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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

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Tuesday, September 18, 2012
Proposed Rules Content: 

 

 

Statement of Basis and Purpose of Proposed Rules

 

These proposed rules are authorized by Section 2303 of the Charter and Sections 19-503 and 19-506 of the New York City Administrative Code.  The proposed rules seek to amend the Taxi and Limousine Commission’s rules in order to implement recent legislation passed by the New York City Council, to increase penalties for illegal activities, and to address other technical considerations that were identified by TLC staff.

 

The proposed rule changes to Title 35 of the Rules of the City of New York are as follows:

 

  • Amendments to implement Local Law 36 of 2011, which prohibits the facilitation of sex trafficking with a vehicle;
  • Amendments to implement Local Law 32 of 2012, which increases the penalties for unlicensed activity and other unlawful conduct;
  • Amendments to increase the penalties for failure to comply with TLC safety standards; Amendments to TLC licensing requirements and standards;
  • Amendments to clarify TLC’s drug testing rules;
  • Amendments to the Owner Must Drive Rule;
  • Amendment to TPEP specifications for Hybrid and Clean-Air Taxicabs that do not require a partition. Amendments to require For Hire Vehicle Owners to maintain and provide the Commission with a valid email address.
  • Amendments to taxicab specifications, requiring all taxicabs to be fitted with operable rear windows.

 

 

Subject: 

The Taxi and Limousine Commission (“TLC”) is considering amendments to its rules to reflect technical considerations identified by TLC staff and in order to implement recent legislation passed by the New York City Council.

Location: 
Hearing Room
33 Beaver Street, 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

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