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Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose

Local Law 69 of 2013 makes original equipment manufacturers (“OEMs”) responsible for the lawful recovery of refrigerants from their refrigerant-containing appliances when their appliances are discarded by residents. Despite this requirement, the Department will continue to provide its own refrigerant removal program in which OEMs can participate for a fee. OEMs can also choose to establish their own recovery program or participate with other OEMs in a refrigerant recovery program. The fee imposed by this rule will allow the Department to recover a portion of the program costs incurred through servicing OEMs’ appliances. The purpose of the rule is to carry out the requirements of Local Law 69 of 2013 by establishing the requirements for OEMs’ refrigerant recovery programs for appliances that are being disposed of by “residential generators” in the city of New York. “Residential generators” are any person, entity, agency, or institution in the city of New York that receives solid waste or recycling collection service from the department. Specifically, the rule: • Establishes the registration requirements for OEMs of refrigerant-containing appliances, • Requires that OEMs indicate whether they plan to establish their own refrigerant recovery program, participate with other OEMs in a refrigerant recovery program, or have their appliances serviced by the Department’s refrigerant recovery program, • Establishes the fee that an OEM must pay if refrigerant is removed from an OEM’s appliance by the department, • Establishes annual reporting requirements for any OEM who establishes its own refrigerant recovery program or participates with OEMs in a refrigerant recovery program, and, • Establishes violations and fines for failure to comply with certain requirements of the rule. DSNY’s authority for these rules is found in sections 753 and 1043(a) of the New York City Charter and section 16-485 of the New York City Administrative Code. This rule also repeals the current Chapter 17 of Title 16 of the Rules of the City of New York, which relates to the collection, recycling and reuse of electronic equipment, because the local laws that authorized Chapter 17, Local Laws 13 and 21 of 2008, were preempted by New York State law through Chapter 99 of 2010. DSNY’s authority for this repeal is found in sections 753 and 1043(a) of the New York City Charter. After careful consideration of all public comments regarding this rule, DSNY decided to modify the rule in order to clarify the information that DSNY will include, if practicable, in the biannual bill that it sends to OEMs.

Effective Date: 
Sun, 06/01/2014

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Thursday, February 13, 2014
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

Local Law 69 of 2013 makes original equipment manufacturers (“OEMs”) responsible for the lawful recovery of refrigerants from their refrigerant-containing appliances when their appliances are discarded by residents. Despite this requirement, the Department will continue to provide its own refrigerant removal program in which OEMs can participate for a fee. OEMs can also choose to establish their own recovery program or participate with other OEMs in a refrigerant recovery program. The fee imposed by this rule will allow the Department to recover a portion of the program costs incurred through servicing OEMs’ appliances.

The purpose of the proposed rule is to carry out the requirements of Local Law 69 of 2013 by establishing the requirements for OEMs’ refrigerant recovery programs for appliances that are being disposed of by “residential generators” in the city of New York. “Residential generators” are any person, entity, agency, or institution in the city of New York that receives solid waste or recycling collection service from the department.

Specifically the proposed rule:

  • Establishes the registration requirements for OEMs of refrigerant-containing appliances,
  • Requires that OEMs indicate whether they plan to establish their own refrigerant recovery program, participate with other OEMs in a refrigerant recovery program, or have their appliances serviced by the Department’s refrigerant recovery program,
  • Establishes the fee that an OEM must pay if refrigerant is removed from an OEM’s appliance by the department,
  • Establishes annual reporting requirements for any OEM who establishes its own refrigerant recovery program or participates with OEMs in a refrigerant recovery program, and,
  • Establishes violations and fines for failure to comply with certain requirements of the proposed rule. 

DSNY’s authority for these rules is found in sections 753 and 1043(a) of the New York City Charter and section 16-485 of the New York City Administrative Code.

This proposed rule also repeals the current Chapter 17 of Title 16 of the Rules of the City of New York, which relates to the collection, recycling and reuse of electronic equipment, because the local laws that authorized Chapter 17, Local Laws 13 and 21 of 2008, were preempted by New York State law through Chapter 99 of 2010. DSNY’s authority for this repeal is found in sections 753 and 1043(a) of the New York City Charter.

 

Subject: 

DSNY Proposed Rule on Refrigerant Recovery

Location: 
3rd Floor Boardroom
125 Worth Street, Room 330
New York, NY 10013
Contact: 

No contact

Download Copy of Proposed Rule (.pdf): 

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Friday, January 17, 2014
Proposed Rules Content: 

 

Statement of Basis and Purpose of Proposed Rule

Under section 2101 of the New York City Charter, the Business Integrity Commission (“BIC”) is authorized to investigate, license and regulate the trade waste industry. To ensure that trade waste businesses operate free from organized crime and corruption, BIC conducts investigations of certain employees and prospective employees of trade waste license applicants and trade waste licensees.

These proposed rule amendments would raise the fees associated with the investigation of employees or agents and prospective employees or agents of an applicant for a trade waste license or a trade waste licensee and who are required to submit fingerprints and disclosure to the Commission. These investigation fees are part of the licensing process, and have not been changed since the Commission’s inception in 1996. The amended fees would satisfy the Commission’s statutory mandate to recoup all costs associated with licensing through imposed fees.

Pursuant to Charter section 1043(d)(4)(iii), the proposed rule amendments are exempt from the requirements of Local Law 46 of 2010 because the rule amendments are solely concerned with the modification of the amount of a fee or fees.

 

Subject: 

Opportunity to comment on the proposed amendement by the Business Integrity Commission of rules relating to employee disclosure.

Location: 
New York City Business Integrity Commission
100 Church Street 20th Floor, Conference Room 1
New York, NY 10007
Contact: 

David Mandell
Deputy General Counsel for Regulatory Enforcement
dmandell@bic.nyc.gov
(212) 676-6296

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

 

Statement of Basis and Purpose

 

The purpose of this rule is to:

 

  • Enhance recreational opportunities for individuals between the ages of 18 and 24 years at the Department’s recreation centers, and address public health and transitional needs of these individuals, by creating a $25 membership fee category for this age group.

 

  • Reflect the Department’s effort to complement New York City’s Young Men’s Initiative and other key programs.

 

  • Allow patrons and former patrons who once held Senior Citizen Memberships a second opportunity to be grandfathered into that membership category. The Department on July 1, 2011 increased the minimum age for Senior Citizen Membership from 55 to 62 years, but allowed patrons between the ages of 55 and 61 years to renew at the Senior Citizen rate, provided such renewals took place prior to expiration of their memberships. Some patrons, however, were unaware of this option and either allowed their memberships to expire or purchased a new membership at the Adult rate. These patrons and former patrons will again be allowed to purchase Senior Citizen Memberships, if they do so by December 31, 2013 (in the case of those who allowed their memberships to expire) or upon expiration of their current membership (in the case of those who, after July 1, 2011, purchased Adult Memberships).

 

  • Clarify the age ranges for each membership fee category.

 

 

Effective Date: 
Sun, 06/30/2013

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

 

Statement of Basis and Purpose

 

 

On October 2, 2007 Mayor Bloomberg issued Executive Order 106 (EO 106) which calls for the City to implement a unified billing, payment, and collection strategy.  EO 106 also requires all City agencies to establish and implement a system for accepting credit and debit card payments for fees, fines, sales of products and any other suitable transactions.

 

To further implement this policy, the Commissioner of Finance is adopting a rule that establishes a consistent policy for accepting credit card payments and a uniform fee to defray the cost incurred by the City from credit card transactions.

 

Section 5(c) of the General Municipal Law and section 11-105(3) of the Administrative Code of the City of New York authorize the City to charge and collect a reasonable and uniform fee as a condition of accepting a credit and debit cards as means of payment of a fine, civil penalty, tax, fee, rent, rate, charge or other amount owed to the City.  These laws require that the fee not exceed the cost incurred by the City in connection with such credit and debit card transactions, including any fee payable by the City to the card issuer.

 

Section 1504 of the New York City Charter requires the New York City Department of Finance to perform those functions and operations of the City that relate to the administration and collection of taxes, assessments and charges imposed by the City. Pursuant to that authority, the Department of Finance is authorized to promulgate rules concerning a fee as a condition of accepting a credit or debit card for payment of City charges.

 

The rule applies to “covered” City agencies, defined as mayoral agencies described by section 385 of the New York City Charter, and to other agencies listed in the proposed rule.  Other non-covered City agencies could, via rulemaking, opt into the rule.

 

The amendment requires that covered City agencies charge a nonrefundable fee of 2.49% of the amount paid for credit and debit card transactions. The amendment does not apply to checks, money orders, cash or other forms of electronic payments such as eChecks -- these forms of payment will be accepted without a fee.

 

The fee will be refunded when the credit card payment was the result of certain technical errors, not caused by the customer, such as a duplication of a charge or an erroneous entry by a covered agency. The fee will also be refunded when the charge resulted from a fraudulent payment not made by the customer where the customer notifies the agency of the fraudulent payment.

 

The fee will not be imposed for credit or debit card payments:

·        for parking time purchased from a “muni-meter,” because the administrative expense of processing the fee from often small purchases of parking time is not cost effective;

·        for retail transactions for the sale of merchandise sold by a payee agency, such as the sale of merchandise at the CityStore;

·        for payments made as donations, except when the donation is paid as part of an existing transaction for which a fee is charged;

·        for re-payments of Medicaid, Cash Assistance, or Supplemental Nutrition Assistance Program benefits for over-payments by any of these programs,  and for payments made by beneficiaries to reduce their income in order to qualify for eligibility for Medicaid, because the administrative costs associated with these payments can be absorbed by state and federal agencies;

·        for fees paid for emergency medical ambulance services as these credit card transaction costs have already been incorporated into the cost of operating the City's emergency services;

·        for birth and death certificates issued by the Department of Health and Mental Hygiene's Vital Records Bureau because these records are processed through a third party service, and the City does not incur any additional credit card related expenses, and where credit card is the only means of payment permitted for such charge.

 

A particular credit or debit card will not be accepted for payment if that particular credit or debit card does not allow for charging convenience fees.

 

The rule phases in the fee for two groups of agencies listed in the rule. The agencies in the first group will start complying with the rule 13 months after its final publication in the City Record. The agencies in the second group will start complying with the rule 19 months after its final publication in the City Record.  These timeframes will allow the Department of Finance to work with all of the agencies to ensure that the new fee is implemented without interrupting their day-to-day operations or causing reporting, reconciliation, or fiscal issues.  An agency may start complying with the rule earlier if it notifies the Department of Finance that implementation would not materially impede the agency’s operations or services to the public.  If needed, agencies in both groups that are being phased in could obtain a delay in charging and collecting the fee of up to six months of additional time beyond the 13-month and 19-month timeframes that would otherwise apply.

 

 

Effective Date: 
Mon, 07/08/2013

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Wednesday, June 20, 2012
Proposed Rules Content: 

 

 

Click here (.pdf) for the complete text of the proposed rule.

 

 

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

STATEMENT OF BASIS AND PURPOSE OF FINAL RULE

 

Fire Department rule 3 RCNY §4601-01 sets forth amendments to the fee provisions of the Fire Code, and reflects these new fees by bracketing and underlining, as applicable, the existing text of Section A03 of Appendix A to the Fire Code.

 

The fees relating to plan review of design and installation documents, as set forth in FC A03(45), have been amended to more closely reflect the cost incurred in reviewing such documents. The current flat fee of $210 per submission compensates the Fire Department for one hour of plan review and related administrative tasks.

 

The Fire Department has analyzed the time expended by the Technology Management Unit of the Bureau of Fire Prevention in reviewing design and installation documents, and has determined that on average the time expended upon such review exceeds two hours.

 

Accordingly, the Department has increased its plan review fee to $420, reflecting an average expenditure of two hours per submission.

 

Plan review of commercial cooking (rangehood) systems is conducted by a different unit within the Bureau of Fire Prevention. The existing fee of $210 for plan review and related administrative tasks in connection with such submissions has been retained unchanged.

 

 

Effective Date: 
Mon, 08/20/2012

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

STATEMENT OF BASIS AND PURPQSE

 

The Police Department is charged with preserving the public peace and preserving order at events which obstruct the free passage of public streets. This responsibility includes directing traffic, closing streets, and other traffic control functions to ensure the safety of the public and the participants in the event. To that end, the Department is authorized to promulgate rules and regulations governing pennits for processions, parades, and races that occur on City streets.

 

Parades require additional police presence for the performance of traffic control functions. The resulting increase in personnel overtime expenditures puts a strain on the Department's budget. One way to ensure that such events continue to be held without imposing an undue strain on NYPD and City resources is to recoup the traffic control costs from the sponsors of the events.

 

In 2011, after opportunity for public comment and in accordance with Section 1043 of the Charter, the Department promulgated a rule to recover a fee only from organizations sponsoring athletic parades when the sponsoring organization generates revenue from fees charged to participants in the event. To be consistent with the original intent of the rule and to ensure the application of the rule is clear, the Department is amending the rule as follows:

 

(1) In the definition of “Charitable Athletic Parade":

• Changing the word "event" to "parade" before the phrase "which is open to the public"

(2) In the definition of ''Non-Charitable Athletic Parade":

• Removing the word "competitive" and adding the word "athletic"

• Removing the phrase ''recognizes the achievements of participants"

 

These changes are intended to clarify for parade organizers whether their proposed event will be subject to a fee for traffic control costs.

 

 

Effective Date: 
Fri, 09/07/2012

Adopted Rules: Closed to Comments

Adopted Rules Content: 



 Click here (.pdf) for the complete text of the adopted rule.



Effective Date: 
Mon, 08/29/2011

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Friday, December 20, 2013
Proposed Rules Content: 

 
Statement of Basis and Purpose of Proposed Rule

 

 On October 2, 2007 Mayor Bloomberg issued Executive Order 106 (E.O. 106), which calls for the City to implement a unified billing, payment, and collection strategy.  E.O. 106 requires all City agencies to establish a system for accepting credit and debit card payments for fees, fines, sales of products, and any other suitable transactions. 

 

To implement this order, the Commissioner of Finance adopted a rule that establishes a consistent policy for accepting credit and debit card payments and a uniform fee to defray the cost incurred by the City from credit and debit card transactions.  The rule requires that City agencies covered by the rule charge a nonrefundable fee of 2.49% of the amount paid for credit and debit card transactions.

 

The rule does not apply to checks, money orders, cash, or other forms of electronic payments such as eChecks.  These forms of payment are accepted without a fee.  The rule also includes exceptions for certain agencies and charges.  This proposed rule adds to the exceptions credit and debit card payments paid to the Department of Parks and Recreation for tennis permits, summer camps, and recreation center memberships, because these payments are processed through a third party service, and the City does not directly incur any additional credit or debit card related expenses when accepting them.

 

The Department of Finance’sauthority for these rules is found in New York General Municipal Law § 5(c), New York City Administrative Code § 11-105, and New York City Charter §§ 1043 and 1504.

 

Subject: 

Amendment to Rules for Credit and Debit Card Fees

Location: 
NYC DOF Public Hearing Room
345 Adams Street 3rd Floor
Brooklyn, NY 11201
Contact: 

Ms. Joan Best at 718 403-3669

Download Copy of Proposed Rule (.pdf): 

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