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Proposed Rules: Closed to Comments

Agency:
Comment By: 
Tuesday, April 2, 2013
Proposed Rules Content: 

 

 

STATEMENT OF BASIS AND PURPOSE

 

The proposed rule amends the Department of Housing Preservation and Development's (HPD) rules relating to administration of loan programs and certain other municipality­ aided projects. Pursuant to New York City Charter §1802 and various federal and state statutes, HPD is empowered to perform a wide range of functions relating to both private and City-owned real property. HPD is authorized to charge and collect fees in relation to such functions. The proposed amendment increases the mortgage refinance fee to better reflect the cost to the agency of providing this service.

 

Subject: 

Opportunity to comment on amendments to rules pertaining to fees for administration of loan programs and certain other municipally-aided projects.

Location: 
100 Gold Street, Room 5R1
New York, NY 10038
Contact: 

Assistant Commissioner Christopher Allred
100 Gold Street, Room 7T1
New York NY 10038

Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

 

Statement of Basis and Purpose 

This rule is promulgated pursuant to the authority of the Commissioner of Buildings under Sections 643 and 1043(a) of the New York City Charter, section 28-308.4 of the New York City Administrative Code, 1 RCNY 103-07 and section 103.3 of the New York City Energy Code. 

Section 28-308.4 of the Administrative Code requires an energy efficiency report to be filed by building owners every ten years. That section also allows the owner to apply for an extension of time to file the report. 1 RCNY 103-07 provides for a fee to be charged for filing energy efficiency reports. 

Section 103.3 of the Energy Code provides for department examination of construction documents to determine whether they are in compliance with the requirements of the Energy Code. 

The amendments: 

  • ·         Add fees for initial filings, extensions and amendments of energy efficiency reports.
  • ·         Add fees for Energy Code compliance reviews.

 

 

 

Effective Date: 
Sun, 03/31/2013

Adopted Rules: Closed to Comments

Adopted Rules Content: 

  

Statement of Basis and Purpose

 

The rule amends the Department of Housing Preservation and Development's (HPD) rules relating to administration of loan programs and certain other municipality-aided projects. Pursuant to New York City Charter §1802 and various federal and state statutes, HPD is empowered to perform a wide range of functions relating to both private and City-owned real property. HPD is authorized to charge and collect fees in relation to such functions. The amendment increases the mortgage refinance fee to better reflect the cost to the agency of providing this service.

 

 

 

Effective Date: 
Mon, 05/13/2013

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

 

Statement of Basis and Purpose of Final Rule

 

 

Under section §2101 of the New York City Charter, the Business Integrity Commission (BIC) is authorized to regulate the trade waste industry. To ensure trade waste businesses operate free of organized crime and corruption, BIC regulates both the providers of trade waste collection services and the trade waste brokers. As provided in Administrative Code Title 16-A, § 16-504(a), BIC regulates the issuance, suspension and revocation of registrations for trade waste brokers. Under § 16-504(i), BIC is authorized to promulgate rules the Commission deems necessary and appropriate to effectively regulate the waste removal industry, including the regulation of trade waste brokers.

 

These rule amendments are designed to improve BIC’s capacity to properly regulate the trade waste broker community and to ensure trade waste brokers are operating fairly and free of corruption. The new amendments will also ensure BIC’s rules are fair across the trade waste industry, by making rules and requirements for trade waste brokers more consistent with those of licensed providers of trade waste removal collection or disposal services, as enumerated in Title 17 Subchapter E of the Rules of the City of New York.

 

Specifically, the new amendments will require trade waste brokers to follow BIC rules whether they are working with licensees or registrants.

 

The amendments will also require trade waste brokers to follow record keeping and record reporting requirements comparable to the requirements of licensees, including:

 

  • Maintenance and production of accounting records, including cash receivable and cash disbursement journals, payroll records, general ledgers, customer subsidiary ledgers, accounts payable ledgers and other accounting records;
  • Maintenance and production of customer information;
  • Maintenance and production of annual financial statements;
  • Maintenance and production of an annual report;
  • Maintenance and production of the broker’s Customer Register; and
  • Maintenance and production of complaints made against the broker.

 

The new amendments also define the requirements for agreements and contracts with customers for broker services. The amendments address the information that must be included in contracts between brokers and customers, as well as the duration of such contracts. Specifically, contracts entered into after the effective date of this rule may not exceed two years in duration. Contracts entered into prior to the effective date of the rule will be deemed to terminate no later than two years following the rule’s effective date. Additionally, any written contracts without a termination date will be deemed terminable at will by either party upon fourteen days written notice. Oral agreements between customers and a trade waste brokers must be deemed terminable at will by either party upon fourteen days written notice to the other party. In no instance may a broker terminate services or raise rates without at least fourteen days written notice to the customer.

 

Under the amendments, BIC approval will now be required before subcontracting or assigning broker services and before any sales, mergers or acquisitions of trade waste brokerages involving other businesses under BIC’s jurisdiction.

 

In this final rulemaking, BIC is also amending the fee for review of any proposed asset sale, assignment of contract, merger, acquisition, or similar transaction by a licensee to reflect the most recent user cost analysis. The same fee structure will now be applied to transactions by registered trade waste brokers to ensure the marketplace is run fairly and free from criminal influence.

 

This rule will go into effect on May 20, 2013. However, provisions requiring new record keeping or invoicing will go into effect on August 19, 2013. Brokers will need to file customer registers on July 31, 2014 and every six months thereafter. Brokers will need to file financial statements six months after the close of the broker’s first fiscal year that ends on or after August 20, 2014, and then on an annual basis thereafter.

 

Nothing in these amendments to subchapter F relating to trade waste brokers is intended to alter or affect the meaning or application of the requirements for licensees as provided in subchapter E of these rules as interpreted by BIC.

 

 

Effective Date: 
Mon, 05/20/2013

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Wednesday, August 14, 2013
Proposed Rules Content: 

 

STATEMENT OF BASIS AND PURPOSE

This rule is proposed pursuant to the authority of the Commissioner of Buildings under Sections 643 and 1043(a) of the New York City Charter, Article 308 of the New York City Administrative Code and 1 RCNY 103-07.

Article 308 of the Administrative Code requires an energy efficiency audit to be performed by an energy auditor or a retro-commissioning agent and a report to be filed by building owners every ten years. 1 RCNY 103-07 sets out the requirements for those energy auditors and retro-commissioning agents, including a registration requirement for those who are not registered design professionals.

The proposed amendment would add fees for initial registration of those energy auditors and retro-commissioning agents, as well as for registration renewal. These fees will cover the administrative costs incurred by the Department in registering and renewing the registration of these individuals .

In accordance with section 1043(d)(4) of the New York City Charter, a review of this rule pursuant to Local Law 46 of 2010 was not performed.

 

Subject: 

Registration Fees for Certain Energy Auditors

Location: 
Department of Buildings
280 Broadway 5th Floor
New York, NY 10007
Contact: 

Gina Bocra
Chief Sustainability Office
Department of Buildings
280 Broadway, 7th Floor NY, NY, 10007

Download Copy of Proposed Rule (.pdf): 

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Thursday, August 2, 2012
Proposed Rules Content: 

 

 

Statement of Basis and Purpose

 

Pursuant to § 282 of Article 7-C of the Multiple Dwelling Law (“Loft Law”), the Loft Board may promulgate rules to ensure compliance with the Loft Law. Section 282 of the Multiple Dwelling Law (“MDL”) also states that the Loft Board may charge and collect reasonable fees in the execution of its responsibilities.

 

Effective as of June 21, 2010, the Legislature amended the Loft Law. To improve clarity and organization, the Loft Board intends to amend § 2-11 of the Rules of City of New York. The proposed amendments are the following:

 

  • Update the fee for filing a challenge to a proposed sale of improvements to conform to the existing fee provided in §2-07;

 

  • Amend the deadline for the application filing fee and the deadline for the request for a waiver of the filing fee. Both the application filing fee and the request for a waiver are now due upon filing the application;

 

  • Provide that the Loft Board may request additional or supporting documentation related to an applicant’s request for a waiver of the application fee; and

 

  • Add headings to subsections.

 

 

Keywords:
Subject: 

Opportunity to comment on proposed rule changes to Section 2-11 of the Loft Board rules which relate to filing fees.

Location: 
22 Reade St, 1st Floor Spector Hall
New York, NY 10007
Contact: 

New York City Loft Board
280 Broadway 3rd Floor
New York, NY 10007
(212) 566-5663

Download Copy of Proposed Rule (.pdf): 

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Thursday, November 8, 2012
Proposed Rules Content: 

 

 

Statement of Basis and Purpose

 

 

This rule is proposed pursuant to the authority of the Commissioner of Buildings under Sections 643 and 1043(a) of the New York City Charter and sections 28-401.7 and 28-401.8 of the New York City Administrative Code.

 

Currently, the Department of Citywide Administrative Services administers examinations and conducts investigations for most licenses. The Department of Buildings will be taking over the examinations and investigations for those licenses it issues. This rule sets out the fees for these examinations and investigations.

 

 

Subject: 

Opportunity to comment on proposed license examination and investigation fees.

Location: 
Department of Buildings
280 Broadway, 6th Floor
New York, NY 10007
Contact: 

Aisha Norflett
Director of Licensing
New York City Department of Buildings
280 Broadway, 6th floor
New York, New York 100070

Download Copy of Proposed Rule (.pdf): 

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Thursday, June 6, 2013
Proposed Rules Content: 

 

 

Statement of Basis and Purpose

 

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.

 

Background

 

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.

 

 

Subject: 

Opportunity to comment on proposed amendment by the Department of Transportation of rules relating revocable consents.

Location: 
DOT (entrance located on the south side of the building facing the Vietnam Veterans Memorial)
55 Water Street BID Room - A
New York, NY 10041
Contact: 

Michelle Craven
Executive Director of Coordinated Street Furniture/Franchises, Concessions and Consents
55 Water Street. 9th Floor
New York, NY 10041
212-839-4478

Download Copy of Proposed Rule (.pdf): 

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Friday, February 15, 2013
Proposed Rules Content: 

 

STATEMENT OF BASIS AND PURPOSE

 

This rule is proposed pursuant to the authority of the Commissioner of Buildings underSections 643 and 1043(a) of the New York City Charter, section 28-308.4 of the NewYork City Administrative Code, 1 RCNY 103-07 and section 103.3 of the New York CityEnergy Code.

Section 28-308.4 of the Administrative Code requires an energy efficiency report to befiled by building owners every ten years. That section also allows the owner to apply foran extension of time to file the report. 1 RCNY 103-07 provides for a fee to be chargedfor filing energy efficiency reports.

Section 103.3 of the Energy Code provides for department examination of constructiondocuments to determine whether they are in compliance with the requirements of theEnergy Code.

The proposed amendments would:

·         Add fees for initial filings, extensions and amendments of energy efficiencyreports.

·         Add fees for Energy Code compliance reviews.

 

Subject: 

Opportunity to comment on proposed fees for filing energy efficiency reports and for energy code compliance review

Location: 
Department of Buildings
280 Broadway 3rd Floor
New York, NY 10007
Contact: 

Gina Bocra
Chief Sustainability Officer
New York City Department of Buildings
280 Broadway, 7th floor
New York, New York 10007

Download Copy of Proposed Rule (.pdf): 

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