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Proposed Rules: Open to Comments

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Agency:
Comment By: 
Wednesday, April 26, 2017
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

On May 11, 2016, Chapter 43 of Title 15 of the Rules of the City of New York, establishing a penalty schedule for violations of the Air Code, took effect. It has since been discovered that there is an error in the penalty schedule.

Administrative Code Section 24-169, which prohibits the use, purchase, sale, offer, storage or transport of fuel with excess sulfur content, is listed in the penalty schedule with the incorrect subdivision. The schedule should include § 24-169(a) and § 24-169(b) but not § 24-169(c), which is not a charging section. The amounts of the penalties are set forth correctly, and remain unchanged.

Subject: 

DEP Amendments to the Penalty Schedule for Violations of the Air Code

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

No contact

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Wednesday, April 19, 2017
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

The New York City Department of Sanitation (“DSNY”) is proposing to create a new chapter that will include certain provisions of its existing penalty schedule, which is currently found in Title 48 of the Rules of the City of New York, by moving those provisions into Title 16 of the Rules of the City of New York. DSNY also proposes to establish penalties for repeat violations of certain provisions as described in Local Law 75 of 2016.

Currently the penalties for violations of §16-118 of the New York City Administrative Code (“Administrative Code”) that pertain to certain types of littering infractions, are found in 48 RCNY § 3-122. The Office of Administrative Trials and Hearings, Environmental Control Board (“OATH ECB”), is in the process of repealing all penalty schedules in its rules so they can be relocated to the rules of the enforcement agencies with primary rulemaking and policymaking jurisdiction over the laws that underlie these penalties. In conjunction with this rule, OATH ECB will remove the penalties for violations of §16-118 that pertain to littering from its rule.

In 2003, a civil penalty of $100 was established for violations of subdivisions (2), (3), (4), (6) and (7) of §16-118. Additionally in 2003, penalties for violations of subdivisions (3), (4) and (6) were set at $250 for a second offense and $350 for a third and subsequent offense within a 12 month period. Defaults for violations of these provisions are set at the maximum penalty that can be assessed. All penalties are within the monetary ranges specified in §16-118.

Local Law 75 of 2016 amended §16-118(1) to establish a new violation for spitting. In addition, Local Law 75 also establishes a specific penalty for public urination. Local Law 75 was passed as part of the Criminal Justice Reform Act, a package of bills passed by the City Council that aims to build stronger and safer neighborhoods by reducing arrests and incarceration. Local Law 75 imposes a fixed penalty of $75 for first time violations of §16-118(1) and 16-118(6), and provides for a range of penalties for subsequent offenses of those provisions. The penalties for subsequent offenses of those provisions are fixed at the minimum amounts authorized by Local Law 75. Additionally, the default penalties for all violations found in §16-118(1) and for public urination under §16-118(6) have been set at 150 percent of the penalty imposed, not to exceed $400.

Working with the City’s rulemaking agencies, the Law Department, OMB, and the Office of Operations conducted a retrospective rules review of the City’s existing rules, identifying those rules that will be repealed or modified to reduce regulatory burdens, increase equity, support small businesses, and simplify and update content to help support public understanding and compliance. This proposed rule meets the criteria for this initiative.

DSNY’s authority for these rules is found in sections 753 and 1043 of the New York City Charter, and section 16-118 of the New York City Administrative Code.

Subject: 

DSNY Proposed Rule Relating to Penalties for Littering Offenses

Location: 
DSNY Headquarters
125 Worth Street Room 819
New York, NY 10013
Contact: 

Madelynn Liguori mliguori@dsny.nyc.gov

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Proposed Rule

DEP is adopting a new rule to be found at Title 15 of the Rules of the City of New York (RCNY) Chapter 47, to establish penalties for violations of Title 24, Chapter 1 of the New York City Administrative Code, also known as the Noise Control Code (Noise Code) as amended by Local Law 72 of 2016 (LL 72), as well as violations of 15 RCNY Chapter 28, which governs noise from construction. The proposed rules are authorized by section 1043 of the Charter of the City of New York and sections 24-204 and 24-257 of the Noise Code.

LL 72 amends section 24-218 of the Noise Code by adding a new subdivision (a-1) applying to unreasonable noise violations committed in a commercial context or in certain cases by building owners. The law also amends section 24-257 to change the penalty range for a first offense of section 24-218(a) to $75 to $150, the civil penalty for a second offense within two years to $150 to $250, and the civil penalty for a third offense within two years to $350 to $500. The current penalties for unreasonable noise will now be applicable to violations of section 24-218(a-1).

The current Noise Code Penalty Schedule, which is located in the rules of the Office of Administrative Trials and Hearings (OATH) at 48 RCNY § 3-115, is not being changed, other than the changes required by LL 72 as described above. OATH will repeal the existing penalty schedule from its rules on the same day that this proposed rule takes effect.

Although OATH ECB is empowered to impose penalties under the New York City Charter and has promulgated penalty schedules, the enforcement agencies have the expertise to recommend appropriate penalties based on the severity of each violation and its effect on City residents. Moving the penalty schedule will also make it easier for the public to find the penalties, which will be located within the same chapter as the rules supporting the violations alleged in the summonses. Finally, the proposed rule relocation will speed up the rulemaking process by eliminating the need for board approval of penalties that have already been established by the legislature or that have already undergone the City Administrative Procedure Act (CAPA) process by the enforcement agency.
Working with the City’s rulemaking agencies, the Law Department, the Mayor’s Office of Management and Budget, and the Mayor’s Office of Operations conducted a retrospective rules review of the City’s existing rules, identifying those rules that will be repealed or modified to reduce regulatory burdens, increase equity, support small businesses, and simplify and update content to help support public understanding and compliance. The proposed repeal of 48 RCNY §3-115 was identified as meeting the criteria for this initiative.

Effective Date: 
Fri, 03/24/2017

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Mayor’s Office of Special Enforcement

NOTICE OF ADOPTION OF FINAL RULES GOVERNING UNLAWFUL ADVERTISEMENT FOR CERTAIN OCCUPANCIES

NOTICE IS HEREBY GIVEN in accordance with the requirements of section 1043 of the New York City Charter and exercising the authority vested in the Mayor’s Office of Special Enforcement (“MOSE”) by Section 1043 of the New York City Charter and chapter 396 of the Laws of 2016 (section 27-287.1 of the Administrative Code of the City of New York) MOSE adopts the following rules governing unlawful advertisement for certain occupancies.  OSE published a Notice of Opportunity to Comment on the proposed rules in the City Record on November 18, 2016.  On December 19, 2016, OSE held a public hearing on the proposed rules.


Statement of Basis and Purpose of Rule

Chapter 396 of the Laws of 2016, enacted on October 21, 2016, establishes two new provisions of law: section 212 of the New York State Multiple Dwellings Law, and section 27-287.1 of the Administrative Code of the City of New York (the City’s Building Code).  Both provisions prohibit the advertising of dwelling units in a Class A multiple dwelling, as defined in the Multiple Dwelling Law, for any purpose or use other than permanent residential occupancy. This prohibition applies to all forms of advertising, including electronic and printed materials, television, and radio.  The statute specifies that it is to be enforced in New York City by the Mayor’s Office of Special Enforcement.

The purpose of this rule is to implement chapter 396 of the Laws of 2016 by specifying the penalties for violation of the statutory prohibition. Persons found to have violated the prohibition will be fined $1,000 for the first violation, $5,000 for the second violation and $7,500 for the third and subsequent violations.  Like all violations of the City’s Building Code, notices of violation relating to the new prohibition will be returnable at the Environmental Control Board within the Office of Administrative Trials and Hearings.

The authority of the Mayor’s Office of Special Enforcement for these rules is found in section 1043 of the New York City Charter and section 27-287.1 of the New York City Administrative Code.

Effective Date: 
Mon, 01/30/2017

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Monday, February 6, 2017
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

DEP is proposing a new rule to be found at Title 15 of the Rules of the City of New York (RCNY) Chapter 47, to establish penalties for violations of Title 24, Chapter 1 of the New York City Administrative Code, also known as the Noise Control Code (Noise Code) as amended by Local Law 72 of 2016 (LL 72), as well as violations of 15 RCNY Chapter 28, which governs noise from construction. The proposed rules are authorized by section 1043 of the Charter of the City of New York and sections 24-204 and 24-257 of the Noise Code.

LL 72 amends section 24-218 of the Noise Code by adding a new subdivision (a-1) applying to unreasonable noise violations committed in a commercial context or in certain cases by building owners. The law also amends section 24-257 to change the penalty range for a first offense of section 24-218(a) to $75 to $150, the civil penalty for a second offense within two years to $150 to $250, and the civil penalty for a third offense within two years to $350 to $500. The current penalties for unreasonable noise will now be applicable to violations of section 24-218(a-1).

The current Noise Code Penalty Schedule, which is located in the rules of the Office of Administrative Trials and Hearings (OATH) at 48 RCNY § 3-115, is not being changed, other than the changes required by LL 72 as described above. OATH will repeal the existing penalty schedule from its rules on the same day that this proposed rule takes effect.

Although OATH ECB is empowered to impose penalties under the New York City Charter and has promulgated penalty schedules, the enforcement agencies have the expertise to recommend appropriate penalties based on the severity of each violation and its effect on City residents. Moving the penalty schedule will also make it easier for the public to find the penalties, which will be located within the same chapter as the rules supporting the violations alleged in the summonses. Finally, the proposed rule relocation will speed up the rulemaking process by eliminating the need for board approval of penalties that have already been established by the legislature or that have already undergone the City Administrative Procedure Act (CAPA) process by the enforcement agency.
Working with the City’s rulemaking agencies, the Law Department, the Mayor’s Office of Management and Budget, and the Mayor’s Office of Operations conducted a retrospective rules review of the City’s existing rules, identifying those rules that will be repealed or modified to reduce regulatory burdens, increase equity, support small businesses, and simplify and update content to help support public understanding and compliance. The proposed repeal of 48 RCNY §3-115 was identified as meeting the criteria for this initiative.
Consistent with the above, DEP promulgates the following new Rule, to be found at 15 RCNY Chapter 47.

Subject: 

DEP Noise Code Penalty Rule

Location: 
DEP 19 Floor Conference Room
59-17 Junction Boulevard 19 Floor
Flushing, NY 11373
Contact: 

No contact

Proposed Rules: Closed to Comments (View Public Comments Received:3)

Agency:
Comment By: 
Monday, December 19, 2016
Proposed Rules Content: 

 Statement of Basis and Purpose of Proposed Rule

Chapter 396 of the Laws of 2016, enacted on October 21, 2016, establishes two new provisions of law: section 212 of the New York State Multiple Dwellings Law, and section 27-287.1 of the Administrative Code of the City of New York (the City’s Building Code). Both provisions prohibit the advertising of dwelling units in a Class A multiple dwelling, as defined in the Multiple Dwelling Law, for any purpose or use other than permanent residential occupancy. This prohibition applies to all forms of advertising, including electronic and printed materials, television, and radio. The statute specifies that it is to be enforced in New York City by the Mayor’s Office of Special Enforcement.

The purpose of this proposed rule is to implement chapter 396 of the Laws of 2016 by specifying the penalties for violation of the statutory prohibition. Persons found to have violated the prohibition will be fined $1,000 for the first violation, $5,000 for the second violation and $7,500 for the third and subsequent violations. Like all violations of the City’s Building Code, notices of violation relating to the new prohibition will be returnable at the Environmental Control Board.

The authority of the Mayor’s Office of Special Enforcement for these rules is found in section 1043 of the New York City Charter and section 27-287.1 of the New York City Administrative Code.

Subject: 

Prohibited Advertising of Certain Dwelling Units

Location: 
Spector Hall on the ground level
22 Reade Street
New York, NY 10007

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Rule

On May 6, 2016, Subchapter 5 of Title 24, Chapter 1 of the Administrative Code was repealed. The repealed subchapter had set forth fees for the Air Pollution Control Code. A rule was promulgated to replace the fees which had been set forth in the repealed subchapter; however, certain fees were not carried over. The purpose of this rule is to carry over those omitted fees.

Effective Date: 
Mon, 09/05/2016

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Proposed Rule

DEP is proposing new rules, to be found at Title 15 of the Rules of the City of New York (“RCNY”) Chapter 43, to establish penalties for violations of Title 24, Chapter 1 of the New York City Administrative Code, also known as the Air Pollution Control Code (“Air Code”), as amended by Local Law 38 of 2015 (“LL 38”). The proposed rules are authorized by Section 1043 of the Charter of the City of New York and sections 24-105 and 24-178 of the Administrative Code.
LL 38, which takes effect on May 6, 2016, amends Title 24 of the Administrative Code by adding a new Table of Civil Penalties, replacing the existing table, which is found in Section 24-178(b)(5)(i), and simplifies the existing table by establishing four categories of violations, with minimum penalties of $200, $400, $800 and $1600, respectively. The existing table has a wider range of penalties and requires frequent references to accompanying schedules that have been eliminated from the new table.

The existing Air Code Penalty Schedule is incorporated into the rules of the Office of Administrative Trials and Hearings/Environmental Control Board (“OATH/ECB”) published at 48 RCNY§3-102. Because the penalties in the existing Air Code Penalty Schedule do not, in many cases, fall within the range of penalties established by LL 38, a new Air Code Penalty Schedule is being proposed. The new penalty schedule would take effect on May 6, 2016, the same date as LL 38 becomes effective. It would apply as provided by proposed rules of OATH/ECB, which would also repeal the existing penalty schedule, effective the same day.

Effective Date: 
Wed, 05/11/2016

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Thursday, April 7, 2016
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

DEP is proposing new rules, to be found at Title 15 of the Rules of the City of New York (“RCNY”) Chapter 43, to establish penalties for violations of Title 24, Chapter 1 of the New York City Administrative Code, also known as the Air Pollution Control Code (“Air Code”), as amended by Local Law 38 of 2015 (“LL 38”). The proposed rules are authorized by Section 1043 of the Charter of the City of New York and sections 24-105 and 24-178 of the Administrative Code.
LL 38, which takes effect on May 6, 2016, amends Title 24 of the Administrative Code by adding a new Table of Civil Penalties, replacing the existing table, which is found in Section 24-178(b)(5)(i), and simplifies the existing table by establishing four categories of violations, with minimum penalties of $200, $400, $800 and $1600, respectively. The existing table has a wider range of penalties and requires frequent references to accompanying schedules that have been eliminated from the new table.

The existing Air Code Penalty Schedule is incorporated into the rules of the Office of Administrative Trials and Hearings/Environmental Control Board (“OATH/ECB”) published at 48 RCNY 3-102. Because the penalties in the existing Air Code Penalty Schedule do not, in many cases, fall within the range of penalties established by LL 38, a new Air Code Penalty Schedule is being proposed. The new penalty schedule would take effect on May 6, 2016, the same date as LL 38 becomes effective. It would apply as provided by proposed rules of OATH/ECB, which would also repeal the existing penalty schedule, effective the same day.

Keywords:
Subject: 

Air Code Penalty Proposed Rule

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

Russell Pecunies

Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 



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



Effective Date: 
Wed, 08/31/2011

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