MMR - FY20 - AGENCY RULEMAKING FISCAL 2020

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  • AGENCY RULEMAKING | Page 417
  • AGENCY RULEMAKING FISCAL 2020
  • Agency
  • Total adopted/
  • amended Not in regulatory agenda* Emergency actions
  • BIC 3 0
  • CCHR 2 1
  • DCA 14 12 2
  • DCP 1 1
  • DEP 7 0
  • DFTA 1 1
  • DHS 1 1
  • DOB 10 6
  • DOC 2 2
  • DOF 8 7
  • DOHMH 6 6
  • DOT 4 2 1
  • DPR 1 1
  • DSNY 2 0
  • FDNY 3 2
  • HPD 5 1
  • HRA 5 5 2
  • LOFT 1 1 1
  • OATH 2 1
  • SBS 2 2
  • TLC 3 2
  • TOTAL 83 54 6
  • During Fiscal 2020, 54 of 83 rules (65% of the rulemaking actions) were not included in agency regulatory agendas because they were not contemplated at the time or were
  • adopted as emergency rules. Rules that were not included in regulatory agendas still went through the full City Administrative Procedure Act rule review process.
  • For more information on the rulemaking process and regulatory agendas, go to NYC Rules: http://rules.cityofnewyork.us/
  • Page 418 | MAYOR’S MANAGEMENT REPORT
  • Agency Rule Summary Title Chapter Section Adoption Date
  • BIC
  • Facilitates the registration of labor unions or labor organizations
  • representing or seeking to represent employees directly involved
  • in the collection, removal, transportation or disposal of trade
  • waste and for suspending or disqualifying officers of such unions
  • or organizations; and facilitatea the dissemination of information
  • about the rights of private sanitation employees. 17 1, 2, 8
  • 1-01, 2-204, 2-205, 2-207,
  • 8-801 7/23/2019
  • BIC
  • Amends the seafood distribution market rules and penalty schedule for violations relating to photo identification card compliance. 17 11, 12 11-19, 11-22, 12-18, 12-27 10/28/2019
  • BIC
  • Amends the rules governing heavy duty trade waste hauling
  • vehicles. 17 1, 5, 7 1-04, 5-10, 5-13, 7-03, 7-07 4/2/2020
  • CCHR
  • Amends rules governing practices and procedures for case management. 47 1
  • 1-01 thur 1-08, 1-11 thru 1-16,
  • 1-21 thru 1-23, 1-31 thru 1-43,
  • 1-51, 1-52, 1-61 thru 1-69, 1-71,
  • 1-81 thru 1-83, 1-91 8/6/2019
  • CCHR
  • Adds exceptions to the general prohibition on preemployment
  • testing for tetrahydrocannabinols or marijuana. 47 2 2-07 6/24/2020
  • DCA
  • Allows tax preparers who are not Certified Public Accountants
  • (“CPAs”) or Public Accountants to use the word “accountant” to
  • describe themselves, so long as they disclose that they are not
  • CPAs or Public Accountants. In addition, where it is not feasible
  • to post a price list sign at every place where payment is made
  • because a tax preparer is preparing taxes at a consumer’s home or
  • business, the amended rules will require tax preparers to provide
  • each consumer with a hard copy of the price list prior to any
  • discussion with the consumer. 6 5 5-66 7/5/2019
  • DCA
  • Clarifies that auction houses must receive a license to engage in
  • auctioneering. Requires auctioneers to notify a winning bidder
  • within 7 days of the auction if the auctioneer opts to cancel the
  • sale of the lot or reoffer and resell the lot. 6 2 2-120, 2-122, 8/15/2019
  • DCA
  • Updates Sidewalk Café rules to help support public understanding
  • of licensing and regulation. 6 2
  • 2-41, 2-43, 2-44, 2-45, 2-48,
  • 2-51, 2-53 thru 2-59 9/3/2019
  • DCA
  • Amends the penalty schedule for the sale of petroleum products
  • by lowering the maximum penalty for one type of violation, eliminating violations that do not exist, adding a penalty for a violation
  • recently added to the rules, and adding violations to the weights
  • and measures penalty schedule. 6 6 6-38 9/24/2019
  • DCA
  • Requires ticket sellers to disclose on tickets for trips to the Statue
  • of Liberty that the trip cannot land at Ellis Island. 6 2, 6 2-442, 2-443, 6-66 10/25/2019
  • DCA
  • Amends the record keeping requirements for secondhand automobile dealers. 6 2 2-109 12/5/2019
  • DCA
  • Clarifies the obligations of mobile car wash operators including
  • the application materials mobile car wash operators must provide
  • and clarifying when mobile car washes need a license. 6 2, 6
  • 2-241, 2-243, 2-434, 2-435,
  • 6-67 1/28/2020
  • DCA
  • Prohibits licensees from altering/falsifying DCA-related documents, requires licensees to post license numbers on e-advertisements and solicitations in addition to printed ones, and clarifies
  • the requirements relating to issuance of notices of hearing,
  • requests for documents, interrogatories, and notices of deposition;
  • and, updates the penalty schedule. 6 1, 6
  • 1-01 thru 1-05; 1-10; 1-12 thru
  • 1-14.1; 1-18 thru 1-20; 1-22;
  • 6-11 2/24/2020
  • DCA
  • Emergency rule prohibits and applies penalties for price gouging in
  • response to coronavirus crisis. 6 6, 5 5-42, 6-47 3/18/2020
  • DCA
  • Amends penalty schedules, including those related to electronic
  • cigarette retail dealers, sidewalk stands, electronic stores, etching
  • acid, motorized scooters, employment agencies, air conditioning
  • prohibitions, and bail bond agents. 6 6
  • 6-12.1, 6-16, 6-35, 6-40, 6-55,
  • 6-59, 6-63, 6-71 4/21/2020
  • DCA
  • Adds entries for some violations currently missing from the penalty
  • schedule, including for violations of section 5-38 of chapter 5 of
  • title 6 of the Rules of the City of New York, which requires sellers
  • to comply with certain requirements when selling goods declared
  • to be temporarily in short supply, and adds language to provide for
  • maximum penalties of $500 in the event of a knowing violation of
  • the consumer protection law code and rules. 6 6 6-47 5/11/2020
  • DCA
  • Amends the rules governing process servers to implement Local
  • Law 112 of 2019, which requires the Department to conduct audits of certain process servers and creates a notification system for,
  • among other things, suspensions and revocations of, and denials
  • of applications for, process server licenses. 6 2, 6 2-239, 2-240, 6-30 5/11/2020
  • DCA
  • Requires debt collectors to inform consumers about whether
  • certain language access services are available and to retain records
  • relating to language access services. 6 2, 5, 6 2-193, 5-77, 6-62 5/28/2020
  • AGENCY RULEMAKING | Page 419
  • DCA
  • Declares as unconscionable the practice of price gouging goods
  • and services that are essential to health, safety and welfare, or are
  • marketed or advertised as being essential to health, safety and
  • welfare. 6 5, 6 5-42, 6-47 6/26/2020
  • DCP
  • Provides specifications for the signage required by Local Law 116
  • of 2017, as amended by Local Law 250 of 2017, to be posted by
  • property owners at all privately owned public spaces, provides
  • a framework for DCP review of proposed signage, and provides
  • timeframes for compliance with these proposed rules. 62 11 11-01 thru 11-06 1/6/2020
  • DEP
  • Establishes uniform standards for the permitting of certain drilling
  • and excavation in close proximity to Department and Water Board
  • water tunnels and shafts, to protect the tunnels and shafts from
  • potential damage. 15 57 57-01 thru 57-08 7/22/2019
  • DEP
  • Amends Chapter 18 which covers the protection from contamination, degradation and pollution of the New York City Water Supply
  • and its sources. 15 18
  • 18-12, 18-15 thru 18-17, 18-23,
  • 18-26 thru 18-29, 18-34 thru
  • 18-39, 18-41, 18-61, 18-82 ,
  • Appendices 18-A thru 18-C ,
  • 18-83 through 18-84 10/30/2019
  • DEP Relocates Haz Mat Penalty Schedule to DEP rules from OATH rules. 15 59 59-01, 59-02, 10/30/2019
  • DEP
  • Amends the penalty schedule for violations of the Air Pollution
  • Control Code. 15 43 43-02 11/26/2019
  • DEP
  • Clarifies that stipulations will be available for summonses issued
  • for violations of the Stormwater Rules. 15 55 55-01, 55-02 12/9/2019
  • DEP
  • Amends the Department’s Green Infrastructure Grant Program
  • rules to target green roof retrofits and streamline the application
  • submittal and design review processes for these projects. 15 48 48-01 thru 48-08 12/9/2019
  • DEP Updates and clarifies the existing rules on use of the public sewers. 15 19 19-01 thru 19-12 2/18/2020
  • DFTA
  • Establishes procedures for the Social Adult Day Care (SADC) Ombudsperson Office registration and complaint process, including
  • investigations, referrals and factual determinations made for Social
  • Adult Day Cares. Establishes civil penalty schedule. 69 2 2-01 thru 2-31 1/9/2020
  • DHS
  • Establishes a new income savings program for individuals who
  • reside in DHS shelters for single adults and have earned income. 31 4 4-01 thru 4-06 11/15/2019
  • DOB
  • Amends standards for energy audits and retro-commissioning procedures, qualifications, testing protocols, reporting and corrects a
  • cross reference 1 100 102-03, 103-07 7/15/2019
  • DOB
  • Updates the Buildings Penalty Schedule to reflect amendments to
  • Administrative Code § 28-203.1 made in Local Law 203 of 2017
  • and to amend another miscellaneous penalty. 1 100 102-1 9/20/2019
  • DOB
  • Clarifies requirements and specifies the filing processes associated
  • with the periodic inspections set forth in Local Law 152 of 2016. 1 100 101-06, 103-10 9/23/2019
  • DOB
  • Adds a requirement for carbon monoxide detectors in additional
  • occupancy types and creates retroactive requirements for existing
  • buildings. 1 900 908-01 10/10/2019
  • DOB
  • Adds a new rule regarding placing worker safety information on
  • construction fences. 1 3300 3301-03 10/15/2019
  • DOB
  • Clarifies requirements and specifies application and examination
  • processes associated with both the gas work qualification and the
  • limited gas work qualification created by Local Law 150 of 2016. 1 100 101-03, 104-12 11/7/2019
  • DOB
  • Amends the course provider rule to address site safety training,
  • adds penalties relating to site safety training and adds a new rule
  • regarding site safety training. 1 100, 3300 105-03, 3321-01 12/20/2019
  • DOB
  • Amends the rules regarding approved agencies and façade inspections. 1 100 101-07, 103-04 1/21/2020
  • DOB
  • Provides for a violation with a monetary penalty to the owner of
  • any covered building for the failure to annually post the energy
  • efficiency grade and the energy efficiency score achieved by the
  • building. 1 100 103-06 1/21/2020
  • DOB Increases fees for façade report filings 1 100 101-03 6/15/2020
  • DOC Replaces and updates the Inmate Rulebook. 39 1 1-03 8/1/2019
  • DOC
  • Adds seven offenses for which DOC could detain inmates for immigration authorities. 39 2 2-01 9/6/2019
  • DOF Reduces bus lane violation from $115 to $50. 19 39 39-18 7/1/2019
  • DOF
  • Corrects inconsistencies in what fines get assigned to certain
  • types of parking violations stemming from past amendments of 19
  • RCNY 39-05. 19 39 39-05 8/1/2019
  • Page 420 | MAYOR’S MANAGEMENT REPORT
  • DOF
  • Amends the applicable monetary penalties for violations of the
  • New York City Bus Lane Restriction Program as established by New
  • York State Vehicle and Traffic Law (“VTL”) section 1111-c. 19 39 39-18 9/18/2019
  • DOF
  • Eliminates the fee for payment of bail unless otherwise required by
  • the chief administrator of the courts. 19 9 44076 10/11/2019
  • DOF
  • Removes outdated addresses where agency offices are no longer
  • located. 19 3,16 3-04, 16-02, 16-06 1/16/2020
  • DOF
  • Amends rules concerning fines for parking in violation of officially
  • posted street cleaning rules by equalizing them across the five
  • boroughs. 19 39 39-05 1/21/2020
  • DOF
  • Allows for hardship installment agreements for owners of certain
  • types of real property. 19 40 40-03 3/17/2020
  • DOF
  • Requires owners to submit registration statements regarding
  • ground floor and second floor commercial premises. 19 33, 57 33-01 57-01 3/31/2020
  • DOHMH Enhances certain reporting and disease control requirements. 24 Art 11, Art. 13
  • 11-03, 11-15, 11-21, 11-33,
  • 13-03 10/15/2019
  • DOHMH
  • Changes the fine for failure to remove dog waste from a public
  • area. The new penalty matches the fine amount provided in the
  • New York State Public Health Law. 24 7 Appendix 7-A 10/18/2019
  • DOHMH
  • Aligns Article 43 child health and safety requirements with those
  • in Article 47. 24 Art. 43
  • 43.01, 43.07, 43.11, 43.14,
  • 43.15, 43.16, 43.17, 43.19,
  • 43.20, 43.22, 43.24, 43.29,
  • 43.31 12/26/2019
  • DOHMH
  • Aligns with recent changes to the New York State Public Health
  • Law eliminating religion exemptions for vaccinations, and to the
  • Admin Code, concerning annual surveys and remediation of leadbased paint hazards. 24 Art. 47
  • 47.07, 47.13, 47.19, 47.23, 47.25,
  • 47.27, 47.29, 47.33, 47.37,
  • 47.55, 47.61, 47.63, 47.67 12/26/2019
  • DOHMH
  • Aligns the Health Code with applicable state regulatory requirements and update immunization requirements in light of the
  • changes to the NYS Public Health Law. 24 Art. 48
  • 48.01, 48.03,, 48.07, 48.09,
  • 48.11, 48.12, 48.15, 48.17,
  • 48.21, 48.23, 48.25, 48.26 12/26/2019
  • DOHMH
  • Updates child immunization requirements and requires a medical
  • room in schools. 24 Art. 49 49.01 12/26/2019
  • DOT
  • Requires sight-seeing bus operators to apply for on-street bus stop
  • permits from the Department of Transportation. 34 4 4-01, 4-07, 4-10 1/10/2020
  • DOT
  • Amends double parking provisions to help reduce traffic congestion. 34 4 4-08 2/7/2020
  • DOT
  • Establishes a pilot program at five specifically-identified pedestrian
  • plazas that will allow for up to 20% of all seating in the pedestrian
  • plaza. 34 4 4-16 3/16/2020
  • DOT
  • Exempts drivers and vehicles delivering free meals to participants
  • in the temporary emergency food delivery program from parking
  • and standing rules for a period of up to 20 minutes. 34 4 4-08 5/22/2020
  • DPR
  • Establishes procedures and fees for the operation of Dyckman
  • Marina. 56 3
  • 3-01 thru 3-08, 3-10, 3-11, 3-13,
  • 3-14, 3-15, 3-17, 3-18, 3-21,
  • 3-22, 3-23 8/1/2019
  • DSNY
  • Expands organic waste source separation requirements for large
  • commercial food retailers and food service establishments. 16 1 1-11 1/31/2020
  • DSNY
  • Establishes 20 commercial waste zones to improve service delivery
  • and public safety for the trade waste haul industry and its customers. 16 20 2-02 2/14/2020
  • FDNY
  • Regulates the design, installation, operation and maintenance of
  • outdoor battery installations utilizing various types of energy storage technologies, including the new lithium-ion batteries. 3 6 608-01 8/20/2019
  • FDNY
  • Requires distribution of an emergency preparedness/evacuation
  • planning checklist to apartment residents; and posting of “close
  • the door” signs in the lobby and on stairwell doors of apartment
  • buildings. 3 4 401-06 10/11/2019
  • FDNY
  • Implements the requirements of Local Law 187 and prescribes
  • fire safety measures for the use of combustibles in non-tobacco
  • hookah establishments 3 3 310-03 5/27/2020
  • HPD
  • Revises and clarifies many aspects of Mitchell-Lama housing
  • companies, including admissions limitations and priorities, status
  • of shares and other value associated with a vacated apartment,
  • contract review and approval, board of director elections and dissolution and/or reconstitution. 28 3 3-02, 3-07, 3-10, 3-14, 3-16 8/14/2019
  • HPD
  • Removes from consideration for the Speculation Watch List those
  • multiple dwellings that were constructed within the last several
  • years and in which a majority of dwelling units are rent regulated
  • due to Real Property Tax Law Section 421-a(1)-(15) requirements. 28 52 52-01 11/6/2019
  • AGENCY RULEMAKING | Page 421
  • HPD
  • Updates definitions and auditing and exemption processes under
  • the Childhood Lead Poisoning Prevention Act of 2003. 11 28
  • 11-01, 11-06, 11-07, 11-08,
  • 11-11, 11-12, Appendix A,
  • Appendix B 11/8/2019
  • HPD
  • Authorizes the imposition of civil penalties for violations of the
  • prevailing wage requirements and minimum average hourly wage
  • requirements of RPTL § 421-a, and makes technical corrections. 28 50 50-01, 50-04, 50-05, 50-09 1/24/2020
  • HPD
  • Updates the MIH Affordable Housing Fund contribution schedule
  • for the upcoming fiscal year. 28 41 41-24 6/30/2020
  • HRA
  • Revises the rules to facilitate a more accessible and streamlined
  • card renewal process and creates a special IDNYC Card that can be
  • used as a DOE Middle School ID. 68 6 6-01 thru 6-06, 6-08 9/20/2019
  • HRA Sets forth details regarding the Fair Fares program. 68 12 12-01 thru 12-08 12/27/2019
  • HRA
  • Emergency Rule: Authorizies DSS/HRA to make additional payments, in connection with the CityFHEPS program, to landlords
  • of certain units that are subject to a HPD regulatory agreement
  • or similar instrument, where such payments are needed to make
  • up the difference between the CityFHEPS maximum rent and the
  • regulatory rent. 68 10 10-01, 10-03, 10-05 1/30/2020
  • HRA
  • Authorizes DSS/HRA to make additional payments, in connection
  • with the CityFHEPS program, to landlords of certain units that
  • are subject to a HPD regulatory agreement or similar instrument,
  • where such payments are needed to make up the difference between the CityFHEPS maximum rent and the regulatory rent. 68 10 10-09, 10-15 4/29/2020
  • HRA
  • Temporarily increases the maximun burial allowance and the total
  • burial expense cap during the COVID-19 emergency. 68 13 13-01 5/2/2020
  • Loft Board
  • Temporarily amends the service and filing requirements for submissions to the Loft Board to allow for electronic service and filing,
  • and temporarily suspends the requirement to schedule narrative
  • statement conferences within 30 days of receipt of the narrative
  • statement. 29 1, 2
  • 1-06, 1-07, 1-07.1, 2-01, 2-01.1,
  • 2-02, 2-05, 2-07 5/5/2020
  • OATH
  • Repeals the Hazardous Materials Penalty Schedule from the OATH
  • rules. 48 3 3-111 10/29/2019
  • OATH
  • Allows a respondent seeking to file an appeal of an OATH ECB
  • hearing decision to obtain a financial hardship waiver for restitution payments. 48 6 6-19 6/18/2020
  • SBS
  • Creates the Jerome Avenue Relocation Grant Program to help
  • small businesses that will be displaced by the City’s March 22,
  • 2018 rezoning of the Jerome Avenue area in the Bronx. 66 16 16-01 thru 16-09 9/19/2019
  • SBS
  • Continues the program that provides grants to companies that
  • provide school bus transportation. 66 11 11-87,thru 11-93 1/9/2020
  • TLC
  • Amends rules governing the technology systems required to be in
  • taxicabs and street hail liveries. 35
  • 51, 58, 59, 63,
  • 66, 78, 80, 82
  • 51-03, 58-03, 58-15, 58-26,
  • 59B-19, 59B-22, 59-B51, 59B52, 59D-05, 63-15, 66-02, 66-
  • 15, 66-16, 66-17, 66-19, 66-22,
  • 66-23, 66-24, 78-03, 78-05,
  • 78-07, 78-15, 78-17, 78-21, 80-
  • 12, 80-19, 82-16 8/18/2019
  • TLC
  • Amends and adds provisions governing Medallion Broker and
  • Taxicab Agent Licenses to address broker misconduct. 35 58, 62, 63
  • 58-21, 62-03, 62-05, 62-10, 62-
  • 12, 62-13, 62-15, 62-19, 62-20,
  • 62-21, 62-23, 63-07, 63-08, 63-
  • 09, 63-11, 63-12, 63-14, 63-16 2/12/2020
  • TLC
  • Permist taxicab medallion owners who hack-up with an accessible
  • vehicle to use approved vehicle models in addition to the Nissan
  • NV200 Taxi of Tomorrow 35 51, 58, 67 51-03, 58-31, 67-05, 67-10, 2/12/2020
  • Page 422 | MAYOR’S MANAGEMENT REPORT