assembly Bill A8477

2011-2012 Legislative Session

Requires written request and review of proposed reductions in the level of fire services

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

do you support this bill?

Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to cities
Jun 17, 2011 referred to cities

Co-Sponsors

view all co-sponsors

Multi-Sponsors

view all multi-sponsors

A8477 - Bill Details

See Senate Version of this Bill:
S5662
Current Committee:
Assembly Cities
Law Section:
New York City Charter
Laws Affected:
Amd §487, NYC Chart; add §15-129, NYC Ad Cd

A8477 - Bill Texts

view summary

Requires written request, including environmental impact statement, and review by community boards, borough presidents and the council of proposed reductions in the level of fire services, including closure of firehouses or removal or relocation of fire fighting units.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8477

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              June 17, 2011
                               ___________

Introduced  by  M.  of  A.  BRAUNSTEIN, MARKEY, CRESPO, SIMOTAS, MAISEL,
  COLTON, ABBATE -- Multi-Sponsored by -- M.  of  A.  DINOWITZ,  LENTOL,
  MENG,  M. MILLER,  MILLMAN,  PERRY,  P. RIVERA, SCARBOROUGH, TITONE --
  read once and referred to the Committee on Cities

AN ACT to amend the New York city charter and the administrative code of
  the city of New York, 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. Subdivision a of section 487 of the New York city  charter,
as  amended  by local law number 40 of the city of New York for the year
1989, is amended to read as follows:
  a. The commissioner shall have sole and exclusive  power  and  perform
all  duties  for the government, discipline, management, maintenance and
direction of the fire department and the premises and  property  in  the
custody thereof, however, the commissioner shall [provide written notice
with  supporting  documentation  at  least  forty-five days prior to the
permanent closing of any firehouse or the  permanent  removal  or  relo-
cation  of  any  fire  fighting  unit  to the council members, community
boards and borough presidents whose districts are served by such facili-
ty or unit and the chairperson of the council's public safety committee.
For the purposes of this section, the term "permanent" shall mean a time
period in excess of six months. 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 the writ-
ten notice, the commissioner shall issue  another  written  notice  with
supporting  documentation prior to such permanent removal or relocation.
The four months during which the written notice is  effective  shall  be
tolled for any period in which a restraining order or injunction prohib-
iting  the  closing of such noticed facility or unit shall be in effect]
BE REQUIRED TO COMPLY WITH THE  PROVISIONS  OF  SECTION  15-129  OF  THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11836-02-1

A. 8477                             2

ADMINISTRATIVE  CODE  OF  THE  CITY  OF NEW YORK WITH RESPECT TO CERTAIN
PROPOSED REDUCTIONS OF FIRE SERVICES.
  S  2.  The  administrative  code of the city of New York is amended by
adding a new section 15-129 to read as follows:
  S 15-129. REDUCTION OF FIRE SERVICES; PRIOR APPROVAL REQUIRED.  A. THE
COMMISSIONER 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, COMMUNI-
TY BOARDS AND BOROUGH PRESIDENTS WHOSE  DISTRICTS  ARE  SERVED  BY  SUCH
FACILITY  OR  UNIT  AND  THE  CHAIRPERSON OF THE COUNCIL'S PUBLIC SAFETY
COMMITTEE. 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 SUBDIVISION A OF THIS SECTION,
SHALL INCLUDE AN ENVIRONMENTAL IMPACT STATEMENT,  WHICH  SHALL  ADDRESS,
BUT SHALL NOT BE LIMITED TO:
  (1)  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 EFFECT RESPONSE TIMES;
  (2) 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
  (3) DISTANCE OF OTHER FIREHOUSES OF FIRE FIGHTING UNITS  IN  THE  AREA
AFFECTED BY CLOSURE.
  C.  THE  PROPOSED  CLOSURE,  REMOVAL OR RELOCATION SHALL BE SUBJECT TO
CONSECUTIVE THIRTY DAY  REVIEW  PERIODS  BY  THE  COMMUNITY  BOARDS  AND
BOROUGH  PRESIDENTS  WHOSE DISTRICTS ARE SERVED BY THE SUBJECT FIREHOUSE
OR FIRE FIGHTING UNIT.
  (1) IF ANY OR ALL OF THE AFFECTED COMMUNITY BOARDS OR  BOROUGH  PRESI-
DENTS SUPPORT THE PROPOSAL, THE COUNCIL WILL BE GIVEN A THIRTY DAY PERI-
OD  TO  REVIEW  THE  PROPOSAL  AND  A  MAJORITY VOTE WILL BE REQUIRED TO
APPROVE THE MEASURE;
  (2) IF ALL OF THE AFFECTED 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 SUBDIVISION C OF THIS SECTION, THE COMMISSIONER SHALL ISSUE
ANOTHER WRITTEN REQUEST WITH  SUPPORTING  DOCUMENTATION  PRIOR  TO  SUCH
PERMANENT  CLOSURE,  REMOVAL OR RELOCATION. 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.
  S 3. This act shall take effect immediately.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.