L.L. 2023/113

Enactment date: 8/13/2023

Int. No. 645-B

By The Speaker (Council Member Adams) and Council Members Louis, Brewer, Sanchez, Restler, Won, Hanif, Farías, Narcisse, Avilés, Brooks-Powers, Dinowitz, Rivera and Joseph

A Local Law to amend the administrative code of the city of New York, in relation to civil service examinations for justice-involved individuals

Be it enacted by the Council as follows:

* * *

[Consolidated provisions are not included in this Appendix A]

* * *

§ 4. This local law takes effect 180 days after it becomes law, except that subdivision a of section 9-164, as added by section one of this local law, shall apply only to individuals incarcerated in city correctional facilities after the city correctional facilities located on Rikers Island are no longer in active use for the housing of incarcerated individuals.

L.L. 2023/114

Enactment date: 8/13/2023

Int. No. 853-A

By Council Members Ariola and Borelli

A Local Law in relation to installing intermediate reference location signs on designated sections of Cross Bay Boulevard, Beach Channel Drive, and Rockaway Point Boulevard

Be it enacted by the Council as follows:

Section 1. Definitions. For purposes of this local law, the term “intermediate reference location sign” means a sign showing a decimal integer distance point at one tenth of a mile intervals along a highway or other road as described in the Manual on Uniform Traffic Control Devices for Streets and Highways published by the federal highway administration.

§ 2. Intermediate reference location sign placement. Within 1 year of the enactment of this local law, the department of transportation, in consultation with the police department and the fire department, shall install intermediate reference location signs at one tenth of a mile intervals, where feasible, along the following designated routes:

   a.   Cross Bay boulevard from the southern terminus of the Joseph P. Addabbo memorial bridge to East 1st road;

   b.   Beach Channel drive and Beach Channel drive circle from the southern terminus of the Marine Parkway bridge to Beach 144th street; and

   c.   Rockaway Point boulevard from the southern terminus of the Marine Parkway bridge to Beach 201st street.

§ 3. This local law takes effect immediately.

L.L. 2023/118

Enactment date: 8/13/2023

Int. No. 1021-A

By Council Members Powers, Lee, Bottcher, Schulman, Rivera, Riley, Louis, Restler, Hudson, Ayala, Holden, Ung, Joseph, Abreu, Farías, Nurse, Cabán, Brewer, Avilés, Sanchez, Narcisse, Velazquez, Gutiérrez, Krishnan, Hanif, Brooks-Powers, Gennaro, De La Rosa, Dinowitz, Marte, Won, Richardson Jordan, Feliz, Salamanca and Mealy (in conjunction with the Manhattan and Brooklyn Borough Presidents)

A Local Law in relation to establishing crisis respite centers

Be it enacted by the Council as follows:

Section 1. Crisis respite centers.

   a.   Definitions. For purposes of this section, the term “crisis respite center” means a community-based facility that is designed as an alternative to hospitalization for individuals in times of psychiatric crisis; offers voluntary, temporary stays; and provides access to peer support groups, psychoeducation, self-advocacy education, self-help training, and referrals to behavioral health professionals.

   b.   The mayor shall establish and maintain at least 4 new crisis respite centers, at least 2 of which shall be operational within 24 months after the effective date of this local law, and the remainder of which shall be operational within 36 months after the effective date of this local law. In establishing such centers, the mayor shall make best efforts to prioritize sites that can be converted or renovated into such centers.

   c.   No later than 6 months after the effective date of this local law, and quarterly thereafter until all crisis respite centers required by subdivision b of this section are operational, the mayor shall submit a report to the speaker of the council detailing the progress the mayor has made in securing sites for crisis respite centers and shall provide an update on the timeline for opening such centers as required by this local law.

§ 2. This local law takes effect immediately.

L.L. 2023/119

Enactment date: 8/13/2023

Int. No. 1022-A

By Council Members Riley, Lee, Powers, Rivera, Louis, Hanif, Hudson, Ayala, Holden, Ung, Joseph, Abreu, Brewer, Avilés, Sanchez, Narcisse, Velázquez, Gutiérrez, Krishnan, Brooks-Powers, Schulman, Cabán, Gennaro, De La Rosa, Bottcher, Dinowitz, Marte, Won, Feliz and Mealy (in conjunction with the Brooklyn Borough President)

A Local Law in relation to establishing clubhouses for individuals with serious mental illness

Be it enacted by the Council as follows:

Section 1. Clubhouses for individuals with serious mental illness.

   a.   Definitions. For purposes of this local law, the following terms have the following meanings:

      Clubhouse. The term “clubhouse” means a community-based facility designed to support individuals with serious mental illness in a non-residential setting that provides wraparound services and opportunities for social connection for such individuals, including group activities and programming, job readiness skills and transitional employment opportunities, educational opportunities, and peer support, and that connects such individuals to medical and mental health providers.

      Serious mental illness. The term “serious mental illness” means one or more mental, behavioral, or emotional conditions that significantly impair an individual’s ability to function in daily life, including, but not limited to, schizophrenia; mood disorders, such as bipolar or major depressive disorder; anxiety disorders; or post-traumatic stress disorder.

   b.   Establishment. The mayor shall establish and maintain at least 5 new clubhouses, all of which shall be operational no later than December 1, 2025. On or before such date, the mayor shall conspicuously post on the website of any mayoral agency that provides or coordinates mental health services, including, but not limited, to the department of health and mental hygiene and mayor’s office of community mental health, a list of the clubhouse locations established pursuant to this local law.

   c.   Reports. Every 6 months after the effective date of this local law, and until all new clubhouses required by subdivision b of this section are operational, the mayor shall submit a progress report to the speaker of the council regarding the establishment of such clubhouses. No later than December 1, 2026, the mayor shall submit a report to the speaker of the council that includes the cost of operating such clubhouses, an analysis of the impact and effectiveness of such clubhouses, and any other information or recommendations the mayor deems relevant.

§ 2. This local law takes effect immediately.

L.L. 2023/121

Enactment date: 8/16/2023

Int. No. 31-C

By Council Members Velázquez, Powers, Menin, Brannan, Riley, Feliz, Brooks-Powers, Hanks, Gennaro, Krishnan and Abreu (by request of the Mayor)

A Local Law to amend the New York city charter and the administrative code of the city of New York, in relation to granting licenses and revocable consents for sidewalk cafes and roadway cafes, to repeal subchapter 6 of chapter 2 of title 20 of such administrative code, relating to granting licenses and revocable consents for sidewalk cafes, to amend section 2 of local law number 114 for the year 2020, relating to the establishment of a permanent outdoor dining program, in relation to the commencement of such program, and to amend section 1 of local law number 77 for the year 2020, relating to establishing a temporary outdoor dining program, in relation to the expiration of such program

Be it enacted by the Council as follows:

* * *

[Consolidated provisions are not included in this Appendix A]

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§ 8. Subdivision b of section 2 of local law number 114 for the year 2020 is amended to read as follows:

   b.   [By September 30, 2021, the] The department of transportation [and any other agency designated by the mayor] shall establish a permanent open restaurants program to succeed the temporary program established by local law number 77 for the year 2020[, provided that any additional legislation necessary to authorize such program has been enacted]. Such program shall include but not be limited to the following elements:

      1.   The use of roadway seating for outdoor dining; and

      2.   [The use of a pedestrian plaza, or other public outdoor location for outdoor dining; and

      3.]   Accessibility for people with disabilities in compliance with applicable federal, state and local law.

§ 9. Subdivision f of section 1 of local law number 77 for the year 2020, as amended by local law number 114 for the year 2020, is amended to read as follows:

   f.   Expiration. The outdoor restaurants program established pursuant to this local law shall remain in effect until [September 30, 2021] section 6 of a local law for the year 2023 amending the New York city charter and the administrative code of the city of New York, relating to a permanent outdoor dining program, as proposed in introduction number 31-C, takes effect.

§ 10. Any restaurant operating outdoor dining pursuant to emergency executive order number 126, dated June 18, 2020, as amended, continued or superseded by subsequent executive orders, may continue in operation after the effective date of this section without the license and consent of the commissioner of transportation required by sections 19-160, 19-160.1 and 19-160.2 of the administrative code of the city New York, as added by section six of this local law, pending the granting of any such license and consent, provided that such restaurant submits a petition for such consent on or before a date set forth in the rules of the department of transportation regarding the application for such consent, and such petition has not been denied. Such date shall be within a reasonable period of time, but not less than three months, after the effective date of such rules.

§ 11. Any restaurant that had operated outdoor dining pursuant to emergency executive order number 126, dated June 18, 2020, as amended and continued by subsequent executive orders, whose outdoor dining is located within or adjacent to a structure that does not comply with rules of the department of transportation relating to the design of roadway cafes and sidewalk cafes shall remove such structure no later than 30 days after the determination of the department to grant or deny such revocable consent for such sidewalk cafe or roadway cafe. Notwithstanding the preceding sentence, all such structures shall be removed no later than November 1, 2024.

§ 12. Interagency cooperation. Agencies including, but not limited to, the department of sanitation, the police department, the department of health and mental hygiene, and the department of homeless services, shall cooperate with the department of transportation in the enforcement of this local law and any rules adopted by the department of transportation pursuant to this local law. Further, the department of transportation shall consult with agencies, commissions and offices including, but not limited to, the department of consumer and worker protection, the department of city planning, the department of environmental protection, the department of buildings, the department of design and construction, the department of health and mental hygiene, the department of parks and recreation, the department of sanitation, the fire department, the department of small business services, the landmarks preservation commission, the art commission, the office of emergency management, the mayor’s office of media and entertainment, the mayor’s office of people with disabilities, and the mayor’s office of citywide event coordination and management, with respect to the adoption of such rules, as well as outreach and education targeted at food service establishments throughout the city in relation to the process for obtaining a license and revocable consent for sidewalk and roadway cafes, as well as relevant deadlines pertaining to application submissions and removal of any street furniture or materials in violation of rules promulgated pursuant to this local law. Such outreach and education shall be made available in the 6 most commonly spoken languages in the city pursuant to city planning.

§ 13. Map. Within 12 months of the effective date of section 19-160 of the administrative code of the city of New York, as added by section six of this local law, the department of transportation shall develop a map on its website that shows the location and name of each restaurant that has obtained a license and revocable consent to operate a sidewalk cafe or a roadway cafe; a copy of the drawing required to be submitted with the petition for a revocable consent for a roadway cafe pursuant to the rules of the department; a copy of the drawing required to be submitted with the petition for a revocable consent for a sidewalk cafe pursuant to subdivision a of section 19-160.2 of the administrative code of the city of New York, as added by section six of this local law, and a history of any inspections of such sidewalk cafe or roadway cafe by such department.

§ 14. Annual report. Within 12 months of the effective date of section 19-160 of the administrative code of the city of New York, as added by section six of this local law, and annually thereafter for 4 years, the department of transportation shall submit to the mayor and to the speaker of the council a report. Such report shall specify the total number of sidewalk cafes and roadway cafes licensed by such department, disaggregated by borough, and the total number of inspections performed and summonses issued by such department in the preceding 12-month period.

§ 15. Task force. The department of transportation shall convene a working group task force to facilitate the transition of authority from the department of consumer and worker protection to the department of transportation for the granting of licenses and revocable consents for sidewalk cafes. Such task force shall consist of members of the department of transportation, the department of consumer and worker protection, and the department of city planning, as designated by the commissioner of each such department. Such task force shall hold its first meeting no later than 30 days after the effective date of this section, and shall thereafter meet no less than quarterly until March 31, 2025, after which date it shall be disbanded. Such task force shall consult with representatives of the restaurant industry and other interested community groups.

§ 16. Any agency or officer to which are assigned by or pursuant to 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.

§ 17. Any rule or regulation in force on the effective date of this section, and promulgated by an agency or officer whose power to promulgate such type of rule or regulation is assigned by or pursuant to 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.

§ 18. 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.

§ 19. No action or proceeding, civil or criminal, pending at the time when section 19-160 of the administrative code of the city of New York, as added by section six of this local law, takes 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.

§ 20. Any license or revocable consent granted pursuant to a provision of the administrative code repealed by section seven of this local law in force on the effective date of such section shall continue in force in accordance with its terms and conditions until it expires or is suspended or revoked by the appropriate agency or officer pursuant to this local law. Such license or revocable consent shall be renewable in accordance with the applicable law by the agency or officer with such power pursuant to this local law.

§ 21. This local law shall apply to all licenses, permits or other authorizations in force as of the effective date of this section.

§ 22. This local law takes effect as follows:

   (i)   Sections one through seven of this local law take effect 160 days after it becomes law, or upon the expiration of emergency executive order number 126, dated June 18, 2020, as amended, continued or superseded by subsequent executive orders, whichever is earlier*, provided, however, that the department of transportation may adopt rules relating to applications for licenses and revocable consents pursuant to such sections which may take effect prior to such date. Upon the determination of the effective date of sections one through seven of this local law, the commissioner of transportation shall notify the corporation counsel, who shall notify the New York state legislative bill drafting commission, in order that the commission may maintain an accurate and timely effective database of the official text of the New York city charter and administrative code of the city of New York in furtherance of effectuating the provisions of section 70-b of the public officers law, and the corporation counsel shall notify relevant publishers in furtherance of effectuating the provisions of section 7-111 of the administrative code, provided that failure to provide the notifications described in this section shall not affect the effective date of any section of this local law; and

   (ii)   Sections eight through twenty-one of this local law take effect immediately.

* Editor's note: emergency executive order number 126 expired on June 20, 2023.

L.L. 2023/131

Enactment date: 10/15/2023

Int. No. 949-A

By Council Members Powers, Brewer, Gutiérrez, Feliz, Velázquez, Cabán, Louis, Abreu, Hanif, De La Rosa, Restler, Hudson, Brannan, Menin, Brooks-Powers, Narcisse, Gennaro, Williams, Salamanca, Krishnan, Hanks, Holden, Ayala, Ung, Riley, Avilés, Nurse, Schulman, Marte, Farías, Rivera, Bottcher, Won, Dinowitz, Mealy, Paladino, Vernikov, Kagan and the Public Advocate (Mr. Williams) (in conjunction with the Brooklyn Borough President)

A Local Law in relation to the establishment of a trade-in program for powered mobility devices and lithium-ion batteries used in powered mobility devices, and to provide for the repeal of such local law upon the expiration thereof

Be it enacted by the Council as follows:

Section 1.

   a.   Definitions. For purposes of this section, the following terms have the following meanings:

      Eligible device. The term “eligible device” means a powered mobility device or lithium-ion battery that does not meet the requirements for sale contained in section 20-610 of the administrative code of the city of New York, a motorized scooter as defined in subdivision a of section 19-176.2 of the administrative code of the city of New York, or a limited use motorcycle as defined in section 121-b of the vehicle and traffic law.

      Lithium-ion battery. The term “lithium-ion battery” means a storage battery in which an electrical current is generated by lithium ions embedded in a carbon graphite or nickel metal-oxide substrate placed in a high-viscosity carbonate mixture or gelled polymer electrolyte.

      Powered bicycle. The term “powered bicycle” means a class one bicycle with electric assist or a class two bicycle with electric assist, as such terms are defined in section 102-c of the vehicle and traffic law.

      Powered mobility device. The term “powered mobility device” means a powered bicycle or an electric scooter as defined in section 114-e of the vehicle and traffic law.

   b.   An office or agency designated by the mayor shall establish a program to provide new powered mobility devices or lithium-ion batteries that meet the requirements for sale contained in section 20-610 of the administrative code of the city of New York, at reduced cost or no cost, to natural persons who trade in an eligible device and who satisfy the requirements for eligibility set forth in rules promulgated by such office or agency designated by the mayor. A natural person participating in such trade-in program shall be limited to receiving no more than 1 powered mobility device and no more than 2 lithium-ion batteries, and shall be prohibited from reselling such device or batteries for a period of 1 year after receipt of such device or batteries.

   c.   The office or agency designated by the mayor pursuant to subdivision b of this section shall promulgate rules establishing: (i) eligibility requirements to participate in the program established pursuant to subdivision b of this section, which may include, but need not be limited to, the income level or occupation of applicants; and (ii) the amount of cost reduction provided for the powered mobility devices and lithium-ion batteries.

   d.   The office or agency designated by the mayor pursuant to subdivision b of this section shall conduct and engage in an outreach campaign regarding the trade-in program, including but not limited to outreach targeting food delivery workers regarding such program. Such outreach shall be conducted in English, the designated citywide languages as defined in section 23-1101 of the administrative code of the city of New York, and any additional languages as determined by the head of the office or agency designated by the mayor pursuant to subdivision b of this section.

§ 2. This local law takes effect 90 days after it becomes law and expires and is deemed repealed on September 1, 2025.

L.L. 2023/132

Enactment date: 10/15/2023

Int. No. 962-A

By Council Members Brooks-Powers, Louis, Schulman, Hudson, Ayala, Abreu, Riley, Krishnan, Brewer, Lee, Velázquez, Hanif, Gutiérrez, Dinowitz, Hanks, Farías, Rivera, Narcisse, Won, Joseph, Mealy, Kagan and the Public Advocate (Mr. Williams)

A Local Law to amend the administrative code of the city of New York, in relation to public swimming pool assessment and location survey and swimming lessons offered by the department of parks and recreation

Be it enacted by the Council as follows:

* * *

[Consolidated provisions are not included in this Appendix A]

* * *

§ 2. An agency or office designated by the mayor, in consultation with the department of parks and recreation and the department of education, shall develop a report concerning the feasibility of providing public access to suitable swimming pool facilities located in property under the control of the department of education buildings when school is not in session or such facilities are not being used for a school-related purpose. The designated agency or office shall submit such report to the mayor and the speaker of the council by no later than October 1, 2024.

§ 3. This local law takes effect 90 days after it becomes law.