S00697 Summary:

BILL NO    S00697A

SAME AS    No same as 

SPONSOR    AVELLA

COSPNSR    

MLTSPNSR   

Amd S204-d, Gen Muni L

Requires written request, including environmental impact statement, and review
by community boards, borough presidents and the council of proposed reductions
in the level of fire services, including closure of firehouses or removal or
relocation of fire fighting units.
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S00697 Actions:

BILL NO    S00697A

01/07/2015 REFERRED TO CITIES
03/03/2015 1ST REPORT CAL.176
03/04/2015 2ND REPORT CAL.
03/09/2015 ADVANCED TO THIRD READING 
06/01/2015 AMENDED ON THIRD READING (T) 697A
06/25/2015 COMMITTED TO RULES
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S00697 Memo:

Memo not available
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S00697 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                        697--A
           Cal. No. 176

                              2015-2016 Regular Sessions

                                   I N  S E N A T E

                                      (PREFILED)

                                    January 7, 2015
                                      ___________

       Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
         printed to be committed to the Committee on Cities -- reported favora-
         bly from said committee, ordered to first and second  report,  ordered
         to a third reading, amended and ordered reprinted, retaining its place
         in the order of third reading

       AN  ACT  to  amend  the  general municipal law, in relation to requiring
         written request and review of proposed reductions in the level of fire
         services

         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section  1.  Section 204-d of the general municipal law, as amended by
    2  section 44 of part B of chapter 56 of the laws of 2010,  is  amended  to
    3  read as follows:
    4    S  204-d.  Duties  of  the  fire chief. (1) The fire chief of any fire
    5  department or company shall, in addition to any other duties assigned to
    6  him OR HER by law or contract, to the extent reasonably possible  deter-
    7  mine or cause to be determined the cause of each fire or explosion which
    8  the  fire  department  or company has been called to suppress. He OR SHE
    9  shall file with the office of  fire  prevention  and  control  a  report
   10  containing such determination and any additional information required by
   11  such  office regarding the fire or explosion. The report shall be in the
   12  form designated by such office.  He OR SHE shall contact or cause to  be
   13  contacted  the  appropriate  investigatory  authority  if  he OR SHE has
   14  reason to believe the fire or explosion is of incendiary  or  suspicious
   15  origin. For all fires that are suspected to have been ignited by a ciga-
   16  rette, within fourteen days after completing the investigation into such
   17  fire,  the fire chief shall forward to the office of fire prevention and
   18  control information detailing, to the extent possible: (a) the  specific
   19  brand  and style of the cigarette suspected of having ignited such fire;
   20  (b) whether the cigarette package was marked as required by  subdivision

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00436-04-5
       S. 697--A                           2

    1  six of section one hundred fifty-six-c of the executive law; and (c) the
    2  location and manner in which such cigarette was purchased.
    3    (2)  REDUCTION OF FIRE SERVICES; PRIOR APPROVAL REQUIRED. A. THE HIGH-
    4  EST RANKING FIRE OFFICIAL OF ANY CITY WITH  A  POPULATION  OF  OVER  ONE
    5  HUNDRED  THOUSAND  PEOPLE  SHALL PROVIDE WRITTEN REQUEST WITH SUPPORTING
    6  DOCUMENTATION PRIOR TO THE PERMANENT CLOSING OF  ANY  FIREHOUSE  OR  THE
    7  PERMANENT REMOVAL OR RELOCATION OF ANY FIRE FIGHTING UNIT TO THE COUNCIL
    8  MEMBERS,  COMMUNITY  BOARDS  AND  BOROUGH PRESIDENTS WHOSE DISTRICTS ARE
    9  SERVED BY SUCH FACILITY OR UNIT AND THE  CHAIRPERSON  OF  THE  COUNCIL'S
   10  PUBLIC  SAFETY  COMMITTEE OR CHAIRPERSON OF THE COMMITTEE WITH OVERSIGHT
   11  OF FIRE SERVICES. FOR THE PURPOSES OF THIS SECTION, THE TERM "PERMANENT"
   12  SHALL MEAN A TIME PERIOD IN EXCESS OF SIX MONTHS.
   13    B. THE WRITTEN REQUEST, REQUIRED BY PARAGRAPH A OF  THIS  SUBDIVISION,
   14  SHALL INCLUDE AN ENVIRONMENTAL IMPACT STATEMENT, WHICH SHALL INCLUDE BUT
   15  SHALL NOT BE LIMITED TO:
   16    (I)  CURRENT  AND PROJECTED RESPONSE TIMES OF THE SUBJECT FIREHOUSE OR
   17  FIRE FIGHTING UNIT, WHICH SHALL MEAN THE SUM OF DISPATCH TIME AND TRAVEL
   18  TIME IN RESPONSE TO A CALL DIRECTED TO THE FACILITY  OR  UNIT,  FOR  THE
   19  AREA  AFFECTED  BY  CLOSURE,  WHICH  MUST INCLUDE GEOGRAPHIC AND TRAFFIC
   20  ANALYSES AS THEY AFFECT RESPONSE TIMES;
   21    (II) CURRENT AND PROJECTED ALLOCATION OF RESOURCES, INCLUDING STAFFING
   22  LEVELS, FOR THE FIREHOUSES OR FIRE FIGHTING UNITS  IN  THE  DISTRICT  OR
   23  DISTRICTS SERVED BY THE FACILITY OR UNIT WHICH IS PROPOSED TO BE CLOSED,
   24  REMOVED OR RELOCATED; AND
   25    (III)  DISTANCE OF OTHER FIREHOUSES OR FIRE FIGHTING UNITS IN THE AREA
   26  AFFECTED BY CLOSURE.
   27    C. THE PROPOSED CLOSURE, REMOVAL OR RELOCATION SHALL BE SUBJECT  TO  A
   28  THIRTY  DAY  REVIEW  PERIOD BY THE COUNCIL MEMBERS, COMMUNITY BOARDS AND
   29  BOROUGH PRESIDENTS WHOSE DISTRICTS ARE SERVED BY THE  SUBJECT  FIREHOUSE
   30  OR  FIRE  FIGHTING UNIT WHICH SHALL COMMENCE UPON RECEIPT OF THE WRITTEN
   31  REQUEST TO COUNCIL MEMBERS, COMMUNITY BOARDS AND BOROUGH PRESIDENTS.
   32    (I) IF ANY OR ALL OF THE AFFECTED COUNCIL MEMBERS, COMMUNITY BOARDS OR
   33  BOROUGH PRESIDENTS SUPPORT THE PROPOSAL, THE COUNCIL  WILL  BE  GIVEN  A
   34  THIRTY  DAY  PERIOD  TO  REVIEW THE PROPOSAL AND A MAJORITY VOTE WILL BE
   35  REQUIRED TO APPROVE THE MEASURE;
   36    (II) IF ALL OF THE AFFECTED  COUNCIL  MEMBERS,  COMMUNITY  BOARDS  AND
   37  BOROUGH  PRESIDENTS  OPPOSE  THE  PROPOSAL,  THE COUNCIL WILL BE GIVEN A
   38  THIRTY DAY PERIOD TO REVIEW THE PROPOSAL AND A TWO-THIRDS MAJORITY  VOTE
   39  WILL BE REQUIRED TO APPROVE THE MEASURE.
   40    D.  IN  THE  EVENT  THAT THE PERMANENT CLOSING OF ANY FIREHOUSE OR THE
   41  PERMANENT REMOVAL OR RELOCATION OF ANY FIRE FIGHTING UNIT DOES NOT OCCUR
   42  WITHIN FOUR MONTHS OF THE DATE OF APPROVAL AFTER REVIEW, IN  THE  MANNER
   43  PROVIDED  BY  PARAGRAPH  C  OF  THIS SUBDIVISION, THE COMMISSIONER SHALL
   44  ISSUE ANOTHER WRITTEN REQUEST WITH  SUPPORTING  DOCUMENTATION  PRIOR  TO
   45  SUCH  PERMANENT  CLOSURE,  REMOVAL  OR  RELOCATION,  WITH ANOTHER REVIEW
   46  PROCEDURE REQUIRED AS PROVIDED BY PARAGRAPH C OF THIS  SUBDIVISION.  THE
   47  FOUR  MONTHS  DURING WHICH THE APPROVAL IS EFFECTIVE SHALL BE TOLLED FOR
   48  ANY PERIOD IN WHICH A RESTRAINING ORDER OR  INJUNCTION  PROHIBITING  THE
   49  CLOSING OF SUCH FACILITY OR UNIT SHALL BE IN EFFECT.
   50    S 2. This act shall take effect immediately.
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