Section 3-120
§ 3-120 Annual city food system metrics report. a. No later than
September first, two thousand twelve, and no later than every September
first thereafter, the office of long-term planning and sustainability
shall prepare and submit to the mayor and the speaker of the city
council a report regarding the production, processing, distribution and
consumption of food in and for the city of New York during the previous
fiscal year. Such report shall include:
1. the number, size in acres, county and type of production of, and
annual dollar amount of city financial support received by, farms
participating in the watershed agricultural program;
2. the total dollar amount of expenditures by the department of
education on milk and other food products that are subject to the United
States department of agriculture country of origin labeling
requirements, disaggregated and sorted by the product and country of
origin in which the essential components of such food products were
grown, agriculturally produced and harvested, to the extent such
information is reported to the department of education. For any such
product where there are multiple countries of origin, the total dollar
amount of expenditures, disaggregated by product, shall be separately
listed, to the extent such information is reported to the department of
education. If the country of origin of milk or fresh whole produce is
the United States, for the report due no later than September first, two
thousand thirteen, and in every report thereafter, and to the extent
such information is reported to the department of education, such report
shall include the total dollar amount of expenditures on such milk or
fresh whole produce that is local or regional. For purposes of this
paragraph, milk or fresh whole produce shall be considered "local" if
grown, agriculturally produced and harvested within New York state, and
shall be considered "regional" if such food products were grown,
agriculturally produced and harvested within the states of Connecticut,
Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey,
Ohio, Pennsylvania, Rhode Island, Vermont, Virginia or West Virginia;
3. the location, sorted by community board and size in square feet, of
each community garden located on city-owned property that is registered
with and licensed by the department of parks and recreation, and whether
each such garden engages in food production;
4. the number of food manufacturers receiving monetary benefits from
the economic development corporation or industrial development agency
and the annual dollar amount of such benefits per food manufacturer. For
purposes of this paragraph, "food manufacturer" shall mean any natural
person, partnership, corporation or other association that processes or
fabricates food products from raw materials for commercial purposes,
provided that it shall not include any establishment engaged solely in
the warehousing, distribution or retail sale of products;
5. the daily number of truck and rail trips to or through Hunts Point
Market for the purpose of delivering food to Hunts Point Market, to the
extent such information is available. For purposes of this paragraph,
"Hunts Point Market" shall mean the food distribution center located in
Hunts Point in the borough of the Bronx, and shall include the meat,
fish and produce markets operating at such location;
6. for the report due no later than September first, two thousand
thirteen, and in every fifth report thereafter, the amount of grocery
store space per capita, sorted by community board, and the number of
grocery stores that opened during the past five calendar years, sorted
by community board, to the extent such information is available. The
office of long-term planning and sustainability shall request such
information, as necessary, from the New York state department of
agriculture and markets;
7. the number, community board, and number of employees, of grocery
stores receiving financial benefits under the food retail expansion to
support health program;
8. the number of establishments participating in the healthy bodega
initiative administered by the department of health and mental hygiene,
sorted by borough;
9. the number of job training programs administered by the department
of small businesses services or the workforce investment board to aid
individuals seeking work in food manufacturing, food supply, food
service or related industries, sorted by borough;
10. the total number of meals served by city agencies or their
contractors, including but not limited to meals served in public
schools, hospitals, senior centers, correctional facilities, and
homeless shelters, and not including food sold in vending machines or by
a concessionaire, sorted by agency;
11. for each required city agency food standard developed pursuant to
executive order number one hundred twenty-two, dated September
nineteenth, two thousand eight, the total number of programs or other
relevant entities that purchase, prepare or serve meals, not including
food sold in vending machines or by a concessionaire, that are in full
compliance with each such standard and the total number that are not in
full compliance with each such standard, sorted by agency;
12. the number of and amount of annual revenue earned from vending
machines located in facilities operated by the department of education;
13. the number of persons sixty-five years or older receiving benefits
through the supplemental nutritional assistance program ("SNAP")
administered by the United States department of agriculture;
14. the number and description of, and dollar amount spent by, the
human resources administration on SNAP outreach programs;
15. the number and description of, and dollar amount spent on,
nutrition education programs administered by the human resources
administration and department of health and mental hygiene;
16. the number of salad bars in public schools and in hospitals
operated by the health and hospitals corporation, respectively, sorted
by borough;
17. the total amount expended by the department of citywide
administrative services to purchase water other than tap water;
18. information concerning the green cart initiative administered by
the department of health and mental hygiene, including the number of
applications for permits, the number of permits issued, the number of
persons on the waiting list, the number of violations issued to green
carts, the location of such carts when such violations were issued and,
to the extent such information is available, the number of permit
holders who accept electronic benefit transfer, sorted by borough;
19. the number of vendors at greenmarkets, farmers' markets and
similar markets operated by the council on the environment of New York
city or any successor entity, and the average number of vendors at such
markets, sorted by borough; and
20. for the report due no later than September first, two thousand
fourteen, and in every report thereafter, contents of the report on food
security as required by subdivision j of section 20 of the charter.
b. Each annual report prepared pursuant to subdivision a of this
section shall be made available to the public at no charge on a website
maintained by or on behalf of the city of New York.
Section 3-121
§ 3-121 Clean waterfront plan. a. For purposes of this section, the
following terms shall have the following meanings:
1. "Director" shall mean the director of long-term planning and
sustainability;
2. "Office" shall mean the office of long-term planning and
sustainability; and
3. "Waterfront dumping" shall mean any violation of subdivision a of
section 16-119 of this code that occurs in or upon any wharf, pier,
dock, bulkhead, slip or waterway or other area, whether publicly or
privately owned, that is adjacent to any wharf, pier, dock, bulkhead,
slip or waterway, and any violation of section 22-112 of this code.
b. The director, in conjunction with the commissioner of environmental
protection, the commissioner of sanitation, the commissioner of small
business services and, where necessary and practicable, the police
commissioner, and the heads of such other agencies as the mayor may
designate, shall prepare a clean waterfront plan to prevent waterfront
dumping, littering on any streets or public places located on waterfront
property, the abandoning of vehicles, vessels and crafts on waterfront
property and the improper handling and storage of merchandise and
materials on wharves, piers, docks and bulkheads. The plan shall
include, but need not be limited to, the following:
1. a determination as to whether the promulgation of rules is
necessary to implement the clean waterfront plan and a description of
the nature of those rules, if any;
2. the creation of an accessible and centralized source of information
consisting of laws, rules and regulations that relate to the clean
waterfront plan;
3. a protocol to coordinate with federal, state, and multi-state
agencies and authorities that have jurisdiction over the port of New
York and waterways in the city of New York in relation to promoting a
clean waterfront;
4. a protocol to coordinate the enforcement of all applicable laws,
rules and regulations that relate to the clean waterfront plan and the
promotion of a clean waterfront by the office, the department of
environmental protection, the department of sanitation, the department
of small business services and, where necessary and practicable, the
police department, and such other agencies as the mayor may designate,
that would include, but need not be limited to, a survey to identify
sites where waterfront dumping occurs or is likely to occur, periodic
inspections of waterfront properties, and the posting of signs to
discourage waterfront dumping, littering and the abandonment of
vehicles, vessels and crafts on waterfront property; and
5. a public education and outreach program to increase awareness about
the clean waterfront plan.
c. The director shall submit the clean waterfront plan to the mayor
and the speaker of the city council on or before January 1, 2013 and
shall post such plan on the city website.
d. 1. The director shall submit a report to the mayor and the speaker
of the city council on or before April 1, 2014 and on or before April 1
of every other year thereafter, which shall include, but need not be
limited to, the following information for the immediately preceding two
calendar years:
(i) the number of complaints received by the city concerning conduct
that constitutes waterfront dumping, littering on any streets or public
places located on waterfront property, the abandoning of vehicles,
vessels and crafts on waterfront property and the improper handling and
storage of merchandise and materials on wharves, piers, docks and
bulkheads;
(ii) the number of summonses and notices of violation, respectively,
issued by each agency for violations of any law, rule or regulation
relating to waterfront dumping, littering on any streets or public
places located on waterfront property, the abandoning of vehicles,
vessels and crafts on waterfront property and the improper handling and
storage of merchandise and materials on wharves, piers, docks and
bulkheads;
(iii) the total amount of civil penalties imposed for such notices of
violation by the environmental control board;
(iv) any changes made to the clean waterfront plan;
(v) a summary of any rules promulgated to implement the clean
waterfront plan; and
(vi) recommendations for appropriate legislation and improved
enforcement with respect to the clean waterfront plan.
2. In the report issued on or before April 1, 2018 the director shall
make a recommendation on the necessity of future reports issued pursuant
to this subdivision.
e. Three months prior to the submission of the plan or a report as
required by subdivisions c and d of this section, respectively, the
director shall make a draft of such plan or report available to the
public for a sixty-day comment period. All comments received during such
period shall be included as an appendix to the plan or report. The
director shall provide notice of such opportunity to comment to any
property owners and/or tenant organizations, manufacturing and
commercial trade groups, community-based organizations, environmental
advocacy organizations and members of the general public that have
formally requested to be notified of such opportunity or other
individuals or organizations that the director deems appropriate.
Section 3-122
§ 3-122 New York city panel on climate change. a. For the purposes of
this section and section 3-123 of this subchapter, the following terms
shall mean:
1. "Vulnerable populations" means persons or communities at increased
risk of harm as a direct or indirect consequence of climate change based
on one or more of the following risk factors: (i) proximity to
disproportionally impacted areas; (ii) age, including senior citizen or
minor status; (iii) income level; (iv) disability; (v) chronic or mental
illness; and (vi) language.
2. "Public health" means impacts on physical health, mental health and
social well-being and public or private services that treat and prevent
disease, prolong life and promote health.
3. "Natural systems" means ecosystems and assets that provide ecologic
benefits, including but not limited to waterbodies, trees, wetlands and
parks.
4. "Critical infrastructure" means systems and assets, with the
exception of residential and commercial buildings, that support vital
city activities and for which the diminished functioning or destruction
of such systems and assets would have a debilitating impact on public
safety and/or economic security.
b. There shall be a New York city panel on climate change whose
members shall serve without compensation from the city. Members shall
include, but not be limited to, climate change and climate impact
scientists who shall be appointed by, and serve at the pleasure of, the
mayor.
c. 1. The panel shall meet at least twice a year for the purpose of
(i) reviewing the most recent scientific data related to climate change
and its potential impacts on the city's communities, vulnerable
populations, public health, natural systems, critical infrastructure,
buildings and economy; and (ii) advising the office of long-term
planning and sustainability and the New York city climate change
adaptation task force established pursuant to section 3-123 of this
subchapter.
2. The panel shall make recommendations regarding (i) the near-,
intermediate and long-term quantitative and qualitative climate change
projections for the city of New York within one year of the release of
an assessment report by the intergovernmental panel on climate change,
but not less than once every three years; and (ii) a framework for
stakeholders to incorporate climate change projections into their
planning processes.
d. The panel shall advise the office of long-term planning and
sustainability on the development of a community- or borough-level
communications strategy intended to ensure that the public is informed
about the findings of the panel, including the creation of a summary of
the climate change projections for dissemination to city residents.
Section 3-123
§ 3-123 New York city climate change adaptation task force. a. There
shall be a New York city climate change adaptation task force consisting
of city, state and federal agencies and private organizations and
entities responsible for developing, maintaining, operating or
overseeing the city's public health, natural systems, critical
infrastructure, buildings and economy. The task force shall be chaired
by the office of long-term planning and sustainability, and shall
include, but need not be limited to, representatives from the department
of buildings, the department of design and construction, department of
city planning, the department of environmental protection, the
department of parks and recreation, the department of sanitation, the
department of transportation, the economic development corporation, the
office of emergency management, the office of management and budget, the
department for the aging and the department of health and mental
hygiene. Public members shall include, but need not be limited to,
representatives from organizations in the health care, communications,
energy and transportation fields, who shall be appointed by, and serve
at the pleasure of, the mayor without compensation from the city. The
mayor shall invite the appropriate federal, state and local agencies and
authorities to participate.
b. 1. The task force shall meet at least twice a year for the purposes
of reviewing the climate change projections as recommended by the New
York city panel on climate change pursuant to section 3-122 of this
subchapter; evaluating the potential impacts to public health and the
delivery of public health services to the city's communities and
vulnerable populations and how such delivery may be affected by climate
change; evaluating the potential impacts to the city's natural systems,
critical infrastructure and buildings and how services provided by such
systems, infrastructure and buildings may be affected by climate change;
identifying the rules, policies and regulations governing public health,
natural systems, critical infrastructure, buildings and economy that may
be affected by climate change; and formulating and updating coordinated
strategies to address the potential impact of climate change on the
city's communities, vulnerable populations, public health, natural
systems, critical infrastructure, buildings and economy.
2. Within one year of the development of recommended climate change
projections pursuant to section 3-122 of this subchapter, the task force
shall create an inventory of potential risks due to climate change to
the city's communities, vulnerable populations, public health, natural
systems, critical infrastructure, buildings and economy; develop
adaptation strategies to address such risks that may include design
guidelines for new infrastructure; and identify issues for further
study. A report with recommendations shall be issued based on this
information and submitted to the mayor and the city council and shall be
made available to the public.
c. The office of long-term planning and sustainability shall develop a
community- or borough-level communications strategy intended to ensure
that the public is informed about the findings of the task force,
including the creation of a summary of the report for dissemination to
city residents. In developing such communications strategy, the director
shall consult with non-governmental and community-based organizations.
Section 3-124.
§ 3-124. Study and report on the effects of wind on certain buildings.
a. The office of long-term planning and sustainability in consultation
with the department of buildings shall undertake a study and submit a
report to the mayor and the speaker of the city council, on the effects
of wind on existing buildings, including existing buildings that are
raised, and buildings that are under construction in the city of New
York. Such report and accompanying recommendations shall be provided no
later than two years from the effective date of the local law that added
this section and shall include the following:
1. An analysis to determine the types of existing buildings that are
at risk of causing falling debris, based on the age, construction
classification, construction methods and materials, height, and
occupancy use of such buildings;
2. An analysis of the effects of wind on existing buildings that are
raised, lifted, elevated or moved in order to comply with Appendix G of
the New York city building code or to address flood hazard concerns;
3. An analysis of the effects of wind on buildings that are under
construction, including the effects of wind on buildings with incomplete
facade assemblies, temporary installations used in construction, and
construction materials that are stored on construction sites;
4. An analysis of forecasts related to potential changes in the
frequency, intensity, and path of future storm events along with
consideration of whether climate change may impact wind speeds; and
5. An examination of the benefits of installing and maintaining
weather stations across the city, including on high-rise buildings, to
better understand localized wind patterns.
b. The report shall include recommendations on paragraphs one through
five of subdivision a of this section as well as recommendations on
whether the applicable wind loads under the city's building code should
be revised; whether standard wind plans for sites in various stages of
construction are needed, including plans regarding equipment and
temporary structures such as cranes, derricks, scaffolds, concrete
formwork and sidewalk bridges; how equipment and temporary structures
such as cranes, derricks, scaffolds, concrete formwork and sidewalk
bridges should be designed and secured in light of wind effects; whether
changes to the building code or department of buildings rules related to
facade work filing and inspection exemptions or safety inspection
requirements are necessary and what wind load requirements should be
applied to existing buildings.
To the extent possible under law, Friends of Devin Balkind for Public Advocate has waived all copyright and related or neighboring rights to New York City Administrative Code. This work is published from: United States.
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