Senate Bill S697A

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

                                 697--A
    Cal. No. 176

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Cities -- reported favora-
  bly from said committee, ordered to first and second  report,  ordered
  to a third reading, amended and ordered reprinted, retaining its place
  in the order of third reading

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:
  S  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD00436-04-5

S. 697--A                           2

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
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.
  S 2. This act shall take effect immediately.