Chapter 6 of Title 66 of the New York City Rules outlines the Industry Ownership Program (the “Program”). This Program provided grants to certain industry groups to pay for eligible expenses in acquiring and renovating a building. Applications must have been submitted by the close of business on April 28, 1989. Therefore, because this Program no longer exists, the Department is proposing to repeal the rules.
Chapter 7 of Title 66 of the New York City Rules outlines the Industrial Security Grant Program (the “Program”). The Program provided grants to eligible industrial businesses to purchase security equipment. This Program no longer exists; therefore, the Department is proposing to repeal the rules.
Chapter 8 of Title 66 of the New York City Rules outlines the Commercial Security Grant Program (the “Program”). The Program provided grants to commercial businesses for the costs of purchasing and installing security equipment. The Program was part of New York City's commercial business retention effort. The program was designed to enable groups of commercial businesses in selected low and moderate income neighborhoods located in designated areas to obtain technical assistance provided by the Department and the New York City Police Department for proven, cost effective crime prevention techniques to reduce burglary, robbery, pilferage, and other threats to property and personal safety within the premises of participating merchants and in areas where participating merchants and other commercial businesses were located. This Program no longer exists; therefore, the Department is proposing to repeal the rules.
Chapter 9 of Title 66 of the New York City Rules outlines the Energy Services pursuant to Local Law No. 49 of 1987 (the “Program”). The Program provided a benefit to electricity redistributors who purchased electricity from a utility or any other person, corporation or other entity and on a metered or unmetered basis, resold or otherwise redistributed for any consideration such electricity to a non-residential energy user. This Program no longer exists; therefore, the Department is proposing to repeal the rules.
Working with the City’s rulemaking agencies, the Law Department, and the Office of Management and Budget, 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of Operations conducted a retrospective rules review of the City’s existing rules, identifying those rules that will be repealed or modified to reduce regulatory burdens, increase equity, support small businesses, and simplify and update content to help support public understanding and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 repeal was identified through this initiative.
Small Business Service’s authority for these rules is found in section 1043 and 1301 of the New York City Charter.
The purpose of the proposed rules is to provide a framework for the issuance of permits and revocable consents for the installation and maintenance of systems for flood mitigation within the City’s right of way (i.e. public streets and sidewalks). In the aftermath of Superstorm Sandy, building owners across the City have expressed an interest in flood mitigation systems such as barriers and/or walls that would protect their buildings in instances of severe weather-related events that result in significant flooding.
Certain flood mitigation system designs may require the placement of components upon the City’s right of way.As such, the Department is proposing a rule that will add two categories of permits for any flood mitigation system that is to be placed upon or below sidewalks, or in some unique situations, roadways. Requirements, including New York City Department of Buildings and New York City Fire Department approvals, as well as timeframes for the installation and removal of flood mitigation system components during and after severe weather-related events, are also specified.
Flood mitigation system permits must be obtained for equipment that is placed in the City’s right of way that is intended for the protection of buildings, areas of buildings, public service corporation facilities, or transit facilities from flooding.New section 2-10(e)(1) permits will be required for the placement of all above-ground components of a flood mitigation system. New section 2-10(e)(2) permits will only be required for at or below-ground flood mitigation system components that will remain in place at all times in order to expedite installation of the necessary above-ground flood mitigation system components.New section 7-04(37) revocable consents will be required for any at or below-ground flood mitigation system components that will remain in place for longer than 365 days.
Additionally, provisions of the Highway Rules and Revocable Consent Rules are being reorganized and clarified to streamline the process by which the Department authorizes the installation of certain other structures throughout the City.
The proposed rule will achieve this goal by:
Renaming section 2-10 of the Highway Rules to cover two specific types of temporary structures (i.e., security structures and flood mitigation systems) while also deleting provisions that are no longer applicable.
Adding provisions in section 2-10 of the Highway Rules related to temporary flood mitigation systems and flood mitigation system footings.
Clarifying the references to the Revocable Consent Rules as they relate to temporary security structures in section 2-10 of the Highway Rules.
Moving the provision regarding non-electrical sidewalk sockets (i.e. flagpole sockets) to section 2-14 of the Highway Rules since these structures are not temporary and would not otherwise fit within the new framework of section 2-10.
Moving the provisions relating to structures, such as planters and bicycle racks, that are currently in section 2-10 of the Highway Rules to section 7-04 of the Revocable Consent Rules.
Adding a new paragraph in section 7-04 of the Revocable Consent Rules relating to flood mitigation system components.
DOT’s authority for these rules is found in sections 364 and 2903(b)of the New York City Charter and Title 19of the New York City Administrative Code.
Pursuant to sections 362(d), 364 and 1043 of the New York City Charter, the Department of Transportation is authorized to promulgate rules regarding the granting of revocable consents for the use or improvement of property under its jurisdiction.
Section 7-04 of the Department’s rules lists the uses of and improvements on the City’s streets that the Department may permit on a revocable basis upon due consideration and review. The Department proposes to amend these rules to provide for the issuance of a revocable consent to a foreign, domestic or international governmental entity for the creation of a loading dock, bay or other like facility extending into the street for the loading and unloading of goods and materials, provided that the New York City Police Department has judged the location of such facility to be necessary and appropriate due to the security concerns of the entity and the City. The proposed amendment would allow the Department to consider applications for revocable consents for such purpose and grant them, with appropriate terms and conditions, where it finds the consent to be warranted.
Currently loading docks, bays or other like facilities are not a category of improvements or uses that are included within Title 34, Section 7-04 of the Rules of the City of New York. The location of such facilities may be a security concern for governmental entities situated in the City of New York.
On December 13, 2012, the TLC promulgated rules for the Authorization of TPEP Providers, which contained requirements that TPEP Providers must meet in order to be authorized to sell, lease, make available for use, install, service, and repair TPEP Systems in Taxicabs. These proposed rules establish the information security standards that said TPEP Systems must meet in order to be approved by the Commission for sale, lease, or use in Taxicabs.
The proposed rules require that the TPEP Data collected, transmitted, processed, maintained and stored by all TPEP Providers and their employees, agents and subcontractors must be safeguarded to provide:
a secure medium for the TPEP Data and TPEP system components,
protection of personal information of the TPEP Provider and subcontractor employees, and
protection of personal information of members of the riding public who pay by credit, debit or prepaid card.
The proposed rules require that the TPEP Provider:
Establishes policies for information security, authentication, remote access, anti-virus security, application development security, digital media re-use and disposal, encryption, passwords, user responsibilities, and vulnerability management;
Complies with copyrights and develops appropriate controls and procedures to protect the Database Management Systems;
Limits access to TPEP Data, by providing safeguards such as firewalls and fraud prevention;
Maintains the confidentiality of personal information; and
Develops controls for network management and procedures for security incident management.
The Commission’s authority for this rules change is found in section 2303 of the New York City
Charter and section 19-503 of the New York City Administrative Code.
The Taxi and Limousine Commission is considering changing its rules. The change would create a new chapter, Chapter 76, setting forth Information Security Standards for Authorized Taxicab Technology System (“TPEP”)1 Service Providers.