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* Editor's note: there are two sections designated as § 3-123.
a. Anonymous survey of migrants. No later than October 31, 2024, a mayoral office or agency to be designated by the mayor, in coordination with the mayor’s office of immigrant affairs and any other mayoral office or agency designated by the mayor, shall develop a health survey of migrants, including specifically those who have arrived recently and those who seek asylum. The survey shall be anonymous and shall elicit information related to, but not limited to, long-term health needs, chronic conditions, and healthcare access needs of such migrants.
b. No later than November 1, 2024, and annually thereafter, the office or agency designated by the mayor under subdivision a of this section shall provide to case managers and onsite staff such survey so they may provide it to migrants seeking assistance in City-operated locations including, but not limited to, humanitarian emergency response and relief centers, emergency shelters, respite centers, and asylum seeker resource navigation centers. Such survey shall be offered in English, the designated citywide languages, and temporary languages. The results of the survey shall be provided to the commissioner of the office or agency designated by the mayor upon completion no later than May 31, 2025.
c. No later than September 30, 2025, and annually thereafter, the commissioner of the office or agency designated by the mayor under subdivision a of this section shall submit to the mayor and the speaker of the council and shall post conspicuously on the department’s website a report regarding but not limited to long-term health needs, chronic conditions, and healthcare access needs of the migrants surveyed pursuant to subdivision b of this section. The report shall set forth the aggregated information captured in the results of the survey described in subdivision a of this section, recommend ways to identify and anticipate health needs of migrants, including specifically those who have arrived recently and those who seek asylum, and include a data dictionary.
(L.L. 2024/074, 7/6/2024, eff. 8/5/2024)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2024/074.
Subchapter 2: Office of Long-Term Planning and Sustainability
a. No later than September first, two thousand twelve, and no later than every September first thereafter, the office of long-term planning and sustainability shall prepare and submit to the mayor and the speaker of the city council a report regarding the production, processing, distribution and consumption of food in and for the city of New York during the previous fiscal year. Such report shall include:
1. the number, size in acres, county and type of production of, and annual dollar amount of city financial support received by, farms participating in the watershed agricultural program;
2. the total dollar amount of expenditures by the department of education on milk and other food products that are subject to the United States department of agriculture country of origin labeling requirements, disaggregated and sorted by the product and country of origin in which the essential components of such food products were grown, agriculturally produced and harvested, to the extent such information is reported to the department of education. For any such product where there are multiple countries of origin, the total dollar amount of expenditures, disaggregated by product, shall be separately listed, to the extent such information is reported to the department of education. If the country of origin of milk or fresh whole produce is the United States, for the report due no later than September first, two thousand thirteen, and in every report thereafter, and to the extent such information is reported to the department of education, such report shall include the total dollar amount of expenditures on such milk or fresh whole produce that is local or regional. For purposes of this paragraph, milk or fresh whole produce shall be considered "local" if grown, agriculturally produced and harvested within New York state, and shall be considered "regional" if such food products were grown, agriculturally produced and harvested within the states of Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, Ohio, Pennsylvania, Rhode Island, Vermont, Virginia or West Virginia;
3. the location, sorted by community board and size in square feet, of each community garden located on city-owned property that is registered with and licensed by the department of parks and recreation, and whether each such garden engages in food production;
4. the number of food manufacturers receiving monetary benefits from the economic development corporation or industrial development agency and the annual dollar amount of such benefits per food manufacturer. For purposes of this paragraph, "food manufacturer" shall mean any natural person, partnership, corporation or other association that processes or fabricates food products from raw materials for commercial purposes, provided that it shall not include any establishment engaged solely in the warehousing, distribution or retail sale of products;
5. the daily number of truck and rail trips to or through Hunts Point Market for the purpose of delivering food to Hunts Point Market, to the extent such information is available. For purposes of this paragraph, "Hunts Point Market" shall mean the food distribution center located in Hunts Point in the borough of the Bronx, and shall include the meat, fish and produce markets operating at such location;
6. for the report due no later than September first, two thousand thirteen, and in every fifth report thereafter, the amount of grocery store space per capita, sorted by community board, and the number of grocery stores that opened during the past five calendar years, sorted by community board, to the extent such information is available. The office of long-term planning and sustainability shall request such information, as necessary, from the New York state department of agriculture and markets;
7. the number, community board, and number of employees, of grocery stores receiving financial benefits under the food retail expansion to support health program;
8. the number of establishments participating in the healthy bodega initiative administered by the department of health and mental hygiene, sorted by borough;
9. the number of job training programs administered by the department of small businesses services or the workforce investment board to aid individuals seeking work in food manufacturing, food supply, food service or related industries, sorted by borough;
10. the total number of meals served by city agencies or their contractors, including but not limited to meals served in public schools, hospitals, senior centers, correctional facilities, and homeless shelters, and not including food sold in vending machines or by a concessionaire, sorted by agency;
11. for each required city agency food standard developed pursuant to executive order number one hundred twenty-two, dated September nineteenth, two thousand eight, the total number of programs or other relevant entities that purchase, prepare or serve meals, not including food sold in vending machines or by a concessionaire, that are in full compliance with each such standard and the total number that are not in full compliance with each such standard, sorted by agency;
12. the number of and amount of annual revenue earned from vending machines located in facilities operated by the department of education;
13. the number of persons sixty-five years or older receiving benefits through the supplemental nutritional assistance program ("SNAP") administered by the United States department of agriculture;
14. the number and description of, and dollar amount spent by, the human resources administration on SNAP outreach programs;
15. the number and description of, and dollar amount spent on, nutrition education programs administered by the human resources administration and department of health and mental hygiene;
16. the number of salad bars in public schools and in hospitals operated by the health and hospitals corporation, respectively, sorted by borough;
17. the total amount expended by the department of citywide administrative services to purchase water other than tap water;
18. information concerning the green cart initiative administered by the department of health and mental hygiene, including the number of applications for permits, the number of permits issued, the number of persons on the waiting list, the number of violations issued to green carts, the location of such carts when such violations were issued and, to the extent such information is available, the number of permit holders who accept electronic benefit transfer, sorted by borough;
19. the number of vendors at greenmarkets, farmers' markets and similar markets operated by the council on the environment of New York city or any successor entity, and the average number of vendors at such markets, sorted by borough;
20. for the report due no later than September first, two thousand fourteen, and in every report thereafter, contents of the report on food security as required by subdivision j of section 20 of the charter;
21. the number of individuals eligible to receive benefits through the SNAP program who are not enrolled in such program, disaggregated by borough and by age brackets determined by the department of social services/human resources administration;
22. the retailers that are authorized to accept and redeem benefits through the SNAP program, based on publicly available data reported by the United States department of agriculture;
23. data relating to the population in each borough experiencing food insecurity, as determined based on the most recent available United States census data; and
24. measures of dietary consumption and long-term diet-related health outcomes, as well as trends in these measures among socioeconomic and racial groups, to the extent that the mayor or an agency designated by the mayor determines such data to be available and practicable to report.
a-1. The report required by subdivision a of this section shall:
1. include any other measures selected by the department of health and mental hygiene relating to nutrition; and
2. express all data in absolute numbers and as a percentage of the relevant population, where available.
b. Each annual report prepared pursuant to subdivision a of this section shall be made available to the public at no charge on a website maintained by or on behalf of the city of New York.
c. Definition. For the purposes of this section, the term "SNAP program" means the supplemental nutrition assistance program established pursuant to chapter 51 of title 7 of the United States code.
(Am. L.L. 2021/059, 5/23/2021, eff. 11/19/2021)
* Editor's note: there are two sections designated as § 3-121.
a. For purposes of this section, the following terms shall have the following meanings:
1. "Director" shall mean the director of long-term planning and sustainability;
2. "Office" shall mean the office of long-term planning and sustainability; and
3. "Waterfront dumping" shall mean any violation of subdivision a of section 16-119 of this code that occurs in or upon any wharf, pier, dock, bulkhead, slip or waterway or other area, whether publicly or privately owned, that is adjacent to any wharf, pier, dock, bulkhead, slip or waterway, and any violation of section 22-112 of this code.
b. The director, in conjunction with the commissioner of environmental protection, the commissioner of sanitation, the commissioner of small business services and, where necessary and practicable, the police commissioner, and the heads of such other agencies as the mayor may designate, shall prepare a clean waterfront plan to prevent waterfront dumping, littering on any streets or public places located on waterfront property, the abandoning of vehicles, vessels and crafts on waterfront property and the improper handling and storage of merchandise and materials on wharves, piers, docks and bulkheads. The plan shall include, but need not be limited to, the following:
1. a determination as to whether the promulgation of rules is necessary to implement the clean waterfront plan and a description of the nature of those rules, if any;
2. the creation of an accessible and centralized source of information consisting of laws, rules and regulations that relate to the clean waterfront plan;
3. a protocol to coordinate with federal, state, and multi-state agencies and authorities that have jurisdiction over the port of New York and waterways in the city of New York in relation to promoting a clean waterfront;
4. a protocol to coordinate the enforcement of all applicable laws, rules and regulations that relate to the clean waterfront plan and the promotion of a clean waterfront by the office, the department of environmental protection, the department of sanitation, the department of small business services and, where necessary and practicable, the police department, and such other agencies as the mayor may designate, that would include, but need not be limited to, a survey to identify sites where waterfront dumping occurs or is likely to occur, periodic inspections of waterfront properties, and the posting of signs to discourage waterfront dumping, littering and the abandonment of vehicles, vessels and crafts on waterfront property; and
5. a public education and outreach program to increase awareness about the clean waterfront plan.
c. The director shall submit the clean waterfront plan to the mayor and the speaker of the city council on or before January 1, 2013 and shall post such plan on the city website.
d. 1. The director shall submit a report to the mayor and the speaker of the city council on or before April 1, 2014 and on or before April 1 of every other year thereafter, which shall include, but need not be limited to, the following information for the immediately preceding two calendar years:
(i) the number of complaints received by the city concerning conduct that constitutes waterfront dumping, littering on any streets or public places located on waterfront property, the abandoning of vehicles, vessels and crafts on waterfront property and the improper handling and storage of merchandise and materials on wharves, piers, docks and bulkheads;
(ii) the number of summonses and notices of violation, respectively, issued by each agency for violations of any law, rule or regulation relating to waterfront dumping, littering on any streets or public places located on waterfront property, the abandoning of vehicles, vessels and crafts on waterfront property and the improper handling and storage of merchandise and materials on wharves, piers, docks and bulkheads;
(iii) the total amount of civil penalties imposed for such notices of violation by the environmental control board;
(iv) any changes made to the clean waterfront plan;
(v) a summary of any rules promulgated to implement the clean waterfront plan; and
(vi) recommendations for appropriate legislation and improved enforcement with respect to the clean waterfront plan.
2. In the report issued on or before April 1, 2018 the director shall make a recommendation on the necessity of future reports issued pursuant to this subdivision.
e. Three months prior to the submission of the plan or a report as required by subdivisions c and d of this section, respectively, the director shall make a draft of such plan or report available to the public for a sixty-day comment period. All comments received during such period shall be included as an appendix to the plan or report. The director shall provide notice of such opportunity to comment to any property owners and/or tenant organizations, manufacturing and commercial trade groups, community-based organizations, environmental advocacy organizations and members of the general public that have formally requested to be notified of such opportunity or other individuals or organizations that the director deems appropriate.
* Editor's note: there are two sections designated as § 3-122.
a. For the purposes of this section and section 3-123 of this subchapter, the following terms shall mean:
1. "Vulnerable populations" means persons or communities at increased risk of harm as a direct or indirect consequence of climate change based on one or more of the following risk factors: (i) proximity to disproportionally impacted areas; (ii) age, including senior citizen or minor status; (iii) income level; (iv) disability; (v) chronic or mental illness; and (vi) language.
2. "Public health" means impacts on physical health, mental health and social well-being and public or private services that treat and prevent disease, prolong life and promote health.
3. "Natural systems" means ecosystems and assets that provide ecologic benefits, including but not limited to waterbodies, trees, wetlands and parks.
4. "Critical infrastructure" means systems and assets, with the exception of residential and commercial buildings, that support vital city activities and for which the diminished functioning or destruction of such systems and assets would have a debilitating impact on public safety and/or economic security.
b. There shall be a New York city panel on climate change whose members shall serve without compensation from the city. Members shall include, but not be limited to, climate change and climate impact scientists who shall be appointed by, and serve at the pleasure of, the mayor.
c. 1. The panel shall meet at least twice a year for the purpose of (i) reviewing the most recent scientific data related to climate change and its potential impacts on the city's communities, vulnerable populations, public health, natural systems, critical infrastructure, buildings and economy; and (ii) advising the office of long-term planning and sustainability and the New York city climate change adaptation task force established pursuant to section 3-123 of this subchapter.
2. The panel shall make recommendations regarding (i) the near-, intermediate and long-term quantitative and qualitative climate change projections for the city of New York within one year of the release of an assessment report by the intergovernmental panel on climate change, but not less than once every three years; and (ii) a framework for stakeholders to incorporate climate change projections into their planning processes.
d. The panel shall advise the office of long-term planning and sustainability on the development of a community- or borough-level communications strategy intended to ensure that the public is informed about the findings of the panel, including the creation of a summary of the climate change projections for dissemination to city residents.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2012/042.
* Editor's note: there are two sections designated as § 3-123.
a. There shall be a New York city climate change adaptation task force consisting of city, state and federal agencies and private organizations and entities responsible for developing, maintaining, operating or overseeing the city's public health, natural systems, critical infrastructure, including telecommunications, buildings and economy. The task force shall be chaired by the office of long-term planning and sustainability, and shall include, but need not be limited to, representatives from the department of buildings, the department of design and construction, department of city planning, the department of environmental protection, the department of information technology and telecommunications, the department of parks and recreation, the department of sanitation, the department of transportation, the economic development corporation, the office of emergency management, the office of management and budget, the department for the aging and the department of health and mental hygiene. Public members shall include, but need not be limited to, representatives from organizations in the health care, telecommunications, energy and transportation fields, who shall be appointed by, and serve at the pleasure of, the mayor without compensation from the city. The mayor shall invite the appropriate federal, state and local agencies and authorities to participate.
b. 1. The task force shall meet at least twice a year for the purposes of reviewing the climate change projections as recommended by the New York city panel on climate change pursuant to section 3-122 of this subchapter; evaluating the potential impacts to public health and the delivery of public health services to the city's communities and vulnerable populations and how such delivery may be affected by climate change; evaluating the potential impacts to the city's natural systems, critical infrastructure, including telecommunications, and buildings and how services provided by such systems, infrastructure, including telecommunications, and buildings may be affected by climate change; identifying the rules, policies and regulations governing public health, natural systems, critical infrastructure, including telecommunications, buildings and economy that may be affected by climate change; and formulating and updating coordinated strategies to address the potential impact of climate change on the city's communities, vulnerable populations, public health, natural systems, critical infrastructure, including telecommunications, buildings and economy.
2. Within one year of the development of recommended climate change projections pursuant to section 3-122 of this subchapter, the task force shall create an inventory of potential risks due to climate change to the city's communities, vulnerable populations, public health, natural systems, critical infrastructure, including telecommunications, buildings and economy; develop adaptation strategies to address such risks that may include design guidelines for new infrastructure, and short and long-term resiliency recommendations for existing public and private telecommunications infrastructure, including an evaluation of wireless infrastructure; and identify issues for further study. A report with recommendations shall be issued based on this information and submitted to the mayor and the city council and shall be made available to the public.
3. The task force shall conduct outreach to telecommunication service providers, including all telecommunication service providers with a franchise agreement with the city, and request their cooperation in obtaining information relevant to the task force's requirements under subdivision two of this section. The report will include a description of the efforts undertaken to obtain the cooperation of infrastructure providers and the results of such efforts, including specifically whether any such providers refused to cooperate.
c. The office of long-term planning and sustainability shall develop a community- or borough-level communications strategy intended to ensure that the public is informed about the findings of the task force, including the creation of a summary of the report for dissemination to city residents. In developing such communications strategy, the director shall consult with non-governmental and community-based organizations.
(Am. L.L. 2015/072, 8/10/2015, eff. 8/10/2015)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2012/042.
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