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Proposed Rules: Closed to Comments

Agency:
Comment By: 
Wednesday, January 18, 2017
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

Local Law Number 38 of 2015 amended Section 24-146 of the Administrative Code, which provides for the issuance of an abatement order when it is found that work is being performed in violation of the provisions of Section 24-146.

DEP is proposing these rules, as required by Section 24-146(f)(5)(iii), to establish a procedure for requesting a hearing to appeal a written abatement order as a new Chapter 45 of title 15 of the Rules of the City of New York (RCNY).

DEP is also amending Chapter 32 of title 15 of the Rules to add the hearing for appeal of written abatement orders provided for in the new Chapter 45 to the list of adjudicatory hearings that can be conducted by DEP.

In addition, Chapter 32 is being amended to simplify complex legal references and to update obsolete references, including the repeal of subdivisions (f), (g) and (h) of 15 RCNY §32-01. Subdivision (f) is being repealed because the reference to noise sensitive zones in Administrative Code § 24-229(b) was repealed as part of the revision to the Noise Pollution Control Code by Local Law 113 of 2005. Subdivision (g) is being repealed because the reference to Environmental Ratings in Administrative Code § 24-154(b) was repealed as part of the revision to the Air Pollution Control Code by Local Law 38 of 2015. Subdivision (h) is being repealed because the reference to “approved noise consultants” incorrectly referenced the Air Pollution Code, and the process to appeal a revocation as a noise consultant is already set forth accurately in 15 RCNY § 32-01(b). Finally, this rule would allow parties in Department hearings to select the option of e-mail notification of the Department’s final determination.

Consistent with the above, DEP promulgates the following new Rule, to be found at 15 RCNY Chapter 45 and 15 RCNY Chapter 32.

The Rule is authorized by Section 1043 of the Charter and sections 24-105 and 24-146 of the Administrative Code.

Subject: 

Appeal of Abatement Orders

Location: 
NYC DEP 8th Floor Conference Room
59-17 Junction Blvd. 8th Floor Conference Room
Flushing, NY 11373
Contact: 

No contact

Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Amendment of Highway Rules: Sections 2-01 through 2-09, 2-11 through 2-14, and 2-20.

Effective Date: 
Sun, 08/07/2016

Proposed Rules: Closed to Comments (View Public Comments Received:1)

Agency:
Comment By: 
Thursday, April 28, 2016
Proposed Rules Content: 

 Statement of Basis and Purpose of Proposed Rule

The Commissioner of the New York City Department of Transportation (DOT) is authorized to issue rules regarding highway operations in the City pursuant to Section 2903(b) of the New York City Charter.

The purpose of the proposed rule is to provide clearer, more concise language, and to update the following provisions of the Highway Rules: sections 2-01 through 2-09, 2-11 through 2-14, and 2-20.

More specifically, sections 2-01, 2-02(c), 2-04(c), 2-04(g), 2-06(b), 2-06(d), 2-08(b), 2-09, 2-11(c), 2-11(e), 2-11(f), 2-12(a), 2-13(g), 2-13(l), 2-13(n), 2-13(o), 2-14(a), and 2-20(a) are amended to distinguish between two documents referenced in the Highway Rules: 1) the Standard Highway Specifications (“Standard Specifications”), and 2) the Standard Details of Construction (“Standard Detail Drawings”), both of which are drafted and issued by the New York City Department of Design and Construction. The Standard Specifications contain detailed information on the specifications for standard materials. The Standard Detail Drawings provide typical construction details.

Sections 2-02(a)(1), (2) and (4) are amended to accurately reflect current DOT practice regarding permit applications and bonds.

Section 2-02(b) is amended to delete the obsolete reference to commercial refuse containers with respect to permit reviews, since these permits are now available online.

Section 2-02(d) is amended to clarify that if a timely Corrective Action Request (CAR) protest is granted, the CAR fee will be waived.  A CAR is a formal notice by DOT that work performed, and/or a condition created or maintained on a street, is in violation of the Highway Rules or applicable law, and a request that the permittee take action to correct the work and/or condition. Permittees may protest the issuance of a CAR. This change will promote timely submissions of CAR protests.

Section 2-02 (m) is amended to refer to section 2-07, which is being amended to make clear that a permittee must obtain an emergency number from DOT during a DOT embargo period for emergency work involving an underground street access cover (also known as utility access covers or “manholes”). 

Section 2-03 is amended to delete the fee for obtaining permits to install bicycle racks or decorative planters because DOT no longer issues these permits, which are now covered under a revocable consent pursuant to Section 7-04 of Title 34 of the Rules of the City of New York.

Sections 2-05(c)(2), (d)(11), (d)(15), and (j)(5) and Sections 2-11(e)(4), (e)(6), (e)(10), (e)(11), and (g)(2) are amended to replace references to Section 2-01.1 with Section 2-02(h) and clarify that permittees are required to keep their work sites safe.

Sections 2-05(d)(2) and (19) are amended to clarify that any protective covering placed on the street must be placed beneath all construction material or equipment when delivered by the managing agent, distributor, or owner of the container, and must also be maintained by the general contractor while the material or equipment occupies the street. 

Section 2-07 (a) is amended to require a permittee to obtain an emergency number from DOT during a DOT embargo period for emergency work involving an underground street access cover (also known as utility access covers or “manholes”). 

Sections 2-07(a)(8), 2-11(e)(4)(v), and 2-11(g)(2)(xiii) are amended to clarify when flagpeople are expected to be placed at a job site.

Section 2-07(b)(2) is amended to require a permit to maintain a steel plate that is covering either a defective maintenance cover or grating (also known as hardware) or any street condition found within an area extending 12 inches outward from the perimeter of the defective hardware or street condition, even where no excavation has been made.  There are a number of defective hardware conditions on city streets that require a steel plate cover to maintain public safety until the condition is repaired. This often results in steel plates on the streets with no clear indication of whether they are covering an open excavation or defective hardware, and may on occasion result in unnecessary summonses issued for failure to obtain a permit for an open excavation.  This amendment is designed to eliminate the confusion by providing DOT with information on the location of such steel plates, as well as the name of the plate owner.

Section 2-11(e)(2) is amended to allow for the use of the rock wheel or other DOT-approved tools when pre-cutting pavement.  Typically, handheld tools must be utilized to pre-cut pavement. However, DOT has on occasion authorized the use of the rock wheel to pre-cut pavement.  This change will allow DOT the flexibility to determine which tools are sufficient when pre-cutting pavement.  Section 2-11(e)(2) is also amended to add a reference to new Standard Detail Drawing #H-1042. 

Section 2-11(e)(10) is amended by adding and clarifying several requirements regarding plating and decking.

Section 2-11(e)(11)(iv) is amended to prohibit substituting asphalt for concrete, and to require all concrete-base roadway restorations to be the same depth and greater than or equal to the existing strength as the original base.  The consistency and stability of asphaltic material is not the same as concrete. This change will better protect the integrity of city streets.

Section 2-11(e)(11)(vii) is amended by deleting an administrative requirement regarding the plating of shallow conduits and pipes.

Section 2-11(e)(12)(ii) is amended to require a maximum settlement of half an inch for permanent restoration pavement during the life of the guarantee period.

Section 2-11(e)(12)(viii) is amended to include and clarify the requirement that sealant must be properly maintained throughout the life of the guarantee period. Currently, the rules require the wearing course to be properly sealed at the edges; however, it does not specifically state that such sealant must be properly maintained throughout the life of the guarantee period.

Section 2-11(e)(12)(xi) is deleted and replaced with the requirement that all trenches must have a minimum opening width of 18 inches in accordance with updated Standard Detail Drawing #H-1042.

Section 2-11(f)(4)(i) is amended by adding that the paving schedule must conform to DOT’s requirements, including but not limited to the permittee name, location of work (on, to and from street), and proposed start time. Additionally, the change allows for the transmission of the paving schedule via e-mail or other department-approved method. 

Section 2-14(f) is amended to clarify provisions relating to commercial refuse containers (CRC).  Based on some decisions issued by the New York City Environmental Control Board, the definition of CRCs must be updated to include not just the placement but also the maintenance and storage of containers.  This definition better reflects how the commercial carting industry works and DOT’s expectations of such carting companies.  This amendment also adds a requirement that any protective covering placed on the street must be maintained by the permittee during the entire period the CRC occupies the street.  This change will prevent CRC companies from using the public roadway indefinitely to store containers and to prevent these containers from scarring the roadway because of removed or displaced protection.

Subject: 

Amendment of Highway Rules.

Location: 
55 Water Street (Bid Room)
New York, NY 10041

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Effective July 1, 2013, a construction or demolition project requiring a New York City Department of Buildings permit and whose site is enclosed with a fence or contains a sidewalk shed must comply with the signage requirements of Local Law 47 for the year 2013. The purpose of this rule is to clarify existing New York City Department of Transportation (DOT) signage requirements for its permittees so that these requirements do not conflict with the new local law. The rule will achieve this goal by: • Distinguishing between two different signs currently required by DOT: (1) signage along a series of excavations or street openings, and (2) signage for any project with a projected completion time of three months or more; and • Listing the various content requirements for each type of required sign.

Effective Date: 
Wed, 04/16/2014

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Wednesday, February 19, 2014
Proposed Rules Content: 

 

Statement of Basis and Purpose of Proposed Rule

Effective July 1, 2013, a construction or demolition project requiring a New York City Department of Buildings permit and whose site is enclosed with a fence or contains a sidewalk shed must comply with the signage requirements of Local Law 47 for the year 2013.

The purpose of this proposed rule is to clarify existing New York City Department of Transportation (DOT) signage requirements for its permittees so that these requirements do not conflict with the new local law. The proposed rule will achieve this goal by:

·        Distinguishing between two different signs currently required by DOT: (1) signage along a series of excavations or street openings, and (2) signage for any project with a projected completion time of three months or more; and

·        Listing the various content requirements for each type of required sign.

DOT’s authority for these rules is found in sections 2903(b)(1) and (5)of the New York City Charter.

 

Subject: 

DOT rule proposing to clarify signage requirments for DOT permittees

Location: 
BID Room A
55 Water Street, Ground Floor Entrance is located on the south side of the building facing the Vietnam Veterans Memorial
New York, NY 10041
Contact: 

Joseph P. Noto

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Tuesday, November 12, 2013
Proposed Rules Content: 

 

 

Statement of Basis and Purpose

 

The Commissioner of the New York City Department of Small Business Services (“DSBS”) intends to promulgate an amendment to Section 11-61 of Chapter 11 of Title 66 of the Rules of the City of New York pursuant to §1304 of the New York City Charter and § 6-129(d)(4) of the New York City Administrative Code. The City’s MWBE Program, originally enacted by Local Law 129 (2005), and codified in section 1304 of the New York City Charter and section 6-129 of the Administrative Code (Ad. Code), establishes goals for participation by minority-owned business enterprises (MBEs) and women-owned business enterprises (WBE’s) as contractors and subcontractors in the categories of construction, standard services, professional services and goods valued under $1 million.

 

Local Law 1 of 2013 amends these provisions by, among other things:

  • changing the participation goals for each of the four procurement categories
  • removing the million dollar cap on construction, professional services, and standard services procurements for which goals may be established, and
  • lowering the cap from $1 million dollars to $100,000 for goods contracts for which goals may be established.

The proposed rule implements the above provisions of Local Law 1; other rules will be proposed to implement other changes made by Local Law 1.

 

The new goals were established based on a Disparity Data Analysis conducted by the Mayor’s Office of Contracts Services, and incorporated as Appendix A in the Committee Report of the City Council’s Government Affairs Division and Committee on Contracts, dated December 17, 2012 (Local Law 1 Committee Report). That analysis compared the availability of MBEs and WBEs in the four procurement categories to their utilization as contractors and subcontractors in City procurements.

 

This proposed rule amends all the goals in Section 11-61 of Chapter 11 of Title 66 of the Rules of the City of New York to match with the new goals established by Local Law (except for the goal enacted in error, as explained below, for WBEs in the professional services category).

 

When Local Law 1 was drafted, it was intended that for each category where a significant disparity between availability and utilization was identified in the Disparity Data Analysis, a goal would be set corresponding to the availability of MBEs or WBEs in the category. The goal identified by the Analysis for WBEs in the professional services category was 17%; however, due to a drafting error, the goal enacted in Local Law 1 was incorrectly listed as 37%.

 

To reflect the correct goal of 17% for WBEs in the professional services category, the Commissioner is exercising his authority under Ad. Code § 6-129(d)(4) periodically to review the availability and utilization rates for MBEs and WBEs and, where appropriate, to revise the Citywide participation goals set forth in that section. This is being done in consultation with the City’s Chief Procurement Officer, as required by §6-129(d)(4). The section also provides that results of the review and any proposed revision to the goals are to be submitted to the Speaker of the City Council at least 60 days prior to publishing a rule that would revise the goals. The results of the review have already been provided to the Council, and, as noted above, the Council has included them in the Local Law 1 Committee Report.

 

 

Subject: 

Opportunity to comment on proposed amendments to rules concerning participation by minority-owned and women-owned business enterprises in City procurement, including a correction of the goal for participation by women-owned business enterprises in procurements for professional services.

Location: 
110 William Street, 4th Floor
New York, NY 10038
Contact: 

Anne Rascon
Deputy Commissioner, Division of Financial and Economic Opportunity
Department of Small Business Services
110 William Street, 2nd Floor
New York, New York 10038

Download Copy of Proposed Rule (.pdf): 

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Tuesday, November 12, 2013
Proposed Rules Content: 

 

 

Statement of Basis and Purpose

 

The City’s M/WBE Program, originally enacted by Local Law 129 (2005), and codified in section 1304 of the New York City Charter and section 6-129 of the Administrative Code (Ad. Code), establishes goals for participation by minority-owned business enterprises (MBEs), women-owned business enterprises (WBEs), and emerging business enterprises (EBEs) as contractors and subcontractors in the categories of construction, standard services, professional services, and goods valued under $1 million. Local Law 129 (2005) also requires the Commissioner to establish and operate, on behalf of the City, a centralized program for the certification of MBEs, WBEs and EBEs for the purposes of establishing the eligibility of such businesses for participation in the programs and processes established pursuant to local law to ensure their meaningful participation in City procurement.

 

Local Law 1 of 2013 amends these provisions by, among other things:

 

  • changing the participation goals for each of the four procurement categories (construction, standard services, professional services, and goods);

 

  • removing the million dollar cap on construction, professional services, and standard services procurements for which a City agency may establish goals;

 

  • lowering the cap from $1 million dollars to $100,000 for goods contracts for which a City agency may establish goals;

 

  • modifying defined terms and adding new defined terms;

 

  • changing the definition of “Graduate MBE and/or WBE” and “Graduate EBE” as well as adding new requirements that during the certification and recertification process, SBS determine whether a firm qualifies as a Graduate MBE, Graduate WBE or Graduate EBE and that SBS implement a process for applicable business entities to challenge such a determination as well as a process for having such a designation lifted;

 

  • adding new division requirements regarding oversight of the M/WBE Program, the provision of technical assistance and the promotion of joint ventures;

 

  • adding a new requirement that SBS perform site visits for at least 5% of new MBE and/or WBE as well as EBE certification applications in a given fiscal year; and

 

  • modifying the criteria and procedures for SBS to utilize in determining whether firms certified as MBEs and/or WBEs by other governmental entities can be recognized as certified business enterprises by the City.

 

The proposed rule amendments to Subchapters B, D and E of Chapter 11 of Title 66 of the Rules implement the above provisions of Local Law 1 of 2013 and conform to the new requirements established by Local Law.

 

In a separate, simultaneously published proposed rule, DSBS is amending the goals in Section 11-61 of Chapter 11 of Title 66 of the Rules of the City of New York to match the new goals established by Local Law 1. The intent of Local Law 1 was to set goals corresponding to the availability of MBEs or WBEs in categories where a significant disparity between availability and utilization was identified in the Disparity Data Analysis. The goal identified by the Analysis for WBEs in the professional services category was 17 percent; however, due to a legislative drafting error, the goal enacted in Local Law 1 was incorrectly listed as 37 percent. To reflect the correct goal of 17 percent for WBEs in the professional services category, the Commissioner will be exercising the authority provided under Ad. Code § 6-129(d)(4) periodically to review the availability and utilization rates for MBEs and WBEs and, where appropriate, to revise the Citywide participation goals set forth in that section. Section 6-129(d)(4) also provides that DSBS submit the results of the review and any proposed revision to the goals to the Speaker of the City Council at least 60 days prior to publishing a rule that would revise the goals. DSBS has already provided the results of the review to the Council, and, as noted above, the Council has included them in the Local Law 1 Committee Report. DSBS has notified the Speaker of the proposed rulemaking and the 60 day period has since elapsed.

 

 

Subject: 

Opportunity to comment on proposed amendments to rules concerning participation by and opportunities for minority-owned, women-owned and emerging business enterprises in City procurement.

Location: 
110 William Street, 4th Floor
New York, NY 10038
Contact: 

Anne Rascon
Deputy Commissioner, Division of Financial and Economic Opportunity
Department of Small Business Services
110 William Street, 2nd Floor
New York, New York 10038

Download Copy of Proposed Rule (.pdf): 

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Tuesday, April 23, 2013
Proposed Rules Content: 

 

 

Statement of Basis and Purpose

 

The Commissioner of the New York City Department of Transportation (“Department”) is authorized to promulgate rules regarding highway operations in the City pursuant to Section 2903(b) of the New York City Charter.

The purpose of the proposed rule is to clarify the requirement that a permittee who has obtained a street opening permit on a protected street must also obtain a confirmation number prior to the expiration of such permit, and provide guidance on the process for obtaining the confirmation number. This process will provide the permittee with an opportunity to update the Department regarding the status of any work on a protected street.

 

The proposed rule will achieve this goal by:

·        Requiring all permittees who have obtained a street opening permit on a protected street to also obtain a confirmation number,

·        Updating the information of how to obtain a confirmation number, and

·        Providing guidance on when permittees should obtain a confirmation number, specifically permittees planning to engage in restoration work on a protected street.

 

Backgroud

In 2011, an amendment to Section 2-11(f)(4) of Title 34 of the Rules of the City of New York was adopted. The amendment requires every permittee who obtains a protected street opening permit to also obtain a confirmation number from the Department. In an effort to clarify this requirement, the Department is proposing the below amendments to Sections 2-11(f)(2) and 2-11(f)(4)(i) of Title 34 of the Rules of the City of New York. With this amendment the Department is seeking to explain the conditions associated with protected street opening permits and make clear that a confirmation number is required for each protected street permit obtained.

 

 

Subject: 

Opportunity to comment on proposed amendment by the Department of Transportation of rules relating to confirmation numbers for street opening permits on protected streets.

Location: 
New York City Department of Transportation
55 Water Street 8th Floor, Room 809
New York, NY 10041
Contact: 

Joseph Yacca
Director of Highway Inspection and Quality Assurance Operations
55 Water Street, 7th Floor
New York, NY 10041
212-839-8856