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Proposed Rules: Open to Comments

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Agency:
Comment By: 
Wednesday, January 2, 2019
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rules
The Department of Environmental Protection (“DEP” or the “Department”) is proposing rules to amend Title 15 of the Rules of the City of New York (RCNY) by adding a new Chapter 56 that would establish penalties for violations of Chapter 5 and 5-A of Title 24 of the Administrative Code of the City of New York (Administrative Code), Chapter 19 of Title 15 of the RCNY, and Chapter 19.1 of Title 15 of the RCNY.
The proposed rules would establish the Sewer Control Rules Penalty Schedule, to be found at a new Chapter 56 of Title 15 of the RCNY. The proposed rules are, in part, needed to comply with the New York City municipal separate storm sewer system permit (NYC MS4 permit), issued by the New York State Department of Environmental Conservation (NYSDEC) on August 1, 2015 pursuant to the federal Clean Water Act.
The NYC MS4 permit requires the City to develop and implement a number of programs to reduce pollutants in certain stormwater discharges to local waterbodies. To that end, DEP has proposed a new Chapter 19.1 of Title 15 of the RCNY, which enables the Commissioner to protect waters of the state by establishing the following two new regulatory programs required by the NYC MS4 permit:
(i) an inspection and enforcement program to ensure that industrial stormwater sources are in compliance with state and local stormwater requirements; and
(ii) a permitting, inspection and enforcement program for covered development projects, as defined in the rule, including requirements for construction and post-construction stormwater controls, standards for such controls, and penalties for non-compliance with the rules and permit conditions.
The proposed Sewer Control Rules Penalty Schedule is intended, in part, to enforce the program described in (i) above. The program described in (ii) above will have a separate penalty schedule.
The existing Sewer Control Rules Penalty Schedule, which is located in the rules of the Office of Administrative Trials and Hearings’ Environmental Control Board (OATH ECB) at 48 RCNY§ 3-123, will be repealed by OATH ECB on the same day that these proposed rules take effect. The proposed Sewer Control Rules Penalty Schedule is unchanged from the existing rule, except for additional penalties to enforce the following new sections in the proposed new Chapter 19.1 of Title 15 of the RCNY and Chapter 5-A of Title 24 of the Administrative Code:
• 15 RCNY 19.1-02.1 - Discharge in excess of interim or final limits for toxic parameter under SPDES Multi-Sector General Permit
• 15 RCNY 19.1-02.1 - Discharge in excess of interim or final effluent limits for non-toxic parameter under SPDES Multi-Sector General Permit but less than 10x the limit / Unauthorized discharge
• 15 RCNY 19.1-02.1 - Discharge in excess of interim or final effluent limits for non-toxic parameter under SPDES Multi-Sector General Permit and equal to 10x the limit or greater / Significant unauthorized discharge
• 15 RCNY 19.1-02.3 - Refusal to allow inspection/tampering with sampling or testing device
• A.C. 24-573 / 15RCNY 19.1-02.4 - Failure to maintain/submit required record/report
• A.C. 24-585 - Failure to comply with Comm’s Order
• 15 RCNY 19.1-02.1 - Failure to comply with terms of permit reporting requirements
• 15 RCNY 19.1-02.1 - Failure to comply with terms of permit other than reporting requirements
• 15 RCNY 19.1-01.4 - Failure to comply with Storm Water Pollution Prevention Plan
• 15 RCNY 19.1-02.1 - Providing false or misleading information
• 15 RCNY 19.1-01.4 - Failure to protect against accidental discharge
• A.C. Title 24, Ch.5-A and 15 RCNY Ch. 19.1 - Miscellaneous Administrative Code/Rule violation
• A.C. Title 24, Ch.5-A and 15 RCNY Ch. 19.1 - Any serious Administrative Code/Rule violation
The proposed version of sections 19.1-01 through 19.1-02 of these rules has been published and is expected to be in effect when this penalty schedule goes into effect. These sections relate to the general administration, and enforcement of the industrial and commercial stormwater control program.
Although OATH ECB is empowered to impose penalties under the City Charter and has until now promulgated penalty schedules, the regulatory and enforcement agencies have the necessary expertise to determine appropriate penalties for violations of the rules and of the laws within their jurisdiction based on the severity of each violation and its effect on City residents. Moving the penalty schedule to DEP’s rules 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 OATH ECB approval of proposed or amended penalties for agency rules that have already been established by the legislature and/or that have already undergone the City Administrative Procedure Act (CAPA) process by the enforcement agency. The public will still have the opportunity to comment on proposed penalties during that process.
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 §3-123 was identified as meeting the criteria for this initiative.

Subject: 

Promulgation of Penalties for Violation of Sewer Control Rules

Location: 
DEP 19th Floor FIshbowl Conference Room
59-17 Junction Blvd. 19 Floor
Flushing, NY 11373
Contact: 

No contact

Adopted Rules: Closed to Comments

Adopted Rules Content: 

The Commissioner of the New York City Department of Transportation (DOT) is authorized to promulgate rules regarding parking and traffic operations in the City by Section 2903(a) of the New York City Charter. The rules that DOT is amending are contained within Chapter 4 of Title 34 of the Rules of the City of New York, relating to the “Traffic Rules and Regulations.”

The purpose of these rule amendments is to reflect simplified parking signage that DOT has implemented over the last few years as well as to make general clean-up amendments. Specifically, the amendments to Chapter 4 of Title 34 are the following:

• Section 4-01(b) is amended to add a new definition for “dedicated use signs”, and update the definition of “taxi” to include green taxis.

• Section 4-08(a)(1) is amended to clarify that standing is prohibited when a dedicated use sign is posted.

• Section 4-08(a)(6) is amended to delete obsolete references to parking meters.

• Sections 4-08(c), 4-08(d), and 4-08(k), 4-08(l), and 4-08(o) are amended to clarify and delete certain references to specific dedicated use signs.

• Sections 4-08(d), 4-08(l)(1), and 4-08(o) are amended to update certain references to “handicapped permits”; delete a reference to a painted blue line in the Blue Zone; and delete certain obsolete portions of the rules relating to IVPS system.

• Section 4-11(a)(3) is being repealed in its entirety as it is no longer applicable.

• Section 4-12(m) is amended to reflect bus lane restrictions as contemplated by Local Law 113 of 2013.
In response to comments received by DOT, the following changes have been made to the proposed rule, which are reflected in the adopted rules:

• Remove proposed language regarding parking at a taxi stand so as not to conflict with 35 RCNY §80-19(c)(3).
• Clarify that an authorized bus cannot park even in an assigned bus stop.
• Consistently use the term “for-hire vehicle stand” instead of “for-hire vehicle stop”.

Effective Date: 
Wed, 08/01/2018

Proposed Rules: Closed to Comments (View Public Comments Received:2)

Agency:
Comment By: 
Tuesday, May 22, 2018
Proposed Rules Content: 

The Commissioner of the New York City Department of Transportation (DOT) is authorized to promulgate rules regarding parking and traffic operations in the City by Section 2903(a) of the New York City Charter. The rules that DOT is seeking to amend are contained within Chapter 4 of Title 34 of the Rules of the City of New York, relating to “Traffic Rules and Regulations.”

 

The purpose of these proposed rule amendments is to make clear that misuse of certain parking permits is a violation of DOT rules.

 

The amendments to Chapter 4 of Title 34 are detailed more specifically below:

 

·        

Section 4-08(a)(1) is amended to clarify that agency vehicles must follow parking rules.

·        

Section 4-08(o)(3) is amended to clarify eligibility for agency-authorized permits.

·        

Section 4-08(o)(3) is amended to add a violation for misuse of an agency-issued parking permit as a separate violation of DOT rules.

·        

Section 4-08(o)(3) is amended to add a violation for use of a fraudulent parking permit as a separate violation of DOT rules.

The New York City Department of Transportation’s authority for these rules is found in section 1043 and 2903(a) of the New York City Charter.

Subject: 

.

Location: 
55 Water Street, Concourse Level Entrance to Bid Room is located on the SE corner of 55 Water St facing the Vietnam Memorial Plaza
New York, NY 10041
Contact: 

No contact

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose

The amendments to Title 15 RCNY Chapter 19 (“Chapter 19”) are intended to add more clarity and specificity to the existing agency regulations in order to avoid confusion, and promote higher rates of compliance.

In addition, section 24-520.1 of the Administrative Code of the City of New York authorizes the Commissioner to regulate non-stormwater discharges into separate storm sewers. Specifically, the section authorizes DEP to establish “allowable runoff” through rules that are consistent with the City’s State Pollutant Discharge Elimination System (SPDES) Municipal Separate Storm Sewer System (MS4) permit and the proper maintenance and purpose of storm sewers.

Accordingly, the amendments are intended to add more clarity and specificity to the existing agency regulations in order to comply with the City’s Municipal Separate Storm Sewer System (MS4) permit, issued by the New York State Department of Environmental Conservation on August 1, 2015 pursuant to the federal Clean Water Act. The MS4 Permit requires the City to reduce pollutants in stormwater runoff that discharge to the local waterbodies.

Specifically, the amendments clarify that only stormwater and allowable runoff may enter a storm sewer, catch basin or manhole without written approval.

The amendments add §19-13 to allow for and delineate an appeals process for Commissioner’s Orders issued pursuant to sections 24-581 or 24-524(a) of the New York City Administrative Code.

The amendments will make Chapter 19 clearer as well as more detailed and comprehensive, in order to make it easier for the regulated community to determine what needs to be done to attain compliance.

The final rule also contains amendments to 15 RCNY § 19-10(d), which were not included in the proposed rule. This language is being added to clarify and update the description of how inspections will be conducted to enforce the chapter.

Effective Date: 
Fri, 03/30/2018

Adopted Rules: Closed to Comments

Adopted Rules Content: 

The DOT Commissioner is authorized by Section 2903(a) of the New York City Charter and Title 19 of the New York City Administrative Code to promulgate rules regarding parking and traffic operations in the City. The rule that DOT is adopting is contained within Chapter 4 of the Title 34 of the Rules of the City of New York relating to its Traffic Rules and Regulations.

The purpose of this new rule is to implement a carshare parking pilot program at designated on-street and off-street locations.

Carshare is a program involving vehicles that are owned or leased by organizations whose members rent these vehicles for short periods of time, and provides these members access to a car without the expense of car ownership. By designating parking locations specifically for carshare vehicles of these organizations, this new rule would expand access to carshare and provide an affordable mobility option to more New Yorkers.

Research in other cities shows that carshare programs reduce personal car ownership and vehicle miles travelled among carshare members. Fewer cars on the road and fewer vehicle miles travelled means less congestion, as well as lower carbon emissions and air pollution—key priorities of the City’s OneNYC Plan, which sets measurable goals for a strong, sustainable, resilient and equitable city. In accordance with Local Law No. 47, DOT will evaluate the impact of the pilot program on car ownership rates, mobility, and other relevant factors, including the potential of the pilot to reduce neighborhood parking demand.

The details describing the new rule reflect the following the program’s key components:
• requirement that carshare organizations apply for permits allowing the use of dedicated parking spaces, either on-street or in a municipal parking facility, within carshare parking zones
• requirement that carshare organizations pay a permit fee
• conditions of the carshare permit
• process by which a carshare permit is assigned
• data reporting requirements

In response to comments received by DOT, the following changes have been made to the proposed rule, which are reflected in the adopted rules:

• For clarification purposes, a definition of “equity parking space” has been added, and the definition of “hand control adapted carshare vehicle” has been modified.
• The use of the term “carshare” instead of “carsharing” has been adopted throughout the rule.
• The requirement of attaining an average of 27 miles per gallon (MPG) by all participating carshare vehicles has been removed.
• The conditions under which DOT can decline to issue a permit have been clarified.
• The conditions of a carshare permit have been streamlined, including removing the requirement that carshare organizations not move vehicles from garages or other spaces to the designated on street spaces.
• The paragraph relating to assignments for carshare parking spaces in municipal parking facilities has been re-organized.
• The “Round 3” of the assignment process for on-street carshare parking spaces has been revised.
• Maintenance area size has been reduced from 15 feet to 10 feet.
• The paragraph relating to the relocation of impermissibly parked vehicles has been simplified.

Effective Date: 
Wed, 10/11/2017

Proposed Rules: Closed to Comments (View Public Comments Received:2)

Agency:
Comment By: 
Tuesday, August 1, 2017
Proposed Rules Content: 

The proposed rule amends the New York City Department of Transportation (“DOT”) Traffic Rules in relation to the implementation of a carshare parking pilot program. This notice was originally published in the City Record on June19, 2017 and has now been revised to clarify the requirements pertaining to permit fees being proposed in section 4-08(o)(6)(iii). There will be an application fee of $765 per carshare organization. For carshare parking spaces in municipal parking facilities, a carshare organization would be required to pay an additional quarterly or monthly permit fee charged by each municipal parking facility.

The purpose of these proposed rule amendments is to implement a carshare parking pilot program at designated on-street and off-street locations. Carsharing is a program involving vehicles that are owned or leased by organizations whose members rent these vehicles for short periods of time, and provides these members access to a car without the expense of car ownership. By designating parking locations specifically for carshare vehicles of these organizations, this new rule would expand access to carshare and provide an affordable mobility option to more New Yorkers.

Research in other cities shows that carshare programs reduce personal car ownership and vehicle miles travelled among carshare members. Fewer cars on the road and fewer vehicle miles travelled means less congestion, as well as lower carbon emissions and air pollution—key priorities of the City’s OneNYC Plan, which sets measurable goals for a strong, sustainable, resilient and equitable city. In accordance with Local Law No. 47, DOT will evaluate the impact of the pilot program on car ownership rates, mobility, and other relevant factors, including the potential of the pilot to reduce neighborhood parking demand.

Specifically, DOT proposes adding:
• requirement that carsharing organizations apply for permits allowing the use of dedicated parking spaces, either on-street or in a municipal parking facility, within carshare parking zones;
• requirement that carsharing organizations pay a permit fee
• conditions of the carshare permit
• process by which a carshare permit is assigned
• data reporting requirements

Subject: 

DOT amendment to Traffic Rules to implement a carshare parking pilot program

Location: 
DOT Bid Room
55 Water Street, Concourse Level Entrance is on the southeast corner of 55 Water St facing the NYC Vietnam Veterans Memorial Plaza
New York, NY 10041
Contact: 

Alex Keating
Director of Special Project
DOT Transportation Planning and Management
212-839-9685

Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Rule

The Office of Citywide Events Coordination and Management (OCECM), Street Activity Permit Office (SAPO) administers New York City’s permit system for street activities, block parties and fairs.

Each year SAPO issues permits to over 200 street fairs and over 5,000 other events, most of which  include the use of multiple blocks over several days, the erection of structures, the vending of food, apparel and other goods and the use of amplified sound and the performance of music.  Events like these require additional police officers which increases overtime costs to the City.  These events also divert police officers from core crime fighting, public safety and counter terrorism duties.

To more effectively deploy police resources and control overtime costs, the New York City Police Department has requested that SAPO exercise its discretion temporarily to deny permits for additional events scheduled for calendar year 2017.  The proposed rules will authorize SAPO to deny permits to these events only if the event was not held in the calendar year 2016. Events that received permits in calendar year 2016 will be eligible to receive permits again in calendar year 2017.

SAPO authority for these rules is found in section 1043 of the New York City Charter and Executive Order No. 105 of 2007.

Effective Date: 
Fri, 12/30/2016

Proposed Rules: Closed to Comments (View Public Comments Received:4)

Agency:
Comment By: 
Friday, December 2, 2016
Proposed Rules Content: 

                                    Statement of Basis and Purpose of Proposed Rule

The Office of Citywide Events Coordination and Management (OCECM), Street Activity Permit Office (SAPO) administers New York City’s permit system for street activities, block parties and fairs.

Each year SAPO issues permits to over 200 street fairs and over 5,000 other events, most of which include the use of multiple blocks over several days, the erection of structures, the vending of food, apparel and other goods and the use of amplified sound and the performance of music. Events like these require additional police officers which increases overtime costs to the City. These events also divert police officers from core crime fighting, public safety and counter terrorism duties.

To more effectively deploy police resources and control overtime costs, the New York City Police Department has requested that SAPO exercise its discretion temporarily to deny permits for additional events scheduled for calendar year 2017. The proposed rules will authorize SAPO to deny permits to these events only if the event was not held in the calendar year 2016. Events that received permits in calendar year 2016 will be eligible to receive permits again in calendar year 2017.

SAPO authority for these rules is found in section 1043 of the New York City Charter and Executive Order No. 105 of 2007.

Subject: 

Street Fair Moratorium

Location: 
Spector Hall
22 Reade Street
New York, NY 10007
Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Final Rule

 

As of December 31, 2014, the New York City Building Code requires, in Sections 403.4.4 and 907.2.13.2, that an in-building auxiliary radio communication (ARC) system be installed and maintained in all newly‑constructed high-rise buildings.  An ARC system is a wireless two-way building communication system for Fire Department use only that receives and transmits Fire Department portable radio frequencies within the building.  An ARC system typically consists of a transceiver (base station) connected to a building-wide antenna system, with a radio console in the building lobby.  Section 917.1.2 of the New York City Building Code and Section FC 511 of the New York City Fire Code together require that ARC systems be installed, acceptance tested, operated and maintained in accordance with the Fire Code and the rules of the Fire Department.

 

The Fire Department adopts this rule to establish requirements for the design, installation, operation and maintenance of ARC systems, including the testing procedures necessary to confirm that the ARC system is providing adequate radio coverage in the building in all areas accessible for firefighting operations. The rule seeks to ensure that ARC systems achieve their intended purpose and, once installed, are continuously maintained in good working order.

 

The new rule, 3 RCNY §511-01, sets forth standards, requirements and procedures for installation, acceptance testing, daily inspection, annual certification and five-year recertification of ARC systems.  It requires that the testing of ARC systems be supervised by a person holding a Fire Department license, known as a Certificate of Fitness, who knows the New York City Building Code, Fire Code and Fire Department rule standards that apply to ARC systems.  The rule reflects the Fire Code requirement that this person hold a General Radiotelephone Operator License issued by the United States Federal Communications Commission (FCC).

 

The new rule also addresses the operation and maintenance of pre-existing in-building radio communication systems similar to ARC systems that were approved for installation by the Department of Buildings and/or the Fire Department prior to December 31, 2014.  As set forth in Section 511‑01(j) of the rule, a commissioning test must be conducted and the results submitted to the Fire Department; a Fire Department permit must be obtained; operation of the system for maintenance and testing purposes must be under the supervision of a certificate of fitness holder; and the system must be operated and maintained in compliance with the requirements for ARC systems set forth in the rule.

 

The Fire Department is additionally amending two existing Fire Department rules in connection with the ARC system requirements of the Fire Code and Section 511-01.

 

The Fire Department is amending Fire Department rule 3 RCNY §115-01 to establish a company certificate for businesses that test ARC systems.  These company certificates seek to ensure that the businesses that test ARC systems, including operating the systems to perform the required testing, are subject to the same standards as the individual Fire Department Certificate of Fitness holders whom they employ to perform the testing.  The Fire Department regulates blasting and fireworks contractors, private fire alarm central stations, fumigation companies, portable fire extinguisher sales and servicing companies, and smoke detector maintenance companies in a similar fashion by requiring both the individuals who perform the work and the companies that employ them to be certified.

 

Lastly, the Fire Department is amending Fire Department rule 3 RCNY §4601-01 to adopt fees for the ARC system testing company certificate and for ARC system acceptance testing by Fire Department personnel.  The fee for the ARC system testing company certificate will cover the Fire Department’s costs in issuing the certificate and programming and periodically inspecting the portable radios that each company will use to operate on Fire Department frequencies to test the ARC systems. The fee for the ARC system permit is amended to cover the cost of acceptance testing by the Fire Department.

 

In response to public comment, the Fire Department has revised Section 511-01 to clarify that the ARC system must be capable of operating on either the Fire Department simplex channels or duplex channels designated in the rule, and is not required to be capable of operating on both.  The rule has also been revised to allow the cabling for ARC systems that carries or radiates the radio frequencies (RF) to be shared with other building communication systems, provided that the owner demonstrates that such sharing will not impair the operation of the ARC system.  Additional revisions seek to clarify the terminology associated with preexisting in-building radio communication systems similar to ARC systems.

 

Finally, the rule has been revised to authorize owners of ARC systems, as well as impairment coordinators and persons who install or maintain ARC systems, to possess a citywide standard key. A citywide standard key is the key that enables Fire Department personnel and other authorized persons to operate elevator firefighter service and other devices and locked boxes.  The ARC system console will be accessed using a citywide standard key.

 

Terms used in the rule that are defined in the Fire Code or elsewhere in the Fire Department’s rules are indicated by italics.

 

Text to be deleted is indicated by [brackets].  Text to be added is underlined.

 

“Shall” and “must” denote mandatory requirements and may be used interchangeably in Fire Department rules, unless otherwise specified or unless the context clearly indicates otherwise.

 

Guidance with respect to the interpretation of the Fire Code and Fire Department rules may be obtained using the Public Inquiry Form on the Fire Department’s website, www.nyc.gov/html/fdny/html/firecode/index.shtml#p6.

 

Effective Date: 
Fri, 01/01/2016

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Procedures for an administrative appeal of a New York City Department of Transportation determination to revoke or suspend a disability parking permit.

Effective Date: 
Fri, 11/13/2015

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