Bill S455-2013

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

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.

Details

Actions

  • Jun 20, 2014: COMMITTED TO RULES
  • May 12, 2014: ADVANCED TO THIRD READING
  • May 7, 2014: 2ND REPORT CAL.
  • May 6, 2014: 1ST REPORT CAL.539
  • Jan 8, 2014: REFERRED TO CITIES
  • Jun 21, 2013: COMMITTED TO RULES
  • Jun 4, 2013: ADVANCED TO THIRD READING
  • Jun 3, 2013: 2ND REPORT CAL.
  • May 30, 2013: 1ST REPORT CAL.922
  • Jan 9, 2013: REFERRED TO CITIES

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Cities - May 30, 2013
Ayes (6): Lanza, Ball, DeFrancisco, Grisanti, Avella, Breslin
VOTE: COMMITTEE VOTE: - Cities - May 6, 2014
Ayes (5): Lanza, DeFrancisco, Grisanti, Squadron, Breslin
Nays (1): Ball

Memo

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.


Text

STATE OF NEW YORK ________________________________________________________________________ 455 2013-2014 Regular Sessions IN SENATE (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
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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