L.L. 1995/077

Enactment date: 10/24/1995

Int. No. 599-A

By Council Members Berman, DeMarco, Henry, and Pagan (by the request of the Mayor); also Council Members Fisher, Leffler and Eristoff

A Local Law to amend the charter of the city of New York, and the administrative code of the city of New York, in relation to creating a department of design and construction, and, in furtherance thereof, amending procedures relating to scope of projects, review by the art and landmarks preservation commissions and community boards

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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§ 18. Any agency or officer to which are assigned by or pursuant to sections one through six and sections thirteen through sixteen of this local law any functions, powers and duties shall exercise such functions, powers and duties in continuation of their exercise by the agency or officer by which the same were heretofore exercised and shall have power to continue any business, proceeding or other matter commenced by the agency or officer by which such functions, powers and duties were heretofore exercised. Any provision in any law, rule, regulation, contract, grant or other document relating to the subject matter of such functions, powers or duties, and applicable to the agency or officer formerly exercising the same shall, so far as not inconsistent with the provisions of this local law, apply to the agency or officer to which such functions, powers and duties are assigned by or pursuant to this local law.

§ 19. Any rule or regulation in force on the effective date of this local law, and promulgated by an agency or officer whose power to promulgate such type of rule or regulation is assigned by or pursuant to sections one through six and sections thirteen through sixteen of this local law to some other agency or officer, shall continue in force as the rule or regulation of the agency or officer to whom such power is assigned, except as such other agency or officer may hereafter duly amend, supersede or repeal such rule or regulation.

§ 20. If any of the functions, powers or duties of any agency or part thereof is by or pursuant to sections one through six and sections thirteen through sixteen of this local law assigned to another agency, all records, property and equipment relating to such transferred function, power or duty shall be transferred and delivered to the agency to which such function, power or duty is so assigned.

§ 21. No existing right or remedy of any character accruing to the City shall be lost or impaired or affected by reason of the adoption of this local law.

§ 22. No action or proceeding, 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, shall be affected or abated by the adoption of this local law or by anything herein contained; but all such actions or proceedings may be continued notwithstanding that functions, powers and duties of any agency or officer party thereto may by or pursuant to this local law be assigned or transferred to another agency or officer, but in that event the same may be prosecuted or defended by the head of the agency or the officer to which such functions, powers and duties have been assigned or transferred by or pursuant to this local law.

§ 23. Whenever by or pursuant to any provision of sections one through six and sections thirteen through sixteen of this local law functions, powers or duties may be assigned to any agency or officer which have been heretofore exercised by any other agency or officer, officers and employees in the classified city civil service who are engaged in the performance of such functions, powers or duties may be transferred to the agency to which such functions, powers or duties may be assigned by or pursuant to this local law.

§ 24. Any license, permit or other authorization in force on the effective date of this local law, and issued by an agency, where the power of such agency to issue such license, permit or authorization is assigned by or pursuant to sections one through six and sections thirteen through sixteen of this local law to another agency or officer, shall continue in force as the license, permit or authorization of such other agency, or officer, except as such license, permit or authorization may expire or be altered, suspended or revoked by the appropriate agency or office pursuant to law. Such license, permit or authorization shall be renewable in accordance with the applicable law by the agency or officer with such power pursuant to law, including this local law.

§ 25. The provisions of this local law shall be severable and if any phrase, clause, sentence, paragraph, subdivision or section of this local law, or the applicability thereof to any person or circumstance, shall be held invalid, the remainder of this local law and the application thereof shall not be affected thereby.

§ 26.   a.   No later than eighteen months from the effective date of this local law, the department of design and construction shall assume jurisdiction over design and construction work now performed by the division of design and construction services of the department of general services, design and construction work relating to streets and highways now performed by the department of transportation, and design and construction work relating to sewers and water mains now performed by the department of environmental protection, and no later than thirty-six months from the effective date of this local law, the department of design and construction shall assume jurisdiction over design and construction work relating to buildings now performed by the department of parks and recreation and design and construction work relating to garages now performed by the department of sanitation.

   b.   Notwithstanding subdivision a of this section, if the mayor, pursuant to subdivision b of section 1202 of the New York city charter, assigns to any agency other than the department of design and construction work described in subdivision a of this section, the mayor shall notify the council at least thirty days prior to the later of (1) the date by which the department of design and construction would otherwise have assumed such jurisdiction pursuant to subdivision a of this section, or (2) the date that the assignment is to take effect.

§ 27. This local law shall take effect thirty days after its enactment into law, provided that:

   (1)   the mayor may confer jurisdiction over pending construction projects or over categories of construction projects to the agency that had jurisdiction over such projects prior to the effective date of this local law to the extent and for the period the mayor deems appropriate except as provided in section twenty-six of this local law;

   (2)   that sections seven, eight, nine and twelve of this local law shall not apply to matters submitted to the art commission prior to the effective date of this local law; and

   (3)   that section ten of this local law shall not apply to matters submitted to a community board prior to the effective date of this local law.