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Proposed Rules: Open to Comments

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Agency:
Comment By: 
Thursday, December 21, 2017
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

Currently, when a criminal defendant pleads guilty or is convicted, the Department of Finance (DOF) returns to the person who originally deposited the bail only 97% of the money deposited for the defendant’s cash bail or a partially secured bail bond.  Two per cent of the bail payment is transferred to New York City’s general fund, and one per cent is deposited as an additional credit to the New York City alternatives to incarceration service plan.   Section 99-m of the General Municipal Law provides that the City is “entitled” to this three percent fee but does not require that the City collect it.  Recent amendments to section 1504 of the New York City Charter authorize DOF to waive this fee after considering: 1) the budgetary impact; 2) the purpose of orders of bail; and 3) the equitable administration of justice.

Subject: 

Waive Deposit Fees for Cash Bail

Location: 
NYC Department of Finance, Legal Affairs Division
345 Adams Street, 3rd Floor
Brooklyn, NY 11201
Contact: 

Sign up before the hearing by calling Joan Best at (718) 488-2007, or submit comments through the NYC rules website: http://rules.cityofnewyork.us. or email comments to laroset@finance.nyc.gov. or mail comments to NYC Department of Finance, Legal Affairs Division, 345 Adams Street, 3rd Floor, Brooklyn, N.Y. 11201, Attn: Timothy LaRose. Also you can fax comments to NYC Department of Finance, Attn: Timothy LaRose, at (718) 488-2491.

Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 

The adopted rule sets forth the schedule of contribution amounts to the Affordable Housing Fund that is required by the 2016 amendments to the Zoning Resolution establishing the Mandatory Inclusionary Housing program.

Effective Date: 
Wed, 07/19/2017

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Final Rule

Under section 2101 of the New York City Charter, the Commission is authorized to regulate the trade waste industry and ensure businesses are able to operate in an honest and competitive environment free from the influences of organized crime and criminality.  BIC is also authorized under sections 16-504(b) and (i) and 16-519 of the Administrative Code to set by rule the maximum rates by weight and by volume that trade waste haulers can charge for the removal of putrescible and recyclable commercial waste. Rates were last adjusted in 2013.  

In accordance with section 16-519 of the Administrative Code, any change that BIC proposes to the maximum rates must be based upon a fair and reasonable return to the licensees who provide waste removal services to commercial establishments in New York City while also protecting those using these services from excessive or unreasonable charges.  To achieve this balance, BIC established an administrative procedure that provides more transparency, standardization and regularity in the rate-setting process.  Pursuant to 17 RCNY § 5-02(f), BIC held a hearing on October 30, 2015, relating to the maximum rates charged by a licensee for the collection, removal, disposal, or recycling of trade waste.  The hearing was attended by representatives of the trade waste industry and other interested parties, some of whom testified at the hearing and submitted written testimony.   

The Commission has carefully evaluated the evidence provided throughout the process including the oral statements made at the October 30, 2015 and March 21, 2016 hearings and the written statements provided both prior to and at those hearings.  Having reviewed the Producer Price Index, as well as the other factors enumerated in 17 RCNY § 5-02(g), BIC will increase the current maximum rate allowed to be charged by the trade waste haulers by 3.3%.  The new maximum rates are:

•$18.87 per cubic yard

•$12.38 per 100 pounds

 
Effective Date: 
Sat, 08/06/2016

Proposed Rules: Closed to Comments

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

Statement of Basis and Purpose of Proposed Rule

 

 Under section 2101 of the New York City Charter, the Commission is authorized to regulate the trade waste industry and ensure businesses are able to operate in an honest and competitive environment free from the influences of organized crime and criminality.  BIC is also authorized under sections 16-504(b) and (i) and 16-519 of the Administrative Code to set by rule the maximum rates by weight and by volume that trade waste haulers can charge for the removal of putrescible and recyclable commercial waste. Rates were last adjusted in 2013. 

 In accordance with section 16-519 of the Administrative Code, any change that BIC proposes to the maximum rates must be based upon a fair and reasonable return to the licensees who provide waste removal services to commercial establishments in New York City while also protecting those using these services from excessive or unreasonable charges.    To achieve this balance, BIC established an administrative procedure that provides more transparency, standardization and regularity in the rate-setting process.  Pursuant to Title 17, Chapter 1, § 5-02 (f) of the New York City Rules and Regulations (“NYCRR”), BIC held a hearing on October 30, 2015, relating to the maximum rates charged by a licensee for the collection, removal, disposal, or recycling of trade waste.  The hearing was attended by representatives of the trade waste industry and other interested parties, some of whom testified at the hearing and submitted written testimony.  

 The Commission has carefully evaluated the evidence provided throughout the process including the oral statements made at the October 30, 2015 hearing and the written statements provided both prior to and after the hearing.  Having reviewed the Producer Price Index as well as the other factors enumerated in NYCRR Title 17, Chapter 1, § 5-02(g), BIC proposes an increase to the current maximum rate allowed to be charged by the trade waste haulers of 3.3%.  This increase would result in maximum rates of:

  •  $18.87 per cubic yard
  • $12.38 per 100 pounds

 “Shall” and “must” denote mandatory requirements and may be used interchangeably in the text below, unless otherwise specified or unless the context clearly indicates otherwise.

 New text is underlined; deleted text is in [ ] brackets.

 Section 1. Subdivision (a) of section 5-02 of subchapter E of Chapter 1 of Title 17 of the Rules of the City of New York is amended to read as follows:

 (a) A trade waste removal business shall not demand, charge, exact, or accept rates for the collection, removal, disposal, or recycling of trade waste greater than the following maximum rates:

(1) [$18.27] $18.87 per cubic yard.

(2) [$11.98] $12.38 per 100 pounds.

(3) Exempt Waste. This subdivision shall not apply to the removal of construction and demolition debris, infectious medical waste, covered electronic equipment as defined in § 421 of chapter 16 of the Code, waste from grease interceptors as defined in § 19-119(a) of title 15 of the Rules of the City of New York and paper that is collected for the purpose of shredding or destruction by the licensee.

 

Subject: 

BIC Amendment of Maximum Rates for Trade Waste Removal

Location: 
100 Church Street 2nd Floor, conference room number 2-160C
New York, NY 10007

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

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): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

 

Statement of Basis and Purpose of Rule

 

Statutory Authority

 

Amendment of Chapter 21 of Title 24 of the Rules of the City of New York is authorized by sections 389(b) and 1043(a) of the Charter.  Charter §389(b) provides that “heads of mayoral agencies shall have the power to adopt rules to carry out the powers and duties delegated to the agency head or the agency by or pursuant to federal, state or local law.” Charter §1043(a) authorizes each agency to “adopt rules necessary to carry out the powers and duties delegated to it by or pursuant to federal, state or local law.”  These rules are also authorized by Local Law 93 for the year 2013, enacted November 9, 2013, which added §17-1504 to the Administrative Code of the City of New York, authorizing the Department of Health and Mental Hygiene (the Department) to provide voluntary consultative inspections to restaurants and establish fees for these inspections.

 

These rules amend Chapter 21 (Health Academy Courses and Fees) of Title 24 of the Rules of the City of New York, as follows:

 

·        Repeal §21-03, Swimming pool technology course and fee;

·        Add a new §21-07, Food service establishment consultative inspections and fees; and

·        Amend the title of the chapter and §21-01, Scope and applicability.

 

Repeal §21-03 -- Swimming pool technology course and fee

 

The section being repealed described a Health Academy course that is no longer being offered. Before being amended by the Board of Health on September 21, 2011, the New York City Health Code (Health Code) §165.15(b)(1) required swimming pool operators to take a Department swimming pool technology course at the Department’s Health Academy. Since being amended, this section of the Health Code only requires that pool operators hold a “certificate indicating successful completion of an adequate course of instruction regarding the safe and effective operation and maintenance of pool treatment equipment . . . ,” but does not require that such courses be offered by the Department.  Since the course is no longer offered by the Health Academy, §21-03 is being repealed.

 

 

 

Add a new §2-07 – Food service establishment consultative inspections and fees   

 

This section is being added to authorize the Department to offer voluntary consultative inspections, with no risk of receiving notices of violation subject to monetary penalties, to food service establishments in the restaurant inspection program established by Health Code §81.51 and Chapter 23 of these rules. The consultative inspections are intended to provide additional food safety training and education and will be available at the request of a food service establishment permittee, or applicant for a new permit, subject to Department resources.  The consultative inspection will be conducted by a Department staff member with extensive knowledge of New York City’s food safety regulations and include an on-site assessment of the establishment’s food handling and preparation practices as well as its facilities, sanitation and food storage.  For operating establishments, the Department would also review recent inspection histories.

 

Administrative Code §17-1504, enacted by Local Law 93 for the year 2013, authorizes the Department to offer these consultative inspections and establish a fee for them. The rule authorizes the Department to charge a $400 fee for existing restaurants and a $100 fee for restaurants that register for a consultative inspection before receiving their permit. These fees, which would partially offset the costs of providing this service, have been approved by the City’s Office of Management and Budget.

 

These consultative inspections are entirely voluntary.  To maximize the benefits of the consultation, the Department may require that the owner, operator or manager accompany Department staff during the on-site inspection. Findings would not be graded, and would only be scored if requested by the operator for informational purposes. Findings would not be used to determine the date of the next inspection or the length of the inspection cycle; and would not influence subsequent inspection findings.  No notice of violation or grade card would be issued. The results are intended to inform the establishment’s operator of practices and conditions that violate applicable food safety laws and regulations and provide recommendations for improving operations affecting food safety.  If the Department observes a condition that constitutes an imminent or public health hazard during the on-site consultative inspection the permittee would be required to correct the condition immediately, and the Department may close the establishment on a temporary, emergency basis to protect the public health, until the condition is corrected.

 

Amend the Chapter title and §21-01 Scope and applicability

 

            Since the new §21-07 will not involve a course offered at the Health Academy, but only describes a consultative inspection and fees to be charged by the Department, the Chapter title and §21-01 are also being amended.

 

 

Effective Date: 
Mon, 07/14/2014

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Rule

 

New York State has adopted Vehicle and Traffic Law (VTL) Section 1180-b, effective August 30, 2013, which authorizes the City to establish a demonstration program implementing photo speed violation monitoring systems to record maximum speed limit violations in school speed zones. Subdivision (e) of VTL Section 1180-b authorizes the Parking Violations Bureau (PVB), a division of the New York City Department of Finance (DOF), to promulgate a schedule of fines and penalties for such violations. Subdivision (g) establishes requirements for the notice of liability.  Subdivision (h) authorizes the PVB to adjudicate violations under Section 1180-b. 

 

Speeding violations are often a significant factor in accidents which result in death or injury. Under VTL Section 1180-b, vehicle operators who exceed the speed limit in school zones and who are recorded by a photo speed violation monitoring system will receive a summons for the violation. VTL Section 1180-b enables the City to use technology to improve the safety and quality of life of motorists and pedestrians by reducing speeding in school zones. 

 

The New York City Department of Transportation (DOT) will implement the demonstration program.  DOT will maintain the photo speed violation monitoring systems, send notices of liability to motorists, and transmit information relating to violations to DOF.  The amendment establishes penalties for such violations, provides requirements for the notice of liability, and authorizes the PVB to adjudicate allegations of liability.

 

DOF’s authority for the rule is found in sections 389(b) and 1043 of the New York City Charter and section 1180-b of the Vehicle and Traffic Law.

 

 

Effective Date: 
Fri, 12/06/2013

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

 

STATEMENT OF BASIS AND PURPOSE

 

Pursuant to § 282 of Article 7-C of the Multiple Dwelling Law (“Loft Law”), the Loft Board may promulgate rules to ensure compliance with the Loft Law. Section 282 of the Multiple Dwelling Law (“MDL”) also states that the Loft Board may charge and collect reasonable fees in the execution of its responsibilities.

 

Effective as of June 21, 2010, the Legislature amended the Loft Law. To improve clarity and organization, the Loft Board is amending § 2-11 of the Rules of City of New York to:

 

·         Update the fee for filing a challenge to a proposed sale of improvements to conform to the existing fee provided in §2-07;

 

·         Amend the deadline for the application filing fee and the deadline for the request for a waiver of the filing fee. Both the application filing fee and the request for a waiver are now due upon filing the application;

 

·         Provide that the Loft Board may request additional or supporting documentation related to an applicant’s request for a waiver of the application fee; and

 

·         Add headings to subsections.

 

 

Effective Date: 
Wed, 09/11/2013

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

 

 

Statement of Basis and Purpose

 

This rule is promulgated pursuant to the authority of the Commissioner of Buildings under Sections 643 and 1043(a) of the New York City Charter, Article 308 of the New York City Administrative Code and 1 RCNY 103-07.

 

Article 308 of the Administrative Code requires an energy efficiency audit to be performed by an energy auditor or a retro-commissioning agent and a report to be filed by building owners every ten years. 1 RCNY 103-07 sets out the requirements for those energy auditors and retro-commissioning agents, including a registration requirement for those who are not registered design professionals.

 

The amendment adds fees for initial registration of those energy auditors and retro-commissioning agents, as well as for registration renewal. These fees will cover the administrative costs incurred by the Department in registering and renewing the registration of these individuals.

 

In accordance with section 1043(d)(4) of the New York City Charter, a review of this rule pursuant to Local Law 46 of 2010 was not performed .

 

 

Effective Date: 
Sat, 10/19/2013

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