Senate Bill S4409

                                 BILL NUMBER:  S4409

 TITLE OF BILL :  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

 PURPOSE OR GENERAL IDEA OF BILL :

This legislation will create a similar "call up" procedure to the New
York city charter provision that allows the Council to elect to review
certain actions approved by the Department of City Planning.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 of the bill amends the New York city charter by adding a new
subdivision h that includes the following sections:

(1) authority is given to the city council to review any New York city
department of health regulation by voting to take jurisdiction within
20 days after the city department of health files its report;

(2) (A) eligible actions for review are those that were disapproved by
the community board and borough president, those that were approved or
approved with modification by the city department of health and the
borough president files an objection to the department of health's
approval with the council and the department of health within 5 days
              

of receipt of the department of health's approval;

(2)(B) the council shall hold a public hearing within 50 days of
receipt of the department of health's report that an application that
is either subject to mandatory review or is "called-up" by the council
and shall approve, approve with modification or disapprove the
decision of the department of health;

(2) (C) if during the course of its 50 day review period, the council
decides it wants to approve with a modification it can only do so by
referring the proposed modification back to the department of health
and the department of health shall then determine if the modification
requires additional review, if further review is needed then the
council may not adopt the modification, if no additional review is
required then the council may adopt the application with the
modification and when the council proposes a modification, the
department has fifteen days to make its determination during which
time the council's 50 day clock is stopped;

(3) a council action approving, approving with modifications or
disapproving the 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 department of
health.

Section 2 of the bill sets forth an effective date 180 days after it
shall have become a law.

 JUSTIFICATION :

Over the past several years the New York city department of health has
made several regulatory changes that have had broad and sweeping
effects on city residents as well as those non-residents who work in
or visit the city. Some of those regulatory changes were implemented
solely as part of a rule making process and did not undergo any form
of legislative review. This included the city administration's efforts
to impose a ban on large size soda and other sugary beverages. A
long-standing legal battle continues today challenging the agency's
authority to impose these restrictions solely through a rule making
process.

The city council should be empowered to "call up" controversial
regulatory changes that are made by the department of health in the
same way that the council is empowered to "call up" certain land use
decisions made by the city planning commission. This is especially
appropriate when the local community board and the borough president
have filed their objections to the department of health's regulatory
action and the department of health proceeds despite those objections.

Allowing this additional review procedure will provide necessary
checks and balances upon this agency when it imposes regulations that
have a sweeping effect and have raised significant objections within
the local governing bodies.

 PRIOR LEGISLATIVE HISTORY :

New Bill.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect 180 days after it shall have become a law.