Bill Text: NY S05339 | 2019-2020 | 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) 2020-12-28 - COMMITTED TO RULES [S05339 Detail]
Download: New_York-2019-S05339-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5339 2019-2020 Regular Sessions IN SENATE April 26, 2019 ___________ Introduced by Sen. COMRIE -- 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 notice8with supporting documentation at least forty-five days prior to the9permanent closing of any firehouse or the permanent removal or relo-10cation of any fire fighting unit to the council members, community11boards and borough presidents whose districts are served by such facili-12ty or unit and the chairperson of the council's public safety committee.13For the purposes of this section, the term "permanent" shall mean a time14period in excess of six months. In the event that the permanent closing15of any firehouse or the permanent removal or relocation of any fire-16fighting unit does not occur within four months of the date of the writ-17ten notice, the commissioner shall issue another written notice with18supporting documentation prior to such permanent removal or relocation.19The four months during which the written notice is effective shall be20tolled for any period in which a restraining order or injunction prohib-21iting 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 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. LBD02657-01-9S. 5339 2 1 § 2. The administrative code of the city of New York is amended by 2 adding a new section 15-131-a to read as follows: 3 § 15-131-a. Reduction of fire services; prior approval required. a. 4 The commissioner shall provide written request with supporting documen- 5 tation prior to the permanent closing of any firehouse or the permanent 6 removal or relocation of any fire fighting unit to the council members, 7 community boards and borough presidents whose districts are served by 8 such 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 affect 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 § 3. This act shall take effect immediately.
