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

Agency:
Comment By: 
Friday, October 4, 2019
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Amendment to The Rules 

On January 5, 2016, Local Law 2 of 2016 (“the Law”) was enacted.  The Law empowers the Mayor of the City of New York (“the Mayor”) to authorize a program that will reimburse qualifying nonpublic schools for the cost of purchasing certain security services.  In a letter dated March 30, 2016, the Mayor authorized this reimbursement program for the 2016-17 school year.  The Law also authorizes the Mayor to designate an agency or agencies to administer the reimbursement program.  In a letter dated March 10, 2016, the Mayor designated the Department of Citywide Administrative Services (“DCAS”) to administer the Law.  Finally, the Law authorizes DCAS to promulgate rules for the administration of the reimbursement program. 

The amendment to the rules:

·      

Requires that a Security Guard Company perform a criminal history check as part of its background investigation for its Security Guards;

·      

Adds a requirement for Security Guard companies to immediately submit changed information to DCAS;

  • Clarifies the time frame that DCAS shall respond to each school following the submissions of their application; 
  • Revises the training and communication equipment requirements that applies to security guards; 
  • Establishes the requirement that the security guard company enroll in PASSPort.
Subject: 

Amendment of Rules Governing Nonpublic School Security Guard Program

Location: 
125 Worth Street 2nd Floor Auditorium
New York, NY 10013
Contact: 

No contact

Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Rule

 

Section 2-57(c) of Title 6 of the Rules of the City of New York, Chapter 2, subchapter F, sets forth the insurance requirements that must be satisfied by a sidewalk café licensee throughout the term of its license.  This rule is amended to clarify the insurance requirements and bring them, including by raising the minimum amounts of coverage, into conformity with city-wide standards. 

 

     Specifically, the amendments:

 

  • Clarify the A.M. Best or Standard & Poor’s rating the issuing insurance company must satisfy;

 

  • Raise the minimum amounts of coverage to one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) aggregate;

 

  • Clarify that the coverage must at least be as broad as provided in the most recently issued edition of Insurance Services (“ISO”) Form CG 001 and that it be “occurrence” rather than “claims-made”;

 

  • Clarify that the coverage for the City of New York as an Additional Insured must be as broad as provided in the most recent edition of the ISO Form CG 2026;

 

  • Require that the coverage meet the requirements of the rule and the terms of the licensee’s revocable consent agreement;

 

  • Require that the licensee provide to the Department an endorsement(s) naming the City of New York as an Additional Insured and proof of the insurance by submission of a certificate of insurance in a form satisfactory to the Department; and

 

  • Require that the endorsement and certificate of insurance satisfy the requirements of the rule and the terms of the licensee’s revocable consent agreement, clarify the information that must be included, and require a sworn statement in a form prescribed by the Department from a licensed insurer or broker certifying that the certificate of insurance is accurate in all material aspects.

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

 

Rule

 

Subdivision (c) of section 2-57 of Title 6 of the Rules of the City of New York is amended to read as follows:

 

(c) [Every licensee must secure and maintain throughout the term of the license liability insurance issued by a company duly authorized to do business in the State of New York, insuring the licensee and the city of New York and to hold them harmless from and against any claim, injury, or damage caused or alleged to be caused by or as a result of the construction, operation or use of the sidewalk café and any structure hereby authorized in the following amounts:] Insurance Requirements.

(1) [For bodily injury including death, in (i) the minimum amount of $100,000 for any one (1) person and (ii) the minimum amount of $300,000 for any one (1) accident; and] Every licensee must secure and maintain throughout the term of the license commercial general liability (“CGL”) insurance, which shall:

(i) be issued by a company that may lawfully issue the CGL policy.  The company must have an A.M. Best rating of at least A-/VII or a Standard and Poor’s rating of at least A;

(ii) insure both the licensee and the City of New York and protect them from any claims for injury (including death) or property damage that may arise from or allegedly arises from construction, operation or use of the sidewalk café and any structure hereby authorized;

(iii) provide coverage of at least one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) aggregate;

(iv) provide coverage at least as broad as that provided in the most recently issued edition of Insurance Services Office (“ISO”) Form CG 001 and be “occurrence” based rather than “claims-made”; and

(v) name the City of New York as an Additional Insured with coverage at least as broad as the most recent edition ISO Form CG 2026.

(2) [for property damage in the minimum amount of $25,000.] Failure to maintain insurance coverage in [the foregoing amounts] complete conformity with this rule and the terms of licensee’s revocable consent agreement shall cause the immediate revocation of the license.

(3) Every licensee shall provide the endorsement(s) naming the City as an Additional Insured and proof of CGL insurance by submission of a certificate of insurance in a form satisfactory to the Department that:

(i) satisfies the requirements of this rule and the terms of licensee’s revocable consent agreement;

(ii) identifies the insurance company that issued such insurance policy, the policy number, limit(s) of insurance, and expiration date; and

(iii) is accompanied by a sworn statement in a form prescribed by the Department from a licensed insurance broker or agent certifying that the certificate of insurance is accurate in all material respects.

 

 

Effective Date: 
Fri, 10/02/2015

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Monday, August 10, 2015
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

Section 2-57(c) of Title 6 of the Rules of the City of New York, Chapter 2, subchapter F, sets forth the insurance requirements that must be satisfied by a sidewalk café licensee throughout the term of its license.  The Department of Consumer Affairs proposes amendments to clarify the requirements and bring them into line with city-wide standards, including by raising the minimum amounts of coverage.  Specifically, the proposed amendments:

  • Clarify the A.M. Best or Standard & Poor’s rating the issuing insurance company must satisfy;

 

  • Raise the minimum amounts of coverage to one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) aggregate;

 

  • Clarify that the coverage must at least be as broad as provided in the most recently issued edition of Insurance Services (“ISO”) Form CG 001 and that it be “occurrence” rather than “claims-made”;

 

  • Clarify that the coverage for the City of New York as an Additional Insured must be as broad as provided in the most recent edition of the ISO Form CG 2026;

 

  • Require that the coverage meet the requirements of the rule and the terms of the licensee’s revocable consent agreement;

 

  • Require that the licensee provide to the Department an endorsement(s) naming the City of New York as an Additional Insured and proof of the insurance by submission of a certificate of insurance in a form satisfactory to the Department; and

 

  • Require that the endorsement and certificate of insurance satisfy the requirements of the rule and the terms of the licensee’s revocable consent agreement, clarify the information that must be included, and require a sworn statement in a form prescribed by the Department from a licensed insurer or broker certifying that the certificate of insurance is accurate in all material aspects.

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.

 

Proposed Rule

Subdivision (c) of section 2-57 of Title 6 of the Rules of the City of New York is amended to read as follows:

 

(c) [Every licensee must secure and maintain throughout the term of the license liability insurance issued by a company duly authorized to do business in the State of New York, insuring the licensee and the city of New York and to hold them harmless from and against any claim, injury, or damage caused or alleged to be caused by or as a result of the construction, operation or use of the sidewalk café and any structure hereby authorized in the following amounts:] Insurance Requirements.

(1) [For bodily injury including death, in (i) the minimum amount of $100,000 for any one (1) person and (ii) the minimum amount of $300,000 for any one (1) accident; and] Every licensee must secure and maintain throughout the term of the license commercial general liability (“CGL”) insurance, which shall:

(i) be issued by a company that may lawfully issue the CGL policy.  The company must have an A.M. Best rating of at least A-/VII or a Standard and Poor’s rating of at least A;

(ii) insure both the licensee and the City of New York and protect them from any claims for injury (including death) or property damage that may arise from or allegedly arises from construction, operation or use of the sidewalk café and any structure hereby authorized;

(iii) provide coverage of at least one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) aggregate;

(iv) provide coverage at least as broad as that provided in the most recently issued edition of Insurance Services Office (“ISO”) Form CG 001 and be “occurrence” based rather than “claims-made”; and

(v) name the City of New York as an Additional Insured with coverage at least as broad as the most recent edition ISO Form CG 2026.

(2) [for property damage in the minimum amount of $25,000.] Failure to maintain insurance coverage in [the foregoing amounts] complete conformity with this rule and the terms of licensee’s revocable consent agreement shall cause the immediate revocation of the license.

(3) Every licensee shall provide the endorsement(s) naming the City as an Additional Insured and proof of CGL insurance by submission of a certificate of insurance in a form satisfactory to the Department that:

(i) satisfies the requirements of this rule and the terms of licensee’s revocable consent agreement;

(ii) identifies the insurance company that issued such insurance policy, the policy number, limit(s) of insurance, and expiration date; and

(iii) is accompanied by a sworn statement in a form prescribed by the Department from a licensed insurance broker or agent certifying that the certificate of insurance is accurate in all material respects.

Subject: 

Sidewalk Cafe Insurance Rule

Location: 
66 John Street, 11th Floor
New York, NY 10038
Contact: 

Mary Cooley at 212-436-0392 or mcooley@dca.nyc.gov

Download Copy of Proposed Rule (.pdf): 

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Friday, August 29, 2014
Proposed Rules Content: 

 

Statement of Basis and Purpose of Proposed Rule 

 

These rule amendments are proposed pursuant to the authority of the Commissioner of the New York City Department of Buildings “Department” under Sections 643 and 1043(a) of the New York City Charter and Section 28-103.15 of the New York City Administrative Code.  Under Section 28-103.15, the Commissioner may require an applicant for a work permit to provide proof of workers’ compensation, disability and general liability insurance for a project “in such amounts and in accordance with such specifications as shall be set forth in the rules of the department or as otherwise required by law.” Section 101-08 of Title 1 of the Rules of the City of New York sets forth the specific proof-of-insurance requirements that applicants for work permits must satisfy in order for the Department to issue or renew the necessary permit. 

 

The proposed amendments to Section 101-08: 

 

·        Amend the list of the types of permits to which the rule applies. This will make the rule line up with changes that Local Law 141 of 2013 made to the Administrative Code;  

 

·        Add a requirement of $1 million in liability insurance for the installation of scaffolds and sidewalk sheds; 

 

·        Clarify that project-specific liability insurance (when required) must cover the type of work to be performed as described in the permit; 

 

·        Add a requirement of $2 million in liability insurance for raising or moving a building;  

 

·        Eliminate the requirement that a permittee’s liability insurance policy contain a certain cancellation provision, because the inclusion of such provision is already required under the New York State Insurance Law; 

 

·        Prohibit a permittee’s liability insurance policy from containing exclusions for work performed within the city of New York or for the type of work described in the work permit; 

 

·       Correct a typographical error in the official publication of the rule related to the proposed number of stories for a certain category of buildings that has a $25 million insurance requirement for a new building or major alteration. 

 

The Department of Buildings’ authority for these rules is found in Sections 643 and 1043 of the New York City Charter and Section 28-103.15 of the New York City Administrative Code.

  

New text is underlined. [Deleted material is in brackets.] 

 

 

Location: 
Department of Buildings
280 Broadway, 3rd floor conference room
New York, NY 10007
Contact: 

No contact

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Thursday, March 6, 2014
Proposed 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 grants to support and advance brownfield projects across the city by making grants available to projects from the earliest stages of project development through project remediation.

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.

 

Since 2011, OER has provided over one hundred Brownfield Incentive Grants to for-profit and non-profit developers undertaking cleanup and redevelopment of sites in the City voluntary cleanup program and to community based organizations seeking to apply for or advance their State-funded Brownfield Opportunity Area ("BOA") planning in neighborhoods across the city. Because of the rapid growth in the participation of developers in the City voluntary cleanup program, the entire original fund established to fund the BIG program has been earmarked. OER has sought and obtained new funding from the City for the BIG program to partially replenish the original fund.

The proposed rules would enable operation of the BIG program with reduced appropriations. In addition, OER is proposing additional changes to the BIG program to increase the program’s value for developers remediating brownfields across the city.  

 

The proposed amendments:

·         create new Brownfield Incentive Grants;

·         make the first significant revisions to the list of eligible services and activities that are eligible for reimbursement with City brownfield grant funds;

·         reduce the size of several City cleanup grants for future projects to reflect reduced funding;

·         increase the amount of funding for BOA for community-based organizations;

·         for the first time, restrict the city-wide reach of the BIG  program;

·         eliminate the environmental insurance grant and replace it with a new eligible service;

·         consolidate certain technical services; and

·         boost reimbursement for preparation of a site management plan

 

New Brownfield Incentive Grants

 

The proposed amendments would create four new Brownfield Incentive Grants to encourage the redevelopment of brownfields:

 

1)    A Climate Change Resilience Bonus Cleanup Grant of up to $5,000 to accelerate cleanup of properties in coastal flood zones;

2)    A Brownfield Green Job Training Bonus Cleanup Grant of up to $6,000 to encourage developers to hire participants in job training programs so they can acquire work experience at sites in the City brownfield cleanup program;

3)    A City Pre-enrollment Grant of up $100,000 for site investigations and remedial planning activities at publicly owned sites and sites with environmental tax liens; and

4)    A Green Property Certification Bonus Cleanup Grant of up to $1,000 to pay for a New York City green property certification plaque for sites that complete cleanups in the City voluntary cleanup program.

 

Addition of New Eligible Services 

The proposed amendments would make significant revisions to the list of services and activities that are eligible for reimbursement with City brownfield grant funds. These changes are referenced in § 43-1419 and set forth in Schedule B. The new services include:

·         the installation of soil vapor management systems;

·         the cost of field oversight of remedial activities by qualified environmental professionals;

·         the production of a remedial investigation report and a remedial action report,

·         the reimbursement for an attorney’s due diligence on a property prior to its enrollment in the City voluntary cleanup program, and

·         reimbursement for environmental insurance 

Reduction in Size of Cleanup Grants

The proposed amendments would reduce the size of several City cleanup grants for future projects because of the reduced City appropriations:

·         The proposed reductions would decrease the maximum grant awards by more than half for:

o   the standard cleanup grant;

o   the cleanup grant for preferred community development projects; and

o   the track-one bonus cleanup grant.

·         The E-designation and restrictive declaration remediation grants would be cut in half.

Increase in Funding of BOA Grants          

            The proposed amendments would increase from $25,000 to $50,000 the total amount of City funds that community-based organizations with BOA contracts could receive in the form of Local Match grants. These changes are set forth in § 43-1422 as well as Schedule A.


            Restrictions on Size and Location of Eligible Sites

For the first time, the proposed amendments would restrict the city-wide reach of the BIG grant program. Projects larger than 100,000 square feet and projects at or south of 96th Street in Manhattan would be ineligible for City BIG funds if they had not enrolled in the City voluntary cleanup program by April 2013.

           
            Amendments to Insurance Grant  

            The proposed amendments would eliminate the environmental insurance grant and replace it with a new eligible service that would reimburse parties for the premiums they paid for environmental insurance policies for projects that are enrolled in the City voluntary cleanup program.

 

            Consolidation of Technical Services        

            Additional rule amendments would consolidate certain technical services, including:

·         reimbursement for the preparation of a remedial investigation document, a new service, which would cover all remediation investigation activities and preparation of a remedial action work plan;

·         reimbursement for the preparation of a remedial action report, a new service, which would cover all remedial action oversight activities and preparation of a remedial action report;

·         simplified reimbursement for laboratory analysis of environmental samples collected in the field by the elimination of separate payments for analysis of individual metals, volatile and semi-volatile compounds, and replacing these with reimbursement for analysis of groups of similar compounds known as Target Analyte List metals, Target Compound List SVOCs, and Target Compound List VOCs.

 

Reimbursement for Site Management Plans

The proposed amendments would boost reimbursement for preparation of a site management plan from $2,500 to $7,500.

 

Subject: 

Opportunity to comment on the Office of Environmental Remediation’s proposed amendments to the New York City Brownfield Incentive Grant Program rules

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

Dr. Daniel C. Walsh
Director of Environmental Remediation
253 Broadway, 14th floor
New York, NY 10007

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Monday, November 14, 2011
Proposed Rules Content: 



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