Bill Text: NY S05662 | 2011-2012 | General Assembly | Introduced
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 1-0)
Status: (Introduced - Dead) 2012-01-04 - REFERRED TO CITIES [S05662 Detail]
Download: New_York-2011-S05662-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
5662
2011-2012 Regular Sessions
I N S E N A T E
June 9, 2011
___________
Introduced by Sen. AVELLA -- read twice and ordered printed, and when
printed to be committed 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 15-129 OF THE
23 ADMINISTRATIVE CODE OF THE CITY OF NEW YORK WITH RESPECT TO CERTAIN
24 PROPOSED REDUCTIONS OF FIRE SERVICES.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11836-02-1
S. 5662 2
1 S 2. The administrative code of the city of New York is amended by
2 adding a new section 15-129 to read as follows:
3 S 15-129. REDUCTION OF FIRE SERVICES; PRIOR APPROVAL REQUIRED. A. THE
4 COMMISSIONER SHALL PROVIDE WRITTEN REQUEST WITH SUPPORTING DOCUMENTATION
5 PRIOR TO THE PERMANENT CLOSING OF ANY FIREHOUSE OR THE PERMANENT REMOVAL
6 OR RELOCATION OF ANY FIRE FIGHTING UNIT TO THE COUNCIL MEMBERS, COMMUNI-
7 TY BOARDS AND BOROUGH PRESIDENTS WHOSE DISTRICTS ARE SERVED BY SUCH
8 FACILITY OR UNIT AND THE CHAIRPERSON OF THE COUNCIL'S PUBLIC SAFETY
9 COMMITTEE. FOR THE PURPOSES OF THIS SECTION, THE TERM "PERMANENT" SHALL
10 MEAN A TIME PERIOD IN EXCESS OF SIX MONTHS.
11 B. THE WRITTEN REQUEST, REQUIRED BY SUBDIVISION A OF THIS SECTION,
12 SHALL INCLUDE AN ENVIRONMENTAL IMPACT STATEMENT, WHICH SHALL ADDRESS,
13 BUT SHALL NOT BE LIMITED TO:
14 (1) CURRENT AND PROJECTED RESPONSE TIMES OF THE SUBJECT FIREHOUSE OR
15 FIRE FIGHTING UNIT, WHICH SHALL MEAN THE SUM OF DISPATCH TIME AND TRAVEL
16 TIME IN RESPONSE TO A CALL DIRECTED TO THE FACILITY OR UNIT, FOR THE
17 AREA AFFECTED BY CLOSURE, WHICH MUST INCLUDE GEOGRAPHIC AND TRAFFIC
18 ANALYSES AS THEY EFFECT RESPONSE TIMES;
19 (2) CURRENT AND PROJECTED ALLOCATION OF RESOURCES, INCLUDING STAFFING
20 LEVELS, FOR THE FIREHOUSES OR FIRE FIGHTING UNITS IN THE DISTRICT OR
21 DISTRICTS SERVED BY THE FACILITY OR UNIT WHICH IS PROPOSED TO BE CLOSED,
22 REMOVED OR RELOCATED; AND
23 (3) DISTANCE OF OTHER FIREHOUSES OF FIRE FIGHTING UNITS IN THE AREA
24 AFFECTED BY CLOSURE.
25 C. THE PROPOSED CLOSURE, REMOVAL OR RELOCATION SHALL BE SUBJECT TO
26 CONSECUTIVE THIRTY DAY REVIEW PERIODS BY THE COMMUNITY BOARDS AND
27 BOROUGH PRESIDENTS WHOSE DISTRICTS ARE SERVED BY THE SUBJECT FIREHOUSE
28 OR FIRE FIGHTING UNIT.
29 (1) IF ANY OR ALL OF THE AFFECTED COMMUNITY BOARDS OR BOROUGH PRESI-
30 DENTS SUPPORT THE PROPOSAL, THE COUNCIL WILL BE GIVEN A THIRTY DAY PERI-
31 OD TO REVIEW THE PROPOSAL AND A MAJORITY VOTE WILL BE REQUIRED TO
32 APPROVE THE MEASURE;
33 (2) IF ALL OF THE AFFECTED COMMUNITY BOARDS AND BOROUGH PRESIDENTS
34 OPPOSE THE PROPOSAL, THE COUNCIL WILL BE GIVEN A THIRTY DAY PERIOD TO
35 REVIEW THE PROPOSAL AND A TWO-THIRDS MAJORITY VOTE WILL BE REQUIRED TO
36 APPROVE THE MEASURE.
37 D. IN THE EVENT THAT THE PERMANENT CLOSING OF ANY FIREHOUSE OR THE
38 PERMANENT REMOVAL OR RELOCATION OF ANY FIRE FIGHTING UNIT DOES NOT OCCUR
39 WITHIN FOUR MONTHS OF THE DATE OF APPROVAL AFTER REVIEW, IN THE MANNER
40 PROVIDED BY SUBDIVISION C OF THIS SECTION, THE COMMISSIONER SHALL ISSUE
41 ANOTHER WRITTEN REQUEST WITH SUPPORTING DOCUMENTATION PRIOR TO SUCH
42 PERMANENT CLOSURE, REMOVAL OR RELOCATION. THE FOUR MONTHS DURING WHICH
43 THE APPROVAL IS EFFECTIVE SHALL BE TOLLED FOR ANY PERIOD IN WHICH A
44 RESTRAINING ORDER OR INJUNCTION PROHIBITING THE CLOSING OF SUCH FACILITY
45 OR UNIT SHALL BE IN EFFECT.
46 S 3. This act shall take effect immediately.
