A00455 Summary:

BILL NOA00455
 
SAME ASNo Same As
 
SPONSORBraunstein (MS)
 
COSPNSRColton, Rosenthal L, Simotas, Abbate, Crespo
 
MLTSPNSRDinowitz, Lentol, Miller MG, Perry
 
Amd 487, NYC Chart; add 15-131-a, NYC Ad Cd
 
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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A00455 Actions:

BILL NOA00455
 
01/09/2019referred to cities
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A00455 Committee Votes:

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A00455 Floor Votes:

There are no votes for this bill in this legislative session.
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A00455 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           455
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 9, 2019
                                       ___________
 
        Introduced  by  M.  of  A.  BRAUNSTEIN,  COLTON,  L. ROSENTHAL, SIMOTAS,
          ABBATE, CRESPO -- Multi-Sponsored by -- M.  of  A.  DINOWITZ,  LENTOL,
          M. G. MILLER,  PERRY  --  read  once  and referred to the Committee on
          Cities
 
        AN ACT to amend the New York city charter and the administrative code of
          the city of New York, 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. Subdivision a of section 487 of the New York city  charter,
     2  as  amended  by local law number 40 of the city of New York for the year
     3  1989, is amended to read as follows:
     4    a. The commissioner shall have sole and exclusive  power  and  perform
     5  all  duties  for the government, discipline, management, maintenance and
     6  direction of the fire department and the premises and  property  in  the
     7  custody thereof, however, the commissioner shall [provide written notice
     8  with  supporting  documentation  at  least  forty-five days prior to the
     9  permanent closing of any firehouse or the  permanent  removal  or  relo-
    10  cation  of  any  fire  fighting  unit  to the council members, community
    11  boards and borough presidents whose districts are served by such facili-
    12  ty or unit and the chairperson of the council's public safety committee.
    13  For the purposes of this section, the term "permanent" shall mean a time
    14  period in excess of six months. In the event that the permanent  closing
    15  of  any  firehouse  or  the permanent removal or relocation of any fire-
    16  fighting unit does not occur within four months of the date of the writ-
    17  ten notice, the commissioner shall issue  another  written  notice  with
    18  supporting  documentation prior to such permanent removal or relocation.
    19  The four months during which the written notice is  effective  shall  be
    20  tolled for any period in which a restraining order or injunction prohib-
    21  iting  the  closing of such noticed facility or unit shall be in effect]
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02657-01-9

        A. 455                              2
 
     1  be required to comply with the provisions of  section  15-131-a  of  the
     2  administrative  code  of  the  city  of New York with respect to certain
     3  proposed reductions of fire services.
     4    §  2.  The  administrative  code of the city of New York is amended by
     5  adding a new section 15-131-a to read as follows:
     6    § 15-131-a. Reduction of fire services; prior approval required.    a.
     7  The  commissioner shall provide written request with supporting documen-
     8  tation prior to the permanent closing of any firehouse or the  permanent
     9  removal  or relocation of any fire fighting unit to the council members,
    10  community boards and borough presidents whose districts  are  served  by
    11  such facility or unit and the chairperson of the council's public safety
    12  committee.  For the purposes of this section, the term "permanent" shall
    13  mean a time period in excess of six months.
    14    b. The written request, required by subdivision  a  of  this  section,
    15  shall  include  an  environmental impact statement, which shall address,
    16  but shall not be limited to:
    17    (1) current and projected response times of the subject  firehouse  or
    18  fire fighting unit, which shall mean the sum of dispatch time and travel
    19  time  in  response  to  a call directed to the facility or unit, for the
    20  area affected by closure, which  must  include  geographic  and  traffic
    21  analyses as they affect response times;
    22    (2)  current and projected allocation of resources, including staffing
    23  levels, for the firehouses or fire fighting units  in  the  district  or
    24  districts served by the facility or unit which is proposed to be closed,
    25  removed or relocated; and
    26    (3)  distance  of  other firehouses of fire fighting units in the area
    27  affected by closure.
    28    c. The proposed closure, removal or relocation  shall  be  subject  to
    29  consecutive  thirty  day  review  periods  by  the  community boards and
    30  borough presidents whose districts are served by the  subject  firehouse
    31  or fire fighting unit.
    32    (1)  If  any or all of the affected community boards or borough presi-
    33  dents support the proposal, the council will be given a thirty day peri-
    34  od to review the proposal and  a  majority  vote  will  be  required  to
    35  approve the measure;
    36    (2)  If  all  of  the affected community boards and borough presidents
    37  oppose the proposal, the council will be given a thirty  day  period  to
    38  review  the  proposal and a two-thirds majority vote will be required to
    39  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 subdivision c of this section, the commissioner shall  issue
    44  another  written  request  with  supporting  documentation prior to such
    45  permanent closure, removal or relocation. The four months  during  which
    46  the  approval  is  effective  shall  be tolled for any period in which a
    47  restraining order or injunction prohibiting the closing of such facility
    48  or unit shall be in effect.
    49    § 3. This act shall take effect immediately.
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