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a. Definitions. As used in this section, the following terms have the following meanings:
Automated external defibrillator. The term "automated external defibrillator" means a medical device, approved by the United States food and drug administration, that: (i) is capable of recognizing the presence or absence in a patient of ventricular fibrillation and rapid ventricular tachycardia; (ii) is capable of determining, without intervention by an individual, whether defibrillation should be performed on a patient; (iii) upon determining that defibrillation should be performed, automatically charges and requests delivery of an electrical impulse to a patient's heart; and (iv) upon action by an individual, delivers an appropriate electrical impulse to a patient's heart to perform defibrillation.
Department. The term "department" means the department of citywide administrative services or any successor of such department.
Training course. The term "training course" means a course approved by a nationally-recognized organization or the state emergency medical services council in the operation of automated external defibrillators.
Youth baseball league. The term "youth baseball league" means a youth league that plays baseball.
Youth league. The term "youth league" means youth recreation sports leagues other than the public school leagues, including school leagues, little leagues, community based organization leagues, and unaffiliated leagues.
Youth recreation. The term "youth recreation" means athletic activity with participants who are all 17 years old or younger, but includes grade school through high school athletic programs regardless of the age of the participants.
Youth softball league. The term "youth softball league" means a youth league that plays softball.
b. Subject to the provision of a sufficient number of automated external defibrillators and training courses by the department pursuant to subdivision c or subdivision k, a youth league provided with an automated external defibrillator pursuant to this section using a field for which the department is the lessor shall:
1. make available an automated external defibrillator at every game and practice occurring at such field in which a team of such league participates; and
2. where practicable, ensure that there is at least one coach, umpire or other qualified adult who is present at each such game and practice who has successfully completed a training course within 24 months of each such game and practice.
c. The department shall provide to youth baseball leagues and youth softball leagues subject to the requirements of subdivision b a sufficient number of automated external defibrillators and training courses at no cost to such leagues. Any defibrillator provided by the department to such a league shall be returned in satisfactory condition at the end of the lease or upon request of such department.
d. The department shall not lease a ballfield to a youth baseball league or a youth softball league unless such lease requires that the lessee comply with subdivision b.
e. Any person who voluntarily and without expectation of monetary compensation renders first aid or emergency treatment using an automated external defibrillator that has been made available pursuant to this section, to a person who is unconscious, ill or injured, and any individual or entity that purchases or makes available an automated external defibrillator as required by this section, is entitled to the limitation of liability provided in section 3000-a of the New York state public health law.
f. Nothing contained in this section imposes any duty or obligation on any person to provide assistance with an automated external defibrillator to a victim of a medical emergency.
g. Nothing contained in this section affects the obligations or liability of emergency health providers pursuant to section 3000-b of the New York state public health law.
h. Any youth league that violates the provisions of subdivision b shall receive a warning for a first violation, and shall be liable for a civil penalty of $500 for each subsequent violation, recoverable in a proceeding before any tribunal established within the office of administrative trials and hearings or within any agency of the city of New York designated to conduct such proceedings. Any youth league provided with a device pursuant to this section that violates the provisions of subdivision c or subdivision k shall be liable for a civil penalty of no more than $2,500 for each automated external defibrillator that is not returned in satisfactory condition, recoverable in a proceeding before any tribunal established within the office of administrative trials and hearings or within any agency of the city of New York designated to conduct such proceedings.
i. The provision of automated external defibrillators and training courses authorized by this section shall be limited to the appropriation of funds available for this program. To the extent the department anticipates that the number of automated external defibrillators and training courses requested by youth baseball leagues and youth softball leagues will exceed the funds available, the department shall provide such defibrillators and training courses authorized by subdivision c on an equitable basis until such funds are exhausted.
j. The commissioner of the department shall promulgate any rules as may be necessary for the purposes of carrying out the provisions of this section.
k. If the department has any undistributed automated external defibrillators remaining after complying with subdivision c of this section, the department may distribute such automated external defibrillators to any other youth league at no cost to such youth league. Any automated external defibrillator so distributed shall be returned in satisfactory condition upon request of the department.
(L.L. 2016/057, 5/10/2016, eff. 1/1/2017; Am. L.L. 2016/104, 8/31/2016, eff. 1/1/2017; Am. L.L. 2018/119, 6/23/2018, eff. 1/1/2019; Am. L.L. 2019/140, 7/27/2019, eff. 1/1/2020)
a. Definitions. As used in this section, the following terms have the following meanings:
City property. The term "city property" means any real property leased or owned by the city that serves a city governmental purpose and over which the city has operational control.
Human services. The term "human services" has the meaning as set forth in subdivision c of section 6-129.
Judicial warrant. The term "judicial warrant" means a warrant issued by a judge appointed pursuant to article III of the United States constitution or a federal magistrate judge appointed pursuant to section 631 of title 28 of the United States code, or any successor provision, or by a court of the state of New York, that authorizes a law enforcement officer to take into custody the person who is the subject of such warrant or to conduct a search or otherwise enter the premises at issue in accordance with the terms of the warrant.
b. Limited access to city property. The city shall not knowingly permit governmental personnel who are empowered to enforce civil or criminal laws, other than personnel of the city, the department of education, or a local public benefit corporation or local public authority, to have access to non-public areas of city property unless:
1. such personnel are authorized to have access pursuant to an agreement, contract, or subcontract;
2. such personnel present a judicial warrant;
3. access is otherwise required by law;
4. such personnel are accessing such property as part of a cooperative arrangement involving city, state, or federal agencies;
5. access furthers the purpose or mission of a city agency; or
6. exigent circumstances exist.
c. Human services contractors and subcontractors. Agencies shall require any contractor having regular contact with the public in the daily administration of human services to apply the requirements of subdivision b to any location, whether or not on city property, where such services are provided under a city contract, whether through such contractors or their subcontractors.
d. Guidelines and rules. Any agency with jurisdiction over city property shall adopt guidelines or rules, as appropriate, to implement this section or, alternatively, the mayor or an office or agency designated by the mayor may adopt guidelines or rules applicable to multiple agencies, in furtherance of the efficient implementation of this section. Any guidelines or rules shall provide for designating an individual at each city agency who shall be responsible for the implementation of this local law and any such guidelines or rules.
e. Posting on city website. The mayor, or an office or agency designated by the mayor, shall ensure that any generalized guidelines or rules, including agency-wide guidelines or rules, regarding limited access to city property are posted on a website maintained by or on behalf of the city.
f. Training. All new or renewed city contracts for security services on city property at which there is regular contact with the public in the daily administration of human services by or on behalf of the city shall contain a provision requiring relevant employees of the security contractor or subcontractor be provided with training on the requirements of this section, at no cost to such employees. Any employees subject to this requirement shall be compensated at their regular rate of compensation for time spent participating in such training, where applicable.
(L.L. 2017/246, 12/17/2017, eff. 4/16/2018)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2017/246.
a. As used in this section:
City-owned building. The term "city-owned building" shall have the meaning ascribed to the term "city building" in section 28-308.1 of the code.
Green energy source. The term "green energy source" means a source of energy that is:
1. A qualified energy resource, as such term is defined in section 45 of title 26 of the United States code in effect on January 1, 2017;
2. A source that is determined to be renewable by the head of an office or agency designated by the mayor; or
3. A source that is determined by such head to have (i) a positive environmental impact or (ii) a substantially lower negative environmental impact than fossil fuel-based energy sources.
Green energy system. The term "green energy system" means a system that generates energy (i) substantially from one or more green energy sources, in accordance with rules promulgated by an office or agency designated by the mayor, or (ii) wholly from one or more green energy sources.
b. 1. On and after January 1, 2050, 100 percent of electricity use by city-owned buildings shall be (i) generated from a green energy system owned or installed by the city or (ii) purchased by the city and generated from a green energy system.
c. Every 10 years after the effective date of the local law that added this section, the commissioner of citywide administrative services shall electronically submit to the mayor and speaker of the council, and make publicly available online, a report concerning the implementation of this section, including, but not limited to, the following:
1. The percentage of electricity used by city-owned buildings that comes from green energy sources;
2. Any difficulties in complying with this section and recommendations for addressing such difficulties;
3. The types of green energy sources utilized for electricity used by city-owned buildings and recommendations for expanding or limiting the definition of green energy sources in this section, if any;
4. The costs attributable to complying with this section; and
5. Reductions in greenhouse gas emissions attributable to complying with this section and any other environmental or electricity-related benefits attributable to such compliance.
d. The mayor shall include in each long-term sustainability plan required by subdivision e of section 20 of the charter a report analyzing subjects including, but not limited to, the following:
1. Compliance with the requirements of this section;
2. The feasibility of using green energy systems for providing building heating and hot water;
3. The amount and percentage of building heating and hot water provided from green energy systems;
4. The types of green energy sources currently being used to provide building heating and hot water and the limitations to expanding these sources to additional buildings;
5. Identification of building heating and hot water systems or technologies using green energy systems, the current limitations of building heating and hot water systems or technologies and a timeline for when such systems or technologies may be commercially viable for installation in city-owned buildings;
6. The costs associated with providing building heating and hot water from green energy systems;
7. The risks associated with providing building heating and hot water from green energy systems; and
8. Reductions in greenhouse gases and any other environmental or energy benefits associated with providing building heating and hot water from green energy systems.
(L.L. 2018/107, 5/26/2018, eff. 5/26/2018)
a. There shall be an interagency task force to review relevant city real estate transactions to identify opportunities for potential school sites. Such task force shall also review city-owned buildings, city-owned property and vacant land within the city to evaluate potential opportunities for new school construction or leasing for school use.
b. The task force shall consist of the members specified in this subdivision, or their designees:
1. The chancellor of the city school district of the city of New York;
2. The commissioner of citywide administrative services;
3. The director of city planning;
4. The commissioner of housing and preservation development;
5. The speaker of the council; and
6. The president and chief executive officer of the New York city school construction authority, and the president or chief executive officer of a local development corporation or other not-for-profit corporation, a majority of whose members are appointed by the mayor, that contracts with the city to provide or administer economic development benefits on behalf of the city, may participate in the task force as members at the invitation of the mayor and the speaker.
c. One member shall be designated as chairperson by the mayor after consultation with the speaker.
d. The task force shall consult with agencies or offices with jurisdiction over environmental and planning concerns as appropriate, and may consult with interested members of the public, including but not limited to parents of students currently enrolled in the city school district of the city of New York.
e. No later than July 31, 2019, the task force shall submit a report to the mayor, the speaker, the chancellor of the city school district of the city of New York and the president and chief executive officer of the New York city school construction authority on the results of its review pursuant to this section. Such report shall be updated thereafter as necessary, as determined by the task force.
(L.L. 2018/168, 10/13/2018, eff. 10/13/2018)
a. Definitions. For the purposes of this section, the term "department" means the department of citywide administrative services.
b. Within 30 days of a determination by the department that city-owned or leased property with a lot size of at least 20,000 square feet has no current use, the department shall provide written notice to the department of education and the New York city school construction authority, which notice shall include the information required by subdivision a of section 4-208, to the extent such information is available.
(L.L. 2018/166, 10/13/2018, eff. 10/13/2018)
a. Definitions. For the purposes of this section, the following terms have the following meanings:
City development project. The term "city development project" means a project undertaken by an agency, a city economic development entity, or by a party in contract with the city, for the purpose of improvement or development of real property, including, but not limited to, street, road and sewer improvements and maintenance.
City economic development entity. The term "city economic development entity" means an entity that provides or administers economic development benefits under contract with the department of small business services.
Hazardous level of lead in soil. The term "hazardous level of lead in soil" means soil containing a lead level of five parts per million or above as determined by the toxicity characteristic leaching procedure as defined in subpart C of part 261 of subchapter I of chapter I of title 40 of the code of federal regulations or any subsequent provisions.
b. Within five business days of discovering or becoming aware of a hazardous level of lead in soil as a result of an environmental subsurface investigation in any city development project that will expose such soil as part of the project, the agency or city economic development entity that is supervising a capital project shall:
1. Notify the community board and the council member in whose district the city development project is located of such results;
2. Post such results within the appropriate website; and
3. Develop air monitoring instructions for all relevant parties in contract with the city, including a community air monitoring plan that complies with all applicable local, state and federal guidance documents.
(L.L. 2019/072, 4/14/2019, eff. 10/11/2019)
a. With respect to the location that is known as Rikers Island:
1. By no later than July 1, 2021, and every six months thereafter until charge and control over the entirety of Rikers Island has been transferred pursuant to this section, the mayor shall transfer charge over every portion of Rikers Island that the mayor determines is not in active use for the housing of incarcerated persons, or in active use for the providing of direct services to such persons, such as medical care, training, storage, employment training and services, re-entry services, educational services, visitation, legal services, or administrative hearings, to the charge of the commissioner of citywide administrative services. For the purposes of this paragraph, the use of each building, facility, and structure, as well as the use of every piece of unimproved land greater than 20,000 square feet, shall be evaluated. By no later than August 31, 2027, all portions of Rikers Island shall be fully transferred and under the charge and control of the commissioner of citywide administrative services and shall no longer be used by the department of correction for the housing of incarcerated persons;
2. Upon the transfer of any portion of Rikers Island pursuant to this section, the commissioner of citywide administrative services shall have charge over the portion of land transferred, including all buildings, structures, facilities, and property located thereon, with all of the powers and duties, with respect to such real property, buildings, structures, facilities, and property, as described in chapter 35 of the charter. The commissioner of citywide administrative services shall notify the Rikers Island advisory committee, established pursuant to subdivision b of this section, of each such transfer within 30 days of such transfer;
3. Until the entirety of Rikers Island is transferred to, and under the charge and control of, the commissioner of citywide administrative services, maintenance and operation of any portion of Rikers Island transferred to the charge of the commissioner of citywide administrative services shall be subject to guidelines agreed upon by the departments of correction and citywide administrative services, provided that such guidelines shall not be established or exercised so as to prohibit the commissioner of citywide administrative services' access to, or the productive use of, portions of Rikers Island under the charge of the commissioner of citywide administrative services;
4. The commissioner of citywide administrative services shall, in communication with the Rikers Island advisory committee, have the authority to plan and coordinate the actions of city agencies with respect to prospective uses of Rikers Island for sustainability and resiliency purposes, including but not limited to renewable energy generation and storage, wastewater treatment, and organic waste processing, provided that such planning shall include consideration of whether the use of existing structures would best contribute to environmental or sustainability goals; and
5. Prior to August 31, 2027 or the date by which Rikers Island is fully transferred pursuant to paragraph 1 of this subdivision, whichever comes first, any portions of Rikers Island still in active use by the department of correction, as described in paragraph 1 of this subdivision, shall remain under the jurisdiction of the commissioner of correction pursuant to section 624 of the charter, and the care, custody and control of persons therein shall remain under the care and management of such commissioner pursuant to section 623 of the charter.
b. Rikers Island advisory committee.
1. There shall be established a Rikers Island advisory committee, which shall consist of 15 members, as follows: the commissioner of citywide administrative services or such commissioner's designee, the commissioner of environmental protection or such commissioner's designee, the commissioner of parks and recreation or such commissioner's designee, the commissioner of sanitation or such commissioner's designee, the commissioner of buildings or such commissioner's designee, the director of long-term planning and sustainability or such director's designee, two members appointed by the mayor, and seven members appointed by the speaker of the council. No less than four of the nine members appointed by the mayor and the speaker of the council shall be persons who have been impacted directly by incarceration on Rikers Island, provided that not less than two of such four members shall be persons who were in custody at a facility on Rikers Island and the remainder of whom may be persons whose immediate family members were in custody at a facility on Rikers Island. No less than three of the nine members appointed by the mayor and the speaker of the council shall be persons with an expertise in environmental justice or sustainability. The nine members appointed by the mayor and speaker of the council should represent the geographic diversity of communities impacted by incarceration on Rikers Island or environmental justice communities. The commissioner of citywide administrative services shall serve as chairperson of the committee. The commissioner of correction, or such commissioner's designee, may participate as a non-voting member in the meetings of the advisory committee, for the purpose of providing operational information, up to and until August 31, 2027, or the date by which Rikers Island is fully transferred, whichever comes first. Members shall serve without compensation.
2. No later than 180 days after the effective date of this subdivision, the Rikers Island advisory committee shall hold its initial meeting, and thereafter shall meet at least quarterly, to evaluate and make recommendations regarding prospective uses of Rikers Island, both with regard to those portions of Rikers Island transferred to the commissioner of citywide administrative services pursuant to paragraph 1 of subdivision a of this section and with regard to the entirety of Rikers Island, for sustainability and resiliency purposes, including but not limited to renewable energy, wastewater treatment, organics removal, organic waste processing, and other purposes conforming to section 24-803 of this code. Such evaluations shall consider the potentially beneficial uses of existing buildings, structures, and facilities.
3. The advisory committee may make recommendations on prospective uses to the mayor and the speaker of the council at any time after the date of its initial meeting. Additionally, no later than three years after the date of its initial meeting, the advisory committee shall submit recommendations to the mayor and the speaker of the council regarding prospective uses of Rikers Island that shall include no less than three options that the committee recommends be considered for further study or possible implementation.
(L.L. 2021/016, 2/25/2021, eff. 2/25/2021)
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