and down the eastern seaboard. The New York Rowing Association's Urban Rowing Initiative teaches swimming and rowing to urban teenagers, especially from Washington Heights and the South Bronx, as a way of opening up both the river to its surrounding community and the kids to possible athletic scholarships. The New York State Office of Parks and Historic Preservation is studying the feasibility of building a multi-use boathouse at the southern end of Roberto Clemente State Park as part of a park-wide renovation to be completed by 2010.

Despite the Harlem River's unique role as a crew racing destination in New York City, rowers must compete with mechanically-propelled boat users and their wakes. A recent incident underscores the need for operators of all water-borne vessels to exercise extreme caution in their activities and to make allowances for the possibility of the presence of other boaters in the water. In this incident, a collision occurred between a racing shell carrying four members of the Peter Jay Sharp Rowing Club and another vessel. The four men were thrown into the water, and while three were rescued by the operators of the vessel, the fourth man, Jim H. Runsdorf, could not be rescued. This bill is therefore named in tribute to Jim H. Runsdorf.

This tragedy raises questions about how to improve the coordination of water transportation in areas known for crew racing using non-mechanical boats and regattas. This legislation addresses this problem by defining two areas in the Harlem River as a "no wake area" to enhance the safety of non-mechanically propelled vessel operators and protect piers and other shoreline structures, waterfront recreational facilities and parks, the shoreline itself and wetlands along the waterfront. This legislation also addresses the need for increased awareness and care among operators of water-borne mechanically-propelled vessels traveling in the territorial waters of New York City by publicizing educational material and creating a temporary citywide task force on boater safety and wake reduction.

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[Consolidated provisions are not included in this Appendix A]

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§ 5. This local law shall be known as the Jim H. Runsdorf Law.

§ 6. This local law shall take effect immediately, except that sections two and three shall take effect ninety days after it shall have become a law, and except that the police commissioner and the commissioner of parks and recreation shall take such actions as are necessary for the implementation of sections two and three of this local law prior to such effective date.

L.L. 2005/118

Enactment date: 12/29/2005

Int. No. 534-A

By Council Members DeBlasio, Gennaro, Avella, Brewer, Clarke, Fidler, Gerson, James, Liu, Lopez, Martinez, Nelson, Palma, Quinn, Recchia Jr., Sanders Jr., Seabrook, Stewart, Weprin, Koppell, Moskowitz, Barron, Perkins, McMahon, Foster, Reyna, Monserrate, Yassky, Gonzalez, Gioia, Gentile, Katz, Reed, Jackson, the Speaker (Council Member Miller) and The Public Advocate (Ms. Gotbaum)

A Local Law to amend the administrative code of the city of New York, in relation to environmental purchasing and the establishment of a director of citywide environmental purchasing.

Be it enacted by the Council as follows:

Section 1. Statement of findings and purpose. In almost every category of goods, there are some products that are environmentally preferable to others. In many instances, there is little or no additional cost associated with the environmentally preferable option. For example, there is little cost difference between paper with no recycled content and paper with thirty percent post-consumer recycled content. Similarly, environmentally preferable indoor paints are readily available from all major paint manufacturers.

Many levels of government have established environmental purchasing programs. The federal government, for example, requires all federal agencies, subject to price and other considerations, to purchase goods with a minimum percentage of recovered material according to guidelines developed by the United States Environmental Protection Agency. In addition, federal agencies are required by Executive Order 13101 and the Federal Acquisition Regulation to assess and give preference to those products and services that are environmentally preferable. States such as California, Massachusetts, Michigan, Minnesota, Ohio and Pennsylvania have also developed extensive environmental procurement programs, as have many local governments. Environmental purchasing programs take into account numerous factors, including the production of waste, energy and water use, greenhouse gas emissions, indoor air quality, recycled and reused content and the presence of hazardous substances.

The Council finds that the purchase of environmentally preferable products will protect the environment by reducing the City's energy consumption, air pollution, hazardous releases and water use. Accordingly, the Council declares it is reasonable and necessary to require the establishment of a citywide director of environmental purchasing.

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[Consolidated provisions are not included in this Appendix A]

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§ 3. 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 law, which remaining portions shall continue in full force and effect.

§ 4. This local law shall take effect January 1, 2007, except the mayor shall appoint a director of citywide environmental purchasing within 60 days after January 1, 2006, and such director shall take any actions necessary, including the promulgation of rules, to implement this local law on or before the date upon which it shall take effect. Provided, however, that this local law shall take effect only in the event that: Int. No. 545-A, a proposed local law to amend the administrative code of the city of New York, in relation to the purchase of products with recycled content, and to repeal section 6-122 and subchapter 5 of chapter 3 of title 16 of such code, takes effect; Int. No. 536-A, a proposed local law to amend the administrative code of the city of New York, in relation to the purchase of energy efficient products, and to repeal subdivisions a, c, d, e and f of section 6-127 of such code, takes effect; and Int. No. 544-A, a proposed local law to amend the administrative code of the city of New York, in relation to the reduction of hazardous substances in products purchased by the city, takes effect.