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Proposed Rules: Open to Comments

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Agency:
Comment By: 
Tuesday, July 24, 2018
Proposed Rules Content: 

 

Statement of Basis and Purpose of Proposed Rule

            Penalties for violations of BIC’s rules that relate to public wholesale markets, the seafood distribution areas, market businesses, labor unions, and labor organizations operating in seafood distribution areas in New York City are currently set forth in OATH’s rules at 48 RCNY § 3-108.  OATH, in conjunction with the Mayor’s Office of Operations, has determined that penalty schedules used in the adjudication of agency rule violations, which were previously promulgated by the Environmental Control Board, should instead be issued by the respective agencies.  The enforcement agencies possess the expertise to adopt appropriate penalties based on the severity of each violation and its impact on public safety.  BIC proposes to incorporate the current Market Penalty Schedule into its own rules.  Simultaneously, under a separate rulemaking, OATH is proposing a companion rule to repeal the BIC penalties currently set forth within the OATH rules.

            Incorporating the penalty schedule into BIC’s rules would make it more accessible to the public, as it will then be included within the same title and chapter as the rules cited in BIC’s summonses.  BIC is also proposing to add penalties to the existing penalty schedule that do not currently appear in the current Market Penalty Schedule.  Finally, this proposed rule would clarify the Commission’s current rules by explaining the penalty schedule and the existence of mail-in penalties.

The proposed amendments would accomplish the following:

Distribute several provisions of the penalty schedule, now found within 48 RCNY § 3-  108, among various sections of Title 17;

● Add text to explain repeat penalties;

● Add text to explain the “mail-in penalties” process;

● Add text specifically enumerating the penalties for failure to register a wholesale seafood business that is operating outside the market area;

● Adjust penalty amounts for several violations; and

● Add penalties to the schedule for violations of 17 RCNY §§ 11-19(a)(3)-(9), (11)-(14), including penalties for:

 

§  Improper disposal of litter, rubbish, or refuse;

§  Public urination and/or defecation,

§  Improper damage, removal, or destruction of property,

§  Engagement/instigation of fight or other disturbance,

§  Commission of injurious act, 

§  Possession of dangerous instruments and/or explosives,

§  Gambling 

§  Sale of prohibited items, 

§  Discharge into tidal water, sewage, or drainage, 

§  Causing damage to or clogging of drains or sewers, and 

§  Disobeyance of lawful order of employee of Commission or City

 

Subject: 

.

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

Sal Arrona: sarrona@bic.nyc.gov

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Friday, May 11, 2018
Proposed Rules Content: 

Repeal of rule providing for “finder’s fee” payments to persons or entities furnishing permanent accommodations to relocatees.

Subject: 

.

Download Copy of Proposed Rule (.pdf): 

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Monday, May 7, 2018
Proposed Rules Content: 

The proposed rule provides for fees to be collected by the Department of Housing Preservation and Development for filing and acceptance of inclusionary housing applications and re-issuance of certificates of qualifying affordable floor area. These fees are necessary to cover the costs of review and monitoring performed by the agency implementing both the voluntary and mandatory inclusionary housing programs.

Subject: 

Proposed Inclusionary Housing Program Fees.

Location: 
HPD
100 Gold Street Room 5-L1
New York, NY 10038
Contact: 

Jessica Bartolini, (212) 863-6838, BartoliJ@hpd.nyc.gov.

Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of 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.

Effective Date: 
Sat, 02/17/2018

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Rule

 

This rule amends Section 101-03 of Chapter 100 of Title 1 of the Rules of the City of New York, relating to fees payable to the Department, to include fees for responding to requests submitted to the Department for the following:

  • appeal after two reviews (for which two reviews there is no charge pursuant to this rule because the fees for these reviews are included in the filing fee) that consist of (1) a plan examination objection and (2) an affirmation of that objection.

       The determination in response to such appeal is referred to as an Appeal Determination; 

  • a variation of the Construction Codes;
  • a variation of the 1968 or prior Building Code;
  • a variation of section 277.16 of the New York State Multiple Dwelling Law (MDL) for Article 7B buildings;
  • a pre-determination request with respect to the Zoning Resolution, Construction Codes or 1968 or prior Building Code before application for construction document approval is submitted;
  • appeal of an Appeal Determination; and
  • an appeal from:

          - a denial of a request for a variation of the Construction Codes; 

          - a denial of a request for a variation of the 1968 or prior Building Code; 

          - a denial of a request for a variation of section 277.16 of the New YorkState Multiple Dwelling Law

           (MDL) for Article 78 buildings; and

          - a pre-determination with respect to the Zoning Resolution, Construction Codes or 1968 or prior

           Building Code.

The authority of the Department of Buildings for this rule is found in sections 643 and 1043 of the New York City Charter and section 28-112.1 of the New York City Administrative Code.

The Department provides a service when current or prospective applicants request a variation of the Codes and of the MDL as specified, or a pre-determination or determination interpreting certain provisions of the Zoning Resolution or the Codes, Appeal Determinations and appeals.  These requests may be made using either a Zoning Resolution Determination Form (ZRD1) or a Construction Code Determination Form (CCD1) or any subsequently created determination forms.  Only one issue may be included per determination form. 

There is no additional charge pursuant to this rule for the first review, which could result in a plan examination objection, or the second review of that objection, which could result in an affirmation of the objection.  The fees for these reviews are included in the filing fee. 

These fees will cover the administrative costs incurred by the Department in reviewing these requests and appeals. 

No fees will be charged for requests and appeals filed in connection with the construction or alteration of one-, two- or three-family dwellings.  No fees will be charged for requests and appeals filed in connection with any building that the New York City Department of Housing Preservation and Development certifies is for the construction or rehabilitation of affordable housing, as set forth in this rule. 

 

New material is underlined. 

[Deleted material is in brackets.]

 

 

Effective Date: 
Sun, 01/28/2018

Proposed Rules: Closed to Comments

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

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