senate Bill S455

2013-2014 Legislative Session

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

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 20, 2014 committed to rules
May 12, 2014 advanced to third reading
May 07, 2014 2nd report cal.
May 06, 2014 1st report cal.539
Jan 08, 2014 referred to cities
Jun 21, 2013 committed to rules
Jun 04, 2013 advanced to third reading
Jun 03, 2013 2nd report cal.
May 30, 2013 1st report cal.922
Jan 09, 2013 referred to cities

Votes

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May 6, 2014 - Cities committee Vote

S455
5
1
committee
5
Aye
1
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
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Cities Committee Vote: May 6, 2014

nay (1)

May 30, 2013 - Cities committee Vote

S455
6
0
committee
6
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Cities committee vote details

Cities Committee Vote: May 30, 2013

S455 - Bill Details

See Assembly Version of this Bill:
A917
Current Committee:
Law Section:
New York City Charter
Laws Affected:
Amd §487, NYC Chart; add §15-129, NYC Ad Cd
Versions Introduced in 2011-2012 Legislative Session:
S5662, A8477

S455 - 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.

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BILL NUMBER:S455

TITLE OF BILL:
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

PURPOSE OR GENERAL IDEA OF BILL:

The legislation will expand the current notice requirements of New
York city laws pertaining to proposed reductions in the level of fire
services.

SUMMARY OF PROVISIONS:
Section 1 of the bill amends 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, to amend the current notice provisions
and add the requirement that commissioner of the fire department
comply with the provisions of newly created section 15-129 of the
administrative code of the city of New York with respect to certain
proposed reductions of fire services.

Section 2 of the bill amends the administrative code of the city of
New York by adding a new section 15-129 that requires approval prior
to the reduction of fire services by the Commissioner of the Fire
Department as follows:

1) Commissioner shall provide written request with supporting
documentation prior to permanent (more than 6 months) closing of any
firehouse, permanent removal or relocation of any fire fighting unit
to the city council, community boards and borough presidents whose
districts are served by the facility in question and the chairperson
of the council's public safety committee.

2) Commissioner's written request must include: an environmental
impact statement, addressing at least the following: current and
projected response times if closing allowed including geographic and
traffic analyses as they effect response times; current and projected
allocation of resources, including staffing levels in the firehouses
or unit in the districts affected by closure; and distance of other
firehouses or units in the area affected by closure.

3) Proposed closure is subject to consecutive 30 day review periods by
community boards and borough presidents whose districts are affected
by closure.

4) If any or all of the affected community boards or borough
presidents support the proposal, the council will have 30 days to
review and a majority vote will be required to approve the measure.

5) If all of the affected community boards and borough presidents
oppose the proposal.
the council will have 30 days to review and a 2/3 majority vote will
be required to approve the measure.


6) If the permanent closing does not occur with four months of
approval, the Commissioner will be required to issue another request
pursuant to the requirements of this section.

Section 3 provides for this act to take effect immediately.

JUSTIFICATION:

The proposed closure of 20 firehouses by New York city Mayor Michael
Bloomberg in 2011 poses a significant safety threat to the citizens
of New York city and such extreme actions should not be allowed to
occur without a complete and transparent review of the potential
effects of such closure and without the approval of the city council.

Therefore, this legislation is necessary to give community boards,
borough presidents and the city council an opportunity to thoroughly
review requests from the Fire Commissioner that provide a detailed
analyses in an environmental impact statement setting forth the
current and projected response times if a closing were allowed
including geographic and traffic analyses as they effect response
times, the current and projected allocation of resources, including
staffing levels in the firehouses or unit in the districts affected
by closure, and the distance of other firehouses or units in the area
affected by closure.

In the event that any or all of the affected community boards or
borough presidents support the proposal, the council will have 30
days to review and a only majority vote will be required to approve
the measure. However, if all of the affected community boards and
borough presidents oppose the proposal, the council will have 30 days
to review and a 2/3 majority vote will be required to approve the
measure.

PRIOR LEGISLATIVE HISTORY:
2011-12: S.5662/A.8477 (Braunstein)

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.

EFFECTIVE DATE:
This act shall take effect immediately.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   455

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

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 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.
                                                           LBD03372-01-3

S. 455                              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.

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