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Department of Small Business Services
Codified Title: 
Title 66: Department of Small Business Services

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Friday, November 17, 2017
Proposed Rules Content: 

Statement of Basis and Purpose

During the 2014-15, 2015-16, and 2016-17 school years, the Department of Small Business Services (DSBS) administered a grant program to support the employment of experienced school bus workers who have been impacted by changes in the Department of Education’s (DOE) contracts for school bus transportation.  Pursuant to the authority vested in DSBS by New York City Charter § 1301, DSBS is proposing a rule that would continue the grant program for the 2017-18 school year.

 

Since 1979, following a school bus strike, DOE’s school bus contracts included employee protection provisions (EPPs) requiring school transportation contractors, among other things, to give priority in hiring to employees who became unemployed because of their employers’ loss of DOE bus contract work and to pay such employees the same wages and benefits they had received prior to becoming unemployed.

 

Following the 2011 decision by the New York State Court of Appeals in L&M Bus Corp., et al., v. the New York City Department of Education, et al. (L&M), DOE did not include EPPs or similar provisions in solicitations for its school bus contracts. After the issuance of the first such post-L&M solicitation, there was a school bus strike in January and February of 2013. 

 

DSBS’s grant program, created by Local Law 44 of 2014, was designed to encourage school bus contractors providing transportation services to DOE to maintain the wages and benefits of those employees who had prior experience in the industry.  The 2014-15, 2015-16 and 2016-17 grant programs successfully supported the employment of approximately 1200 school bus workers.  This proposed rule continues the school bus employee grant program for the 2017-18 school year.

Subject: 

Continuation of School Bus Grant Program

Location: 
New York City Department of Small Business Services 7th Floor
110 William Street
New York, NY 10038
Contact: 

No contact

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

Statement of Basis and Purpose of Rule

Chapter 6 of Title 66 of the New York City Rules outlines the Industry Ownership Program (the “Program”). This Program provided grants to certain industry groups to pay for eligible expenses in acquiring and renovating a building. Applications must have been submitted by the close of business on April 28, 1989. Therefore, because this Program no longer exists, the Department is proposing to repeal the rules.

Chapter 7 of Title 66 of the New York City Rules outlines the Industrial Security Grant Program (the “Program”). The Program provided grants to eligible industrial businesses to purchase security equipment. This Program no longer exists; therefore, the Department is proposing to repeal the rules.

Chapter 8 of Title 66 of the New York City Rules outlines the Commercial Security Grant Program (the “Program”). The Program provided grants to commercial businesses for the costs of purchasing and installing security equipment. The Program was part of New York City's commercial business retention effort. The program was designed to enable groups of commercial businesses in selected low and moderate income neighborhoods located in designated areas to obtain technical assistance provided by the Department and the New York City Police Department for proven, cost effective crime prevention techniques to reduce burglary, robbery, pilferage, and other threats to property and personal safety within the premises of participating merchants and in areas where participating merchants and other commercial businesses were located. This Program no longer exists; therefore, the Department is proposing to repeal the rules.

Chapter 9 of Title 66 of the New York City Rules outlines the Energy Services pursuant to Local Law No. 49 of 1987 (the “Program”). The Program provided a benefit to electricity redistributors who purchased electricity from a utility or any other person, corporation or other entity and on a metered or unmetered basis, resold or otherwise redistributed for any consideration such electricity to a non-residential energy user. This Program no longer exists; therefore, the Department is proposing to repeal the rules.

Working with the City’s rulemaking agencies, the Law Department, and the Office of Management and Budget, the Office of Operations conducted a retrospective rules review of the City’s existing rules, identifying those rules that will be repealed or modified to reduce regulatory burdens, increase equity, support small businesses, and simplify and update content to help support public understanding and compliance. This proposed rule repeal was identified through this initiative.

Effective Date: 
Mon, 06/05/2017

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

Statement of Basis and Purpose

During the 2014-15 and 2015-16 school years, the Department of Small Business Services (DSBS) administered a grant program to support the employment of experienced school bus workers who have been impacted by changes in the Department of Education’s (DOE) contracts for school bus transportation.  Pursuant to the authority vested in DSBS by New York City Charter § 1301, DSBS is proposing a rule that would continue the grant program for the 2016-17 school year.

Since 1979, following a school bus strike, DOE’s school bus contracts included employee protection provisions (EPPs) requiring school transportation contractors, among other things, to give priority in hiring to employees who became unemployed because of their employers’ loss of DOE bus contract work and to pay such employees the same wages and benefits they had received prior to becoming unemployed.

Following the 2011 decision by the New York State Court of Appeals in L&M Bus Corp., et al., v. the New York City Department of Education, et al. (L&M), DOE did not include EPPs or similar provisions in solicitations for its school bus contracts. After the issuance of the first such post-L&M solicitation, there was a school bus strike in January and February of 2013. 

DSBS’s grant program, created by Local Law 44 of 2014, was designed to encourage school bus contractors providing transportation services to DOE to maintain the wages and benefits of those employees who had prior experience in the industry.  The 2014-15 and 2015-16 grant programs successfully supported the employment of approximately 1200 school bus workers.  This proposed rule continues the school bus employee grant program for the 2016-17 school year.

Effective Date: 
Mon, 04/10/2017

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Thursday, April 6, 2017
Proposed Rules Content: 

 

Statement of Basis and Purpose of Proposed Rule

Chapter 6 of Title 66 of the New York City Rules outlines the Industry Ownership Program (the “Program”). This Program provided grants to certain industry groups to pay for eligible expenses in acquiring and renovating a building. Applications must have been submitted by the close of business on April 28, 1989. Therefore, because this Program no longer exists, the Department is proposing to repeal the rules.

Chapter 7 of Title 66 of the New York City Rules outlines the Industrial Security Grant Program (the “Program”). The Program provided grants to eligible industrial businesses to purchase security equipment. This Program no longer exists; therefore, the Department is proposing to repeal the rules.

Chapter 8 of Title 66 of the New York City Rules outlines the Commercial Security Grant Program (the “Program”). The Program provided grants to commercial businesses for the costs of purchasing and installing security equipment. The Program was part of New York City's commercial business retention effort. The program was designed to enable groups of commercial businesses in selected low and moderate income neighborhoods located in designated areas to obtain technical assistance provided by the Department and the New York City Police Department for proven, cost effective crime prevention techniques to reduce burglary, robbery, pilferage, and other threats to property and personal safety within the premises of participating merchants and in areas where participating merchants and other commercial businesses were located. This Program no longer exists; therefore, the Department is proposing to repeal the rules.

Chapter 9 of Title 66 of the New York City Rules outlines the Energy Services pursuant to Local Law No. 49 of 1987 (the “Program”). The Program provided a benefit to electricity redistributors who purchased electricity from a utility or any other person, corporation or other entity and on a metered or unmetered basis, resold or otherwise redistributed for any consideration such electricity to a non-residential energy user. This Program no longer exists; therefore, the Department is proposing to repeal the rules.

Working with the City’s rulemaking agencies, the Law Department, and the Office of Management and Budget, the Office of Operations conducted a retrospective rules review of the City’s existing rules, identifying those rules that will be repealed or modified to reduce regulatory burdens, increase equity, support small businesses, and simplify and update content to help support public understanding and compliance. This proposed rule repeal was identified through this initiative.

Small Business Service’s authority for these rules is found in section 1043 and 1301 of the New York City Charter.

Subject: 

Repeal of Expired Rules

Location: 
Download Copy of Proposed Rule (.pdf): 

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Tuesday, January 31, 2017
Proposed Rules Content: 

 Statement of Basis and Purpose

  During the 2014-15 and 2015-16 school years, the Department of Small Business Services (DSBS) administered a grant program to support the employment of experienced school bus workers who have been impacted by changes in the Department of Education’s (DOE) contracts for school bus transportation.  Pursuant to the authority vested in DSBS by New York City Charter § 1301, DSBS is proposing a rule that would continue the grant program for the 2016-17 school year.

  Since 1979, following a school bus strike, DOE’s school bus contracts included employee protection provisions (EPPs) requiring school transportation contractors, among other things, to give priority in hiring to employees who became unemployed because of their employers’ loss of DOE bus contract work and to pay such employees the same wages and benefits they had received prior to becoming unemployed.

  Following the 2011 decision by the New York State Court of Appeals in L&M Bus Corp., et al., v. the New York City Department of Education, et al. (L&M), DOE did not include EPPs or similar provisions in solicitations for its school bus contracts. After the issuance of the first such post-L&M solicitation, there was a school bus strike in January and February of 2013. 

            DSBS’s grant program, created by Local Law 44 of 2014, was designed to encourage school bus contractors providing transportation services to DOE to maintain the wages and benefits of those employees who had prior experience in the industry.  The 2014-15 and 2015-16 grant programs successfully supported the employment of approximately 1200 school bus workers.  This proposed rule continues the school bus employee grant program for the 2016-17 school year.

 

Subject: 

Extension of School Bus Drivers Grant Program

Location: 
110 William Street (7th Floor)
New York, NY 10038
Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

Statement of Basis and Purpose

The Department of Small Business Services (“DSBS”) supports and administers programs designed to benefit neighborhood commercial streets, industrial areas and other economic centers. Since the late 1970’s, DSBS has administered commercial revitalization grants for nonprofit organizations to carry out neighborhood revitalization and community economic development, planning and capacity building activities and services, such as planning, administration, economic development, public services, non-profit organization capacity building, and public facility improvements.

DSBS is promulgating a rule to establish a new program - the Neighborhood 360 Grant Program - to support the economic vitality of commercial districts across New York City by directly addressing locally identified community development needs.   The Neighborhood 360 program will support the Mayor’s Housing Plan, which calls for a denser city with a better plan for growth through investments in both infrastructure and services that will make neighborhoods more livable.  Specifically, the Neighborhood 360 program would support the Mayor’s Housing Plan by working directly with local stakeholders to assess commercial district needs and providing necessary funding to nonprofit organizations to develop and deliver services that will protect a neighborhood’s small business character while improving the collective commercial climate and quality of life to better serve a growing community.

Neighborhood 360 grants will fund commercial revitalization projects located in geographic areas identified by DSBS and could include: neighborhood beautification projects, supplemental sanitation and public safety services, public space activation/maintenance/management, branding/marketing campaigns, production and coordination of local events, business improvement district planning, merchant organizing, retail recruitment strategy development, minor physical improvements to the public realm, neighborhood planning, organizational development, and general program administration.

“Shall” and “must” denote mandatory requirements and may be used interchangeably in the rules of this department, unless otherwise specified or unless the context clearly indicates otherwise.

Effective Date: 
Mon, 08/29/2016

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Friday, July 15, 2016
Proposed Rules Content: 

 Statement of Basis and Purpose

The Department of Small Business Services (“DSBS”) supports and administers programs designed to benefit neighborhood commercial streets, industrial areas and other economic centers. Since the late 1970’s, DSBS has administered commercial revitalization grants for nonprofit organizations to carry out neighborhood revitalization and community economic development, planning and capacity building activities and services, such as planning, administration, economic development, public services, non-profit organization capacity building, and public facility improvements.

DSBS is proposing a rule to establish a new program - the Neighborhood 360 Grant Program - to support the economic vitality of commercial districts across New York City by directly addressing locally identified community development needs.   The Neighborhood 360 program will support the Mayor’s Housing Plan, which calls for a denser city with a better plan for growth through investments in both infrastructure and services that will make neighborhoods more livable.  Specifically, the Neighborhood 360 program would support the Mayor’s Housing Plan by working directly with local stakeholders to assess commercial district needs and providing necessary funding to nonprofit organizations to develop and deliver services that will protect a neighborhood’s small business character while improving the collective commercial climate and quality of life to better serve a growing community.

           Neighborhood 360 grants will fund commercial revitalization projects located in geographic areas identified by DSBS and could include: neighborhood beautification projects, supplemental sanitation and public safety services, public space activation/maintenance/management, branding/marketing campaigns, production and coordination of local events, business improvement district planning, merchant organizing, retail recruitment strategy development, minor physical improvements to the public realm, neighborhood planning, organizational development, and general program administration.

          “Shall” and “must” denote mandatory requirements and may be used interchangeably in the rules of this department, unless otherwise specified or unless the context clearly indicates otherwise.

 

Subject: 

Neighborhood 360 Grant Program

Location: 
110 William Street (4th Floor hearing room)
New York, NY 10038
Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

Statement of Basis and Purpose

During the 2014-15 school year, the Department of Small Business Services (DSBS) administered a grant program to support the employment of experienced school bus workers who were impacted by recent changes in the Department of Education’s (DOE) contracts for school bus transportation.  Pursuant to the authority vested in DSBS by New York City Charter § 1301, DSBS is proposing a rule that would continue the grant program for the 2015-16 school year.

For three decades beginning in 1979, following a school bus strike, DOE’s school bus contracts included employee protection provisions (EPPs) requiring school transportation contractors, among other things, to give priority in hiring to employees who became unemployed because of their employers’ loss of DOE bus contract work and to pay such employees the same wages and benefits they had received prior to becoming unemployed.

Following the 2011 decision by the New York State Court of Appeals in L&M Bus Corp., et al., v. the New York City Department of Education, et al., DOE did not include EPPs or similar provisions in solicitations for its school bus contracts, which had included such provisions for over 30 years. After the issuance of the first such post-L&M solicitation, there was a school bus strike in January and February of 2013.

At the end of the 2013-2014 school year, school transportation contracts with 18 vendors providing service on approximately 1,500 routes expired. These contracts were replaced with contracts that did not have EPPs. Faced with the likelihood that the school bus drivers, attendants, mechanics and dispatchers working on the 2013-2014 contracts would become unemployed or would experience significant cuts in wages and benefits, the City enacted local legislation to  encourage school bus contractors providing transportation services to DOE to hire those drivers, attendants, mechanics and dispatchers who had been working in the 2013-2014 school year and to maintain the level of wages and benefits those employees had been receiving.  The grant program established by this legislation, Local Law 44 of 2014, supported the employment of approximately 1200 school bus workers. This program accomplished the important purpose of ensuring employment stability for these workers and continued, efficient service in the 2014-15 school year. 

This grant program had been established as an interim solution. During the legislative session that ended two months ago, the City sought a change to state law that would have provided a long-term solution to potential labor disruption and worker instability, as well as other problems arising out of recent events surrounding the school bus contracts. Unfortunately, the state legislature did not enact the amendments that the City sought. Therefore, the City needs to take steps once again this year to ensure stability for these drivers and attendants, mechanics and dispatchers who face the loss of their jobs or cuts in their wages and benefits. Modeled on Local Law 44 of 2014, this proposed rule would continue the grant program that had been established last year. 

The continuation of this grant program for the 2015-2016 school year serves the same important purposes that the City had identified last year: securing efficient and reliable bus service for the City’s school children and avoiding layoffs and wage and benefit cuts to the drivers and attendants operating the City’s school buses. In view of the state legislature’s failure to enact amendments, the problems that the grant program addressed last year are of equal significance and urgency this year. This rule will enable DSBS to continue to administer the grant program, and in this way, help secure reliable school bus transportation and labor stability by exercising the power and duty of the Commissioner of Small Business Services under the City Charter to disburse funds for employment programs in the City.

Effective Date: 
Mon, 11/30/2015

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Tuesday, October 20, 2015
Proposed Rules Content: 

 Statement of Basis and Purpose

During the 2014-15 school year, the Department of Small Business Services (DSBS) administered a grant program to support the employment of experienced school bus workers who were impacted by recent changes in the Department of Education’s (DOE) contracts for school bus transportation.  Pursuant to the authority vested in DSBS by New York City Charter § 1301, DSBS is proposing a rule that would continue the grant program for the 2015-16 school year.

For three decades beginning in 1979, following a school bus strike, DOE’s school bus contracts included employee protection provisions (EPPs) requiring school transportation contractors, among other things, to give priority in hiring to employees who became unemployed because of their employers’ loss of DOE bus contract work and to pay such employees the same wages and benefits they had received prior to becoming unemployed.

Following the 2011 decision by the New York State Court of Appeals in L&M Bus Corp., et al., v. the New York City Department of Education, et al., DOE did not include EPPs or similar provisions in solicitations for its school bus contracts, which had included such provisions for over 30 years. After the issuance of the first such post-L&M solicitation, there was a school bus strike in January and February of 2013. 

At the end of the 2013-2014 school year, school transportation contracts with 18 vendors providing service on approximately 1,500 routes expired. These contracts were replaced with contracts that did not have EPPs. Faced with the likelihood that the school bus drivers, attendants, mechanics and dispatchers working on the 2013-2014 contracts would become unemployed or would experience significant cuts in wages and benefits, the City enacted local legislation to  encourage school bus contractors providing transportation services to DOE to hire those drivers, attendants, mechanics and dispatchers who had been working in the 2013-2014 school year and to maintain the level of wages and benefits those employees had been receiving.  The grant program established by this legislation, Local Law 44 of 2014, supported the employment of approximately 1200 school bus workers. This program accomplished the important purpose of ensuring employment stability for these workers and continued, efficient service in the 2014-15 school year.  

This grant program had been established as an interim solution. During the legislative session that ended two months ago, the City sought a change to state law that would have provided a long-term solution to potential labor disruption and worker instability, as well as other problems arising out of recent events surrounding the school bus contracts. Unfortunately, the state legislature did not enact the amendments that the City sought. Therefore, the City needs to take steps once again this year to ensure stability for these drivers and attendants, mechanics and dispatchers who face the loss of their jobs or cuts in their wages and benefits. Modeled on Local Law 44 of 2014, this proposed rule would continue the grant program that had been established last year.  

The continuation of this grant program for the 2015-2016 school year serves the same important purposes that the City had identified last year: securing efficient and reliable bus service for the City’s school children and avoiding layoffs and wage and benefit cuts to the drivers and attendants operating the City’s school buses. In view of the state legislature’s failure to enact amendments, the problems that the grant program addressed last year are of equal significance and urgency this year. This rule will enable DSBS to continue to administer the grant program, and in this way, help secure reliable school bus transportation and labor stability by exercising the power and duty of the Commissioner of Small Business Services under the City Charter to disburse funds for employment programs in the City.

Subject: 

Grants to Companies that Provide School Bus Transportation

Location: 
110 William Street (4th Floor Hearing room)
New York, NY 10038
Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

Statement of Basis and Purpose

Local Law 142 (2013), which amended section 16-324 and added section 16-329 of the New York City Administrative Code (Ad. Code), establishes a prohibition on the use of expanded polystyrene single service articles and expanded polystyrene loose fill packaging in New York City and establishes violations and penalties for businesses that continue to use these items in contravention of the law.  Local Law 142 also provides that any not-for-profit corporation, regardless of its income, and any food service establishment, mobile food commissary, or store that had a gross income under five hundred thousand dollars per location on their annual income tax filing for the most recent tax year and is not part of a chain food service establishment or a chain store may request from the Commissioner of DSBS, in a manner and form established by the DSBS Commissioner, a financial hardship waiver of the requirements of section 16-329 of the Ad. Code.  Such waiver request may apply to one or more single service articles possessed, sold, or offered for use by any such not-for-profit corporation, food service establishment, mobile food commissary, or store.  The DSBS Commissioner shall, after consultation with the New York City Department of Sanitation (DSNY) Commissioner, grant such waiver if such not-for-profit corporation, food service establishment, mobile food commissary, or store proves: (1) that there is no comparable alternative product not composed of expanded polystyrene that would cost the same as or less than the single service article composed of expanded polystyrene, and (2) that the purchase or use of an alternative product not composed of expanded polystyrene would create an undue financial hardship. Such fi-nancial hardship waiver shall be valid for twelve months and shall be renewable upon application to the DSBS Commissioner.  A pending application for such financial hardship waiver shall be a de-fense to any notice of violation issued pursuant to Section 16-329 of the Ad. Code to which such pending application relates and such notice of violation shall be dismissed.

The rules establish the manner and form for the submission of waiver applications.

Effective Date: 
Thu, 07/23/2015

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