Requires notice to members of the legislature and certain local officials relating to certain construction and other projects affecting such members' and officials' districts.
STATE OF NEW YORK
________________________________________________________________________
355--A
Cal. No. 26
2021-2022 Regular Sessions
IN ASSEMBLY(Prefiled)
January 6, 2021
___________
Introduced by M. of A. BRAUNSTEIN, EICHENSTEIN, TAYLOR, CARROLL, REILLY,
GONZALEZ-ROJAS -- read once and referred to the Committee on Cities --
ordered to a third reading, amended and ordered reprinted, retaining
its place on the order of third reading
AN ACT to amend the administrative code of the city of New York and the
public authorities law, in relation to requiring notice to members of
the legislature and certain local officials relating to certain
construction and other projects affecting such members' and officials'
districts
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Legislative intent. It is hereby declared to be a substan-
2 tial interest of this state to monitor the implementation of New York
3 City's legislative authority related to traffic on or pedestrian use of
4 highways within the city. In addition, the legislature finds that there
5 is a need to notify the public concerning major transportation projects
6 and other projects which result in street closures and can affect traf-
7 fic and local business operation. Further, sufficient notice of these
8 projects will allow elected officials to solicit public input and thus
9 ensure that policy decisions are made in the interest of the community.
10 § 2. Section 19-101.2 of the administrative code of the city of New
11 York, as added by local law number 90 of the city of New York for the
12 year 2009 and subdivision c as amended and subdivision j as added by
13 local law number 64 of the city of New York for the year 2011, is
14 amended to read as follows:
15 § 19-101.2 Review of major transportation projects. a. For the
16 purposes of this section, the following terms shall be defined as
17 follows:
18 1. "Affected council member(s), senator(s), member(s) of assembly and
19 community board(s)" shall mean the council member(s), senator(s),
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03423-02-2
A. 355--A 2
1 member(s) of assembly and community board(s) in whose districts a
2 proposed major transportation project is to be located, in whole or in
3 part.
4 2. "Major transportation project" shall mean any project that, after
5 construction will alter four or more consecutive blocks, or 1,000
6 consecutive feet of street, whichever is less, involving a major
7 realignment of the roadway, including either removal of a vehicular
8 lane(s) or full time removal of a parking lane(s) or addition of vehicu-
9 lar travel lane(s).
10 b. If an agency of the city other than the department implements a
11 major transportation project, such agency, in lieu of the department,
12 shall provide the notice required by this section.
13 c. Prior to the implementation of a major transportation project, the
14 department shall forward notice of such project, including a description
15 of such project, to affected council member(s), senator(s), member(s) of
16 assembly and community board(s) by electronic mail.
17 d. Within ten business days after receipt of such notice: (i) the
18 affected council member(s), senator(s) and member(s) of assembly may
19 submit recommendations and/or comments on such notice to the department;
20 and (ii) the affected community board(s) may either submit recommenda-
21 tions and/or comments on such notice to the department and/or request a
22 presentation of the major transportation project plan by the department,
23 which shall be made to the community board within thirty days of such
24 community board's request.
25 e. Each presentation shall include, at a minimum, the project limits,
26 a description, and a justification of such plan, and a map showing the
27 streets affected by such plan and, within three days of such presenta-
28 tion, shall be forwarded to the affected council member(s), senator(s)
29 and member(s) of assembly.
30 f. The department shall consider recommendations and/or comments, if
31 any, made under the provisions of subdivision d of this section and/or
32 within seven days of the presentation to the community board, from the
33 affected council member(s), senator(s), member(s) of assembly and
34 affected community board(s), and may incorporate changes, where appro-
35 priate, into the plan.
36 g. The department may implement its plan fourteen or more days after
37 it sends an amended plan or notice that it will proceed with its
38 original plan to the affected council member(s), senator(s), member(s)
39 of assembly and community board(s).
40 h. Nothing in this section shall be construed to prohibit the depart-
41 ment from providing notice of its major transportation projects on its
42 website and to affected council member(s), senator(s), member(s) of
43 assembly and community board(s) and other interested parties by other
44 means in addition to those specified in this section.
45 i. Nothing in this section shall be construed to require the depart-
46 ment to provide notification of major transportation projects requiring
47 immediate implementation to preserve public safety.
48 j. Prior to the implementation of a major transportation project, the
49 department shall consult with the police department, the fire depart-
50 ment, the department of small business services and the mayor's office
51 for people with disabilities. The department shall include a certif-
52 ication of such consultations in the notice required by subdivision c of
53 this section.
54 § 3. Section 19-101.3 of the administrative code of the city of New
55 York, as added by local law number 66 of the city of New York for the
56 year 2011, is amended to read as follows:
A. 355--A 3
1 § 19-101.3 Reporting requirement following the completion of major
2 transportation projects. a. For purposes of this section, "affected
3 council member(s), senator(s), member(s) of assembly and community
4 board(s)" and "major transportation project" shall have the same mean-
5 ings as in section 19-101.2 of this chapter.
6 b. Not more than eighteen months following the completion of a major
7 transportation project, the department shall submit to the affected
8 council member(s), senator(s), member(s) of assembly and community
9 board(s) and shall post on the department's website the average number
10 of crashes for the three years prior to the commencement of the major
11 transportation project and the year subsequent to the completion of the
12 major transportation project, disaggregated by the streets affected by
13 the major transportation project, and disaggregated further by the
14 number of motorists and/or injured or killed passengers, bicyclists and
15 pedestrians involved.
16 c. Simultaneous to providing the information required by subdivision b
17 of this section, the department shall provide to the affected council
18 member(s), senator(s), member(s) of assembly and community board(s) and
19 shall post on the department's website other data related to the project
20 including but not limited to speed data, vehicular volume data and
21 vehicular level of service data to the extent such data is relevant to
22 the project. Accompanying such data shall be an explanation of the data,
23 along with the dates and times of the collection of such data, and simi-
24 lar data from prior to the commencement of the major transportation
25 project.
26 d. The department shall consult with the fire department and the
27 police department regarding the effect a major transportation project
28 has had on emergency vehicles, and shall report the results of such
29 consultations with the information required by subdivisions b and c of
30 this section.
31 § 4. Section 19-107 of the administrative code of the city of New
32 York, as amended by local law number 24 of the city of New York for the
33 year 2005, is amended to read as follows:
34 § 19-107 Temporary closing of streets. a. (i) Except as otherwise
35 provided by law, it shall be unlawful for any person to close any
36 street, or a portion thereof, within the jurisdiction of the commission-
37 er, to pedestrian or vehicular traffic without a permit from the commis-
38 sioner.
39 (ii) The commissioner may temporarily close or may issue a permit to
40 temporarily close to pedestrian or vehicular traffic any street, or a
41 portion thereof, within his or her jurisdiction, when, in his or her
42 judgment, travel therein is deemed to be dangerous to life, in conse-
43 quences of there being carried on in such street activities such as
44 building operations, repairs to street pavements, sewer connections, or
45 blasting for the purpose of removing rock from abutting property, or
46 upon advice from the police commissioner, fire commissioner or commis-
47 sioner of the office of emergency management that such closure will
48 promote or protect safety or life, or when such closure may be necessary
49 for a public purpose. In such event, the commissioner shall make avail-
50 able to the community board and the council member, senator, and member
51 of assembly in whose district such street is located information regard-
52 ing any such closure which continues beyond five business days, state
53 the reason or reasons for such closure and the estimated date for the
54 street, or any portion thereof, to reopen.
55 b. In the event that a publicly mapped street that is used for vehicu-
56 lar or vehicular and pedestrian access, for which vehicular access is
A. 355--A 4
1 fully closed for more than one hundred eighty consecutive days, the
2 commissioner shall issue or cause to be issued a community reassessment,
3 impact and amelioration (CRIA) statement that has been approved by the
4 commissioner or other government entity initiating the street closure
5 which shall be delivered to both the community board and the council
6 member, senator, and member of assembly in whose district the street is
7 located on or before the two hundred tenth day of the closure. Such CRIA
8 statement shall contain the following: the objectives of the closure and
9 the reasons why the continued street closure is necessary to attain
10 those objectives, which in the case of a closure initiated by a local
11 law enforcement agency for security reasons shall be satisfied by a
12 statement from the local law enforcement agency that the street has been
13 closed and will remain closed for security reasons; identification of
14 the least expensive alternative means of attaining those objectives and
15 the costs of such alternatives, or a statement and explanation as to the
16 unavailability of such alternatives, which in the case of a closure
17 initiated by a local law enforcement agency for security reasons shall
18 be satisfied by a statement from the law enforcement agency that there
19 are no alternative means available; how the continued street closure
20 will impact access and traffic flow to and within the surrounding commu-
21 nity, including but not limited to, access to emergency vehicles, resi-
22 dences, businesses, facilities, paratransit transportation and school
23 bus services; and any recommendations to mitigate adverse impact and
24 increase access to and within the area. In the case of a closure initi-
25 ated for security reasons, the police department shall ensure that the
26 CRIA statement does not reveal non-routine investigative techniques or
27 confidential information or potentially compromises the safety of the
28 public or police officers or otherwise potentially compromise law
29 enforcement investigations or operations, provided that the issuance of
30 the CRIA statement shall not be delayed beyond the required time period.
31 The requirement for the issuance of a CRIA statement as described in
32 this subdivision may be satisfied by delivery of an environmental
33 assessment statement, environmental impact statement, or similar docu-
34 ment required by law to be prepared in relation to the street closure.
35 Prior to the issuance of a CRIA statement, the commissioner, in the case
36 of a closure for which a permit issued by the department is required,
37 shall hold at least one public forum, publicized in advance, in any
38 affected community at which the community may register its input
39 concerning any potential adverse impacts of the street closure, includ-
40 ing but not limited to concerns regarding timeliness of emergency vehi-
41 cle response and traffic congestion resulting in a potential increase in
42 noise and any other adverse conditions caused by the closure. In the
43 case of a street closure effectuated for security reasons by a local law
44 enforcement agency, such law enforcement agency shall hold the public
45 forum provided herein. Following the public forum(s), the council
46 member, senator, and member of assembly in whose district the street
47 closure is located may forward to the government entity which held the
48 public forum(s) issues raised at the public forum(s) by the partic-
49 ipants. The government entity which held the public forum(s) shall make
50 its best efforts to respond to the issues raised, utilizing the exper-
51 tise of other city agencies if appropriate, and shall provide such
52 response to be appended to the CRIA statement. In the case that an envi-
53 ronmental assessment statement, environmental impact statement, or simi-
54 lar document is substituted in lieu of the CRIA statement, as provided
55 for above, the public forum provisions provided herein shall still
56 apply.
A. 355--A 5
1 c. For purposes of this section, a "street closure" shall not include
2 a street closure undertaken by a federal or state governmental entity.
3 § 5. Subdivision b of section 19-157 of the administrative code of the
4 city of New York, as added by local law number 53 of the city of New
5 York for the year 2016, is amended to read as follows:
6 b. Pedestrian plaza designation. 1. The department may designate an
7 area as a pedestrian plaza. In making such designation, the department
8 shall consider factors, including but not limited to, the following: (i)
9 availability of and need for open space in the surrounding areas; (ii)
10 ability of the department or any pedestrian plaza partner to properly
11 maintain such pedestrian plaza and develop programming; and (iii)
12 relationship of such pedestrian plaza to surrounding land uses, traffic,
13 and pedestrian activity and safety.
14 2. No less than 60 days before designating a pedestrian plaza, the
15 department shall forward notice of its intent to any affected council
16 members, community boards, [and] borough presidents, senators, and
17 members of assembly. Within 45 days of receipt of such notice, such
18 council members, community boards, [and] borough presidents, senators,
19 and members of assembly may submit comments regarding such proposed
20 pedestrian plaza. The department shall consider such comments before
21 making a determination in regard to such proposed pedestrian plaza.
22 3. Proposals for the designation of an area as a pedestrian plaza may
23 be submitted by a council member, community board, borough president,
24 senator, member of assembly or non-profit organization pursuant to rules
25 of the department. Within 90 days of the receipt of such application,
26 the department shall issue a response to such a proposal.
27 4. All pedestrian plazas identified on the department's website pursu-
28 ant to section 19-101.4 prior to June 1, 2016 shall be deemed designated
29 pedestrian plazas pursuant to this section.
30 5. At least 90 days before the department rescinds the designation of
31 a pedestrian plaza, the department shall notify the affected council
32 members, community boards, borough presidents, senators, members of
33 assembly and any pedestrian plaza partner. If any such council member,
34 community board, borough president, senator, member of assembly or
35 pedestrian plaza partner so requests, the department shall hold a public
36 hearing on the proposed designation rescission no more than 45 days
37 after sending such notice. The department shall consider any comments
38 from such public hearing or any comments submitted to the department
39 before rescinding such designation.
40 § 6. Subdivision a of section 19-158 of the administrative code of the
41 city of New York, as added by local law number 195 of the city of New
42 York for the year 2017, is amended to read as follows:
43 a. Upon approving an application for a permit to open a street segment
44 or intersection that has been reconstructed or resurfaced within five
45 years prior to the date of such approval, the department shall provide
46 notice, through electronic means, to the affected borough president, the
47 council member(s) of the affected council district(s), the senator(s) of
48 the affected senate district(s), the member(s) of assembly of the
49 affected assembly district(s), and the district manager(s) of the
50 affected community board(s).
51 § 7. Subdivision c of section 19-159.3 of the administrative code of
52 the city of New York, as added by local law number 124 of the city of
53 New York for the year 2019, is amended to read as follows:
54 c. Notice requirement for work affecting a street segment or inter-
55 section that has a bicycle lane. Upon approving an application for a
56 permit authorizing work affecting a street segment or intersection that
A. 355--A 6
1 has a bicycle lane, the department shall provide notice, through elec-
2 tronic means, to the affected borough president, the council member of
3 the affected council district, the senator of the affected senate
4 district, the member of assembly of the affected assembly district, and
5 the district manager of the affected community board. Such notice shall
6 include the following information:
7 1. The name and contact information of the applicant;
8 2. The anticipated start and end dates of the work;
9 3. The location, nature and extent of the work to be performed;
10 4. The permit type;
11 5. Any permit stipulations related to the maintenance of a temporary
12 bicycle lane; and
13 6. Contact information for a department office where questions may be
14 directed.
15 § 8. The administrative code of the city of New York is amended by
16 adding a new section 19-159.6 to read as follows:
17 § 19-159.6 Notice requirement for public utility companies. a. A
18 public utility company, as defined in section two of the public service
19 law, issued a permit valid for more than seven days by the commissioner
20 pursuant to this subchapter shall provide notice to the affected borough
21 president, the council member or members of the affected council
22 district or districts, the senator or senators of the affected senate
23 district or districts, the member or members of assembly of the affected
24 assembly district or districts and the district managers of the affected
25 community board or boards.
26 b. Such notice shall include the following information:
27 1. The name and contact information of the permittee;
28 2. The anticipated start and end dates of the work;
29 3. The location, nature and extent of the work to be performed; and
30 4. The permit type.
31 § 9. The administrative code of the city of New York is amended by
32 adding a new section 3-119.5 to read as follows:
33 § 3-119.5 Notice requirement for filming permits. a. Upon issuance of
34 a permit granting privileges pursuant to subdivision seven of paragraph
35 c of section 9-02 of title forty-three of the rules of the city of New
36 York, the mayor's office of media and entertainment shall provide notice
37 to the affected borough president, the council member or council members
38 of the affected council district or districts, the senator or senators
39 of the affected senate district or districts, the member or members of
40 assembly of the affected assembly district or districts and the district
41 managers of the affected community board or community boards.
42 b. Such notice shall include the following information:
43 1. The name and contact information of the permittee;
44 2. The anticipated start and end dates of the permit; and
45 3. The location, description of the filming activity, date of the
46 permit, and description of parking requests.
47 § 10. Subdivisions c and e of section 24-503 of the administrative
48 code of the city of New York, as amended by local law number 22 of the
49 city of New York for the year 2002, are amended to read as follows:
50 c. The commissioner of environmental protection shall submit such map
51 or plan simultaneously to the department of health and mental hygiene,
52 the director of city planning, each affected community board [and], the
53 office of the appropriate borough president, the appropriate council
54 member, and the appropriate senator and member of assembly. The depart-
55 ment of health and mental hygiene shall review such map or plan with
56 respect to the creation or abatement of any health hazard. Such depart-
A. 355--A 7
1 ment shall file a statement with the commissioner of environmental
2 protection and the director of city planning, in relation to such map or
3 plan, within fifteen days subsequent to such submission either approving
4 or disapproving such map or plan.
5 e. Copies of such map or plan as approved in accordance with the
6 provisions of this section shall be filed by the commissioner of envi-
7 ronmental protection in each county office of record, the community
8 board for the community in which any portion of such map or plan is
9 situated [and], the office of the borough president in which any portion
10 of such map or plan is situated within the city of New York, the offices
11 of the council member, senator and member of assembly representing a
12 district in which any portion of such map or plan is situated within the
13 city of New York, and in the offices of the department of transportation
14 and department of health and mental hygiene of such city.
15 § 11. Section 24-505 of the administrative code of the city of New
16 York is amended to read as follows:
17 § 24-505 Raising of grade for drainage. Whenever the commissioner of
18 environmental protection shall determine that it is necessary to raise
19 the grade of any street or streets for the proper sewage of the sewer
20 district in which such street or streets, or parts of streets, are situ-
21 ated, he or she shall prepare a plan showing such proposed change of
22 grade, and shall present the same to the board of estimate and notify
23 the community board for the community district in which the land is
24 located [and], the office of the appropriate borough president, and the
25 council member, senator and member of assembly representing the district
26 in which the land is located. The board of estimate shall refer such
27 plan to the commissioner of transportation for report. Such board may
28 change the grade of such street or streets, or parts of streets, so far
29 as shall be necessary for the proper drainage thereof, in accordance
30 with such plan, in the manner provided by section one hundred ninety-
31 nine of the charter.
32 § 12. Subdivision b of section 24-508 of the administrative code of
33 the city of New York is amended to read as follows:
34 b. The commissioner of environmental protection thereupon shall file
35 copies of the documents listed in subdivision a with the department of
36 city planning, which shall forward a copy within five days to the commu-
37 nity board for the community district in which the property is located,
38 [and] to the appropriate borough board if the plans involve land located
39 in two or more community districts, and to the council member, senator
40 and member of assembly representing the district in which the property
41 is located. Such commissioner shall apportion the cost of construction,
42 according to actual benefit, between the several parcels of property
43 abutting on each side of that part of the street through which the sewer
44 is to be constructed.
45 § 13. Section 24-905 of the administrative code of the city of New
46 York, as added by local law number 27 of the city of New York for the
47 year 2009, is amended to read as follows:
48 § 24-905 Citizen Participation.
49 (a) The borough president [and], council member, senator, and member
50 of assembly representing the area in which the local brownfield site is
51 located, community board for the district in which the local brownfield
52 site is located, residents living on or immediately adjacent to the
53 local brownfield site, community based organizations, and other appro-
54 priate community groups shall be notified upon receipt by the office of
55 the application to participate in the local brownfield cleanup program;
56 before the office finalizes a remedial action work plan or approves a
A. 355--A 8
1 report on remedial action; and before the enrollee commences
2 construction at the local brownfield site.
3 (b) The office shall provide opportunities for public comment and
4 shall prescribe a procedure for enrollees to make documents available to
5 the public.
6 § 14. Subdivision 1 of section 1731 of the public authorities law, as
7 amended by chapter 285 of the laws of 2014, is amended to read as
8 follows:
9 1. Prior to the commencing of new construction or building additions
10 of an educational facility, or the acquisition of real property or any
11 interest therein for such purpose, the authority shall file a copy of
12 the site plan of such facility in its offices and shall provide a copy
13 thereof to the city board, the city planning commission and the communi-
14 ty school district education council and the community board of the
15 district in which the facility will be located. The authority shall
16 also provide a copy of such plan to the council member, senator and
17 member of assembly representing the district in which the facility will
18 be located. Such plan shall include data on projected student population
19 for the community school district or districts and the community board
20 or boards affected, the source of that data and the reason the proposed
21 action is necessary and how such plan factors and accounts for student
22 population projections. Upon request, any other person shall be
23 furnished with such plan or a summary thereof. The authority shall
24 publish in a newspaper of general circulation in the city a notice of
25 the filing of such plan and the availability of the plan and a summary
26 thereof. Such plan shall include, in the case of any project for which
27 the acquisition of real property or interest therein is proposed, the
28 recommended site, any alternate sites considered, and any rationale as
29 to why the alternate sites were not selected.
30 § 15. This act shall take effect immediately.
