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Adopted Rules: Closed to Comments

Adopted Rules Content: 

 Statement of Basis and Purpose of Rule

The Fire Department is increasing the amounts it charges patients and insurers for Emergency Medical Service (EMS) ambulance transport service provided through the New York City 911 System, to reflect increased costs and help defray the City’s cost of providing these services.

The charges for ambulance service were last increased five years ago, in March 2012.  The new rates reflect a 10.4% increase in the salary of EMS and other Fire Department personnel. The rate increases will help the Fire Department recoup the cost of providing ambulance service and reduce the portion of such cost that is currently borne by City taxpayers.

The schedule of charges represents a single rate for BLS service, and separate rates for ALS1 and ALS2 levels of service.  The definition of BLS, ALS1 and ALS2 are determined by the Federal Department of Health and Human Services’ Centers for Medicare and Medicaid Services.

The charges set forth in the rule are the amounts that the Fire Department would bill for EMS ambulance treatment and transport service.  The charges do not necessarily reflect the amounts accepted by the Fire Department as payment for such services from government and private health insurance plans.

Effective Date: 
Sun, 03/12/2017

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Wednesday, July 27, 2016
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule
On May 6, 2016, Subchapter 5 of Title 24, Chapter 1 of the Administrative Code was repealed. The repealed subchapter had set forth fees for the Air Pollution Control Code. A rule was promulgated to replace the fees which had been set forth in the repealed subchapter; however, certain fees were not carried over. The purpose of the proposed rule is to carry over those omitted fees.

Subject: 

DEP is promulgating rules that would amend the existing fee rule for the Air Pollution Control Code.

Location: 
DEP 9th Floor Conference Room
59-17 Junction Blvd. 9th Floor
Flushing, NY 11373
Contact: 

Alyssa Preston

Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Proposed Rule
Subchapter 5 of Chapter 1 of Title 24 of the Administrative Code, which set forth fees to be imposed under the Air Pollution Control Code (the “Air Code”), was repealed by Local Law 38 of 2015, which has an effective date of May 6, 2016. This rule establishes fees to replace the repealed subchapter. The new fee schedule retains the existing fees and establishes fees for previously unregulated equipment that are regulated under the revised Air Code. These sources include char broilers, which require a registration, and cogeneration systems, which require a certificate of operation.
The new fee schedule also reflects the changes that have been made in the revised Air Code to reflect more accurate units of measurement for various types of equipment, such as kilowatts for generators and horsepower for engines. The current code uses British Thermal Units (btu) as the unit of measurement for all types of fuel burning equipment. The revised Air Code clarifies that the output of some types of equipment is more accurately measured by horsepower (HP) or kilowatts (KW) and the new fee schedule reflects this. The use of this more accurate terminology does not affect the fees imposed.
The fee schedule also reflects the change that has been made in the Air Code, which increases the threshold for boiler and engine registrations from 2.8 million Btu per hour to 4.2 million Btu per hour. By increasing the threshold, more boiler applications can be filed through the registration process, which is available for on-line filing.
Finally, the asbestos fees, which are set forth in Subchapter 6 of the current Air Code, were also repealed by Local Law 38 and are replaced by fees set forth in the rule. The amounts of the existing fees are unchanged.

Effective Date: 
Fri, 05/06/2016

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Monday, March 21, 2016
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule Subchapter 5 of Chapter 1 of Title 24 of the Administrative Code, which set forth fees to be imposed under the Air Pollution Control Code, was repealed by Local Law 38 of 2015, which has an effective date of May 6, 2016. The proposed rule establishes fees to replace the repealed subchapter. The new fee schedule retains the existing fees and establishes fees for previously unregulated equipment that will be regulated under the revised Air Code. These sources include char broilers, which will require a registration, and cogeneration systems, which will require a certificate of operation. The new fee schedule also reflects the changes that have been made in the revised Air Code to reflect more accurate units of measurement for various types of equipment, such as kilowatts for generators and horsepower for engines. The current code uses British Thermal Units (btu) as the unit of measurement for all types of fuel burning equipment. The revised Air Code clarifies that the output of some types of equipment is more accurately measured by horsepower (HP) or kilowatts (KW) and the new fee schedule reflects this. The use of this more accurate terminology does not affect the fees imposed. The revised fee schedule also reflects the change that has been made in the Air Code, which increases the threshold for boiler and engine registrations from 2.8 million Btu per hour to 4.2 million Btu per hour. By increasing the threshold, more boiler applications can be filed through the registration process, which is available for on-line filing. Finally, the asbestos fees, which are set forth in Subchapter 6 of the current Air Code, were also repealed by Local Law 38 and will be replaced by fees set forth in the proposed Rule. The amounts of the existing fees will not be changed.

Subject: 

Hearing to Establish Fees Under the Air Pollution Control Code.

Location: 
NYC DEP
59-17 Junction Blvd. 9 Floor Conference Rm.
Flushing, NY 11373
Contact: 

Russell Pecunies

Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

New York City Department of Parks & Recreation

 

 

 

notice of adoption

 

 

 

Revision of New York City Department of Park & Recreation’s Rules

 

 

 

 

 

NOTICE IS HEREBY GIVEN Pursuant to the authority vested in the Commissioner of the Department of Parks & Recreation (“the Department”) by Sections 389 and 533(a)(9) of the New York City Charter and in accordance with the requirement of Section 1043 of the New York City Charter, the Department hereby revises Chapter 2 to Title 56 of the Official Compilation of the Rules of the City of New York to add a new section 2-13.

 

 

 

Written comments regarding the rules were received in accordance with the notice published in the City Record or electronically through NYC RULES at www.nyc.gov/nycrules and a public hearing was held on June 25, 2015 at Chelsea Recreation Center, 430 West 25th Street, New York, NY  10001. 

 

 

 

Statement of Basis and Purpose

 

 

 

 

 

This rule establishes user fees for the Parks Department’s new Ocean Breeze Track & Field Athletic Complex at Ocean Breeze Park in Staten Island. The 135,000 square-foot indoor track and field facility features an eight-lane hydraulically banked track, enclosed track and field practice areas, and seating for 2,500 spectators. The two-story facility includes a ground-level warm-up track, fitness rooms, locker rooms and a 160-space parking garage. The Ocean Breeze Track & Field Athletic Complex hosts all levels of track and field competitions. The Ocean Breeze Track & Field Athletic Complex also provides indoor practice space for competitive runners and other track & field athletes, and other recreational programming for patrons of all ages and skill levels.  

 

 

 

The rule:

 

 

 

·         Establishes session fees for the exclusive use of the Ocean Breeze Track & Field Athletic Complex for track and field events during the indoor track season.     

 

 

 

·         Establishes membership fees for children, young adults, adults and senior citizens. Members have access to the track and field area, fitness rooms and recreational programming during scheduled times when the complex is not being exclusively used for athletic events and when there are no track and field practice times.

 

 

 

·         Establishes practice fees for the use of the complex’s second-floor track and field area at practice times during the indoor track season. The use of the track and field areas during these times is restricted to members and non-members who pay the practice fees.

 

 

 

The Parks Department’s authority for these rules is found in section 533 of the New York City Charter.

 

 

 

 

 

New material is underlined.

 

[Deleted material is in brackets.]

 

 

 

“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.

 

 

 

Section 1. Title 56 of the Official Compilation of the Rules of the City of New York is amended to add a new section 2-13 to read as follows:

 

 

 

Section 2-13  Membership Fees for Ocean Breeze Park Track and Field Athletic Complex. (a) Definitions.  For the purposes of this section, the following terms shall have the following meanings:

 

 

 

 

 

   Ocean Breeze Park Track & Field Athletic Complex. “Ocean Breeze Track & Field Athletic Complex” means the facility located at Ocean Breeze Park in Staten Island and under the jurisdiction of the Department, with a primary purpose of providing and/or hosting track and field-related recreational programming and events.

 

 

 

   Track & Field Area. “Track & Field Area” means the portion of the Ocean Breeze Track & Field Athletic Complex’s second floor containing the running track and adjacent enclosed practice areas.

 

 

 

  Track & Field Session. “Track & Field Session” means an athletic event with the exclusive use of the Ocean Breeze Track & Field Athletic Complex’s Track & Field Area, the ground-floor warm-up track and ground-floor multi-purpose rooms for an athletic event for one or a series of two-hour periods.

 

 

 

   Track & Field Session Fee. “Track & Field Session Fee” means the fee charged for a Track & Field Session. This fee is in addition to any fixed-rate charges, or any bonding or insurance requirements imposed by the Commissioner, or any other amount or fee imposed by any other City agency or agencies.  In addition, a separate Temporary Use Authorization issued by the Department is required by the event-holder to sell or offer for sale any articles, tickets, or refreshments within or adjacent to the Ocean Breeze Park Athletic Complex.

 

   

 

  Adult Athletic Complex Membership Fee.  “Adult Athletic Complex Membership Fee” means the membership fee for use of the Ocean Breeze Track & Field Athletic Complex for patrons between and including twenty-five (25) and sixty-one (61) years old. This membership fee does not include the Track & Field Practice Fee.  Membership includes, but is not limited to, use of the Track & Field Area during designated times, fitness equipment, recreational programs, and group fitness classes.

 

 

 

  Young Adult Athletic Complex Membership Fee.  “Young Adult Athletic Complex Membership Fee” means the membership fee for use of the Ocean Breeze Track & Field Athletic Complex for patrons between and including eighteen (18) and twenty-four (24) years old.  This membership fee does not include the Track & Field Practice Fee. Membership includes, but is not limited to, use of the Track & Field Area during designated times, fitness equipment, recreational programs, and group fitness classes.

 

 

 

   Senior Citizen Athletic Complex Membership Fee.  Senior Citizen Athletic Complex Membership Fee” means the membership fee for use of the Ocean Breeze Track & Field Athletic Complex for patrons sixty-two (62) years old and over. This membership fee does not include the Track & Field Practice Fee.  Membership includes, but is not limited to, use of the Track & Field Area during designated times, fitness equipment, recreational programs, and group fitness classes.

 

 

 

   Child Athletic Complex Membership Fee.  “Child Athletic Complex Membership Fee” means the membership fee for use of the Ocean Breeze Track & Field Athletic Complex for patrons under eighteen (18) years old. This membership fee does not include the Track & Field Practice Fee.  Membership includes, but is not limited to, use of the Track & Field Area during designated times, fitness equipment, recreational programs, and group fitness classes.

 

 

 

   Indoor Track Season. “Indoor Track Season” means the time period from the second Tuesday of November to the third Thursday of March of each year when use of the Ocean Breeze Track & Field Athletic Complex is limited at certain times due to a Track & Field Session, and the Track & Field Area is limited at certain times to patrons who have paid the applicable Track & Field Practice Fee described in this section.

 

 

 

   Track & Field Practice Fee. “Track & Field Practice Fee” means the fee charged for use of the Track & Field Area during designated times during the Indoor Track Season.

 

 

 

   Adult Track & Field Practice Fee. “Adult Practice Fee” means the Track & Field Practice Fee for all patrons between and including twenty-five (25) and sixty-one (61) year olds.

 

 

 

   Young Adult Track & Field Practice Fee. “Young Adult Practice Fee” means the Track & Field Practice Fee for all patrons between and including eighteen (18) and twenty-four (24) year olds.

 

 

 

   Senior Citizen Track & Field Practice Fee. “Senior Citizen Practice Fee” means the Track & Field Practice Fee for all patrons sixty-two (62) year old and over.

 

 

 

   Child Track & Field Practice Fee. “Child Practice Fee” means the Track & Field Practice Fee for all patrons under eighteen (18) years old.

 

 

 

 

 

(b) Ocean Breeze Track & Field Athletic Complex Membership Fees. The annual membership does not include Track & Field Session Fee or Track & Field Practice Fees.The Ocean Breeze Park Track & Field Athletic Complex member the following amount an annual membership fees are:

 

 

 

Child Athletic Complex Membership  Fee

Young Adult Athletic Complex Membership Fee

Adult Athletic Complex Membership Fee

Senior Citizen Athletic Complex  Membership Fee

$0

$25

$100

$25

 

 

 

(c) Track & Field Practice Fees. The Track & Field Practice Fees to use the Track & Field Area are:

 

 

 

Child Track & Field Practice  Fee

Young Adult Track & Field Practice Fee

Adult Track & Field Practice Fee

Senior Citizen Track & Field Practice Fee

$10

$50

$150

$25

 

 

 

(d) Track & Field Session Fees.  Track & Field Sessions are only available in two-hour increments, and a person may pay for multiple Track & Field Sessions to schedule an athletic event lasting longer than two hours. The Track & Field Session fees are:

 

 

 

Track & Field Session Fee

$1,350.00 per two-hour Track & Field Session

 

 

 

Fixed-Rate Charges*

 

Photo-timing

$200.00 for each two-hour Track & Field Session

Event management software

$250.00 for each event

 

 

 

 

 

* These fixed-rate charges are in addition to the Track & Field Session Fee.

 

Effective Date: 
Fri, 09/11/2015

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Local Law 65 of 2014 (LL 65) authorizes the Department of Housing Preservation and Development (HPD) to impose a fee to conduct a third complaint-based inspection for a dwelling unit that HPD has inspected twice in the same twelve-month period. For this fee to apply, HPD must have issued a hazardous (class B) or immediately hazardous (class C) violation in the dwelling unit as a result of each such inspection in that period, and the owner must have failed to certify that all of those violations have been corrected.  Under the law, if the fee has not been paid, it becomes a tax lien against the property.   

The new law provides HPD with authority to, by rule:  

(1)  

Increase the fee for such inspections when they are performed during “heat season” (the period of October 1st through May 31st),

 

(2)  

Exclude certain hazardous or immediately hazardous violations from the inspection fee, and

 

(3) Determine what documents HPD would require for an owner to object to the inspection fee. An owner must prove that he/she attempted to access the dwelling unit to make repairs but was unable to do so.  The owner’s objection would be made under the process provided by Administrative Code §27-2129 and related statutes, and HPD’s rules in 28 RCNY Chapter 17.  

The rules provide for a new Chapter 47 to specify which hazardous and immediately hazardous violations would not generate the complaint-based inspection fee.  They also amend 28 RCNY Chapter 17 to describe the documents required for an owner to protest the inspection fee on the basis of lack of access to a dwelling unit to make repairs. The rule also clarifies Chapter 17 to specify that the rules pertaining to objections to charges enforced as tax liens apply to charges incurred under Administrative Code § 27-2091 and 27-2115(k). 

Housing Maintenance Code §27-2008 establishes an owner’s right of access to a tenant’s dwelling unit.  The law authorizes HPD to make rules regarding an owner’s entry to a dwelling unit at a reasonable time and in a reasonable manner.  Under LL 65, an owner would be able to protest a recurring violation inspection fee on the basis of lack of access to a dwelling unit to make repairs.  The rule amends Chapter 25, Subchapter H, §25-101 to clarify and update requirements regarding notification to tenants and the right of access to a dwelling unit at a reasonable time and in a reasonable manner to repair violations and conduct inspections for making improvements and other repairs.  

In addition, Local Law 47 of 2015, which was signed into law by the Mayor on June 2, 2015, provides for owners to notify occupants when certain repairs are to be made to essential services like heat and hot water.  The final rule incorporates those requirements by making conforming amendments to §25-101.

Effective Date: 
Thu, 08/20/2015

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

STATEMENT OF BASIS AND PURPOSE

 

The Office of Environmental Remediation (“Office” or “OER”) administers the New York City Voluntary Cleanup Program (“VCP”) which facilitates cleanup of light to moderately contaminated sites in New York City. OER and the New York State Department of Environmental Conservation (“DEC”) executed a Memorandum of Agreement (“MOA”) in August 2010 through which DEC recognizes the city Voluntary Cleanup Program and coordinates with OER in setting remedies for sites in the city cleanup program.

 

In the course of remediating sites, developers often must excavate and dispose of hazardous waste that had been previously buried at their properties. New York State Environmental Conservation Law (“ECL”) § 72-0402 requires parties that generate hazardous waste, including owners of city VCP sites, to pay DEC $130 for each ton of hazardous waste they generate. Section 27-0923 of the ECL also requires parties that generate hazardous waste to pay the New York State Department of Taxation and Finance up to $27 in a special assessment on hazardous waste. On November 17, 2014, DEC agreed to exempt city VCP sites from paying the state hazardous waste program fee in an amendment to the MOA.

 

OER was established by Local Law No. 27 of 2009, and Charter § 15(e)(17) authorizes its Director to establish fees for programs administered by the office. To implement the amendment to the MOA, OER must certify to DEC each VCP site that generates hazardous waste. This work requires OER to conduct site inspections, work closely with a site’s representatives and certify to DEC that removal of hazardous waste from a site in the city program was proper and complied with all applicable laws and regulations.

 

The fee established by this rule will cover OER’s costs in making certifications to DEC that each city VCP site with hazardous waste is worthy of an exemption. OER seeks to recover its costs in providing the service to VCP sites and to provide sufficient income over time for the office to expand its staff to manage the program as more city redevelopment projects seek to benefit from it.

 

The rule assesses a fee of $10.00 for each ton of hazardous waste that a city VCP site generates. The 2015-16 New York State Executive Budget, which the state legislature adopted on April 1, 2015, exempts city VCP sites from the state hazardous waste program fee and special assessment on hazardous waste. In light of this statutory exemption from the special assessment, the Office has increased the fee assessed by this rule. In addition to delivering the hazardous waste program fee exemption, OER now must coordinate with DEC to deliver the special assessment exemption, which will require additional services not originally anticipated.

Effective Date: 
Wed, 06/17/2015

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Thursday, June 18, 2015
Proposed Rules Content: 

Local Law 65 of 2014 (LL 65) authorizes the Department of Housing Preservation and Development (HPD) to impose a fee to conduct a third complaint-based inspection for a dwelling unit that HPD has inspected twice in the same twelve-month period. For this fee to apply, HPD must have issued a hazardous (class B) or immediately hazardous (class C) violation in the dwelling unit as a result of each such inspection in that period, and the owner must have failed to certify that all of those violations have been corrected.  Under the law, if the fee has not been paid, it becomes a tax lien against the property.   

The new law provides HPD with authority to, by rule:  

(1)  

Increase the fee for such inspections when they are performed during “heat season” (the period of October 1st through May 31st),

 

(2)  

Exclude certain hazardous or immediately hazardous violations from the inspection fee, and

 

(3) Determine what documents HPD would require for an owner to object to the inspection fee. An owner must prove that he/she attempted to access the dwelling unit to make repairs but was unable to do so.  The owner’s objection would be made under the process provided by Administrative Code §27-2129 and related statutes, and HPD’s rules in 28 RCNY Chapter 17.

 

The proposed rules provide for a new Chapter 47 to specify which hazardous and immediately hazardous violations would not generate the complaint-based inspection fee.  They also amend 28 RCNY Chapter 17 to describe the documents required for an owner to protest the inspection fee on the basis of lack of access to a dwelling unit to make repairs.

 

Housing Maintenance Code §27-2008 establishes an owner’s right of access to a tenant’s dwelling unit.  The law authorizes HPD to make rules regarding an owner’s entry to a dwelling unit at a reasonable time and in a reasonable manner.  Under LL 65, an owner would be able to protest a recurring violation inspection fee on the basis of lack of access to a dwelling unit to make repairs.  The proposed rule amends Chapter 25, Subchapter H, §25-01 to clarify and update requirements regarding notification to tenants and the right of access to a dwelling unit at a reasonable time and in a reasonable manner to repair violations and conduct inspections for making improvements and other repairs.

 The proposed rule also makes a clarification to Chapter 17 of Title 28 of the RCNY to specify that the rules pertaining to objections to charges enforced as tax liens apply to charges incurred under § 27-2091.

 

Subject: 

.Rules Relating to Recurring Complaint-Based Inspections

Location: 
NYC Department of Housing Preservation & Development
100 Gold Street Room 5R1
New York, NY 10038
Contact: 

Assistant Commissioner Mario Ferrigno

Download Copy of Proposed Rule (.pdf): 

Proposed Rules: Closed to Comments (View Public Comments Received:3)

Agency:
Comment By: 
Thursday, June 25, 2015
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

 

This proposed rule will establish user fees for the Parks Department’s new Ocean Breeze Track & Field Athletic Complex at Ocean Breeze Park in Staten Island. The 135,000 square-foot indoor track and field facility features an eight-lane hydraulically banked track, enclosed track and field practice areas, and seating for 2,500 spectators. The two-story facility includes a ground-level warm-up track, fitness rooms, locker rooms and a 160-space parking garage. The Ocean Breeze Track & Field Athletic Complex will host all levels of track and field competitions. The Ocean Breeze Track & Field Athletic Complex will also provide indoor practice space for competitive runners and other track & field athletes, and other recreational programming for patrons of all ages and skill levels.  

The proposed rule will:

  • Establish session fees for the exclusive use of the Ocean Breeze Track & Field Athletic Complex for track and field events during the indoor track season.     
  • Establish membership fees for children, young adults, adults and senior citizens. Members will have access to the track and field area, fitness rooms and recreational programming during scheduled times when the complex is not being exclusively used for athletic events and when there are no track and field practice times.
  • Establish practice fees for the use of the complex’s second-floor track and field area at practice times during the indoor track season. The use of the track and field areas during these times will be restricted to members and non-members who pay the practice fees.

The Parks Department’s authority for these rules is found in section 533 of the New York City Charter.

Subject: 

DPR Ocean Breeze Track Facility Fees

Location: 
Chelsea Recreation Center
430 West 25th Street
New York, NY 10001
Contact: 

212-360-1355

Download Copy of Proposed Rule (.pdf): 

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Friday, April 24, 2015
Proposed Rules Content: 


Statement of Basis and Purpose

The Office of Environmental Remediation (“Office” or “OER”) administers the New York City Voluntary Cleanup Program (“VCP”) which directs developers to remediate light to moderately contaminated sites in New York City. OER and the New York State Department of Environmental Conservation (“DEC”) executed a Memorandum of Agreement (“MOA”) in July 2014 through which DEC recognizes the city Voluntary Cleanup Program and coordinates with OER in setting remedies for sites in the city cleanup program.  

In the course of remediating sites, developers often must excavate and dispose of hazardous waste that had been previously buried at their properties. New York State Environmental Conservation Law (“ECL”) § 72-0402 requires parties that generate hazardous waste, including owners of city VCP sites, to pay DEC $130 for each ton of hazardous waste they generate. On November 17, 2014, DEC agreed to exempt city VCP sites from paying the state hazardous waste program fee in an amendment to the MOA.

OER was established by Local Law No. 27 of 2009, and Charter § 15(e)(17) authorizes its Director to establish fees for programs administered by the office. To implement the amendment to the MOA, OER must certify to DEC each VCP site that generates hazardous waste to DEC. This work requires OER to conduct site inspections, work closely with a site’s representatives and certify to DEC that removal of hazardous waste from a site in the city program was proper and complied with all applicable laws and regulations.

The fee established by this proposed rule will cover OER’s costs in making certifications to DEC that each city VCP site with hazardous waste is worthy of an exemption from the state hazardous waste program fee. OER seeks to recover its costs in providing the service to VCP sites and to provide sufficient income over time for the office to expand its staff to manage the program as more city redevelopment projects seek to benefit from it.          

The proposed rule assesses a fee of $8.00 for each ton of hazardous waste that a city Voluntary Cleanup Program site generates.

Subject: 

Fee for hazardous waste program fee exemption

Location: 
Prospect Park Room
100 Gold Street 2nd Floor
New York, NY 10038
Contact: 

N/A

Download Copy of Proposed Rule (.pdf): 

Pages