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Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Rule
In 2012, the Department signed a Consent Order modifying a 2005 New York State Department of Environmental Conservation Consent Order (DEC Case No CO2-20000107-8, as modified) to reduce combined sewer overflows (“CSOs”) and committed to construct and implement green stormwater management practices (also known as “green infrastructure”) that are part of a broader green/grey strategy (i.e., also employing “grey infrastructure,” which includes CSO storage facilities and other engineered projects) to improve water quality in local waterways. Specifically, the Department is required to manage one (1) inch of rainfall on ten percent (10%) of the impervious surfaces within combined sewer areas by 2030 using green infrastructure. The Department established its Office of Green Infrastructure to implement the Green Infrastructure Grant Program (“Program”) and launched the Program in order to partner with stakeholders and community groups in the construction and maintenance of green infrastructure. The Program provides funding to private property owners for the design and construction of qualified green infrastructure practices. Grants under this Program are available to owners of property located within the five (5) boroughs of the City of New York whose property and proposals meet the criteria set forth by the Department.
The Department received a comment from an environmental organization urging that a number of changes be made to the rule, including the deletion of the requirement that the final contract plans be certified by a professional, and other changes which, in the commenter’s view, would hinder the effectiveness of the Program. After due consideration of this comment, the Department has decided to finalize the rule without change.
This rulemaking sets forth the determination by the Commissioner of the Department as to the requirements for eligible projects and grant applicants, the application process, compliance and administration and funding requirements under the Program. The Department is therefore promulgating the following new rule, to be found at 15 RCNY Chapter 48.
The Rule is authorized by Section 1403 of the Charter of the City of New York and Section 24-501 et seq. of the Administrative Code.

Effective Date: 
Mon, 06/12/2017

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

Statement of Basis and Purpose

During the 2014-15 and 2015-16 school years, the Department of Small Business Services (DSBS) administered a grant program to support the employment of experienced school bus workers who have been impacted by changes in the Department of Education’s (DOE) contracts for school bus transportation.  Pursuant to the authority vested in DSBS by New York City Charter § 1301, DSBS is proposing a rule that would continue the grant program for the 2016-17 school year.

Since 1979, following a school bus strike, DOE’s school bus contracts included employee protection provisions (EPPs) requiring school transportation contractors, among other things, to give priority in hiring to employees who became unemployed because of their employers’ loss of DOE bus contract work and to pay such employees the same wages and benefits they had received prior to becoming unemployed.

Following the 2011 decision by the New York State Court of Appeals in L&M Bus Corp., et al., v. the New York City Department of Education, et al. (L&M), DOE did not include EPPs or similar provisions in solicitations for its school bus contracts. After the issuance of the first such post-L&M solicitation, there was a school bus strike in January and February of 2013. 

DSBS’s grant program, created by Local Law 44 of 2014, was designed to encourage school bus contractors providing transportation services to DOE to maintain the wages and benefits of those employees who had prior experience in the industry.  The 2014-15 and 2015-16 grant programs successfully supported the employment of approximately 1200 school bus workers.  This proposed rule continues the school bus employee grant program for the 2016-17 school year.

Effective Date: 
Mon, 04/10/2017

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

Agency:
Comment By: 
Wednesday, February 15, 2017
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rules
In 2012, the Department signed a Consent Order modifying a 2005 New York State Department of Environmental Conservation Consent Order (DEC Case No CO2-20000107-8, as modified) to reduce combined sewer overflows (“CSOs”) and committed to construct and implement green stormwater management practices (also known as “green infrastructure”) that are part of a broader green/grey strategy (i.e., also employing “grey infrastructure,” which includes CSO storage facilities and other engineered projects) to improve water quality in local waterways. Specifically, the Department is required to manage one (1) inch of rainfall on ten percent (10%) of the impervious surfaces within combined sewer areas by 2030 using green infrastructure. The Department established its Office of Green Infrastructure to implement the Green Infrastructure Grant Program (“Program”) and launched the Program in order to partner with stakeholders and community groups in the construction and maintenance of green infrastructure. The Program provides funding to private property owners for the design and construction of qualified green infrastructure practices. Grants under this Program are available to owners of property located within the five (5) boroughs of the City of New York whose property and proposals meet the criteria set forth by the Department.
This rulemaking sets forth the determination by the Commissioner of the Department as to the requirements for eligible projects and grant applicants, the application process, compliance and administration and funding requirements under the Program. The Department is therefore proposing the following new rules, to be found at 15 RCNY Chapter 48.
The Rules are authorized by Section 1403 of the Charter of the City of New York and Section 24-501 et seq. of the Administrative Code.

Subject: 

.

Location: 
DEP 11 Floor Conference Room
59-17 Junction Blvd. 11 Floor
Flushing, NY 11373
Contact: 

No contact

Download Copy of Proposed Rule (.pdf): 

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Tuesday, January 31, 2017
Proposed Rules Content: 

 Statement of Basis and Purpose

  During the 2014-15 and 2015-16 school years, the Department of Small Business Services (DSBS) administered a grant program to support the employment of experienced school bus workers who have been impacted by changes in the Department of Education’s (DOE) contracts for school bus transportation.  Pursuant to the authority vested in DSBS by New York City Charter § 1301, DSBS is proposing a rule that would continue the grant program for the 2016-17 school year.

  Since 1979, following a school bus strike, DOE’s school bus contracts included employee protection provisions (EPPs) requiring school transportation contractors, among other things, to give priority in hiring to employees who became unemployed because of their employers’ loss of DOE bus contract work and to pay such employees the same wages and benefits they had received prior to becoming unemployed.

  Following the 2011 decision by the New York State Court of Appeals in L&M Bus Corp., et al., v. the New York City Department of Education, et al. (L&M), DOE did not include EPPs or similar provisions in solicitations for its school bus contracts. After the issuance of the first such post-L&M solicitation, there was a school bus strike in January and February of 2013. 

            DSBS’s grant program, created by Local Law 44 of 2014, was designed to encourage school bus contractors providing transportation services to DOE to maintain the wages and benefits of those employees who had prior experience in the industry.  The 2014-15 and 2015-16 grant programs successfully supported the employment of approximately 1200 school bus workers.  This proposed rule continues the school bus employee grant program for the 2016-17 school year.

 

Subject: 

Extension of School Bus Drivers Grant Program

Location: 
110 William Street (7th Floor)
New York, NY 10038
Download Copy of Proposed Rule (.pdf): 

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Friday, November 13, 2015
Proposed Rules Content: 

STATEMENT OF BASIS AND PURPOSE

 

The Office of Environmental Remediation (“Office” or “OER”) was established by Local Law No. 27 of 2009, and Charter § 15(e)(5) authorizes its Director to administer financial incentive programs to promote the identification, investigation, remediation, and redevelopment of brownfields.  Charter § 15(e)(6) also authorizes the Director to promote community participation in these activities.

 

OER is proposing amendments to its Environmental Remediation Rules in two principal ways. 

 

(1)  The rule relating to the New York City Brownfield Cleanup Program (“Program Rule”), set forth in Subchapter 1 of Chapter 14, would be revised to amend the definition of “unrestricted use” for sites that enroll in the City Voluntary Cleanup Program (“VCP”) (§ 14-1407).

 

OER designs, reviews, and approves cleanup plans for light- to moderately- contaminated sites in New York City and later oversees the initial phase of construction at VCP sites to ensure that proposed cleanup plans are actually carried out in the field. Properties that achieve “unrestricted use” status are desirable because they are protective of any legal use the property can be put to. Another feature of “unrestricted use” sites is that their owners are not required to monitor the continued implementation of any restrictions on use.

 

The proposed amendments (§ 43-1407(k) and (l)) would revise the definition of “unrestricted use” in New York City to specify that restrictions that would be mandatory for a property in the VCP would not include restrictions that already apply to the property as part of area-wide or city-wide land-use or resource-use restrictions. For example, remedial actions would not be required to specify restrictions for activities that are unlawful in New York City. In some circumstances, under existing regulations, the only restriction that would be placed on a property during a remedial action is for uses that are already prohibited by City statutes (i.e., dairy farming). The proposed amendments would allow remedial actions to exclude the establishment of site-specific restrictions that are already prohibited by the City. In other words, such land uses would be excluded from consideration when determining if an unrestricted use cleanup at a site in New York City that achieves the restricted-residential standard is appropriate. Because sensitive uses of land such as dairy farming are not allowed in New York City, the unrestricted use standard that is fully protective of all possible uses of property in New York City can be slightly higher (i.e., the restricted-residential standard) than across the state.

 

The amendments would also eliminate the need for site owners to conduct long-term monitoring for activities that are not lawful. In addition, by redefining “unrestricted use,” the amendments would encourage more parties enrolled in the VCP to pursue higher-level soil cleanups across New York City.

 

(2)  The Office also oversees and administers the New York City Brownfield Incentive Grant (“BIG”) Program, set forth in Subchapter 2 of Chapter 14, which provides City funds to promote the cleanup and redevelopment of light- to moderately- contaminated sites across the city.  The proposed amendments would:

 

● Expand the list of entities that can perform work eligible for reimbursement with City brownfield grants to include (1) workforce development organizations that offer short term employment to trainees and (2) vendors under contract with the City or the NYC Economic Development Corporation that perform eligible services under the city brownfield grant program (§ 43-1416(m)).   

 

● Expand an existing City pre-enrollment grant, increase the City pre-enrollment grant award limit to $125,000, and create a new City enrollment grant to reimburse affordable and industrial development projects for cleanup activities undertaken in either the VCP or the State brownfield cleanup program. Affordable and supportive housing projects financed by the City Department of Housing Preservation and Development or the City Housing Development Corporation, as well as industrial development projects supported by the NYC Economic Development Corporation, would be eligible for up to $125,000 to cover investigation costs and up to $250,000 in total to cover investigation and site cleanup costs. Services and activities that can be reimbursed under a City enrollment grant are those performed pursuant to a remedial action work plan issued by the Office or the New York state department of environmental conservation (§43-1417(a)(3); § 43-1417(b)(7); § 43-1418(c)(2); § 43-1418(d); § 43-1419(c)(2); § 43-1422(c)(11); § 43-1422(c)(12)).

 

● Make place-based community brownfield planning groups recognized by OER eligible for a technical assistance grant to develop a reuse plan for a development site and a BOA local match grant to identify, screen, and select strategic sites. By expanding eligibility for these grants, the Office seeks to increase the number of community organizations performing community brownfield planning in the city. The BOA program provides State planning grants to community based organizations to develop plans for the redevelopment of neighborhoods with idle, vacant sites. Recently, the State has declined to provide new funds for the BOA program, prompting OER to supplement existing City support for community brownfield planning (§ 43-1416 (b), (l), (n)(5) and (q); § 43-1417(c)(1) and (2); § 43-1418(d)(2)(B), (d)(3)(A)(ii) and (B); (d)(4)(B)(ii)); § 43-1422(a), (c) (3) and (4); § 43-1423 (d)).

 

 ● Expand eligible services and activities for cleanup grants, track one bonus cleanup grants, brownfield opportunity area strategic property bonus cleanup grants, City enrollment grants, e-designation hazardous material remediation grants, climate change resilience bonus cleanup grants, and E-designation/restrictive declaration hazardous material remediation grants to include additional long-term management plans and additional remedial actions commonly required by Office-approved remedial plans. (§ 43-1419(a)(4)).

 

● Require that parties seeking City reimbursement for eligible cleanup expenses have six months from the receipt of a notice of completion, a notice of satisfaction or a certificate of completion to file a complete City brownfield grant application (§ 43-1420(h)).

   

● Increase the maximum cleanup grant award available to not-for-profit developers of preferred community development projects to $50,000 and make available to developers of housing and industrial sites supported by City development agencies a consultation service on the feasibility of entering such a site in the State brownfield cleanup program (§ 43-1422(c)(2)).

 

● The proposed rule amendments acknowledge the change in nomenclature regarding the program that was formerly known as the “Local Brownfield Cleanup Program”, which is now known as the “City Voluntary Cleanup Program” (§§ 43-1401 to 43-1405, 43-1408 to 43-1410, et al).

 

● The proposal includes numerous technical drafting changes to Subchapters 1 and 2 to ensure consistency and conformity throughout this regulatory scheme.

 

 

Finally, Schedule A (“Grant Awards and Award Limits”) and Schedule B (“Eligible Services and Activities/Reimbursable Allowance”) are repealed and re-promulgated both to reflect the numerous substantive revisions set forth in the proposed rule, and to incorporate improved formatting changes.

Subject: 

.

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

No contact

Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 

STATEMENT OF BASIS AND PURPOSE

The Office of Environmental Remediation (“Office” or “OER”) oversees the New York City Brownfield Incentive Grant (“BIG”) Program. Through the BIG program, OER awards several grants, including the BrownfieldWorks! Job Training Bonus Cleanup Grant, which was created to encourage environmental businesses and contractors to hire graduates of local workforce development programs.

 

OER was established by Local Law No. 27 of 2009, and Charter § 15(e)(5) authorizes its Director to administer financial incentive programs to promote the identification, investigation, remediation, and redevelopment of brownfields. Section 15(e)(6) authorizes the Director to promote community participation in these activities. Section 15(e)(18) authorizes the Director to promulgate rules in connection with such programs.

 

OER designed the BrownfieldWorks! Program to provide workforce development graduates with work experience on brownfield projects by funding trainee salaries for a three-month period. In addition to providing valuable job experience and an opportunity to secure a full- time job, this program improves the quality of brownfield cleanups by bringing additional staff to oversee projects and providing developers with substantial savings on the cost of cleanup by providing cost effective environmental oversight during periods when remedial work is not active.

 

OER is currently authorized to make these grant funds payable to the workforce development organizations, developers or their environmental consultants. The current rule does not expressly authorize OER to pay grant funds to contractors who often hire trainees at brownfield projects. This rule change permits the BrownfieldWorks! Job Training Bonus Cleanup Grants to be paid directly to contractors, making it easier for additional developers to provide work experience to trainees.

Effective Date: 
Sat, 12/20/2014

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Monday, October 13, 2014
Proposed Rules Content: 

 

STATEMENT OF BASIS AND PURPOSE

The Office of Environmental Remediation (“Office” or “OER”) oversees and administers the New York City Brownfield Incentive Grant ("BIG") Program. Through the BIG program, OER awards several grants, including the BrownfieldWorks! Job Training Bonus Cleanup Grant, which was created to encourage environmental businesses and contractors to hire graduates of local workforce development programs.

OER was established by Local Law No. 27 of 2009, and Charter § 15(e)(5) authorizes its Director to administer financial incentive programs to promote the identification, investigation, remediation, and redevelopment of brownfields. Section 15(e)(6) authorizes the Director to promote community participation in these activities. Section 15(e)(18) authorizes the Director to promulgate rules in connection with such programs.

OER designed the BrownfieldWorks! Program to provide workforce development graduates with work experience on brownfield projects by funding trainee salaries for a three-month period. In addition to providing valuable job experience and an opportunity to secure a full- time job, this program improves the quality of brownfield cleanups by bringing additional staff to oversee projects and providing developers with substantial savings on the cost of cleanup by providing cost effective environmental oversight during periods when remedial work is not active.

OER is currently authorized to make these grant funds payable to the workforce development organizations, developers or their environmental consultants. The current rule does not expressly authorize OER to pay grant funds to contractors who often hire trainees at brownfield projects. This rule change would permit the BrownfieldWorks! Job Training Bonus Cleanup Grants to be paid directly to contractors, making it easier for additional developers to provide work experience to trainees. 

 

 

Subject: 

Amendment to the NYC Brownfield Incentive Grant Program

Location: 
Mayor’s Office of Environmental Remediation (OER)
100 Gold Street 2nd Fl, Central Park Room
New York, NY 10038
Contact: 

N/A

Download Copy of Proposed Rule (.pdf): 

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Wednesday, October 16, 2013
Proposed Rules Content: 

 

Statement of Basis and Purpose of Proposed Rule

 

On December 23, 2011 Governor Cuomo signed into law chapter 602 of the Laws of 2011, and on February 17, 2012, signed into law chapter 9 of the Laws of 2012, which amended the previous statute. This legislation allows New York City to issue up to 18,000 transferable licenses to for-hire vehicles authorizing them to pick up passengers by street hail anywhere outside Manhattan (except for the airports) and in Manhattan north of West 110th Street and north of East 96th Street. Up to 6,000 of these licenses for Street Hail Liveries can be issued in the first year of the program. Twenty percent of these licenses will be set aside for wheelchair accessible vehicles. As provided in the legislation, the TLC will make grants totaling up to $54 million available for SHL licensees who plan to purchase, or upfit, a vehicle for use as an Accessible Street Hail Livery.

 

As it moves forward to implement the program provided for in the legislation, the TLC is proposing rules that will govern the grant program. These rules provide that

 

·         Grants will be limited to $15,000.

·         Grants can be used to purchase an accessible vehicle for use as a street hail livery or have a vehicle retrofitted to be accessible.

·         Vehicles can be no more than three years old and must have fewer than 30,000 miles on the odometer.

·         The vehicle must be:

o   A pre-approved purpose-built accessible vehicle, or

o   Upfitted as part of a pre-approved package and provided by a pre-approved dealer, or

o   Otherwise approved by the TLC

·         Grants will be paid in installments over three years.

·         The TLC may withhold grant installments if it determines, among other things, that a recipient is no longer operating the vehicle as an Accessible Street Hail Livery.

 

These rules are authorized by Section 2303 of the Charter and Section 19-503 of the Administrative Code of the City of New York as well as the enabling legislation.

 

 

Subject: 

The Taxi and Limousine Commission is considering changing its rules. The change would set forth standards for the issuance of grants to persons acquiring vehicles to be used as Accessible Street Hail Liveries.

Location: 
Commission’s Public Hearing Room
33 Beaver St, 19th Floor
New York, NY 10004
Contact: 

Taxi and Limousine Commission, Office of Legal Affairs
33 Beaver Street – 22nd Floor,
New York, New York 10004.
212-676-1102
tlcrules@tlc.nyc.gov
www.nyc.gov/nycrules

Adopted Rules: Closed to Comments

Adopted Rules Content: 



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



Effective Date: 
Wed, 11/30/2011