L.L. 2005/084

Enactment date: 9/27/2005

Int. No. 693

By the Speaker (Council Member Miller) and Council Members Gerson, Brewer, Gennaro, Liu, Sanders Jr., Weprin and The Public Advocate (Ms. Gotbaum)

A Local Law to amend the administrative code of the city of New York, in relation to establishing a Chinatown/Lower East Side empire zone and the repeal of section 22-715 of such code.

Be it enacted by the Council as follows:

Section 1. Declaration of legislation findings and intent. Section 961 of the general municipal law provides that a city may adopt a local law authorizing the submission of an application to the New York state commissioner of economic development for designation of an area within the city as an empire zone. Subdivision (f) of section 958 of the general municipal law authorizes the creation of an empire zone designated as the Chinatown Empire Zone, although the boundaries authorized for such zone also include geographic areas generally referred to as "the Lower East Side". The Council believes that the designation of such Chinatown/Lower East Side Empire Zone could greatly benefit the city of New York in that new businesses would be encouraged to locate in the zone, existing businesses would be encouraged to expand in the zone, and new and expanded businesses would generate new jobs for city residents.

§ 2. The city of New York is authorized to submit an application to the New York state commissioner of economic development for designation of an area within the city of New York as an empire zone, the boundaries of which area are set forth in section three of this local law.

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[Consolidated provisions are not included in this Appendix A]

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§ 4. This local law shall take effect immediately.

L.L. 2005/085

Enactment date: 10/3/2005

Int. No. 22-A

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

A Local Law to amend the administrative code of the City of New York, in relation to the human rights law.

Be it enacted by the Council as follows:

Section 1. The purpose of this local law, which shall be known as the "Local Civil Rights Restoration Act of 2005," is to clarify the scope of New York City's Human Rights Law. It is the sense of the Council that New York City's Human Rights Law has been construed too narrowly to ensure protection of the civil rights of all persons covered by the law. In particular, through passage of this local law, the Council seeks to underscore that the provisions of New York City's Human Rights Law are to be construed independently from similar or identical provisions of New York state or federal statutes. Interpretations of New York state or federal statutes with similar wording may be used to aid in interpretation of the New York City Human Rights Law, viewing similarly worded provisions of federal and state civil rights laws as a floor below which the City's Human Rights law cannot fall, rather than a ceiling above which the local law cannot rise.

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[Consolidated provisions are not included in this Appendix A]

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§ 12. This local law shall take effect upon enactment.

L.L. 2005/086

Enactment date: 10/3/2005

Int. No. 324-A

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

A Local Law to amend the New York city charter, in relation to green building standards for certain capital projects.

Be it enacted by the Council as follows:

Section 1. Statement of findings and purpose. Probably no urban activity has greater impact on human health and the environment than building construction and use. Enormous quantities of resources are used during building construction, renovation and operation, and the production of these resources has substantial environmental impacts. It is estimated that 40% of raw materials consumed globally are used for buildings. In addition, in the United States, commercial and residential buildings are responsible for approximately 65% of electricity consumption, 30% of greenhouse gas emissions, 12% of potable water use and 136 million tons of construction and demolition waste annually. Also, many indoor building materials release hazardous toxins, impairing indoor air quality and reducing occupant health and productivity.

Since most of New York City's electricity is produced within the City and many buildings use oil or natural gas for their heating and hot water, energy consumption in building operation translates into greater local pollution, including emissions of sulfur dioxide, nitrogen oxides, particulate matter, carbon dioxide, and mercury. These pollutants contribute to respiratory disease, heart disease, smog, acid rain, and climate change. Moreover, as energy demand rises, so does our reliance on dirty, inefficient power plants, as well as the nation's dependence on foreign oil and natural gas.

Modern architects and engineers can reduce the health and environmental impacts of buildings by designing "high-performance buildings" or "green buildings." The United States Green Building Council, the nation's foremost coalition of real estate and environmental organizations working to promote green buildings, has developed a green building rating system known as LEED (Leadership in Energy and Environmental Design). Buildings receive LEED certification if their designs score sufficient "points" in five general design areas including siting, water efficiency, energy and atmosphere, materials and resources and indoor environmental quality. Thousands of residential and commercial buildings, ranging from single-family homes to large corporate headquarters, have been designed and constructed throughout the United States utilizing green building principles. Significant local examples include 4 Times Square and 20 River Terrace. A recent study conducted for the State of California concluded that, on average, green buildings show a ten times return on the investment in green building design. This comprehensive analysis of 33 green buildings revealed an average green cost premium of less than 2%, with only a 0.66% premium for buildings that achieved the most basic level of LEED certification.

Numerous municipalities, including Atlanta, Austin, Boston, Boulder, Chicago, Dallas, Los Angeles, Portland (Oregon), San Diego, San Francisco, San José, and Seattle, have adopted LEED or have otherwise required that city-owned buildings be built according to green building criteria. Some localities have created incentive programs for privately-owned green building construction, including the use of direct subsides, density bonuses and expedited permitting. Indeed, Boston will soon require private sector buildings of over 50,000 square feet to be LEED-certifiable.

In New York City, numerous governmental bodies have also embraced green building concepts. The Battery Park City Authority has begun utilizing green building guidelines modeled on LEED for all commercial and residential building construction in Battery Park City. The Department of Design and Construction has also developed High Performance Building Guidelines and has begun applying the guidelines for libraries and other facilities. The New York City Transit Authority has adopted green building guidelines for all new transit facilities, including the Second Avenue Subway. Moreover, the Lower Manhattan Development Corporation and the Port Authority of New York and New Jersey have developed sustainable design guidelines and have designated "environmental planning" as one of five general requirements for the redevelopment of the World Trade Center site and surrounding area.

Likewise, many states, such as California, Connecticut, Maryland, Massachusetts, New Jersey, New York, Pennsylvania, and Rhode Island, have begun utilizing LEED for state-owned buildings. The State of New York provides tax credits for buildings that meet defined green building criteria and, under Executive Order 111, state agencies are directed to reduce energy use and carbon dioxide emissions and to utilize green building principles.

The City owns approximately 1,300 buildings and leases over 12.8 million square feet of office space, and this legislation will affect approximately $12 billion in construction over the City's ten-year capital plan. Considering the size of the City's real estate portfolio, the Council finds that the use of green building criteria for City capital projects will substantially reduce New York City's electricity consumption, air pollution and water use, as well as improve occupant health and worker productivity and encourage market transformation. The Council further finds that reducing overall energy demand through green building techniques will reduce our dependence on foreign oil. Finally, the Council finds that green buildings are a sound investment of public dollars. The Council's financial analysis indicates that, without taking any other savings or social benefits into account, savings in water and energy cost will offset debt service payments on any increase in capital expenditures resulting from this legislation. Accordingly, the Council declares that it is reasonable and necessary to employ green building standards in the construction and renovation of City-owned and City-funded buildings and that these standards be utilized in an orderly and timely fashion.

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[Consolidated provisions are not included in this Appendix A]

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§ 3. An annual report shall be prepared no later than September 1 of each year in accordance with the procedure and format established by the department of design and construction. Such report shall include, but shall not be limited to, a list and brief description, including square footage and total cost, of any capital project subject to section 224.1 of the charter, as added by section 2 of this local law, completed during the preceding calendar year; the estimated level of LEED certification such capital projects have achieved as determined by the design agency in accordance with the LEED rating system or, if applicable, the level achieved, as certified by the United States Green Building Council; additional costs attributable to complying with the LEED green building rating system or any other green building standard; an assessment of the health, environmental and energy-related benefits achieved in comparison with a base-case code compliant project (including projected energy savings and reductions in peak load, reductions in emissions, reductions in storm water runoff and potable water use); a summary of agency findings related to additional investment in energy efficiency pursuant to subparagraphs (i), (ii), and (iii) of paragraph two of subdivision b of section 224.1 of the charter, including any additional investment in energy efficiency considered and the estimated payback time for such investment through savings in energy cost; and the total value of capital allocations in each fiscal year, by city agency, of projects subject to, and exempted by the mayor for each of paragraph one and subparagraphs (i), (ii) and (iii) of paragraph two of subdivision b, paragraphs one and two of subdivision c and subdivision d of section 224.1 of the charter, as added by section 2 of this local law, as well as a list and brief description, by agency, of such exempted projects, including square footage and project cost. The first such report shall be completed on or prior to September 1, 2008.

§ 4. This local law shall take effect on January 1, 2007 and shall apply to capital projects for which the final design is approved pursuant to section 223 of the New York city charter after such effective date, except that prior to such effective date the mayor shall take all actions necessary for the timely implementation of this local law, including the promulgation of rules, and shall take all practicable steps to implement this local law. Section 3 of this local law shall expire and shall be of no further force and effect on and after January 1, 2019. Subdivision k of section 224.1 of the charter, as added by section 2 of this local law, shall expire and shall be of no further force and effect on and after January 1, 2017.

L.L. 2005/087

Enactment date: 10/3/2005

Int. No. 629-B

By Council Members Yassky, Barron, Clarke, Fidler, James, Koppell, Liu, Nelson, Stewart, Weprin, Foster, Gennaro, Quinn, Gerson, Addabbo, Jr., Jackson, Brewer, Comrie, Martinez, de Blasio, the Speaker (Council Member Miller), Gonzalez, Seabrook, Katz, Arroyo and The Public Advocate (Ms. Gotbaum)

A Local Law to amend the administrative code of the city of New York, in relation to prohibiting employers from locking employees or other individuals inside a workplace and increasing the fines for obstruction of exits and unlawful change of exits.

Be it enacted by the Council as follows:

Section 1. Legislative findings and intent. The Triangle Shirtwaist fire of 1911 significantly impacted labor unions and labor laws in the United States. At that time, 146 women and girls whose average age was 19 tragically perished in that fire because they were locked in their workplace. Despite numerous workplace safety laws and regulations that mandate emergency egress plans and fire safety equipment and plans, the problem of locking workers in the workplace still exists. A number of large retailers have been cited by the Untied States Department of Labor's Occupational Safety and Health Administration for continuing this potentially fatal practice. In addition, newspaper accounts have indicated that janitors and immigrant workers at supermarkets in Brooklyn, Queens and The Bronx are being locked in the workplace, with fire exits blocked or padlocked.
This legislation would increase the penalties for obstruction of exits and unlawful change of exits. In addition, this legislation would create a penalty where an employer locks the doors of or otherwise prohibits the exit from any workplace when by doing so the health or safety of an employee may become endangered. A workplace is intended to be any location, away from the home, permanent or temporary, where any employee, independent contractor or other individual performs any work-related duty in the course of employment, whether or not such duty is a direct responsibility of such person, including, but not limited to, any building that is classified by title twenty-seven of the Administrative Code of the City of New York.

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[Consolidated provisions are not included in this Appendix A]

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§ 6. 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.

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

L.L. 2005/089

Enactment date: 10/11/2005

Int. No. 468-A

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

A Local Law to amend the administrative code of the city of New York, in relation to requiring employers in the grocery industry to make prevailing health care expenditures on behalf of their employees.

Be it enacted by the Council as follows:

Section 1. Declaration of legislative findings and intent. In major industries in New York City, such as the grocery industry, responsible employers have long provided employer-paid health care for their employees and the families of their employees. Ensuring that employers do not eliminate employer-paid health care is important for minimizing the burden on taxpayers and the public health care system, protecting the health, safety and well-being of hardworking New Yorkers and promoting safe conditions and stable growth. Furthermore, research shows that ensuring access to employer-paid health care can strengthen industries by reducing employee turnover and improving employers' ability to recruit new employees.

The City Council finds that in order to achieve these goals, employers should make prevailing health care expenditures on behalf of their employees. This local law initially establishes such a program in the grocery industry, where responsible employers have demonstrated that it is economically feasible to pay for their employees' health care, but a growing number of employers in this industry are not doing so.

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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, including any requirement imposed pursuant to it, 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.

L.L. 2005/091

Enactment date: 10/18/2005

Int. No. 592-A

By Council Members Gentile, Sears, Stewart, DeBlasio, Gioia, Brewer, Clarke, Comrie, Fidler, Gennaro, Gonzalez, James, Koppell, Nelson, Perkins, Reyna, Sanders Jr., Seabrook, Weprin, Quinn, Martinez, Liu, Barron, Palma, Yassky, Jackson and The Public Advocate (Ms. Gotbaum)

A Local Law to amend the administrative code of the city of New York, in relation to establishing a commission to study the feasibility of creating public/private partnerships to develop and operate job centers for immigrant day laborers.

Be it enacted by the Council as follows:

Section 1. Declaration of legislative intent. The Council finds that immigrant day laborers often work under dangerous conditions, without the benefit of proper training, equipment or safety precautions. An estimated 15,000 day laborers live and work in New York State, including between 5,800 and 8,300 in the greater metropolitan region, the vast majority of whom are believed to be immigrants. A recent survey of day laborers in New York City found that almost 85% of those surveyed have experienced some type of abuse in the industry: 50 percent experienced non-payment of wages, and 56 percent were paid less than the agreed upon wage. The informal congregation of day laborers on City streets while they wait for employment creates additional concerns regarding day labor employment.

In New York City, non-profit and community organizations have set up a handful of formally designated hiring sites, known as job centers, where day laborers and employers are able to connect under regulated conditions. These arrangements provide day laborers with viable and preferable alternatives to congregation on city streets, facilitate monitoring of health and safety conditions and improved enforcement of wage and hour laws, and create more systematic mechanisms for service providers to reach the day laborer community, which is otherwise transient and disorganized. The Council finds that job centers can improve the day labor industry through ensuring the use of contracts that clearly spell out agreed upon wages and dates of payment, assuring the availability of equipment essential for worker safety, gloves, and overalls, and by connecting employers with workers who have appropriate skills. The Council further finds that job centers have proven to be successful models for addressing the issues and concerns regarding day labor employment.

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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 shall continue in full force and effect.

§ 4. This local law shall take effect forty-five days after enactment.

L.L. 2005/097

Enactment date: 12/1/2005

Int. No. 70-A

By Council Members Koppell, Yassky, Liu, Nelson, Vann, Dilan, Fidler, Gerson, Jackson, Lopez, Quinn, Sanders, Seabrook, Stewart, Weprin, Brewer, Clarke, James. Gennaro, McMahon, Avella, Vallone Jr. and The Public Advocate (Ms. Gotbaum)

A Local Law to amend the administrative code of the city of New York, in relation to requiring a recycling program for all rechargeable batteries.

Be it enacted by the Council as follows:

Section 1. Declaration of legislative Intent and findings. The Council finds and declares that the presence of toxic metals in discarded rechargeable batteries is a matter of great concern in light of their adverse effect on groundwater quality when disposed of in landfills and their presence in emissions or residual ash when incinerated at a resource recovery facility; that cadmium, lead and mercury found in rechargeable batteries, on the basis of available scientific and medical evidence, are of particular concern; that it is desirable to reduce the toxicity of waste materials in the solid waste streams directed to resource recovery and sanitary landfill facilities; that the removal of used rechargeable batteries containing high levels of cadmium, lead or mercury from the solid waste stream can have a significant beneficial impact on the quality of the emissions and residual ash resulting from the incineration of solid waste at resource recovery facilities, and on groundwater quality in those regions where solid waste is disposed at sanitary landfill facilities; and that the most effective and appropriate method to promote the reduction of toxic metals from rechargeable battery disposal is to require the battery industry to accept the financial responsibility for the environmentally sound collection, transportation and recycling or proper disposal of discarded rechargeable batteries.

The Council therefore determines that it is in the public interest of the city of New York to maximize the removal of used rechargeable batteries from the solid waste stream by banning the disposal of used rechargeable batteries from the solid waste stream and requiring manufacturers of rechargeable batteries to take back and recycle the used rechargeable batteries that are sold or disposed of in the city of New York.

This law is purposefully structured to fit into current rechargeable battery initiatives, especially the Rechargeable Battery Recycling Corporation's call2recycle program. This program currently uses volunteer retailers, and provides them with collection boxes with pre-paid postage that can be mailed directly to existing recycling centers, to collect and recycle rechargeable batteries and cell phones of all varieties. The program also does public outreach and advertising to increase its recycling rates. The program is paid for by over 350 manufacturers and marketers of products that use rechargeable batteries and has over 37,000 participating retail partners, including approximately 350 retailers throughout the city, such as Radio Shack, Home Depot and Verizon Wireless. The Council finds that making this existing voluntary program mandatory would strengthen its effectiveness in the city of New York.

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[Consolidated provisions are not included in this Appendix A]

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§ 3. This local law shall take effect one year after its enactment into law, except that section 16-406 of the administrative code of the city of New York, as added by section two of this title, shall not take effect until eighteen months after its enactment into law.