S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    455
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  M.  of  A.  BRAUNSTEIN,  COLTON,  L. ROSENTHAL, SIMOTAS,
   ABBATE, CRESPO -- Multi-Sponsored by -- M.  of  A.  DINOWITZ,  LENTOL,
   M. G. MILLER,  PERRY  --  read  once  and referred 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]
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD02657-01-9

 A. 455                              2
 
 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.
   §  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.