Bill Text: NY A00561 | 2021-2022 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced - Dead) 2022-01-05 - referred to cities [A00561 Detail]

Download: New_York-2021-A00561-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           561

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                       (Prefiled)

                                     January 6, 2021
                                       ___________

        Introduced  by  M.  of  A.  BRAUNSTEIN,  COLTON, L. ROSENTHAL, ABBATE --
          Multi-Sponsored by -- M. of  A.  DINOWITZ,  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:

     1    Section  1. Subdivision a of section 487 of the New York city charter,
     2  as amended by local law number 40 of the city of New York for  the  year
     3  1989, is amended to read as follows:
     4    a.  The  commissioner  shall have sole and exclusive power and perform
     5  all duties for the government, discipline, management,  maintenance  and
     6  direction  of  the  fire department and the premises and property in the
     7  custody thereof, however, the commissioner shall [provide written notice
     8  with supporting documentation at least  forty-five  days  prior  to  the
     9  permanent  closing  of  any  firehouse or the permanent removal or relo-
    10  cation of any fire fighting  unit  to  the  council  members,  community
    11  boards and borough presidents whose districts are served by such facili-
    12  ty or unit and the chairperson of the council's public safety committee.
    13  For the purposes of this section, the term "permanent" shall mean a time
    14  period  in excess of six months. In the event that the permanent closing
    15  of any firehouse or the permanent removal or  relocation  of  any  fire-
    16  fighting unit does not occur within four months of the date of the writ-
    17  ten  notice,  the  commissioner  shall issue another written notice with
    18  supporting documentation prior to such permanent removal or  relocation.
    19  The  four  months  during which the written notice is effective shall be
    20  tolled for any period in which a restraining order or injunction prohib-
    21  iting the closing of such noticed facility or unit shall be  in  effect]
    22  be  required  to  comply  with the provisions of section 15-131-a of the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03478-01-1
        A. 561                              2

     1  administrative code of the city of New  York  with  respect  to  certain
     2  proposed reductions of fire services.
     3    §  2.  The  administrative  code of the city of New York is amended by
     4  adding a new section 15-131-a to read as follows:
     5    § 15-131-a. Reduction of fire services; prior approval required.    a.
     6  The  commissioner shall provide written request with supporting documen-
     7  tation prior to the permanent closing of any firehouse or the  permanent
     8  removal  or relocation of any fire fighting unit to the council members,
     9  community boards and borough presidents whose districts  are  served  by
    10  such facility or unit and the chairperson of the council's public safety
    11  committee.  For the purposes of this section, the term "permanent" shall
    12  mean a time period in excess of six months.
    13    b. The written request, required by subdivision  a  of  this  section,
    14  shall  include  an  environmental impact statement, which shall address,
    15  but shall not be limited to:
    16    (1) current and projected response times of the subject  firehouse  or
    17  fire fighting unit, which shall mean the sum of dispatch time and travel
    18  time  in  response  to  a call directed to the facility or unit, for the
    19  area affected by closure, which  must  include  geographic  and  traffic
    20  analyses as they affect response times;
    21    (2)  current and projected allocation of resources, including staffing
    22  levels, for the firehouses or fire fighting units  in  the  district  or
    23  districts served by the facility or unit which is proposed to be closed,
    24  removed or relocated; and
    25    (3)  distance  of  other firehouses of fire fighting units in the area
    26  affected by closure.
    27    c. The proposed closure, removal or relocation  shall  be  subject  to
    28  consecutive  thirty  day  review  periods  by  the  community boards and
    29  borough presidents whose districts are served by the  subject  firehouse
    30  or fire fighting unit.
    31    (1)  If  any or all of the affected community boards or borough presi-
    32  dents support the proposal, the council will be given a thirty day peri-
    33  od to review the proposal and  a  majority  vote  will  be  required  to
    34  approve the measure;
    35    (2)  If  all  of  the affected community boards and borough presidents
    36  oppose the proposal, the council will be given a thirty  day  period  to
    37  review  the  proposal and a two-thirds majority vote will be required to
    38  approve the measure.
    39    d. In the event that the permanent closing of  any  firehouse  or  the
    40  permanent removal or relocation of any fire fighting unit does not occur
    41  within  four  months of the date of approval after review, in the manner
    42  provided by subdivision c of this section, the commissioner shall  issue
    43  another  written  request  with  supporting  documentation prior to such
    44  permanent closure, removal or relocation. The four months  during  which
    45  the  approval  is  effective  shall  be tolled for any period in which a
    46  restraining order or injunction prohibiting the closing of such facility
    47  or unit shall be in effect.
    48    § 3. This act shall take effect immediately.