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L.L. 2003/067
Enactment date: 11/13/2003
Int. No. 539
By Council Member Baez, the Speaker (Council Member Miller) and Council Members Weprin, Oddo, Dilán, Comrie, Nelson, Brewer, Gennaro, Seabrook, Rivera, Barron, Serrano, López, Provenzano, Recchia, Gallagher, Avella, Sears, Espada, Gerson, Katz, Addabbo, González, Felder, Fidler, Foster, Perkins, Clarke, Gioia, Jackson, Jennings, Koppell, Liu, Martinez, McMahon, Monserrate, Moskowitz, Quinn, Reed, Reyna, Sanders, Stewart, Vallone, Vann, Yassky, Gentile, DeBlasio and The Public Advocate (Ms. Gotbaum)
A Local Law to amend the administrative code of the city of New York, in relation to increasing to $24,000 the maximum income level qualifying for exemption from rent increases granted to certain senior citizens.
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, and shall be retroactive to and shall be deemed to have been in full force and effect on and after September 1, 2003. Notwithstanding any other provision of the administrative code of the city of New York, any person who on or after September 1, 2003 through the date of enactment of this local law would have been eligible for a rent increase exemption order pursuant to such code but for the fact that his or her income exceeded the income limitation of twenty thousand dollars in effect before the enactment of this local law, and who as a result of the enactment of this local law increasing the maximum income limitation to twenty-four thousand dollars is eligible for such order on or after September 1, 2003 through the date of enactment of this local law may file an application for such order within ninety days of the enactment of this local law. Any such rent increase exemption order issued to such applicant shall be effective as of that date on or after September 1, 2003 through the date of enactment of this local law upon which such person would have been eligible for such rent increase exemption order but for the fact that his or her income exceeded the income limitation of twenty thousand dollars in effect before the enactment of this local law.
L.L. 2003/068
Enactment date: 11/13/2003
Int. No. 540
By Council Members Baez, Comrie, Addabbo, Barron, Clarke, Fidler, Foster, Gennaro, Gentile, Gerson, Gioia, Jackson, Jennings, Koppell, Liu, Lopez, Martinez, McMahon, Monserrate, Nelson, Perkins, Provenzano, Quinn, Recchia, Reed, Reyna, Rivera, Sanders, Seabrook, Vallone, Gonzalez, Serrano, the Speaker (Council Member Miller), Brewer, DeBlasio, Felder, Weprin and The Public Advocate (Ms.Gotbaum)
A Local Law to amend the administrative code of the city of New York, in relation to tax exemptions for low-income elderly persons.
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. This local law shall take effect immediately and shall apply to assessment rolls prepared on the basis of taxable status dates occurring on or after January 1, 2004.
L.L. 2003/069
Enactment date: 11/19/2003
Preconsidered Int. No. 575
By Council Member Perkins
A Local Law in relation to the disapproval of a determination by the department of housing preservation and development to approve the transfer of the property located at 121 West 126 Street, also known as Block 1911, Lot 22, in the borough of Manhattan.
Be it enacted by the Council as follows:
Section one. In accordance with the provisions of section 11-412.2 of the administrative code of the city of New York, the determination by the department of housing preservation and development to authorize the transfer by the department of finance of the property located at 121 West 126 Street, also known as Block 1911, Lot 22, in the borough of Manhattan, to transferees selected by the department of housing preservation and development, is hereby disapproved.
§ 2. In the event that the mayor disapproves this local law, the determination of the department of housing preservation and development to authorize the transfer of the property as set forth in section one of this local law shall not be deemed approved until the council shall have failed to repass such local law in accordance with section thirty-seven of the of the charter or the period within which such repassing may occur has elapsed. In the event that such local law is repassed in accordance with section thirty-seven of the charter, such determination of the department of housing preservation and development shall be deemed to be disapproved.
§ 3. This local law shall take effect immediately and shall be deemed to have been in full force and effect on the date it was first passed by the council.
L.L. 2003/070
Enactment date: 11/26/2003
Proposed Int. No. 409-A
By the Speaker (Council Member Miller) and Council Members Boyland, Gioia, Baez, Brewer, Clarke, Comrie, Gerson, Jackson, Katz, Koppell, Liu, Martinez, Nelson, Perkins, Quinn, Recchia, Reed, Sears, Serrano, Stewart, Vann, Weprin, Yassky, DeBlasio, Espada, Lopez, Reyna, Avella, Rivera and Barron
A Local Law to amend the administrative code of the city of New York, in relation to the practices of debt collection agencies that collect child support payments.
Be it enacted by the Council as follows:
Section 1. Legislative findings and intent. Existing federal, state and local consumer protection laws do not generally regulate private child support collection agencies. Furthermore, current industry practices, as reflected in consumer complaints and litigation, raise significant questions about the implications of the lack of such regulation. Specifically, the Council finds that alleged practices, including, but not limited to, charging exorbitant and excessive fees, threats and abusive telephone calls directed at both custodial and non-custodial parents, signing custodial parents to contracts with unclear terms, collecting fees for payments of child support collected primarily by a government agency, and utilizing unclear accounting practices that lead to the designation of current payments of child support as arrears in order to prevent parents from ever satisfying their obligations to such agencies, necessitate the creation of basic consumer protections for consumer-parents interacting with these agencies. The Council also finds that current, timely and/or on-going payments of orders of child support are part of a family's income needed to meet basic needs. Therefore, the Council finds that private child support collection agencies should be regulated by New York City's consumer protection laws, and that the fees collected by such agencies should be reasonably related to the work and services provided.
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[Consolidated provisions are not included in this Appendix A]
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§ 7. 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.
§ 8. Effective date. This local law shall take effect ninety days after its enactment into law, and shall apply to contracts entered into on or after such date.
L.L. 2003/073
Enactment date: 12/22/2003
Proposed Int. No. 38-A
By the Speaker (Council Member Miller) and Council Members Liu, Brewer, DeBlasio, Barron, Comrie, Dilan, Martinez, Monserrate, Moskowitz, Perkins, Quinn, Reyna, Rivera, Serrano, Yassky, Reed, Sanders, Jr., Gennaro, Foster, Koppell, Clarke, Recchia, Jr., Baez, Nelson, Seabrook, Sears, Lopez, Felder, Espada, Jr., Katz, Stewart, Gonzalez, Jackson, James, Jennings, Addabbo, Jr., Avella, McMahon and the Public Advocate (Ms. Gotbaum); also Council Members Boyland, Vann, Fidler, Gerson, Weprin and Gioia
A Local Law to amend the administrative code of the city of New York, in relation to the provision of language assistance services.
Be it enacted by the Council as follows:
Section 1. Declaration of legislative findings and intent. Title VI of the Civil Rights Act of 1964 provides in pertinent part that "[n]o person in the United States shall on the ground of race, color or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal assistance." The United States Department of Justice and the Department of Health and Human Services have stated that all recipients of federal funding must take reasonable steps to ensure meaningful access to the information and services they provide and that failure to do so may amount to a violation of Title VI.
It is and has been the policy of the City of New York to oppose all forms of discrimination, especially when such discrimination could undermine the welfare of New York City residents. Individuals should not face obstacles to receiving social services for which they may be eligible because they do not speak English. The purpose of this local law is to ensure that persons eligible for social services receive them and to avoid the possibility that a person who attempts to access services will face discrimination based upon the language s/he speaks.
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[Consolidated provisions are not included in this Appendix A]
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§ 3. This local law shall take effect forty-five days after its enactment.
L.L. 2003/077
Enactment date: 12/22/2003
Int. No. 191-A
By Council Members Gerson, the Speaker (Council Member Miller), Clarke, Comrie, Jennings, Perkins, Yassky, Avella, Serrano, Koppell, Quinn, Seabrook, Katz, Brewer, Gennaro, Gioia, Gentile, DeBlasio, Moskowitz, Liu, Baez, Lopez, Martinez, James, Weprin, Jackson and Nelson; also Council Members Boyland, Recchia, McMahon and Vallone
A Local Law to amend the administrative code of the city of New York, in relation to the use of ultra low sulfur diesel fuel and the best available technology by nonroad vehicles in city construction.
Be it enacted by the Council as follows:
Section 1. Declaration of Legislative Findings and Intent. The Council finds that diesel emissions, due in large part to their high concentrations of particulate matter, are associated with severe and multiple health risks to the citizens of New York City. Public health organizations, including the National Institute of Occupational Safety and Health, the World Health Organization, the United States Environmental Protection Agency (EPA), the California Environmental Protection Agency and the United States Department of Health and Human Services' National Toxicology Program, have associated diesel exhaust or diesel particulates with an increased risk of cancer. Additionally, the health effects associated with particulate matter include decreased lung function, aggravated asthma, respiratory symptoms and premature death.
1
Nonroad diesel equipment is the single largest mobile source-based source of diesel particulate matter.
Diesel exhaust also contains nitrogen oxides, which combine with volatile organic compounds in the air, such as hydrocarbons – also emitted by nonroad vehicles – to form ground-level ozone, or smog, in the presence of heat and sunlight.
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Ozone may cause a variety of respiratory problems, including aggravated asthma, decreases in lung capacity and increased susceptibility to respiratory illnesses.
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It is damaging to lung tissue in high concentrations and during long-term exposure.
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New York City continues to be classified as a "severe-17 nonattainment area" for ozone.
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As mentioned above, increased particulate matter concentrations and nitrogen oxides have been positively linked to increases in the aggravation of asthma, which can lead to increased rates of preventable hospitalization and premature death. The Council finds that reducing particulate matter and nitrogen oxide emissions may help to stem the tide of the asthma epidemic in New York City. In the year 2000 alone, there were 26,868 asthma-related hospitalizations in New York City.
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These hospitalizations resulted in $242,454,056 of medical expenses – an average of $9023.90 per hospitalization - of which 49.4% of the charges, or $119,772,304, was paid by Medicaid and 23.1% of the charges, or $56,006,887, was paid by Medicare.
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The EPA, recognizing the harmful effects of diesel emissions from nonroad vehicles, issued a proposed rule on April 15, 2003, which would require that sulfur levels in nonroad diesel fuel be limited to 15 parts per million in 2010. This rule would also require, starting in 2008 for smaller nonroad vehicles, that engines meet more stringent emissions standards.
Nonroad vehicles, such as backhoes, bulldozers, excavation machines, generators and cranes, have been and will be used to perform necessary and important functions at Ground Zero and will play a major role in the rebuilding of the area for years to come. The Council finds, however, that the City has a responsibility toward the people who live, work and attend school in Lower Manhattan, to minimize, wherever practical, the pollution such equipment and machinery emit into the air. The Council finds that the use of ultra low sulfur diesel fuel to power the diesel-powered nonroad vehicles operating at Ground Zero and in other parts of Lower Manhattan would reduce the amount of particulates released into the air by these vehicles, thereby improving air quality in that area. The Council further finds that using nonroad vehicles that utilize the best available technology for reducing the emission of harmful pollutants, such as particulate matter and nitrogen oxides, would have a dramatic impact on the level of pollutants being released in Lower Manhattan.
The Council finds that air quality is a concern in all parts of New York City, as well as in Lower Manhattan, particularly since the City suffers from some of the highest asthma rates in the country. Therefore, the Council finds that it is in the best interest of the health of our City's residents, workers and schoolchildren for the City to use ultra low sulfur diesel fuel and the best available technology for reducing the emission of pollutants in its diesel-powered nonroad vehicles in all areas of the City, in addition to Lower Manhattan. The Council also finds that the City should contract for construction services with contractors who use ultra low sulfur diesel fuel and the best available technology to minimize the release of harmful pollutants in diesel-powered nonroad vehicles. Acting with the discretion allowed any private participant in the market, the City should choose to allocate its purchasing dollars in order to protect the health of its residents, thus decreasing the number of asthma hospitalizations and associated costs to the City, as well.
This legislation requires that any diesel-powered nonroad vehicle, fifty horsepower and greater, that is owned by, operated by or on behalf of, or leased by a City agency be powered by ultra low sulfur diesel fuel and utilize the best available technology for reducing the emission of pollutants. Additionally, this legislation requires that any solicitation for a public works contract and any contract entered into as a result of such solicitation include specifications that all contractors in the performance of such contract use ultra low sulfur diesel fuel and the best available technology for reducing the emission of pollutants for diesel-powered nonroad vehicles. All contractors in the performance of such contract must comply with such specifications. Although these requirements would apply to such vehicles only in Lower Manhattan at first, they would subsequently apply to nonroad vehicles in all other areas of the City. The Council finds that this legislation will have an important impact on improving the air quality throughout New York City and, consequently, may annually save the City millions of dollars in avoided health care costs.
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[Consolidated provisions are not included in this Appendix A]
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§ 4. 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 effect the validity of the remaining portions of this law, which remaining portions shall continue in full force and effect.
§ 5. This local law shall take effect one hundred eighty days after its enactment, except that the commissioner of environmental protection shall take all actions necessary, including the promulgation of rules, to implement this local law on or before the date upon which it shall take effect.
1 United States Environmental Protection Agency, "Health and Environmental Effects of Particulate Matter, Fact Sheet", July 17, 1997, http://www.epa.gov/ttn/oarpg/naaqsfin/pmhealth.html.
4 American Lung Association of New York State, Inc., "Unhealthful to Breathe: Summer Ozone Levels in New York State", October 2002, p. 6.
5 This classification means that the area does not meet the national primary or secondary ambient air quality standard for ozone; it has a design value of from 0.190 up to 0.280 ppm for ozone; and, it has until 2007 to attain compliance with the standards. http://www.epa.gov/oar/oaqpsd/greenbk/define.html#Designations.
6 New York City Department of Health and Mental Hygiene, "Asthma Facts, Second Edition ("Asthma Facts")", May 2003, Figure 6, p. 12.
7 Asthma Facts, Figure 11, p. 13.
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