New York City Council Header
Meeting Name: Committee on Governmental Operations Agenda status: Final
Meeting date/time: 11/19/2015 1:00 PM Minutes status: Final  
Meeting location: Committee Room - City Hall
Jointly with the Committee on Finance
Published agenda: Agenda Agenda Published minutes: Minutes Minutes  
Meeting video:  
Attachments: Attachments for Oversight, Attachments - Int. No. 806-A, Attachments - Int. No. 807, Attachments - Int. No. 810, Attachments - Int. No. 811, Attachments - Int. No. 812
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            Roll call Not available
T2015-3757 *   Oversight - The Department of Finance’s Annual Report on Outstanding Environmental Control Board Judgments.Oversight Hearing Held by Committee  Action details Not available
T2015-3757 *   Oversight - The Department of Finance’s Annual Report on Outstanding Environmental Control Board Judgments.Oversight Filed, by Committee  Action details Not available
Int 0806-2015 *Julissa Ferreras-Copeland Proposed Int. No. 806-AEstablish a temporary program to resolve outstanding penalties imposed by the environmental control board.IntroductionThis bill would authorize the Commissioner of Finance to establish a 90-day, temporary program to resolve outstanding penalties imposed by the Environmental Control Board in Fiscal 2017. With certain conditions, such program would permit those who are subject to judgments as a result of a default decision to resolve those judgments by paying the base penalty and having the default penalty and accrued interest waived. It would also permit, with certain conditions, those who are subject to judgments as a result of a finding by the ECB that they were in violation to resolve those judgments by paying 75 percent of the imposed penalty and having the accrued interest waived. After the conclusion of the temporary program, for any judgment that arose from a default decision that was eligible to be resolved as part of the temporary program, the Department of Finance would not be permitted to resolve such judgment by accepting payment of anything less than half of the default penalty and accrued interest.Hearing Held by Committee  Action details Not available
Int 0806-2015 *Julissa Ferreras-Copeland  Establish a temporary program to resolve outstanding penalties imposed by the environmental control board.IntroductionThis bill would authorize the Commissioner of Finance to establish a 90-day, temporary program to resolve outstanding penalties imposed by the Environmental Control Board in Fiscal 2017. With certain conditions, such program would permit those who are subject to judgments as a result of a default decision to resolve those judgments by paying the base penalty and having the default penalty and accrued interest waived. It would also permit, with certain conditions, those who are subject to judgments as a result of a finding by the ECB that they were in violation to resolve those judgments by paying 75 percent of the imposed penalty and having the accrued interest waived. After the conclusion of the temporary program, for any judgment that arose from a default decision that was eligible to be resolved as part of the temporary program, the Department of Finance would not be permitted to resolve such judgment by accepting payment of anything less than half of the default penalty and accrued interest.Amendment Proposed by Comm  Action details Not available
Int 0806-2015 *Julissa Ferreras-Copeland  Establish a temporary program to resolve outstanding penalties imposed by the environmental control board.IntroductionThis bill would authorize the Commissioner of Finance to establish a 90-day, temporary program to resolve outstanding penalties imposed by the Environmental Control Board in Fiscal 2017. With certain conditions, such program would permit those who are subject to judgments as a result of a default decision to resolve those judgments by paying the base penalty and having the default penalty and accrued interest waived. It would also permit, with certain conditions, those who are subject to judgments as a result of a finding by the ECB that they were in violation to resolve those judgments by paying 75 percent of the imposed penalty and having the accrued interest waived. After the conclusion of the temporary program, for any judgment that arose from a default decision that was eligible to be resolved as part of the temporary program, the Department of Finance would not be permitted to resolve such judgment by accepting payment of anything less than half of the default penalty and accrued interest.Laid Over by Committee  Action details Not available
Int 0807-2015 *Julissa Ferreras-Copeland  Notices of violation adjudicated by the environmental control board and issued generically to the "owner of" a business, organization or premises.IntroductionAgencies that issue notices of violation for referral to the Environmental Control Board (ECB) for adjudication sometimes issue those notices to a generic “owner of” a specified business, organization or premises when the issuing officer does not know the actual name of the respondent. This bill would clarify that the ECB should treat a generic notice in the same manner as if the notice had cited the owner of the specified entity or premises by name. This bill would also require an agency that issues a generic notice to make reasonable efforts to learn the respondent’s name after issuing the notice. Finally, the bill would provide that where a default decision is rendered on a generic notice and the judgment is given to the Department of Finance for collection, the Commissioner of Finance must make reasonable efforts to learn the respondent’s name.Hearing Held by Committee  Action details Not available
Int 0807-2015 *Julissa Ferreras-Copeland  Notices of violation adjudicated by the environmental control board and issued generically to the "owner of" a business, organization or premises.IntroductionAgencies that issue notices of violation for referral to the Environmental Control Board (ECB) for adjudication sometimes issue those notices to a generic “owner of” a specified business, organization or premises when the issuing officer does not know the actual name of the respondent. This bill would clarify that the ECB should treat a generic notice in the same manner as if the notice had cited the owner of the specified entity or premises by name. This bill would also require an agency that issues a generic notice to make reasonable efforts to learn the respondent’s name after issuing the notice. Finally, the bill would provide that where a default decision is rendered on a generic notice and the judgment is given to the Department of Finance for collection, the Commissioner of Finance must make reasonable efforts to learn the respondent’s name.Laid Over by Committee  Action details Not available
Int 0810-2015 *Ben Kallos  Providing for the denial of an application for, or the suspension, termination or revocation of, a license, permit or registration based on unpaid civil penalties imposed by the environmental control board or a tribunal of the office of administrative triIntroductionThis bill would require city agencies that issue notices of violation returnable to the Environmental Control Board (ECB) and that issue licenses, permits or registrations to promulgate rules to implement their authority to deny, suspend, terminate or revoke licenses, permits and registrations based on unpaid civil penalties imposed by ECB. The bill would require such rules to include certain factors for agencies to consider when making the determination to deny, suspend, terminate or revoke, including (1) whether the applicant, licensee, permittee or registrant has other debt owed to the city; (2) the amount of unpaid civil penalties owed; (3) whether the underlying violation is one of a series of violations and the nature of the underlying violation; and (4) whether the unpaid civil penalties were imposed due to a finding of default decision that was then vacated, or whether the applicant, licensee, permittee or registration has made a request to vacate a default and obtain a new hearing. The bill would clarify that such agencies would not be limited to the considerations required by the bill and may consider any additional factors in making a determination. The bill would exempt agencies that have adopted a rule or policy prior to the effective date of the bill that substantially meets the requirements of the bill. The bill would also require agencies to provide an annual report to the Council including the number of applications received; the number denied pursuant to such rules; the number of licenses, permits or registrations suspended, terminated or revoked; and list of the types of licenses, permits or registrations issued by such agency and the time period for which such licenses, permits or registrations are issued.Hearing Held by Committee  Action details Not available
Int 0810-2015 *Ben Kallos  Providing for the denial of an application for, or the suspension, termination or revocation of, a license, permit or registration based on unpaid civil penalties imposed by the environmental control board or a tribunal of the office of administrative triIntroductionThis bill would require city agencies that issue notices of violation returnable to the Environmental Control Board (ECB) and that issue licenses, permits or registrations to promulgate rules to implement their authority to deny, suspend, terminate or revoke licenses, permits and registrations based on unpaid civil penalties imposed by ECB. The bill would require such rules to include certain factors for agencies to consider when making the determination to deny, suspend, terminate or revoke, including (1) whether the applicant, licensee, permittee or registrant has other debt owed to the city; (2) the amount of unpaid civil penalties owed; (3) whether the underlying violation is one of a series of violations and the nature of the underlying violation; and (4) whether the unpaid civil penalties were imposed due to a finding of default decision that was then vacated, or whether the applicant, licensee, permittee or registration has made a request to vacate a default and obtain a new hearing. The bill would clarify that such agencies would not be limited to the considerations required by the bill and may consider any additional factors in making a determination. The bill would exempt agencies that have adopted a rule or policy prior to the effective date of the bill that substantially meets the requirements of the bill. The bill would also require agencies to provide an annual report to the Council including the number of applications received; the number denied pursuant to such rules; the number of licenses, permits or registrations suspended, terminated or revoked; and list of the types of licenses, permits or registrations issued by such agency and the time period for which such licenses, permits or registrations are issued.Laid Over by Committee  Action details Not available
Int 0811-2015 *Ben Kallos  Requiring agencies to amend notices of violations if they are aware of deficiencies therein.IntroductionThis bill would require that, when an agency issues a notice of violation to an individual or entity that does not meet the standard for a valid notice of violation established by the Environmental Control Board or Office of Administrative Tribunals, as applicable, the agency amend the notice of violation if possible. The notice of violation would then be provided to the alleged violator in the same manner as an original notice of violation and a new hearing date would be assigned.Hearing Held by Committee  Action details Not available
Int 0811-2015 *Ben Kallos  Requiring agencies to amend notices of violations if they are aware of deficiencies therein.IntroductionThis bill would require that, when an agency issues a notice of violation to an individual or entity that does not meet the standard for a valid notice of violation established by the Environmental Control Board or Office of Administrative Tribunals, as applicable, the agency amend the notice of violation if possible. The notice of violation would then be provided to the alleged violator in the same manner as an original notice of violation and a new hearing date would be assigned.Laid Over by Committee  Action details Not available
Int 0812-2015 *Ben Kallos  Requiring the inclusion of unique identifiers for buildings and lots in notices of violation adjudicated by the environmental control board.IntroductionThis bill would require city agencies that issue notices of violation that are returnable to the Environmental Control Board for adjudication to, where the alleged violation occurred in or on a building or lot, include the borough, block and lot number and building identification number, as applicable, of the building or lot. Finally, the bill provides that a notice of violation is still enforceable even if it does not include the required identifying information.Hearing Held by Committee  Action details Not available
Int 0812-2015 *Ben Kallos  Requiring the inclusion of unique identifiers for buildings and lots in notices of violation adjudicated by the environmental control board.IntroductionThis bill would require city agencies that issue notices of violation that are returnable to the Environmental Control Board for adjudication to, where the alleged violation occurred in or on a building or lot, include the borough, block and lot number and building identification number, as applicable, of the building or lot. Finally, the bill provides that a notice of violation is still enforceable even if it does not include the required identifying information.Laid Over by Committee  Action details Not available
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