S T A T E O F N E W Y O R K
I N S E N A T E
January 8, 2014
Introduced by Sen. AVELLA -- read twice and ordered printed, and when
printed to be committed to the Committee on Cities
AN ACT to amend the New York city charter, in relation to authorizing
the city council to "call up" any New York city department of health
regulation for review
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 28 of the New York city charter is amended by
adding a new subdivision h to read as follows:
H. (1) THE COUNCIL SHALL HAVE THE AUTHORITY TO ELECT TO REVIEW ANY NEW
YORK CITY DEPARTMENT OF HEALTH REGULATION BY VOTING TO TAKE JURISDICTION
WITHIN TWENTY DAYS AFTER THE CITY DEPARTMENT OF HEALTH FILES ITS REPORT.
(2) (A) AN APPLICATION WHICH IS SUBJECT TO ELECTIVE REVIEW BY THE
COUNCIL, SHALL BE REVIEWED IF SUCH APPLICATION WAS DISAPPROVED BY THE
COMMUNITY BOARD AND BOROUGH PRESIDENT, WAS APPROVED OR APPROVED WITH
MODIFICATIONS BY THE CITY DEPARTMENT OF HEALTH, AND THE BOROUGH PRESI-
DENT FILES AN OBJECTION TO THE CITY DEPARTMENT OF HEALTH'S APPROVAL WITH
THE COUNCIL AND THE CITY DEPARTMENT OF HEALTH WITHIN FIVE DAYS OF
RECEIPT OF THE CITY DEPARTMENT OF HEALTH'S APPROVAL.
(B) WITHIN FIFTY DAYS OF RECEIPT OF THE CITY DEPARTMENT OF HEALTH'S
REPORT ON AN APPLICATION THAT IS EITHER SUBJECT TO MANDATORY REVIEW OR
IS "CALLED-UP" BY THE COUNCIL, THE COUNCIL SHALL HOLD A PUBLIC HEARING,
AND APPROVE, APPROVE WITH MODIFICATIONS OR DISAPPROVE THE DECISION OF
THE CITY DEPARTMENT OF HEALTH.
(C) IF, DURING THE COURSE OF ITS FIFTY-DAY REVIEW PERIOD, THE COUNCIL
DECIDES IT WANTS TO APPROVE AN APPLICATION WITH MODIFICATION, IT CAN DO
SO ONLY BY REFERRING THE PROPOSED MODIFICATION BACK TO THE CITY DEPART-
MENT OF HEALTH. SUCH DEPARTMENT SHALL THEN DETERMINE IF THE MODIFICATION
IS OF SUCH SIGNIFICANCE THAT ADDITIONAL REVIEW IS NECESSARY. IF SUCH
DEPARTMENT DETERMINES THAT ADDITIONAL REVIEW IS NEEDED, THE COUNCIL MAY
NOT ADOPT THE MODIFICATION. IF NO ADDITIONAL REVIEW IS NEEDED, THE COUN-
CIL CAN ADOPT THE APPLICATION WITH THE MODIFICATION. WHEN THE COUNCIL
PROPOSES A MODIFICATION, SUCH DEPARTMENT HAS FIFTEEN DAYS TO MAKE ITS
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
S. 6189 2
DETERMINATION AND DURING SUCH PERIOD THE COUNCIL'S FIFTY DAY CLOCK IS
(3) A COUNCIL ACTION APPROVING, APPROVING WITH MODIFICATIONS OR DISAP-
PROVING THE CITY DEPARTMENT OF HEALTH ACTIONS, REQUIRES A MAJORITY VOTE
OF THE COUNCIL.
(4) IF THE COUNCIL FAILS TO ACT WITHIN ITS REVIEW PERIOD, THE COUNCIL
SHALL BE DEEMED TO HAVE APPROVED THE DECISION OF THE CITY DEPARTMENT OF
S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.