Senate Bill S5339

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5339
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              April 26, 2019
                                ___________
 
 Introduced  by  Sen.  COMRIE -- 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  15-131-A  OF  THE
 ADMINISTRATIVE  CODE  OF  THE  CITY  OF NEW YORK WITH RESPECT TO CERTAIN
 PROPOSED REDUCTIONS OF FIRE SERVICES.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02657-01-9

 S. 5339                             2
 
   § 2. The administrative code of the city of New  York  is  amended  by
 adding a new section 15-131-a to read as follows:
   §  15-131-A.  REDUCTION OF FIRE SERVICES; PRIOR APPROVAL REQUIRED.  A.
 THE COMMISSIONER SHALL PROVIDE WRITTEN REQUEST WITH SUPPORTING  DOCUMEN-
 TATION  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. 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 AFFECT 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.
   § 3. This act shall take effect immediately.