BILL NUMBER:S6189

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.