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Adopted Rules: Closed to Comments

Adopted Rules Content: 

New York City Department of Small Business Services
Jerome Avenue Relocation Grant Program

Notice of Adoption of Rule 

NOTICE IS HEREBY GIVEN PURSUANT TO THE AUTHORITY VESTED in the New York City Department of Small Business Services (DSBS) in accordance with Sections 1043 and 1301 of the New York City Charter. DSBS proposed a rule to create the Jerome Avenue Relocation Grant Program to help small businesses that may face displacement pressure from the City’s rezoning of the Jerome Avenue area in the Bronx, which was adopted by the City Council on March 22, 2018. The grants will be used to provide funds to assist small businesses with the relocation costs involved with moving from Jerome Avenue to a new location within the City. 

The proposed rule was published in The City Record on July 18, 2019. DSBS did not receive any comments concerning this rule. 

 Statement of Basis and Purpose

The Jerome Avenue Relocation Grant Program (“Program") will help small businesses that may face displacement pressures from the City’s rezoning of the Jerome Avenue area in the Bronx. See (ULURP number C 180051A ZMX), adopted March 22, 2018 as amended (“Jerome Avenue Rezoning”). The purpose of the Program is to encourage the retention of jobs within the City by providing grants to offset moving costs for small businesses relocating from designated sites under the Jerome Avenue Rezoning to any other part of the City.

Effective Date: 
Sat, 10/19/2019

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Wednesday, October 30, 2019
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rules
As part of New York City’s Green Infrastructure Program DEP provides incentives to private property owners for implementation of green stormwater management practices (also known as “green infrastructure”) on private property located within the five boroughs of the City. The Green Infrastructure Grant Program (“Program”) was created in 2010 to create a partnership with private property owners in the design and construction of green infrastructure practices. In preparation for the rollout of additional incentive programs, and to ensure that there is no overlap between programs, DEP is proposing to amend its Program rules to specifically incentivize green roof retrofits. Green roof retrofits are an especially important type of stormwater management practice in ultra-urban cities like New York City. The rule amendments would also provide for a more streamlined application submission and design review process for green roof retrofits.
The Rules are authorized by Section 1403 of the Charter of the City of New York and Section 24-501 et seq. of the Administrative Code.

Subject: 

DEP's Green Infrastructure Grant Program rules

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

No contact

Download Copy of Proposed Rule (.pdf): 

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Thursday, August 22, 2019
Proposed Rules Content: 

Statement of Basis and Purpose

The Jerome Avenue Relocation Grant Program (“Program") will help small businesses that   may face displacement pressures from the City’s rezoning of the Jerome Avenue area in the Bronx. See (ULURP number C 180051A ZMX), adopted March 22, 2018 as amended (“Jerome Avenue Rezoning”). The purpose of the Program is to encourage the retention of jobs within the City by providing grants to offset moving costs for small businesses relocating from designated sites under the Jerome Avenue Rezoning to any other part of the City.

Subject: 

Jerome Avenue Relocation Grant.

Location: 
Department of Small Business Services
1 Liberty Plaza 11th floor
New York, NY
Contact: 

No contact

Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose

New York City is home to more than 200,000 small businesses that collectively employ more than half of the City’s private sector workforce and provide needed jobs, goods and services in neighborhoods across the five boroughs. The vitality, diversity and longevity of small, local businesses are critical to the City’s economy and provide important benefits to residents of the City’s neighborhoods. For example, in 2014, businesses in NYC’s lower income neighborhoods employed 113,420 workers below the age of 30, a 31% increase from 2002.

Over the last fifteen years, the New York City Department of Small Business Services (DSBS) has administered programs to educate and support tens of thousands of local businesses and entrepreneurs seeking to conduct business in New York City. Recently, DSBS has responded to a growing demand to assist commercial tenants in understanding the content of their current or proposed leases, negotiating with landlords and resisting harassment. In addition, DSBS and governmental partners including the Department of City Planning, the Department of Housing Preservation and Development, the New York City Council, and the City’s Economic Development Corporation have worked to devise programs and policy interventions to support the survival of independent brick and mortar businesses and the vitality and safety of the commercial corridors in neighborhoods across the City. Interventions by these government partners have included restricting street frontage for banks and other less vulnerable business types through zoning amendments, passing legislation extending anti-harassment protections to commercial tenants, incentivizing affordable housing developers to include appropriate spaces for small business tenants on the ground floor of new developments and investing in improvements to commercial corridors.

DSBS establishes the Love Your Local Small Business Grant Program to expand the City’s economic development toolkit. This three-year pilot program will allow the City to develop and test interventions designed to help local, small businesses remain viable and stable participants in the lives of the City’s diverse neighborhoods despite changes in local real estate conditions. Devising these solutions is important, as 2016 data published by the Bureau of Labor Statistics shows that job creation attributable to new establishments has been on a decline since the late 1990s and that businesses established prior to 1993 employ nearly 40% of the private sector workforce. Therefore, supporting existing, neighborhood businesses in making changes to allow them to survive and grow is an efficient means of supporting neighborhood economic well-being.

The Love Your Local Small Business Grant Program will incentivize commercial tenant businesses to share detailed information on challenges related to the costs of their leases with DSBS. DSBS will support a carefully selected set of those businesses in addressing those challenges through expert advice and implementation funding. DSBS will collect performance data from the businesses following these interventions, thus increasing the City’s understanding of what strategies are effective in preventing neighborhood businesses from closing due to rising rents and other rising real estate costs. This understanding will increase DSBS’ ability to provide meaningful advice and assistance to other businesses committed to retaining local jobs, helping to ensure the continued availability of locally valued goods and services, and preserving retail diversity. The Love Your Local Small Business Grant Program builds on the work of Small Business First, a DSBS program which invests in initiatives to help existing businesses thrive by connecting them to resources that will save them time and money.

Effective Date: 
Sat, 07/21/2018

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Tuesday, May 29, 2018
Proposed Rules Content: 

Statement of Basis and Purpose

New York City is home to more than 200,000 small businesses that collectively employ more than half of the City’s private sector workforce and provide needed jobs, goods and services in neighborhoods across the five boroughs. The vitality, diversity and longevity of small, local businesses are critical to the City’s economy and provide important benefits to residents of the City’s neighborhoods. For example, in 2014, businesses in NYC’s lower income neighborhoods employed 113,420 workers below the age of 30, a 31% increase from 2002.

Over the last fifteen years, the New York City Department of Small Business Services (DSBS) has administered programs to educate and support tens of thousands of local businesses and entrepreneurs seeking to conduct business in New York City. Recently, DSBS has responded to a growing demand to assist commercial tenants in understanding the content of their current or proposed leases, negotiating with landlords and resisting harassment. In addition, DSBS and governmental partners including the Department of City Planning, the Department of Housing Preservation and Development, the New York City Council, and the City’s Economic Development Corporation have worked to devise programs and policy interventions to support the survival of independent brick and mortar businesses and the vitality and safety of the commercial corridors in neighborhoods across the City. Interventions by these government partners have included restricting street frontage for banks and other less vulnerable business types through zoning amendments, passing legislation extending anti-harassment protections to commercial tenants, incentivizing affordable housing developers to include appropriate spaces for small business tenants on the ground floor of new developments and investing in improvements to commercial corridors.

DSBS proposes to establish the Love Your Local Small Business Grant Program to expand the City’s economic development toolkit. This three-year pilot program will allow the City to develop and test interventions designed to help local, small businesses remain viable and stable participants in the lives of the City’s diverse neighborhoods despite changes in local real estate conditions. Devising these solutions is important, as 2016 data published by the Bureau of Labor Statistics shows that job creation attributable to new establishments has been on a decline since the late 1990s and that businesses established prior to 1993 employ nearly 40% of the private sector workforce. Therefore, supporting existing, neighborhood businesses in making changes to allow them to survive and grow is an efficient means of supporting neighborhood economic well-being.

The Love Your Local Small Business Grant Program will incentivize commercial tenant businesses to share detailed information on challenges related to the costs of their leases with DSBS. DSBS will support a carefully selected set of those businesses in addressing those challenges through expert advice and implementation funding. DSBS will collect performance data from the businesses following these interventions, thus increasing the City’s understanding of what strategies are effective in preventing neighborhood businesses from closing due to rising rents and other rising real estate costs. This understanding will increase DSBS’ ability to provide meaningful advice and assistance to other businesses committed to retaining local jobs, helping to ensure the continued availability of locally valued goods and services, and preserving retail diversity. The Love Your Local Small Business Grant Program builds on the work of Small Business First, a DSBS program which invests in initiatives to help existing businesses thrive by connecting them to resources that will save them time and money.

Subject: 

Rules Governing Love Your Local Grant Program

Location: 
110 William Street 7th Floor
New York, NY
Contact: 

No contact

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Rule
In 2012, the Department signed a Consent Order modifying a 2005 New York State Department of Environmental Conservation Consent Order (DEC Case No CO2-20000107-8, as modified) to reduce combined sewer overflows (“CSOs”) and committed to construct and implement green stormwater management practices (also known as “green infrastructure”) that are part of a broader green/grey strategy (i.e., also employing “grey infrastructure,” which includes CSO storage facilities and other engineered projects) to improve water quality in local waterways. Specifically, the Department is required to manage one (1) inch of rainfall on ten percent (10%) of the impervious surfaces within combined sewer areas by 2030 using green infrastructure. The Department established its Office of Green Infrastructure to implement the Green Infrastructure Grant Program (“Program”) and launched the Program in order to partner with stakeholders and community groups in the construction and maintenance of green infrastructure. The Program provides funding to private property owners for the design and construction of qualified green infrastructure practices. Grants under this Program are available to owners of property located within the five (5) boroughs of the City of New York whose property and proposals meet the criteria set forth by the Department.
The Department received a comment from an environmental organization urging that a number of changes be made to the rule, including the deletion of the requirement that the final contract plans be certified by a professional, and other changes which, in the commenter’s view, would hinder the effectiveness of the Program. After due consideration of this comment, the Department has decided to finalize the rule without change.
This rulemaking sets forth the determination by the Commissioner of the Department as to the requirements for eligible projects and grant applicants, the application process, compliance and administration and funding requirements under the Program. The Department is therefore promulgating the following new rule, to be found at 15 RCNY Chapter 48.
The Rule is authorized by Section 1403 of the Charter of the City of New York and Section 24-501 et seq. of the Administrative Code.

Effective Date: 
Mon, 06/12/2017

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

Statement of Basis and Purpose

During the 2014-15 and 2015-16 school years, the Department of Small Business Services (DSBS) administered a grant program to support the employment of experienced school bus workers who have been impacted by changes in the Department of Education’s (DOE) contracts for school bus transportation.  Pursuant to the authority vested in DSBS by New York City Charter § 1301, DSBS is proposing a rule that would continue the grant program for the 2016-17 school year.

Since 1979, following a school bus strike, DOE’s school bus contracts included employee protection provisions (EPPs) requiring school transportation contractors, among other things, to give priority in hiring to employees who became unemployed because of their employers’ loss of DOE bus contract work and to pay such employees the same wages and benefits they had received prior to becoming unemployed.

Following the 2011 decision by the New York State Court of Appeals in L&M Bus Corp., et al., v. the New York City Department of Education, et al. (L&M), DOE did not include EPPs or similar provisions in solicitations for its school bus contracts. After the issuance of the first such post-L&M solicitation, there was a school bus strike in January and February of 2013. 

DSBS’s grant program, created by Local Law 44 of 2014, was designed to encourage school bus contractors providing transportation services to DOE to maintain the wages and benefits of those employees who had prior experience in the industry.  The 2014-15 and 2015-16 grant programs successfully supported the employment of approximately 1200 school bus workers.  This proposed rule continues the school bus employee grant program for the 2016-17 school year.

Effective Date: 
Mon, 04/10/2017

Proposed Rules: Closed to Comments (View Public Comments Received:1)

Agency:
Comment By: 
Wednesday, February 15, 2017
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rules
In 2012, the Department signed a Consent Order modifying a 2005 New York State Department of Environmental Conservation Consent Order (DEC Case No CO2-20000107-8, as modified) to reduce combined sewer overflows (“CSOs”) and committed to construct and implement green stormwater management practices (also known as “green infrastructure”) that are part of a broader green/grey strategy (i.e., also employing “grey infrastructure,” which includes CSO storage facilities and other engineered projects) to improve water quality in local waterways. Specifically, the Department is required to manage one (1) inch of rainfall on ten percent (10%) of the impervious surfaces within combined sewer areas by 2030 using green infrastructure. The Department established its Office of Green Infrastructure to implement the Green Infrastructure Grant Program (“Program”) and launched the Program in order to partner with stakeholders and community groups in the construction and maintenance of green infrastructure. The Program provides funding to private property owners for the design and construction of qualified green infrastructure practices. Grants under this Program are available to owners of property located within the five (5) boroughs of the City of New York whose property and proposals meet the criteria set forth by the Department.
This rulemaking sets forth the determination by the Commissioner of the Department as to the requirements for eligible projects and grant applicants, the application process, compliance and administration and funding requirements under the Program. The Department is therefore proposing the following new rules, to be found at 15 RCNY Chapter 48.
The Rules are authorized by Section 1403 of the Charter of the City of New York and Section 24-501 et seq. of the Administrative Code.

Subject: 

.

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

No contact

Download Copy of Proposed Rule (.pdf): 

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Tuesday, January 31, 2017
Proposed Rules Content: 

 Statement of Basis and Purpose

  During the 2014-15 and 2015-16 school years, the Department of Small Business Services (DSBS) administered a grant program to support the employment of experienced school bus workers who have been impacted by changes in the Department of Education’s (DOE) contracts for school bus transportation.  Pursuant to the authority vested in DSBS by New York City Charter § 1301, DSBS is proposing a rule that would continue the grant program for the 2016-17 school year.

  Since 1979, following a school bus strike, DOE’s school bus contracts included employee protection provisions (EPPs) requiring school transportation contractors, among other things, to give priority in hiring to employees who became unemployed because of their employers’ loss of DOE bus contract work and to pay such employees the same wages and benefits they had received prior to becoming unemployed.

  Following the 2011 decision by the New York State Court of Appeals in L&M Bus Corp., et al., v. the New York City Department of Education, et al. (L&M), DOE did not include EPPs or similar provisions in solicitations for its school bus contracts. After the issuance of the first such post-L&M solicitation, there was a school bus strike in January and February of 2013. 

            DSBS’s grant program, created by Local Law 44 of 2014, was designed to encourage school bus contractors providing transportation services to DOE to maintain the wages and benefits of those employees who had prior experience in the industry.  The 2014-15 and 2015-16 grant programs successfully supported the employment of approximately 1200 school bus workers.  This proposed rule continues the school bus employee grant program for the 2016-17 school year.

 

Subject: 

Extension of School Bus Drivers Grant Program

Location: 
110 William Street (7th Floor)
New York, NY 10038
Download Copy of Proposed Rule (.pdf): 

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Friday, November 13, 2015
Proposed Rules Content: 

STATEMENT OF BASIS AND PURPOSE

 

The Office of Environmental Remediation (“Office” or “OER”) was established by Local Law No. 27 of 2009, and Charter § 15(e)(5) authorizes its Director to administer financial incentive programs to promote the identification, investigation, remediation, and redevelopment of brownfields.  Charter § 15(e)(6) also authorizes the Director to promote community participation in these activities.

 

OER is proposing amendments to its Environmental Remediation Rules in two principal ways. 

 

(1)  The rule relating to the New York City Brownfield Cleanup Program (“Program Rule”), set forth in Subchapter 1 of Chapter 14, would be revised to amend the definition of “unrestricted use” for sites that enroll in the City Voluntary Cleanup Program (“VCP”) (§ 14-1407).

 

OER designs, reviews, and approves cleanup plans for light- to moderately- contaminated sites in New York City and later oversees the initial phase of construction at VCP sites to ensure that proposed cleanup plans are actually carried out in the field. Properties that achieve “unrestricted use” status are desirable because they are protective of any legal use the property can be put to. Another feature of “unrestricted use” sites is that their owners are not required to monitor the continued implementation of any restrictions on use.

 

The proposed amendments (§ 43-1407(k) and (l)) would revise the definition of “unrestricted use” in New York City to specify that restrictions that would be mandatory for a property in the VCP would not include restrictions that already apply to the property as part of area-wide or city-wide land-use or resource-use restrictions. For example, remedial actions would not be required to specify restrictions for activities that are unlawful in New York City. In some circumstances, under existing regulations, the only restriction that would be placed on a property during a remedial action is for uses that are already prohibited by City statutes (i.e., dairy farming). The proposed amendments would allow remedial actions to exclude the establishment of site-specific restrictions that are already prohibited by the City. In other words, such land uses would be excluded from consideration when determining if an unrestricted use cleanup at a site in New York City that achieves the restricted-residential standard is appropriate. Because sensitive uses of land such as dairy farming are not allowed in New York City, the unrestricted use standard that is fully protective of all possible uses of property in New York City can be slightly higher (i.e., the restricted-residential standard) than across the state.

 

The amendments would also eliminate the need for site owners to conduct long-term monitoring for activities that are not lawful. In addition, by redefining “unrestricted use,” the amendments would encourage more parties enrolled in the VCP to pursue higher-level soil cleanups across New York City.

 

(2)  The Office also oversees and administers the New York City Brownfield Incentive Grant (“BIG”) Program, set forth in Subchapter 2 of Chapter 14, which provides City funds to promote the cleanup and redevelopment of light- to moderately- contaminated sites across the city.  The proposed amendments would:

 

● Expand the list of entities that can perform work eligible for reimbursement with City brownfield grants to include (1) workforce development organizations that offer short term employment to trainees and (2) vendors under contract with the City or the NYC Economic Development Corporation that perform eligible services under the city brownfield grant program (§ 43-1416(m)).   

 

● Expand an existing City pre-enrollment grant, increase the City pre-enrollment grant award limit to $125,000, and create a new City enrollment grant to reimburse affordable and industrial development projects for cleanup activities undertaken in either the VCP or the State brownfield cleanup program. Affordable and supportive housing projects financed by the City Department of Housing Preservation and Development or the City Housing Development Corporation, as well as industrial development projects supported by the NYC Economic Development Corporation, would be eligible for up to $125,000 to cover investigation costs and up to $250,000 in total to cover investigation and site cleanup costs. Services and activities that can be reimbursed under a City enrollment grant are those performed pursuant to a remedial action work plan issued by the Office or the New York state department of environmental conservation (§43-1417(a)(3); § 43-1417(b)(7); § 43-1418(c)(2); § 43-1418(d); § 43-1419(c)(2); § 43-1422(c)(11); § 43-1422(c)(12)).

 

● Make place-based community brownfield planning groups recognized by OER eligible for a technical assistance grant to develop a reuse plan for a development site and a BOA local match grant to identify, screen, and select strategic sites. By expanding eligibility for these grants, the Office seeks to increase the number of community organizations performing community brownfield planning in the city. The BOA program provides State planning grants to community based organizations to develop plans for the redevelopment of neighborhoods with idle, vacant sites. Recently, the State has declined to provide new funds for the BOA program, prompting OER to supplement existing City support for community brownfield planning (§ 43-1416 (b), (l), (n)(5) and (q); § 43-1417(c)(1) and (2); § 43-1418(d)(2)(B), (d)(3)(A)(ii) and (B); (d)(4)(B)(ii)); § 43-1422(a), (c) (3) and (4); § 43-1423 (d)).

 

 ● Expand eligible services and activities for cleanup grants, track one bonus cleanup grants, brownfield opportunity area strategic property bonus cleanup grants, City enrollment grants, e-designation hazardous material remediation grants, climate change resilience bonus cleanup grants, and E-designation/restrictive declaration hazardous material remediation grants to include additional long-term management plans and additional remedial actions commonly required by Office-approved remedial plans. (§ 43-1419(a)(4)).

 

● Require that parties seeking City reimbursement for eligible cleanup expenses have six months from the receipt of a notice of completion, a notice of satisfaction or a certificate of completion to file a complete City brownfield grant application (§ 43-1420(h)).

   

● Increase the maximum cleanup grant award available to not-for-profit developers of preferred community development projects to $50,000 and make available to developers of housing and industrial sites supported by City development agencies a consultation service on the feasibility of entering such a site in the State brownfield cleanup program (§ 43-1422(c)(2)).

 

● The proposed rule amendments acknowledge the change in nomenclature regarding the program that was formerly known as the “Local Brownfield Cleanup Program”, which is now known as the “City Voluntary Cleanup Program” (§§ 43-1401 to 43-1405, 43-1408 to 43-1410, et al).

 

● The proposal includes numerous technical drafting changes to Subchapters 1 and 2 to ensure consistency and conformity throughout this regulatory scheme.

 

 

Finally, Schedule A (“Grant Awards and Award Limits”) and Schedule B (“Eligible Services and Activities/Reimbursable Allowance”) are repealed and re-promulgated both to reflect the numerous substantive revisions set forth in the proposed rule, and to incorporate improved formatting changes.

Subject: 

.

Location: 
Central Park Room
100 Gold Street 2nd Floor
New York, NY 10038
Contact: 

No contact

Download Copy of Proposed Rule (.pdf): 

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