NY State Senate Bill 2021-S5584

Archive: Last Bill Status - In Senate Committee Cities 1 Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to cities 1
Mar 11, 2021	referred to cities 1

2021-S5584 (ACTIVE) - Details

See Assembly Version of this Bill:: A561
Current Committee:: Senate Cities 1
Law Section:: New York City Charter
Laws Affected:: Amd §487, NYC Chart; add §15-131-a, NYC Ad Cd
Versions Introduced in Other Legislative Sessions:: 2015-2016: A771
2017-2018: A323
2019-2020: S5339, A455
2023-2024: S2430

2021-S5584 (ACTIVE) - Summary

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.

2021-S5584 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5584

SPONSOR: COMRIE
 
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 SPECIFIC 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 15-130 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 documenta-
tion 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 affect response times; current and projected allocation
of resources, including staffing levels in the firehouse 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 of all the affected community boards or borough presidents
support the  proposal, the Council will have 30 day; 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 posed 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. Howev-
er, if all of the affected community boards and borough presidents ò
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:

2011-2012: A.8477/S.5662 - Referred to Cities.

2013-2014: A.917/S.455 - Referred to Cities.

2015-2016: A.771-A/S.697-A - Referred to Cities.

2017-2018:A.323 - Referred to Cities.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S5584 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5584
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              March 11, 2021
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Cities 1
 
 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.

                                                            LBD03478-01-1

 S. 5584                             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.

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Senate Bill S5584

Sponsored By

Archive: Last Bill Status - In Senate Committee Cities 1 Committee

2021-S5584 (ACTIVE) - Details

2021-S5584 (ACTIVE) - Summary

2021-S5584 (ACTIVE) - Sponsor Memo

2021-S5584 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5584

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Sponsored By

Leroy Comrie

Archive: Last Bill Status - In Senate Committee Cities 1 Committee

2021-S5584 (ACTIVE) - Details

2021-S5584 (ACTIVE) - Summary

2021-S5584 (ACTIVE) - Sponsor Memo

2021-S5584 (ACTIVE) - Bill Text download pdf

Comments