S T A T E   O F   N E W   Y O R K
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                                 771--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             January 7, 2015
                               ___________

Introduced  by  M. of A. BRAUNSTEIN, MARKEY, BRENNAN, COLTON, ROSENTHAL,
  SIMOTAS, ABBATE, CRESPO, SKOUFIS, MOYA -- Multi-Sponsored by -- M.  of
  A.   DINOWITZ, LENTOL, MILLER, PERRY, SCARBOROUGH, TITONE -- read once
  and referred to the Committee on Cities -- committee discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00436-03-5
              

A. 771--A                           2

iting  the  closing of such noticed facility or unit shall be in effect]
BE REQUIRED TO COMPLY WITH THE  PROVISIONS  OF  SECTION  15-130  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 15-130 to read as follows:
  S 15-130. 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 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.
  S 3. This act shall take effect immediately.