S T A T E   O F   N E W   Y O R K
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                                   1664
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 10, 2017
                                ___________
 
 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 general municipal  law,  in  relation  to  requiring
   written request and review of proposed reductions in the level of fire
   services

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 204-d of the general municipal law, as  amended  by
 section  44  of  part B of chapter 56 of the laws of 2010, is amended to
 read as follows:
   § 204-d. Duties of the fire chief. (1) The  fire  chief  of  any  fire
 department or company shall, in addition to any other duties assigned to
 him  OR HER by law or contract, to the extent reasonably possible deter-
 mine or cause to be determined the cause of each fire or explosion which
 the fire department or company has been called to suppress.  He  OR  SHE
 shall  file  with  the  office  of  fire prevention and control a report
 containing such determination and any additional information required by
 such office regarding the fire or explosion. The report shall be in  the
 form  designated by such office.  He OR SHE shall contact or cause to be
 contacted the appropriate investigatory  authority  if  he  OR  SHE  has
 reason  to  believe the fire or explosion is of incendiary or suspicious
 origin. For all fires that are suspected to have been ignited by a ciga-
 rette, within fourteen days after completing the investigation into such
 fire, the fire chief shall forward to the office of fire prevention  and
 control  information detailing, to the extent possible: (a) the specific
 brand and style of the cigarette suspected of having ignited such  fire;
 (b)  whether the cigarette package was marked as required by subdivision
 six of section one hundred fifty-six-c of the executive law; and (c) the
 location and manner in which such cigarette was purchased.
   (2) REDUCTION OF FIRE SERVICES; PRIOR APPROVAL REQUIRED. A. THE  HIGH-
 EST  RANKING  FIRE  OFFICIAL  OF  ANY CITY WITH A POPULATION OF OVER ONE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00596-01-7

 S. 1664                             2
 
 HUNDRED THOUSAND PEOPLE SHALL PROVIDE WRITTEN  REQUEST  WITH  SUPPORTING
 DOCUMENTATION  PRIOR  TO  THE  PERMANENT CLOSING OF ANY FIREHOUSE OR THE
 PERMANENT REMOVAL OR RELOCATION OF ANY FIRE FIGHTING UNIT TO THE COUNCIL
 MEMBERS,  COMMUNITY  BOARDS  AND  BOROUGH PRESIDENTS WHOSE DISTRICTS ARE
 SERVED BY SUCH FACILITY OR UNIT AND THE  CHAIRPERSON  OF  THE  COUNCIL'S
 PUBLIC  SAFETY  COMMITTEE OR CHAIRPERSON OF THE COMMITTEE WITH OVERSIGHT
 OF FIRE SERVICES. FOR THE PURPOSES OF THIS SECTION, THE TERM "PERMANENT"
 SHALL MEAN A TIME PERIOD IN EXCESS OF SIX MONTHS.
   B. THE WRITTEN REQUEST, REQUIRED BY PARAGRAPH A OF  THIS  SUBDIVISION,
 SHALL INCLUDE AN ENVIRONMENTAL IMPACT STATEMENT, WHICH SHALL INCLUDE BUT
 SHALL NOT BE LIMITED TO:
   (I)  CURRENT  AND PROJECTED RESPONSE TIMES OF THE SUBJECT FIREHOUSE OR
 FIRE FIGHTING UNIT, WHICH SHALL MEAN THE SUM OF DISPATCH TIME AND TRAVEL
 TIME IN RESPONSE TO A CALL DIRECTED TO THE FACILITY  OR  UNIT,  FOR  THE
 AREA  AFFECTED  BY  CLOSURE,  WHICH  MUST INCLUDE GEOGRAPHIC AND TRAFFIC
 ANALYSES AS THEY AFFECT RESPONSE TIMES;
   (II) CURRENT AND PROJECTED ALLOCATION OF RESOURCES, INCLUDING STAFFING
 LEVELS, FOR THE FIREHOUSES OR FIRE FIGHTING UNITS  IN  THE  DISTRICT  OR
 DISTRICTS SERVED BY THE FACILITY OR UNIT WHICH IS PROPOSED TO BE CLOSED,
 REMOVED OR RELOCATED; AND
   (III)  DISTANCE OF OTHER FIREHOUSES OR FIRE FIGHTING UNITS IN THE AREA
 AFFECTED BY CLOSURE.
   C. THE PROPOSED CLOSURE, REMOVAL OR RELOCATION SHALL BE SUBJECT  TO  A
 THIRTY  DAY  REVIEW  PERIOD BY THE COUNCIL MEMBERS, COMMUNITY BOARDS AND
 BOROUGH PRESIDENTS WHOSE DISTRICTS ARE SERVED BY THE  SUBJECT  FIREHOUSE
 OR  FIRE  FIGHTING UNIT WHICH SHALL COMMENCE UPON RECEIPT OF THE WRITTEN
 REQUEST TO COUNCIL MEMBERS, COMMUNITY BOARDS AND BOROUGH PRESIDENTS.
   (I) IF ANY OR ALL OF THE AFFECTED COUNCIL MEMBERS, COMMUNITY BOARDS OR
 BOROUGH PRESIDENTS SUPPORT THE PROPOSAL, THE COUNCIL  WILL  BE  GIVEN  A
 THIRTY  DAY  PERIOD  TO  REVIEW THE PROPOSAL AND A MAJORITY VOTE WILL BE
 REQUIRED TO APPROVE THE MEASURE;
   (II) IF ALL OF THE AFFECTED  COUNCIL  MEMBERS,  COMMUNITY  BOARDS  AND
 BOROUGH  PRESIDENTS  OPPOSE  THE  PROPOSAL,  THE COUNCIL WILL BE GIVEN A
 THIRTY DAY PERIOD TO REVIEW THE PROPOSAL AND A TWO-THIRDS MAJORITY  VOTE
 WILL BE REQUIRED TO APPROVE THE MEASURE.
   D.  IN  THE  EVENT  THAT THE PERMANENT CLOSING OF ANY FIREHOUSE OR THE
 PERMANENT REMOVAL OR RELOCATION OF ANY FIRE FIGHTING UNIT DOES NOT OCCUR
 WITHIN FOUR MONTHS OF THE DATE OF APPROVAL AFTER REVIEW, IN  THE  MANNER
 PROVIDED  BY  PARAGRAPH  C  OF  THIS SUBDIVISION, THE COMMISSIONER SHALL
 ISSUE ANOTHER WRITTEN REQUEST WITH  SUPPORTING  DOCUMENTATION  PRIOR  TO
 SUCH  PERMANENT  CLOSURE,  REMOVAL  OR  RELOCATION,  WITH ANOTHER REVIEW
 PROCEDURE REQUIRED AS PROVIDED BY PARAGRAPH C OF THIS  SUBDIVISION.  THE
 FOUR  MONTHS  DURING WHICH THE APPROVAL IS EFFECTIVE SHALL BE TOLLED FOR
 ANY PERIOD IN WHICH A RESTRAINING ORDER OR  INJUNCTION  PROHIBITING  THE
 CLOSING OF SUCH FACILITY OR UNIT SHALL BE IN EFFECT.
   § 2. This act shall take effect immediately.