L.L. 1989/039

Enactment date: 6/28/1989

Int. No. 977-B

By Council Member Leffler; also Council Members Alter, Castaneira-Colon, Dryfoos, Friedlander, Greitzer, Harrison, Lisa, Maloney, McCaffrey, Messinger, Michels, Pinkett, Rivera and Eisland

A Local Law to amend the administrative code of the city of New York in relation to prohibiting privately-operated apartment building incinerators

Be it enacted by the Council as follows:

Section one. Declaration of legislative intent and findings. In the 1960's and 1970's, the council enacted legislation regulating the operation of existing privately-operated incinerators and prohibiting the installation of any additional privately-operated incinerators. The approximately 2500 incinerators that are now operating in apartment buildings, account for nearly all the privately-operated incinerators currently in use in the city. The council finds that these incinerators continue to pose a severe threat to the health, safety, welfare and comfort of New Yorkers. Reliable scientific evidence establishes that because nearly all these incinerators lack effective emissions and/or combustion controls, they emit unacceptable levels of various toxic gases and substances, including particulates, heavy metals, acid gases, dioxins and furans. These incinerators are operated by personnel who lack adequate training in the principles of combustion and who are incapable of effectively monitoring and controlling the operation of the incinerator. As a result, combustion efficiencies are often low, causing incomplete burning and the creation of polluting by-products. Moreover, because these incinerators' stacks rise only ten to fifteen feet above roof level, emissions are poorly dispersed. Finally, these incinerators are not equipped with state-of-the-art pollution control devices to control the wide-range of pollutants that may be emitted.

The council finds that with the institution of the mandatory citywide recycling program and the resource recovery program, the elimination of privately-operated incinerators will not overburden the city's solid waste disposal system. Moreover, the elimination of these facilities is not intended to result in a reduction of services requiring a rent reduction under the rent and rehabilitation law or the rent stabilization law. Accordingly, in order to protect the health and welfare of the public, the council finds it appropriate to ban all existing privately-operated incinerators.

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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 upon its enactment into law.

L.L. 1989/041

Enactment date: 6/28/1989

Int. No. 1235-A

By Council Member Friedlander and the Vice Chairman (Council Member Vallone); also Council Members Gerges, O'Donovan, Ward, Povman, McCaffrey and Williams

A Local Law in relation to a square name, Pierre Toussaint Square, Borough of Manhattan

Be it enacted by the Council as follows:

Section 1. The following square name is hereby designated as hereafter indicated.

 

New Name	Present Name	Limits
Pierre Toussaint Square	none	the intersection of Church and Barclay Streets

 

§ 2. This local law shall take effect immediately.

L.L. 1989/042

Enactment date: 6/28/1989

Int. No. 1248-A

By Council Member Katzman (by request of the Mayor) (Passed under a message of necessity by the Mayor)

A Local Law to amend the New York City charter, in relation to the city administrative procedure act and to make other related corrections

Be it enacted by the Council as follows:

Section 1. Declaration of legislative intent. This bill proposes to revise provisions of the charter adopted by the voters at referendum in November of nineteen hundred eighty-eight. The proposed revisions of primary significance contained in this bill are certain extensions in time provided, one to delay for one year the effective date of a charter provision requiring a defined process in the conduct of adjudications by the city, another to delay for one year the date by which the corporation counsel is required to publish the Compilation of city rules with a related delay in a City Record publishing of a list of rules to be included in such Compilation. The extensions in time contained in this bill are intended to be limited to one year only and no further extensions are contemplated.

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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.

L.L. 1989/043

Enactment date: 7/7/1989

Int. No. 1244

By Council Member Berman; also Council Members Castaneira-Colon, Dear, Gerges, O'Donovan, Robles, Williams and Wooten

A Local Law in relation to a playground name, Virginia T. Flanagan Playground, Borough of Brooklyn

Be it enacted by the Council as follows:

Section 1. The following playground name is hereby indicated.

 

New Name	Present Name	Limits
Virginia T. Flanagan Playground	(none)	an existing playground beginning at a point approximately 250 feet north of Avenue T, on the east side of East 71st Street. The Playground is rectangular in shape and adjacent to the rear of the existing school, running northerly 155 feet along the east side of East 71st Street, turning 90 degrees easterly 252 feet

 

§ 2. This local law shall take effect immediately.

L.L. 1989/044

Enactment date: 7/7/1989

Int. No. 1254-A

By Council Member Williams; also Council Member Castaneira-Colon, Horwitz, Wooten and Michels (Passed under a message of necessity from the Mayor)

A Local Law to amend section three of local law number eighteen for the year nineteen hundred eighty-nine, in relation to the creation of a department of youth services, and to repeal chapter two of title nine of the administrative code of the city of New York

Be it enacted by the Council as follows:

Section 1. Section three of local law number eighteen for the year nineteen hundred eighty-nine is amended to read as follows:

§ 3.   a.   Wherever by any provision of this local law there are functions, powers or duties assigned to the department of youth services or any of its officers or employees which have been heretofore exercised by any other agency, officer or employee, all officers and employees in the classified municipal civil service who at the time when such provisions shall take effect are engaged in the performance of such functions, powers or duties shall be transferred to the department of youth services to which such functions, powers or duties are assigned by this chapter, without examination and without affecting existing compensation or pension or retirement rights, privileges or obligations of such officers and employees.

   b.   The department of youth services, the interagency coordinating council, and any officer or employee thereof shall continue to exercise those functions, powers and duties assigned pursuant to this local law which had heretofore been exercised by another agency or officer and shall be authorized to continue any business, proceeding or other matter commenced by such agency or officer. The department of youth services and the interagency coordinating council shall be bound by the provisions of any law, rule, regulation, contract, grant or other document relating to the subject matter of such functions, powers and duties applicable to the agency or officer formerly exercising the same in so far as they are not inconsistent with the provisions of this local law.

   c.   All rules and regulations of an agency or officer whose functions, powers and duties are transferred by this local law to the department of youth services, the interagency coordinating council or any officer or employee thereof, shall continue as the rules of the department of youth services, the coordinating council or any officer thereof, provided however that such department, council, officer or may hereafter duly amend, supersede, or repeal such rules and regulations.

   d.   All records, property and equipment whatsoever of any agency or part thereof, whose functions, powers and duties are assigned by this local law to the department of youth services or the interagency coordinating council, shall be transferred and delivered to such department or council. If a portion of the functions, powers and duties of any agency or part thereof is by this local law assigned to another agency, all records, property and equipment relating thereto shall be transferred and delivered to the agency to which such functions, powers and duties are so assigned.

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[Consolidated provisions are not included in this Appendix A]

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§ 3. This local law shall take effect on August twelfth, nineteen hundred eighty-nine.