Title 3: Elected officials

Chapter 1: Mayor

Subchapter 1: [No Title]

§ 3-101 Flag of the mayor.

The official flag of the mayor shall be the same in design as the official flag of the city. Upon the middle or white bar, however, and above the design of the seal in a semi-circle, there shall be five blue five-pointed stars, typifying the five boroughs of the city. The dimensions of such flag shall be thirty-three inches by forty-four inches.

§ 3-102 Flags and decorations; city hall park.

All authority to display flags or other decorations on, in or about the public buildings within the city hall park, is vested in the mayor, unless otherwise ordered by the council.

  1. A Prisoner of War/Missing in Action POW/(MIA) flag shall be flown over City Hall every day the American flag is flown until such time as all persons listed as missing in action, from any branch of the United States Armed Forces, and all persons from any branch of our armed forces who are prisoners of war, are accounted for by the United States Government.

§ 3-103 Apprehension and conviction of criminals.

The mayor, whenever he or she shall deem it necessary, may issue a proclamation offering a reward for information which shall lead to the apprehension or apprehension and conviction of any person who may have committed a crime within the city. In such proclamation, the mayor may offer a reward not exceeding five hundred dollars for the apprehension of any such person and not exceeding ten thousand dollars for the apprehension and conviction of any such person, provided, however, that the mayor may offer a reward not exceeding one hundred thousand dollars for the apprehension and conviction of any person found guilty in connection with an act of terrorism involving loss of life or substantial injury to persons or property. Any such reward shall be paid out of the city treasury upon a certificate of the mayor that the service required has been performed. For purposes of this section, “terrorism” means premediatated, politically motivated violence perpetrated against noncombatant targets by subnational groups or clandestine agents.

§ 3-104 Declaration of emergency.

Whenever the mayor determines that there has been an act of violence or a flagrant and substantial defiance of or resistance to a lawful exercise of public authority, and that, partly on account thereof, there is reason to believe that there exists a clear and present danger of a riot or other general public disorder, widespread disobedience of the law, and substantial injury to persons or to property, all of which constitutes a threat to public peace or order and to the general welfare of the city or a part or parts thereof, the mayor may declare that a state of emergency exists within the city or any part of parts thereof.

§ 3-105 Emergency measures.

  1. Whenever the mayor, pursuant to section 3-104, declares that a state of emergency exists, (a) the emergency measures provided in subdivision two of this section shall thereupon be in effect during the period of said emergency and throughout the city and (b) the mayor may order and promulgate all or any of the emergency measures provided in subdivision three of this section, in whole or in part, and with such limitations and conditions as he or she may deem appropriate, and any such emergency measure so ordered and promulgated shall thereupon be in effect during the period of said emergency and in the area or areas for which the emergency has been declared.
    1. The sale or other transfer of possession, with or without consideration, offer to sell or so transfer, and the purchase of any ammunition, guns and other firearms of any size or description is prohibited.

   (b) The displaying by or in any store or shop of any ammunition, guns and other firearms of any size or description is prohibited.

   (c) The possession in a public place of a rifle or shotgun by any person, except a duly authorized law enforcement official or person in military service acting in the official performance of his or her duty, is prohibited.

   (d) The possession of any rifle or shotgun in any place, public or private, by a nonresident who has not been issued a permit by the police commissioner, for the purchase and possession of rifles and shotguns, is prohibited.

    1.    The establishment of curfews, including, but not limited to, the prohibition of or restrictions on pedestrian and vehicular movement, standing and parking, except for the provision of designated essential services such as fire, police and hospital services including the transportation of patients thereto, utility emergency repairs and emergency calls by physicians.

   (b) The prohibition of the sale of any alcoholic beverage.

   (c) The prohibition of the possession on the person in a public place of any portable container containing any alcoholic beverage.

   (d) The closing of places of public assemblage with designated exceptions.

   (e) The prohibition of the sale or other transfer of possession, with or without consideration, of gasoline or any other flammable or combustible liquid altogether or except by delivery into a tank properly affixed to an operable motor-driven vehicle, bike, scooter, boat or airplane and necessary for the propulsion thereof.

   (f) The prohibition of the possession in a public place of any portable container containing gasoline or any other flammable or combustible liquid.

§ 3-106 Filing and publication.

Any state of emergency or emergency measure declared or ordered and promulgated by virtue of the terms of the code shall, as promptly as practicable, be filed in the office of the city clerk and published in the City Record and shall also be delivered to appropriate news media for publication and radio and television broadcast thereby. If practicable, such state of emergency declaration or emergency measure shall also be publicized by other appropriate means such as by posting and loud-speakers.

§ 3-107 Duration and termination of emergency.

A state of emergency established under the code shall commence upon the declaration thereof by the mayor and shall terminate at the end of a period of five consecutive days thereafter, unless prior to the end of such five day period, the mayor shall either terminate such state of emergency or shall declare an additional state of emergency. Any such additional state of emergency shall commence and terminate as provided in section 3-104 and in this section.

§ 3-108 Violations.

Any knowing violation of a provision of any emergency measure established pursuant to this chapter shall be a class B misdemeanor punishable by a fine of not more than five hundred dollars, or by imprisonment for not more than three months, or both.

§ 3-109 Definitions.

For the purposes of this chapter:

  1. “Alcoholic beverage” shall mean an alcoholic beverage as that term is defined by section three of the alcoholic beverage control law but shall not include patented medicine.
  2. “Rifle” and “shotgun” shall mean a rifle and shotgun as those terms are defined by section 10-301 of the code.

§ 3-110 Parking spaces.

  1. Notwithstanding any other provision of law, the mayor, within the appropriation provided therefor, shall have the power to establish parking spaces, pursuant to section seventy-two-j of the general municipal law and assign whatever functions are necessary in connection with the construction, operation and maintenance of such parking spaces to appropriate city departments or agencies.
  2. Any city department or agency to which functions are assigned by the mayor in connection with the operation and maintenance of such parking space may adopt rules and regulations necessary for the carrying out of such functions. Violation of such rules and regulations shall be triable by a judge of the New York city criminal court and punishable by not more than thirty days imprisonment, a fine of not more than fifty dollars, or both.

§ 3-111 [Drug Enforcement and Drug Abuse Task Force.]

  1. Composition.

   (1) The mayor shall appoint a drug enforcement and drug abuse task force which shall be chaired by the criminal justice coordinator and shall consist of, but not be limited to, representatives of the police department; human resources administration; department of health and mental hygiene; department of correction; department of housing preservation and development; department of finance; department of probation; and the criminal justice coordinator.

   (2) The Substance Abuse Task Force shall request that the following agencies or officers send their own representatives to serve on this task force: Health and Hospitals Corporation; Board of Education; the New York County, Kings County, Queens County, Richmond County and Bronx County District Attorney’s offices; and the Special Narcotics Prosecutor.

  1. Report. The Drug Enforcement and Drug Abuse Task Force shall submit an informal quarterly report of its ongoing coordination activities and a formal annual report in September of each year to the Mayor and the Council. Such report shall include any findings and recommendations of the task force.

§ 3-111 Safety program. [Repealed]

*§ 3-113 Notification of status of government services during severe weather conditions or other emergency.** ::
  1. An agency or agencies designated by the mayor shall notify the public of the status of any New York city government services that are suspended or significantly disrupted due to severe weather conditions or other emergency. Such government services shall include, but not be limited to, collection of solid waste, public transportation, on-street parking, and the operation of educational facilities. The notification shall be through any medium that is reasonably expected to reach a substantial proportion of the community or communities impacted by the suspension or disruption of government services, provided that, in addition to notification by any other media, the designated agency or agencies shall maintain a dedicated website on which all information regarding the status of disrupted government services shall be made publicly available.
  2. An agency or agencies designated by the mayor shall evaluate and determine the feasibility of posting information regarding the suspension or significant disruption of services provided by not-for-profit organizations, who contract with the city to provide such services, on the dedicated website established pursuant to this section.

§ 3-113 [Citywide temporary emergency housing and associated services; reports; date.]*

  1. Definitions. For the purposes of this section, the following terms shall have the following meanings:

   (1) “Adult” shall mean an individual 18 years of age or older;

   (2) “Adult families” shall mean families comprised of adults and no children under the age of 18;

   (3) “Children” shall mean individuals under the age of 18;

   (4) “City-administered facilities” shall mean hotels, shelters and other accommodations or associated services, managed by or provided under contract or similar agreement with any city agency, provided to individuals or families who need temporary emergency housing or assistance finding or maintaining stable housing;

   (5) “DHS” shall mean the department of homeless services;

   (6) “DHS-administered facilities” shall mean city-administered facilities managed directly by DHS or by a provider under contract or similar agreement with DHS;

   (7) “DHS drop-in centers” shall mean city-administered facilities that provide single adults with hot meals, showers, laundry facilities, clothing, medical care, recreational space, employment referrals and/or housing placement services, but not overnight housing;

   (8) “DHS faith-based beds” shall mean city-administered facilities that provide overnight housing to individuals, are affiliated with one or more religious groups and receive client referrals through organizations under contract with DHS;

   (9) “DHS safe havens” shall mean city-administered facilities that provide low-threshold, harm-reduction housing to chronic street homeless individuals, who are referred to such facilities through a DHS outreach program, without the obligation of entering into other supportive and rehabilitative services in order to reduce barriers to temporary housing;

   (10) “DHS stabilization beds” shall mean city-administered facilities that provide a short-term housing option for a chronic street homeless individual while such individual works with his/her outreach team to locate a more permanent housing option;

   (11) “DHS veterans shelters” shall mean city-administered facilities that provide short-term housing for people who actively served in the United States military;

   (12) “DYCD” shall mean the department of youth and community development;

   (13) “DYCD-administered crisis shelters” shall mean city-administered facilities that provide short-term emergency housing for runaway and homeless youth and are managed by a provider under contract or similar agreement with DYCD;

   (14) “DYCD-administered drop-in centers” shall mean city-administered facilities that provide runaway and homeless youth and their families with services, counseling and referrals from trained youth workers;

   (15) “DYCD-administered facilities” shall mean city-administered facilities managed by a provider under contract or similar agreement with DYCD;

   (16) “DYCD-administered transitional independent living facilities” shall mean city-administered facilities that provide long-term residential services to runaway and homeless youth for up to 18 months and are managed by a provider under contract or similar agreement with DYCD;

   (17) “Families with children” shall mean families with children under the age of 18, couples including at least one pregnant woman, single pregnant women, or parents or grandparents with a pregnant individual;

   (18) “HPD” shall mean the department of housing preservation and development;

   (19) “HPD-administered facilities” shall mean city-administered facilities managed by a provider under contract or similar agreement with HPD;

   (20) “HPD emergency facilities” shall mean shelters providing emergency shelter managed by a provider under contract or similar agreement with HPD;

   (21) “HPD emergency hotels” shall mean hotels providing emergency shelter to individuals or families displaced from their homes managed by a provider under contract or similar agreement with HPD;

   (22) “HRA” shall mean the human resources administration;

   (23) “HRA-administered facilities” shall mean city-administered facilities managed directly by HRA or by a provider under contract or similar agreement with HRA, excluding non-emergency supportive housing;

   (24) “HRA domestic violence shelters” shall mean shelters for victims of domestic violence managed directly by HRA or by a provider under contract or similar agreement with HRA;

   (25) “HRA HASA emergency housing” shall mean single room occupancy hotels managed by a provider under contract or similar agreement with HRA to provide emergency shelter for recipients of services from the HIV/AIDS Services Administration;

   (26) “HRA HASA transitional housing” shall mean congregate facilities managed by a provider under contract or similar agreement with HRA to provide emergency shelter for recipients of services from the HIV/AIDS Services Administration; and

   (27) “Unduplicated” shall mean counted only once within the reporting period.

  1. Reports of citywide utilization data. The mayor’s office of operations shall create a portal on the NYCStat page of the city’s website, or any successor pages of such website that are substantially similar in form and function, in order to publish citywide data regarding the utilization of city-administered facilities. Commencing on November 1, 2011, and no later than the first day of each month thereafter, the mayor’s office of operations shall for each month, calendar year and fiscal year publish via such portal the:

   (1) average daily overnight census for each of the following categories:

      A. DHS drop-in centers, disaggregated by single men, single women and total single adults; and

      B. DHS faith-based facilities, disaggregated by single men, single women and total single adults.

   (2) average daily overnight census; and

   (3) number of unduplicated persons or families utilizing city-administered facilities for each of the following categories:

      A. [Reserved.]

      B. [Reserved.]

      C. all DHS-administered facilities, disaggregated by families with children, adult families, total families, total adults in families, total children, single men, single women and total single adults;

      D. DHS safe havens, disaggregated by single men, single women and total single adults;

      E. DHS stabilization beds, disaggregated by single men, single women and total single adults;

      F. DHS veterans shelters, disaggregated by single men, single women and total single adults;

      G. HPD-administered facilities, disaggregated by families with children, adult families, total families, total adults in families, total children, single men, single women and total single adults;

      H. HPD emergency facilities, disaggregated by families with children, adult families, total families, total adults in families, total children, single men, single women and total single adults;

      I. HPD emergency hotels, disaggregated by families with children, adult families, total families, total adults in families, total children, single men, single women and total single adults;

      J. HRA-administered facilities, disaggregated by families with children, adult families, total families, total adults in families, total children, single men, single women and total single adults;

      K. HRA domestic violence shelters, disaggregated by families with children, adult families, total families, total adults in families, total children, single men, single women and total single adults;

      L. HRA HASA emergency housing, disaggregated by families with children, adult families, total families, total adults in families, total children, single men, single women and total single adults;

      M. HRA HASA transitional housing, disaggregated by families with children, adult families, total families, total adults in families, total children, single men, single women and total single adults; and

      N. all city-administered facilities, excluding DYCD-administered facilities, disaggregated by families with children, adult families, total families, total adults in families, total children, single men, single women and total single adults.

   (4) average monthly utilization rates; and

   (5) number of unduplicated persons or families utilizing city-administered facilities for each of the following categories:

      A. DYCD-administered facilities, disaggregated by families with children, adult families, total families, total adults in families, total children, single men, single women and total single adults;

      B. DYCD-administered crisis shelters, disaggregated by families with children, adult families, total families, total adults in families, total children, single men, single women and total single adults;

      C. DYCD- administered drop-in centers, disaggregated by families with children, adult families, total families, total adults in families, total children, single men, single women and total single adults; and

      D. DYCD-administered transitional independent living facilities, disaggregated by families with children, adult families, total families, total adults in families, total children, single men, single women and total single adults.

   (6) the number of individuals who are on wait-lists for DYCD-administered facilities, to the extent such wait-lists exist, disaggregated by:

      A. type of DYCD-administered facility; and

      B. families with children, adult families, total families, single men, single women, and total single adults.

   (7) the average length of stay disaggregated by:

      A. families with children, adult families, total families, single men, single women, and total single adults;

      B. type of DHS-administered facility, excluding DHS drop-in centers and DHS faith-based beds;

      C. type of DYCD-administered facility, excluding DYCD-administered drop-in centers;

      D. type of HPD-administered facility; and

      E. type of HRA-administered facility.

   (8) the total number of facilities, disaggregated by DHS-administered facilities and facilities not administered by DHS.

  1. Application and entrance data. Commencing on November 1, 2011, and no later than the first day of each month thereafter, the mayor’s office of operations shall for each month, calendar year and fiscal year publish in the same location on the NYCStat website as the data posted pursuant to subdivision b of this section, the following data for those seeking admission and entrance to DHS-administered facilities:

   (1) the total number of:

      A. applications;

      B. unduplicated applicants;

      C. applicants found eligible for shelter;

      D. entrants to DHS administered facilities; and

      E. unduplicated entrants to DHS-administered facilities. The data required by subparagraphs A, B, C, D and E of this paragraph shall be disaggregated by families with children, adult families, total families, single men, single women, and total single adults;

   (2) the number of families with children found eligible for city-administered facilities;

   (3) the percentage of eligible families with children who submitted one application;

   (4) the percentage of eligible families with children who submitted two applications;

   (5) the percentage of eligible families with children who submitted three applications;

   (6) the percentage of eligible families with children who submitted four applications;

   (7) the percentage of eligible families with children who submitted five applications;

   (8) the percentage of eligible families with children who submitted six applications or more;

   (9) the number of adult families found eligible for city-administered facilities;

   (10) the percentage of eligible adult families who submitted one application;

   (11) the percentage of eligible adult families who submitted two applications;

   (12) the percentage of eligible adult families who submitted three applications;

   (13) the percentage of eligible adult families who submitted four applications;

   (14) the percentage of eligible adult families who submitted five applications; and

   (15) the percentage of eligible adult families who submitted six applications or more.

  1. The data required to be published in subdivisions b and c above shall be published electronically on the portal specified in subdivision b in a commonly available non-proprietary database format that is suitable for analysis.

§ 3-113 Posting of executive orders and memoranda of understanding on the city’s website.*

    1. All mayoral executive orders issued on or after January 1, 1974 shall be posted on the city’s website.

   (2) All mayoral executive orders issued on or after July 1, 2011 shall be provided to the council and posted on the city’s website within five business days from the date of execution.

    1. All memoranda of understanding or similar agreements entered into between city agencies that materially affect the rights of or procedures available to the public and could not be withheld from disclosure under article six of the public officers law shall be posted on the city’s website within thirty days after taking effect and thereafter during the period that they are in effect, unless their disclosure would impair law enforcement or emergency response operations.

   (2) All memoranda of understanding or similar agreements entered into between city agencies and non-city governmental agencies that materially affect the rights of or procedures available to the public and could not be withheld from disclosure under article six of the public officers law shall be posted on the city’s website within thirty days after taking effect and thereafter during the period that they are in effect, unless their disclosure would impair the ability of the city to enter into such memoranda or agreements with such non-city agencies or impair law enforcement or emergency response operations.

   (3) The posting requirements set forth in this subdivision shall not apply if posting could reasonably result in material adverse consequences for city agency operations.

  1. Where the length of a memorandum of understanding or similar agreement is excessive, an agency may comply with this subdivision by posting an excerpt and a brief summary of such memorandum or agreement on the city’s website, provided that the full version of such memorandum of understanding or similar agreement shall be made available upon request at no charge.
  2. The documents posted in accordance with this section shall be made available to the public on the city’s website at no charge.
  3. This section shall not be construed to create a private right of action to enforce its provisions. Failure to comply with this section shall not result in the invalidation of any mayoral executive order, memorandum of understanding or similar agreement, or action taken pursuant to such order or memorandum of understanding or similar agreement.

§ 3-114 Agency liaisons.

  1. The chief business operations officer, or other representative of the office of the mayor designated by the mayor, shall ensure that each relevant agency designates an employee or employees to serve as agency liaison(s) to such agency’s regulated community or communities, including but not limited to relevant chambers of commerce and industry groups. Each liaison shall report to the chief business operations officer, or other representative of the office of the mayor designated by the mayor. Each liaison shall, to the extent practicable, meet regularly with such liaison’s agency’s regulated community or communities. For purposes of this subdivision, relevant agencies shall include the department of buildings, the department of consumer affairs, the department of health and mental hygiene, the department of environmental protection, the department of sanitation, and the fire department.
  2. No later than July 1, 2013, and no later than every July 1 thereafter, the chief business operations officer, or other representative of the office of the mayor designated by the mayor, shall provide to the mayor and the speaker of the council a listing of the name and contact information of designated agency liaisons.

§ 3-115 New York city identity card.

  1. Definitions.

    “Administering Agency” shall mean the agency that the mayor designates to administer the New York city identity card program.

   “New York city identity card” shall mean an identification card issued by the city of New York pursuant to subdivision b of this section.

   “Resident” shall mean person who can establish that he or she is a current resident of the city of New York pursuant to paragraph two of subdivision d of this section.

  1. New York city identity card program.

   (1) The mayor shall designate an agency to administer the New York city identity card program. The administering agency shall promulgate all rules necessary to effectuate the purposes of this subchapter.

   (2) The administering agency shall designate access sites, including at least one site located within each of the five boroughs of the city of New York, where applications for such card shall be made available for pick-up and submission. The administering agency shall also make applications available online.

  1. Issuance of New York city identity cards.

   (1) The New York city identity card shall display, at a minimum, the cardholder’s photograph, name, date of birth, address, and an expiration date, provided that the administering agency may by rule establish procedures to protect the addresses of victims of domestic violence or alternate requirements for applicants who lack a permanent address. Such card shall also, at the cardholder’s option, display the cardholder’s self-designated gender. Such identification card shall be designed in a manner to deter fraud.

   (2) The New York city identity card shall be available to any resident of the city of New York, provided that such resident is able to meet the requirements for establishing his or her identity and residency set forth in subdivision d of this section and rules adopted by the administering agency pursuant to this section, including rules establishing a minimum age requirement for eligibility for the city identity card and any restrictions the administering agency deems appropriate for the protection of minors.

   (3) The administering agency may establish a reasonable fee for applications for a New York city identity card, and if such a fee is established, shall adopt rules permitting residents who cannot afford to pay such fee to receive a full or partial waiver.

  1. New York city identity card eligibility. In order to obtain a New York city identity card an applicant must establish proof of identity and proof of residency within the city as follows:

   (1) Proof of identity. In order to establish identity, an applicant shall be required to produce one or more of the following documents:

      (i) a U.S. or foreign passport;

      (ii) a U.S. state driver’s license;

      (iii) a U.S. state identification card;

      (iv) a U.S. permanent resident card;

      (v) a consular identification card;

      (vi) a photo identification card with name, address, date of birth, and expiration date issued by another country to its citizens or nationals as an alternative to a passport for re-entry to the issuing country;

      (vii) a certified copy of U.S. or foreign birth certificate;

      (viii) a Social Security card;

      (ix) a national identification card with photo, name, address, date of birth, and expiration date;

      (x) a foreign driver’s license;

      (xi) a U.S. or foreign military identification card;

      (xii) a current visa issued by a government agency;

      (xiii) a U.S. individual taxpayer identification number (ITIN) authorization letter;

      (xiv) an electronic benefit transfer (EBT) card; or

      (xv) any other documentation that the administering agency deems acceptable. The administering agency may by rule determine the weight to be given to each type of document provided in this paragraph, and require that an applicant produce more than one document to establish identity.

   (2) Proof of residency. In order to establish residency, an applicant shall be required to produce one or more of the following items each of which must show the applicant’s name and residential address located within the city and must be dated no more than sixty days prior to the date such document is presented, except as otherwise indicated in this paragraph:

      (i) a utility bill;

      (ii) a current residential property lease;

      (iii) a local property tax statement dated within one year of the date it is submitted;

      (iv) a local real property mortgage payment receipt;

      (v) a bank account statement;

      (vi) proof that the applicant has a minor child currently enrolled in a school located within the city;

      (vii) an employment pay stub;

      (viii) a jury summons or court order issued by a federal or state court;

      (ix) a federal or state income tax or refund statement dated within one year of the date it is submitted;

      (x) an insurance bill (homeowner, renter, health, life, or automobile insurance);

      (xi) written verification issued by a homeless shelter that receives city funding confirming at least fifteen days residency;

      (xii) written verification issued by a hospital, health clinic or social services agency located within the city of New York confirming at least fifteen days residency; or

      (xiii) Any other documentation that the administering agency deems acceptable.

      (xiv) The administering agency may by rule determine the weight to be given to each type of document provided in this paragraph, and require that an applicant produce more than one document to establish residency. The administering agency shall by rule create alternative methods by which individuals who are homeless can establish residency in the city notwithstanding the lack of fixed address.

  1. Confidentiality of New York city identity card eligibility information.

   (1) Once every quarter the city shall destroy copies of records provided by applicants to prove identity or residency for a New York city identity card that have been retained more than two years, except where such records are required by law to be preserved as evidence for purposes of litigation.

   (2) On or before December 31, 2016, the administering agency shall review data collected in the report described in subdivision h of this section and make a determination regarding the continuing need to retain records pursuant to paragraph one of this subdivision in order to effectively administer the New York city identity card program and shall make any appropriate modifications to the policy for retention of records related to the New York city identity card program.

   (3) In the event that:

      (i) the administering agency fails to make a determination on or before December 31, 2016 pursuant to paragraph (2) of this subdivision, or

      (ii) the administering agency determines that records retention is no longer necessary, then the city shall not retain originals or copies of records provided by an applicant to prove identity or residency for a New York city identity card for longer than the time needed to review the application, and any such records in the city’s possession prior to such date shall be destroyed on or before December 31, 2016 or, in the case of an application pending on such date, as soon as practicable after a final determination has been made regarding the application. Nothing in this paragraph shall be construed to prevent the city from retaining records where such records are required by law to be preserved as evidence for purposes of litigation.

   (4) To the maximum extent allowed by applicable federal and state law, information collected about applicants for the card shall be treated as confidential and may only be disclosed if:

      (i) Authorized in writing by the individual to whom such information pertains, or if such individual is a minor or is otherwise not legally competent, by such individual’s parent or legal guardian;

      (ii) So ordered by a court of competent jurisdiction;

      (iii) To a requesting city agency for the limited purpose of administering the New York city identity card program or determining or facilitating the applicant’s eligibility for additional benefits, services, and care, provided that such disclosure is made in accordance with all applicable federal and state privacy laws and regulations, and subject to the further requirement that such information shall not be redisclosed to any other governmental agency or entity, or third party; or

      (iv) To a law enforcement agency that serves the administering agency a judicial subpoena or judicial warrant.

   (5) The city shall not indicate on the application forms used to apply for a New York city identity card the type of records provided by an applicant to establish residency or identity.

  1. Access to services.

   (1) All city agencies shall accept such card as proof of identity and residency for access to city services unless (i) such acceptance is prohibited by federal or state law, (ii) additional documentation is required to obtain the benefits of a federal or state program, or (iii) the agency has reasonable grounds to believe that the card is counterfeit, altered, or improperly issued, or the individual presenting the card is not the individual to whom the card was issued.

   (2) The city shall seek to encourage eligible persons to apply for the card and expand the benefits associated with the card, including, at a minimum, by promoting acceptance of the card by banks and other public and private institutions.

   (3) City agencies shall not require the possession of a New York city identity card where identification is not already required to obtain city services, provided, however that agencies may require the possession of a New York city identity card to obtain benefits or privileges offered exclusively to those who possess a New York city identity card as an incentive to apply for a New York city identity card.

  1. Language assistance services. The administering agency, in consultation with the mayor’s office of immigrant affairs, shall identify and implement measures, including but not limited to staff training, community outreach, and language assistance tools, to address the needs of limited English proficient individuals in the administration of the New York city identity card program.
  2. Reporting. The administering agency shall prepare and submit to the mayor and the speaker of the city council a report on the New York city identity card program that includes the following information:

   (1) the number of applications received by the city for the New York city identity card disaggregated by applicant borough of residency;

   (2) the number of New York city identity cards issued;

   (3) the number of New York city identity cards issued to minors;

   (4) the number of requests made by city agencies for information collected about applicants for the New York city identity card disaggregated by requesting agency;

   (5) the number of times the administering agency shared documents submitted by applicants to establish eligibility for the New York city identity card with other city agencies disaggregated by agency;

   (6) the number of denials made to requesting agencies for information collected about applicants for the New York city identity card;

   (7) the number of New York city identity card applicants whose information was disclosed to law enforcement, disaggregated by whether such disclosure was pursuant to a judicial warrant or judicial subpoena;

   (8) the number of occurrences of fraud or other criminal activity related to issuance of the New York city identity card;

   (9) the city’s efforts to conduct outreach to prospective applicants relating to the New York city identity card program;

   (10) the city’s efforts to promote acceptance of the New York city identity card by banks and other public and private institutions;

   (11) the types of services, other than city services, for which the New York city identity card is permitted as acceptable proof of identity and residency; and

   (12) any other metric the administering agency deems appropriate, including but not limited to additional measures of fraudulent or other criminal activity related to the New York city identity card program. Such report shall be submitted on March 31, 2015 and every three months thereafter.

§ 3-116 Veterans receiving certain city services.

  1. For the purposes of this section, the following terms shall have the following meanings:

   (1) “Fee-exempt mobile food vending license” means any license as required by section 17-307 of this code for which the annual fee is waived pursuant to subdivision e of section 17-308 of this code;

   (2) “Food vending permit” means any permit as required by section 17-307 of this code;

   (3) “General vending license” means a license as required by section 20-453 of this code;

   (4) “HUD-VASH voucher” means any voucher funded by the United States department of housing and urban development and United States department of veterans affairs supportive housing program;

   (5) “Mitchell-Lama housing” means any housing development organized pursuant to article two of the private housing finance law that is supervised by the department of housing preservation and development;

   (6) “Veteran” means a person who has served in the active military service of the United States and who has been released from such service otherwise than by dishonorable discharge.

  1. The mayor’s office of operations shall report in writing to the director of the office of veterans’ affairs, the veterans’ advisory board, and the council the following data for the prior calendar year, to the extent practicable, disaggregated by borough: (1) the total number of Mitchell-Lama housing applications received from veterans or their surviving spouses who have identified themselves as the head of household on such applications; (2) the total number of Mitchell-Lama housing applications approved by the department of housing preservation and development for veterans or their surviving spouses who have identified themselves as the head of household on such application; (3) the total number of fee-exempt mobile food vending licenses and food vending permits issued by the department of health and mental hygiene to veterans, (4) the number of general vending licenses issued by the department of consumer affairs to veterans; (5) the total number of veterans who submitted an application to the department of consumer affairs for a general vending license; (6) the total number of veterans residing in the city who utilized a HUD-VASH voucher; and (7) the total number of civil service examination applications received by the department of citywide administrative services for which the applicant claimed a veterans credit as provided for in section 85 of the civil service law.
  2. Such data may be included as part of the management report provided for in section 12 of the charter, or may be issued as an independent report of the mayor’s office of operations, with such independent report being due no later than October 15th of each year.

§ 3-117 Annual reporting on bail and the criminal justice system.*

  1. For the purposes of this section, the following terms have the following meanings:

   Homeless youth. The term “homeless youth” means persons under the age of 21 who are in need of services and are without a place of shelter where supervision and care are available.

   Runaway youth. The term “runaway youth” means persons under the age of 18 years who are absent from their legal residence without the consent of their parent, legal guardian or custodian.

   Sexually exploited youth. The term “sexually exploited youth” means persons under the age of 18 who have been subject to sexual exploitation because they (a) are the victim of the crime of sex trafficking as defined in section 230.34 of the penal law; (b) engage in any act as defined in section 230.00 of the penal law; (c) are a victim of the crime of compelling prostitution as defined in section 230.33 of the penal law; (d) are a victim of the crime of sex trafficking of a child as defined in section 230.34-a of the penal law; or (e) engage in acts or conduct described in article 263 or section 240.37 of the penal law. The term shall also mean persons under the age of 18 who have been subject to incest in the third degree, second degree or first degree, as defined in sections 255.25, 255.26, and 255.27 of the penal law, respectively, or any of the sex offenses enumerated in article 130 of the penal law.

  1. There shall be established a training coordinator, to be located in an agency designated by the mayor, who shall provide coordination, direction and guidance with respect to the provision of annual trainings to individuals whose positions involve regular contact with youth, focusing on best practices for identifying runaway, homeless or sexually exploited youth, and for connecting such youth to appropriate services. Such training shall be provided to the employees of the administration for children’s services, the department of parks and recreation, the department of homeless services, and the human resources administration/department of social services.
  2. The coordinator shall work with each agency identified in subdivision b of this section to identify employees whose job qualifications make them best suited for such training. The coordinator shall also be responsible for outreach efforts to other entities, including but not limited to the department of education, police department, the department of probation, health clinics, libraries, and hospitals, including emergency rooms, to encourage them to consider whether trainings similar to the ones described in this section would be appropriate for their personnel.
  3. As a condition of the contract with any of the agencies identified in subdivision b of this section, contractors and service providers shall provide to their employees whose positions involve regular contact with youth the training described in this section, and shall certify to the city agency responsible for such contract that such training has been conducted.
  4. The trainings required by this section shall be conducted in person, or through a web-based system capable of accepting, transmitting and displaying messages between a trainee and either a trainer or a provider entity, for the purpose of allowing question and answer upon receipt, or both, or through another platform or application that has been developed for such purposes.

§ 3-119 Modification or removal of deed restrictions.

  1. Definitions. For the purposes of this section, the term “deed restriction” means a covenant set forth in a deed, lease that is for a term of 49 years or longer, or easement that limits the use of property located within the city and is imposed by the city when such property is sold or otherwise disposed of by the city.
  2. Approval.

   1. The department of citywide administrative services shall not modify or remove any deed restriction without the approval of the mayor pursuant to this section.

   2. The department of housing preservation and development shall not modify or remove any deed restriction without the approval of the mayor or the deputy mayor for housing and economic development or the official occupying any successor position, or his or her designee.

  1. Committee.

   1. There shall be a committee to review preliminary recommendations by the department of citywide administrative services to modify or remove deed restrictions. The committee shall consist of four members, who shall be:

      i. the first deputy mayor or the official occupying any successor position, or their designee;

      ii. the deputy mayor for housing and economic development or the official occupying any successor position, or their designee;

      iii. the corporation counsel, or their designee; and

      iv. the director of the office of management and budget, or their designee.

   2. Such committee shall review the preliminary recommendation and accompanying materials submitted by the department of citywide administrative services and determine whether to approve such recommendation. In reaching such determination, the committee shall consider whether approval furthers the best interests of the city, pursuant to the factors set forth in subdivision a of section 25-802.

   3. (a) The committee shall issue a written determination of its approval or denial of the department of citywide administrative services’ preliminary recommendation, including the committee’s determination to approve or modify the consideration amount required, if any, for the modification or removal of the deed restriction, as proposed by the department, and the reasons for reaching such determinations. Any modification of the consideration amount by the committee shall be based on the appraisals provided by the department and in accordance with the calculation method developed by the department pursuant to subdivision b of section 25-804.

      (b) Within three business days of reaching such a determination, the committee shall post online and send notice of such determination by mail and electronic mail to the department of citywide administrative services, community board for the community district in which the property is located, council member representing the council district in which the property is located, and borough president representing the borough in which the property is located.

      (c) The committee may modify its determination in the event that updated appraisals are provided to the committee after the department submits its preliminary recommendation.

  1. Mayoral approval.

   1. Following the receipt of the department of citywide administrative services’ final written recommendation for approval of a request to modify or remove a deed restriction submitted pursuant to section 25-805, the mayor, or the mayor’s designee, shall approve or deny such request. Such request shall only be approved upon a determination by the mayor that the proposed modification or removal is appropriate and furthers the best interests of the city.

   2. Within three business days of reaching a determination of approval or denial of such request, the mayor shall post notice of such determination online and send notice of such determination by mail and electronic mail to the department of citywide administrative services, community board for the community district in which the property is located, council member representing the council district in which the property is located, and borough president representing the borough in which the property is located.

  1. Database of properties.*

   1. The mayor or an agency or officer designated by the mayor shall maintain a searchable electronic database of all real property upon which a deed restriction was imposed on or after 1966 by the department of citywide administrative services and all requests for modification or removal of such deed restrictions made pursuant to the procedures set forth in chapter 8 of title 25. Data shall be added to such database as set forth in paragraph 2 of this subdivision and updates to such data shall be made not less than 30 days following any change to such data. Such database shall be posted on the city’s website, shall have the ability to produce reports by query, and shall be published to the city’s open data portal in a non-proprietary format that permits automated processing and shall include, but not be limited to, the following information:

      i. The location of the property including the borough, community board district, block and lot number, and any commonly known name;

      ii. The name and address of the person or entity to whom the property was disposed;

      iii. A description of all restrictions contained in the deed to the property;

      iv. A copy of or electronic link to the deed, lease that is for a term of 49 years or longer, or easement containing such restriction;

      v. Information on requests for the modification or removal of a deed restriction made pursuant to the procedures set forth in chapter 8 of title 25, including, but not limited to, all information required to be posted online by the department for citywide administrative services pursuant to such section; and

      vi. Any other information deemed relevant by the mayor or the agency or officer designated by the mayor to maintain such database.

   2. Such database shall contain all real property upon which a deed restriction was imposed by the department of citywide administrative services on or after January 1, 2006. No later than one year following the effective date of this local law, such database shall contain all real property upon which a deed restriction was imposed by the department of citywide administrative services on or after January 1, 1996. No later than two years following the effective date of this local law, such database shall contain all real property upon which a deed restriction was imposed by the department of citywide administrative services on or after January 1, 1986. No later than three years following the effective date of this local law, such database shall contain all real property upon which a deed restriction was imposed by the department of citywide administrative services on or after January 1, 1976. No later than four years following the effective date of this local law, such database shall contain all real property upon which a deed restriction was imposed by the department of citywide administrative services on or after January 1, 1966.

  • Editor’s note: Section 3 of L.L. 2016/175 provides: “This local law takes effect immediately, except that subdivision e of section 3-119 of the administrative code of the city of New York, as added by section two of this local law, takes effect one year after it becomes law; provided, however, that the department of citywide administrative services and the mayor or agency or officer designated by the mayor as set forth in section two of this local law may take all actions necessary for the implementation of this local law, including the promulgation of rules, prior to such effective date.”

§ 3-119.1 Citywide census of vacant properties.

  1. The mayor, or an agency designated by the mayor, shall analyze data provided under subdivisions b and c of this section to provide an estimate of the number of vacant residential buildings and vacant lots located in areas zoned to permit residential use. Such analysis need not be conducted with regard to vacant buildings or vacant lots located in coastal flood zones designated by the federal emergency management agency or other coastal flood zones designated or recognized by the city. The first such analysis shall be initiated no later than 90 days after the effective date of the local law that added this section and shall be completed within three years thereafter. A new vacancy analysis shall be conducted every five years thereafter.
  2. The departments of housing preservation and development, environmental protection, buildings and sanitation and the fire department, and any other agency upon request of the mayor or such designated agency, shall provide to the mayor or such designated agency such records as may be provided lawfully concerning the physical condition of and services provided to any building or parcel of land within the city in order to aid the mayor or such designated agency in determining whether any building or lot is vacant.
  3. The mayor or such designated agency shall compile a list of the potentially vacant buildings and potentially vacant lots disclosed as a result of such analysis. Sources of information relating to buildings and lots shall include, but need not be limited to, records of the department of housing preservation and development, the department of finance and the department of buildings, and each agency shall provide to the mayor or such designated agency such information as shall be requested and that may be provided lawfully.

§ 3-119.2 Annual reporting on workplace sexual harassment.

  1. Definitions. For purposes of this section, the following terms have the following meanings:

   Agency. The term “agency” has the same meaning as such term is defined in section 1150 of the charter and shall include the offices of the borough presidents, the comptroller and the public advocate.

   Department. The term “department” means the department of citywide administrative services.

   Reporting individual. The term “reporting individual” means a city job or internship applicant, or a current or former employee, intern, independent contractor or volunteer who brings forth a report of workplace sexual harassment.

   Respondent. The term “respondent” means a city job or internship applicant, or a current or former employee, intern, independent contractor or volunteer accused of workplace sexual harassment who has entered into the agency’s official complaint process.

  1. Each agency shall report to the department complaints of workplace sexual harassment annually. The department shall annually compile complaints of workplace sexual harassment within each agency for the preceding fiscal year and shall annually submit by December 31 to the mayor, the council and commission on human rights, which shall post it on its website, a report containing the following information:

   1. The number of such complaints that were filed;

   2. Of those complaints in paragraph 1 of this subdivision, the number of complaints resolved;

   3. Of those complaints in paragraph 2 of this subdivision, the number of complaints substantiated;

   4. Of those complaints in paragraph 2 of this subdivision, the number of complaints not substantiated; and

   5. The number of complaints in the agency’s official discrimination claim process that were closed because the complaint was withdrawn by the reporting individual prior to a final determination.

  1. The information required pursuant to subdivision b of this section shall be disaggregated by agency, except that agencies with 10 employees or less shall be aggregated together.
  2. No report required pursuant to subdivision b of this section shall contain personally identifiable information. If any category requested contains between 0 and 5 incidents of sexual harassment claims, the number shall be replaced with a symbol.

§ 3-120 Study on notification of public assistance eligibility.*

  1. Definitions. For the purposes of this section, the following terms have the following meanings:

   Notice. The term “notice” means a written communication sent through the mail or by electronic means.

   Public assistance. The term “public assistance” means all forms of public benefits provided by the federal government, state of New York, or city of New York for which an individual may apply through the city including but not limited to: cash assistance; the home energy assistance program; medicaid; rent increase exemptions; child care subsidies; and the supplemental nutrition assistance program.

   Renewal. The term “renewal” means the automatic or affirmative act of recertifying or re-applying for public assistance, as may be required on a periodic basis, for an individual already receiving such public assistance.

   City administrative data. The term “administrative data” means data, including but not limited to individually identifiable data, that is maintained in databases managed by the city of New York, including but not limited to those maintained by the department of social services, the department of finance, the administration for children’s services, the department of small business services and the department of housing preservation and development.

   Office. The term “office” means the office of operations established pursuant to section 15 of the charter or any other office or agency designated by the mayor.

  1. By December 31, 2018, the office, in collaboration with relevant agencies, shall complete a study regarding the feasibility and cost to the city of utilizing city administrative data to identify individuals who are likely eligible for public assistance and providing notice to such individuals of their likely eligibility. Such study shall include, but need not be limited to:

   1. Assessing the city’s technical ability to collect, disclose, and electronically transmit city administrative data, in a manner that complies with applicable law and city and agency policies, including data provided by every individual who submits an application for public assistance or is in receipt of public assistance, in order to determine likely qualification for additional public assistance using eligibility screening tool(s);

   2. Identifying and assessing the means available to provide notice to an individual of any public assistance or additional public assistance for which an the individual may qualify. Such notice may include a copy of the relevant applications and instructions on how to apply for such public assistance. In instances where public assistance may be applied for or renewed online, the office shall consider how notice may include a link to access the application or renewal online, and the option for individuals to decline receiving applications or renewals in paper form;

   3. Assessing the technical ability to provide pre-filled applications with information obtained from an individual’s initial public assistance application or other existing city administrative data, in a manner that complies with applicable law and city and agency policies, such assessment considering: (i) renewal applications where an individual is already receiving such public assistance, (ii) in instances where public assistance may be applied for or renewed online, how an individual may be provided with a link to securely access the applicable public benefit application online that has been pre-filled with information obtained from such individual’s last public benefit application along with instructions, and (iii) the implications of enabling individuals to decline receiving applications or renewals in paper form;

   4. Considering the implications of notifying individuals of their likely eligibility for certain public assistance benefits that, if claimed, may affect their eligibility for existing or other public assistance benefits;

   5. Identifying additional options for the city to provide individuals with assistance in completing public assistance applications, including but not limited to online, over the phone through 311 and at a city agency accepting public assistance applications.

§ 3-121 Client information management systems study.*

  1. Definitions. For the purposes of this section the following terms have the following meanings:

   Client information management system. The term “client information management system” means any electronic software used to collect, record, or manage information about social services that individuals may apply for or receive.

   Office. The term “office” means the office of operations established pursuant to section 15 of the charter or any other office or agency designated by the mayor.

  1. By December 31, 2018, the office, in consultation with the relevant agencies as set forth in this subdivision, shall complete a study regarding client information management systems. Such study shall include, but need not be limited to:

   1. Assessments of efforts to update and integrate the client information management systems of agencies that provide social services to city residents, including but not limited to the department of social services, the department of homeless services, the administration for children’s services, the department of education, and the department of housing preservation and development;

   2. Strategies to help facilitate information sharing among such agencies so as to support improved inter-agency coordination of social services to city residents in a manner consistent with applicable laws and regulations, city and agency policies and technical requirements concerning the protection of individually identifiable information and student identifiable information;

   3. Examination of how such agencies can use digital tools to interact with individuals served by such agencies, including but not limited to applying for social services, electronically uploading documents, reminders and updates by text message, electronic notification regarding available services, and potential technology investments;

   4. Identification and recommendations of upgrades to client information management systems operated by the city and other governmental units that interact with client information management systems serving city residents; and

   5. Recommendations of how the city can continue to monitor and evaluate existing client information management systems and updates to such systems in order to remain current in the use of technology to serve clients.

  1. By March 30, 2019, the office shall report its findings and recommendations to the mayor and the speaker of the council. By March 30 of each subsequent year until March 30, 2022, the office shall submit to the mayor and the speaker of the council information detailing progress made on the recommendations that resulted from such report and any additional relevant information as determined by the office.

Editor’s note: Section 2 of L.L. 2018/075 provides that this section remains in effect until March 30, 2022, after which it shall be deemed repealed.

Subchapter 2: Office of Long-Term Planning and Sustainability

§ 3-120 Annual city food system metrics report.*

  1. 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.

  1. 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.

§ 3-121 Clean waterfront plan.*

  1. 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.

  1. 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.

  1. 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.
    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.

  1. 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.

§ 3-122 New York city panel on climate change.

  1. 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.

  1. 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.
    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.

  1. 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.

§ 3-123 New York city climate change adaptation task force.

  1. 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, including telecommunications, 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 information technology and telecommunications, 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, telecommunications, 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.
    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, including telecommunications, and buildings and how services provided by such systems, infrastructure, including telecommunications, and buildings may be affected by climate change; identifying the rules, policies and regulations governing public health, natural systems, critical infrastructure, including telecommunications, 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, including telecommunications, 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, including telecommunications, buildings and economy; develop adaptation strategies to address such risks that may include design guidelines for new infrastructure, and short and long-term resiliency recommendations for existing public and private telecommunications infrastructure, including an evaluation of wireless 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.

   3. The task force shall conduct outreach to telecommunication service providers, including all telecommunication service providers with a franchise agreement with the city, and request their cooperation in obtaining information relevant to the task force’s requirements under subdivision two of this section. The report will include a description of the efforts undertaken to obtain the cooperation of infrastructure providers and the results of such efforts, including specifically whether any such providers refused to cooperate.

  1. 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.

§ 3-124 Study and report on the effects of wind on certain buildings.

  1. 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.

  1. 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.

§ 3-125 Geothermal systems.

  1. As used in this section:

   Criteria air pollutant. The term “criteria air pollutant” means a pollutant for which the United States environmental protection agency has set national ambient air quality standards pursuant to 40 CFR part 50.

   Geothermal system. The term “geothermal system” means a geothermal system as defined in section one of local law number 32 for the year 2013.

   Peak demand reduction. The term “peak demand reduction” means a reduced demand for electricity that occurs between 2 p.m. and 6 p.m., Monday through Friday from June 1 through September 30.

  1. No later than February 1, 2017, an office or agency designated by the mayor shall, in consultation with the department of buildings, the department of design and construction and other relevant agencies, develop and make publicly available online a screening tool that can be used to determine whether installation of a geothermal system may be cost-effective for a property.
  2. Such screening tool shall be used in the planning process for the new construction of a city-owned building and the retrofitting of an existing city-owned building’s heating and cooling system where the planning process commences on or after February 1, 2017.
    1. Where the use of such screening tool required pursuant to subdivision c of this section indicates that installation of a geothermal system may be cost-effective, an engineering and multi-criteria analysis of the use of a geothermal system, including, where appropriate, an analysis of the option of utilizing a photovoltaic system coupled with a geothermal system, shall be conducted. As part of such engineering and multi-criteria analysis, at a minimum, the following criteria shall be used to evaluate geothermal systems and compare such systems with other heating/cooling alternatives:

      (a) Comparison of greenhouse gas emissions as a result of fuel and electricity consumption;

      (b) Comparison of impacts on criteria air pollutant concentrations;

      (c) Comparison of annual electricity consumption and impacts on peak demand reduction;

      (d) Where applicable, comparison of a potential revenue stream generated from the peak demand reduction using a dollar metric;

      (e) Comparison of fuel and power costs; and

      (f) Comparison of the net present value of all alternatives considered, where such net present value shall:

         (1) Be based on a 20-year life expectancy for each proposed option, unless a particular technology has a different life expectancy as documented by the manufacturer; and

         (2) Include capital costs, operations and maintenance, fuel costs, available federal, state and other non-city governmental funding assistance, and the social cost of carbon value as provided in paragraph 3 or pursuant to paragraph 4; provided that a site- or project-specific social cost of carbon value may be developed and used in lieu of the social cost of carbon value provided in paragraph 3 or pursuant to paragraph 4 if such site- or project-specific social cost of carbon value is higher than the social cost of carbon value provided in paragraph 3 or pursuant to paragraph 4.

   2. If the geothermal system has the lowest net present value of all alternatives considered it shall be selected for implementation.

   3. The social cost of carbon value shall be as follows:

Year Dollar value per metric ton of carbon dioxide equivalent
2017 128
2018 132
2019 136
2020 140
2021 142

~

   4. An office or agency designated by the mayor may by rule increase the social cost of carbon values provided in paragraph 3, and may promulgate rules establishing the social cost of carbon values for years after 2021, provided that any social cost of carbon value established by rule for years after 2021 may not be less than the social cost of carbon value for the year 2021 as provided in paragraph 3 and that any such rule shall disclose the social cost of carbon value, if any, determined by the United States environmental protection agency, for the year for which such rule establishes a social cost of carbon value.

  1. By no later than six months after the end of each fiscal year, an office or agency designated by the mayor shall submit to the speaker of the council and make publicly available online a report containing the following information for each project described in subdivision c of this section that is completed during such fiscal year:

   1. A brief description of such project;

   2. The street address of such project and the community district and council district in which such project is located;

   3. Whether installation of a geothermal system for such project was determined to be cost-effective based on the use of the screening tool described in subdivision b of this section;

   4. Whether installation of a geothermal system was selected for the project based on the detailed engineering and multi-criteria analysis pursuant to subdivision d of this section; and

   5. Whether a geothermal system was installed for such project and, if not, the type of system installed.

  1. No later than 18 months after the effective date of the local law that added this subdivision, an office or agency designated by the mayor shall, in consultation with the relevant agencies, develop and submit to the mayor and the speaker of the council recommendations relating to:

   1. Standards for the installation and maintenance of geothermal systems, including standards relating to assessing subsurface conditions and the design, commissioning, distribution and performance monitoring of such systems;

   2. Required qualifications for persons who will design or install such systems;

   3. Maintaining a publicly available registry of such persons;

   4. Informing property owners and installers of geothermal systems regarding the potential benefits of coupling a photovoltaic system installation with a geothermal system for buildings within the city; and

   5. The technical and regulatory feasibility of implementing a geothermal system for waterfront properties within the city by suspending closed loop coils or other heat exchange devices in the marine surface waters around the city.

§ 3-126 New York city energy policy.

  1. Definitions. As used in this section:

   Advisory subcommittee. The term “advisory subcommittee” means the New York city energy policy advisory subcommittee appointed to advise the city’s sustainability advisory board, as established by subdivision g of section 20 of the New York city charter, regarding the long-term energy goals of the city of New York.

   Administering agency. The term “administering agency” means the office or agency designated by the mayor, pursuant to subdivision f of this section, to administer the provisions of this section.

   Energy supply. The term “energy supply” means (i) power plants and any other facilities that generate energy that is used in the city; (ii) infrastructure that transmits or distributes energy that is used in the city; (iii) any fuels that are used in buildings or facilities in the city; and (iv) distributed generation sources of electricity, including cogeneration and energy storage facilities that are used in the city.

   Renewable energy. The term “renewable energy” means energy generated from (i) hydropower, municipal solid waste, marine and hydrokinetic, wind, solar, biomass, geothermal, and biogas; (ii) any source that the administering agency determines is renewable; or (iii) any source that is determined by the administering agency to have a positive environmental impact or a substantially lower negative environmental impact than other sources of energy.

  1. New York city energy policy advisory subcommittee.

   1. The administering agency shall convene a New York city energy policy advisory subcommittee.

   2. The head of the administering agency or a designee of the mayor shall be the chair of the advisory subcommittee.

   3. The mayor or his or her designee shall, in consultation with the speaker of the council, appoint the members of the advisory subcommittee. To the extent practicable, the appointed members shall include representatives of (i) governmental entities that regulate or have a significant interest in the development of the energy supply; (ii) energy utilities; (iii) the renewable energy industry; (iv) the energy industry; (v) consumer organizations advocating on energy issues; (vi) environmental advocacy organizations; (vii) licensed professional engineers; and (viii) other persons with experience or expertise deemed relevant by the mayor or his or her designee. Members of the advisory subcommittee shall serve without compensation and may be removed at any time by the mayor or his or her designee, in consultation with the speaker of the council.

  1. Meetings. The advisory subcommittee shall convene at least once every six months for the purpose of evaluating materials related to the adequacy and potential risks to the energy supply, and to provide advice and recommendations concerning the implementation of objectives regarding the development of the energy supply, as established by the long-term energy plan required by this section.
  2. The administering agency shall submit to the mayor and the speaker of the council, and make publicly available online, a long-term energy plan, in conjunction with the plan developed in accordance with subdivision e of section 20 of the New York city charter. Such plan must be completed by December 31, 2021, and shall be updated every four years thereafter. The advisory subcommittee established by this section shall provide, as needed, advice and recommendations with respect to the development of such plan, which shall include, but not be limited to:

   1. A review of the current energy supply and capacity;

   2. A summary of the current citywide energy demand and a projection of the future citywide energy demand over the next four years, or such longer period as the advisory subcommittee may deem appropriate, including (i) an identification of factors that may affect demand; (ii) specific recommendations regarding the capacity that could be added to the current energy supply to meet such projected demand after consideration of such factors; and (iii) actions the city could take in connection with such recommendations;

   3. A list of each governmental entity that regulates or exercises any authority over the energy supply, in whole or in part, and, for each such entity, a description of its role with respect to the energy supply;

   4. An estimate of the renewable energy sources within or directly connected to Zone J plus an accounting of energy efficiency measures and distributed generation that have been deployed in the city;

   5. Specific recommendations for developing and integrating additional renewable energy sources and energy efficiency measures to the maximum extent possible, including actions the city could take in connection with such recommendations, and actions the city could advocate be taken by the state and federal government in connection with such recommendations.

  1. Where the administering agency has established a long-term energy plan in accordance with this section and in conjunction with the long-term sustainability plan required by subdivision e of section 20 of the New York city charter, the advisory subcommittee shall provide advice and recommendations with respect to:

   1. Plans for providing information to city residents and other members of the public regarding energy efficiency initiatives and the purchase of renewable energy;

   2. Plans for the dissemination of information to city residents and other members of the public about the benefits of and progress attained through such long-term energy plan; and

   3. For any subsequent long-term energy plan, a review of the city’s objectives and recommendations established in the previous long-term energy plan.

  1. The mayor shall, in writing, designate one or more offices or agencies to administer the provisions of this section and may, from time to time, change such designation. Within 10 days after such designation or change thereof, a copy of such designation or change thereof shall be published on the city’s website and on the website of each such office or agency, and shall be electronically submitted to the speaker of the council.
  2. The long-term energy plan developed in accordance with subdivision d of this section shall include the following:

   1. An assessment of the feasibility of replacing in-city gas-fired power plants associated with the bulk power system with battery storage powered by renewable energy sources in a manner that is consistent with the New York state public service commission energy storage deployment policy developed pursuant to section 74 of the public service law;

   2. An assessment of when such replacement, if feasible, can take place; and

   3. A review of potential technologies for battery storage of energy.

§ 3-127 Map of areas most vulnerable to flooding; mitigation plan.

  1. In 2020 and no later than April 22, 2023 and no later than every four years after April 22, 2023, an office or agency designated by the mayor, with the cooperation of all relevant agencies, shall develop and make publicly available on its website:

   1. A map of areas in the city most vulnerable to increased flooding due to the anticipated effects of climate change, including but not limited to increased precipitation, coastal storms and sea level rise; and

   2. A long-term plan for preventing or mitigating such increased flooding, and the effects thereof, in such areas.

  1. Such office shall seek the cooperation of relevant federal and state agencies and other public or private persons as such office deems appropriate in developing such map and plan.

§ 3-128 Efficiency and efficacy study of existing geothermal systems.

  1. For purposes of this section, the term “geothermal system” means a system used to exchange geothermal energy between the earth and one or more buildings to provide heating or cooling.
  2. An office or agency designated by the mayor shall conduct an efficiency and efficacy study of existing geothermal systems in city buildings.
  3. In order to complete such study, remote monitoring sensors and data loggers shall be installed in five or more city buildings with existing geothermal systems for the purpose of collecting data from any such system for a period of not less than 12 months.
  4. No later than two years after the installation of such remote monitoring sensors and data loggers, the office or agency designated by the mayor to conduct such study shall, prepare and electronically submit a report to the mayor and the speaker of the council, and make such report publicly available online.
  5. The report required by subdivision d of this section shall include, but need not be limited to, the following:

   1. the cost of installing any such geothermal system;

   2. any problems encountered in installing any such system and solutions developed to address such problems and any costs or savings associated with such solutions;

   3. the cost of operating any such system, including energy consumption, maintenance, and other expenditures;

   4. any problems encountered in operating any such system and solutions developed to address such problems;

   5. an energy modeling analysis of the performance of any such system;

   6. comparisons of such performance to the performance of conventional heating and cooling systems located in comparable city buildings; and

   7. recommendations for continuing or expanding the use of geothermal systems.

§ 3-129 Study of beneficial reuse of dewatering discharge from the aquifers in Queens County.

  1. An office or agency designated by the mayor shall conduct a feasibility study concerning the beneficial reuse of discharge waters as a result of continuous dewatering operations in southeastern Queens County. The results of such study shall be submitted to the mayor and the speaker of the council no later than two years after its commencement.
  2. Such study shall include, but need not be limited to, the following;

   1. An investigation of the flow, temperature, quality, consistency and reliability of discharge waters and recommended measures for beneficial reuse including, but not limited to, landscaping, grey water systems, and the extraction or deposition of heat energy from or to such waters for the purposes of heating and/or cooling buildings;

   2. An investigation of alternatives to dewatering;

   3. An evaluation of existing buildings that are owned or operated by the city or receive financial assistance from the city that have demonstrated continuous groundwater infiltration to basements and cellars for the purpose of determining the feasibility of dewatering and subsequently reusing discharge waters in an open loop heat pump system for heating and cooling such buildings;

   4. An evaluation of existing groundwater conditions at each such building site to identify adverse groundwater quality and hydrogeological conditions, if any;

   5. An analysis of the environmental impacts and permitting requirements related to the discharge of groundwater, specifically groundwater that has been heated or cooled and discharged to a surface water body or other surface structures;

   6. An evaluation of possible impacts of potential sea level rise in southeastern Queens County on geothermal systems; and

   7. If such beneficial reuse is not feasible, identification of impediments to such beneficial reuse, whether such impediments may be addressed by the city and, if so, any plans to address to such impediments.

§ 3-130 Pilot program to provide heating and/or cooling or other beneficial reuse of discharge waters from dewatering operations in southeastern Queens County.

  1. If the office or agency designated by the mayor to conduct the study required pursuant to section 3-129 determines, based on such study, that it may be feasible to use discharge waters from existing basements, cellars and other dewatering pumping operations in southeastern Queens County in connection with a heat pump system to provide heating and/or cooling to one or more buildings that are owned or operated by the city or receive financial assistance from the city, then such office or agency, in consultation with the department of design and construction and the department of environmental protection, shall develop a pilot program for the purpose of providing such heating and/or cooling.
  2. Such program shall continue for at least three years after the date on which the city commences providing heating and/or cooling through such system to such buildings.
  3. No later than February 1 in the second year that commences after heating and/or cooling has been provided to such buildings for three full calendar years through such program, such office or agency, in consultation with such departments, shall prepare and electronically submit, and make publicly available online, a report to the mayor and the speaker of the council with a detailed assessment of the impacts of such program, including recommendations for continuing or expanding such program.

Subchapter 3: Office of Veterans’ Affairs [Repealed]

§ 3-130 Employment resources. [Repealed]

*§ 3-131 Veteran liaisons. [Repealed]* ::

§ 3-132 Veterans’ advisory board electronic mail addresses. [Repealed]

*§ 3-133 Additional notice of public meetings of the veterans' advisory board. [Repealed]* ::

Subchapter 4: Office of Labor Standards

§ 3-140 Office of Labor Standards.

  1. For purposes of this section, “director” means the director of the office of labor standards.
  2. No later than February 15, 2017, and no later than every February fifteenth thereafter, the director shall post on the office’s website the following information for the prior calendar year regarding enforcement of chapter 9 of title 20 of the code:

   i. the number of complaints against employers filed with the office;

   ii. the number of investigations conducted by the director;

   iii. the results of each enforcement action undertaken by the director; and

   iv. such other information as the director may deem appropriate.

Subchapter 5: Reports Related to Public Housing

§ 3-150 General.

  1. As used in this subchapter:

   Public housing. The term “public housing” means housing owned or operated by the New York city housing authority.

  1. Reports required under this subchapter shall only contain information in the aggregate and shall not contain any personally identifiable information.

§ 3-151 Report on outcomes of services provided to public housing residents.

  1. In 2017 and each calendar year thereafter, the mayor, or an agency designated by the mayor, shall make publicly available online and submit to the council a report relating to outcomes of programs administered by or on behalf of the city, or funded in whole or in part by the city, that provide services to public housing residents. In developing this report, the mayor or such designated agency shall seek cooperation and assistance from the New York city housing authority. Such report shall include, at a minimum, the following information, disaggregated by public housing development, borough and council district, to the extent that such outcomes are tracked by such programs:

   1. Outcomes of employment-related programs, including but not limited to:

      (a) For each such program, the following information; provided that the term “employment program” includes, but is not limited to, the jobs-plus community revitalization initiative for public housing families as authorized by the omnibus consolidated rescissions and appropriations act of 1996, as enacted by section 204 of public law 104-134, such section 204 relating to public housing/section 8 moving to work demonstration, and as announced in page 66856 in number 244 of volume 61 of the federal register:

         (1) Name of such program and date on which such program was initiated;

         (2) Number of public housing residents who applied for such program;

         (3) Number of public housing residents who were accepted and enrolled in such program;

         (4) Number of public housing residents who were placed into full-time or part-time jobs through such program and the average wage of such residents;

         (5) Number of public housing residents who received a referral for social services through such program;

         (6) Number of public housing residents who enrolled in financial counseling services through such program;

         (7) Number of public housing residents who enrolled in vocational training programs through such program;

         (8) Number of public housing residents who enrolled in preparation courses for English for speakers of other languages (ESOL) or the test assessing secondary completion (TASC) through such program;

         (9) Number of public housing residents who enrolled in college-readiness courses or participated in college-readiness activities through such program;

      (b) Number of public housing residents who took the city civil service examination;

   2. For each program that provides financial counseling or banking services, the following information:

      (a) Name of such program and date on which such program was initiated;

      (b) Number of public housing residents who received financial counseling or banking services through such program;

      (c) Number of public housing residents who reported that their credit scores were improved through such program;

      (d) Number of public housing residents who reported that their debt was reduced through such program;

      (e) Number of public housing residents who reported that their savings increased through such program;

   3. For each program that provides financial assistance to individuals for food, medical care or housing or otherwise for income support, the following information; provided that the term “program” as used in this paragraph includes, but is not limited to, the supplemental nutrition assistance program (SNAP), authorized under 7 U.S.C. Chapter 51, medicaid, authorized under subchapter xix of 42 U.S.C. Chapter 7, and medicare, authorized under subchapter xviii of 42 U.S.C. Chapter 7:

      (a) Name of such program and date on which such program was initiated;

      (b) Number of public housing residents who submitted applications for benefits under such program;

      (c) Number of public housing residents who received benefits under such program;

      (d) Number of public housing residents who were income-eligible for benefits under such program;

   4. Adult education outcomes, including but not limited to:

      (a) For each program that provides educational services for adults, the following information; provided that the term “program” as used in this paragraph includes, but is not limited to, the English for speakers of other languages (ESOL) and the adult basic education (ABE) program:

         (1) Name of such program and date on which such program was initiated;

         (2) Number of public housing residents who participated in such program;

      (b) Number of public housing residents who passed the test assessing secondary completion (TASC); and

   5. Outcomes of business-related programs that provide guidance, financing, or other assistance for developing business, including but not limited to:

      (a) Name of such program and date on which such program was initiated;

      (b) Number of public housing residents who enrolled in courses offered by such program or otherwise received guidance under such program;

  1. Such information shall be made publicly available in a non-proprietary format that permits automated processing.

§ 3-152 Three-quarter housing task force.

  1. Definitions. For the purposes of this section, the following terms have the following meanings:

   Rent allowance. The term “rent allowance” means the allowance provided pursuant to section 131-a of the social services law and paragraph (1) of subdivision (a) of section 352.3 of title 18 of the New York codes, rules and regulations.

   Supportive housing. The term “supportive housing” means affordable, permanent housing with support services for residents.

   Three-quarter housing. The term “three-quarter housing” means one- and two-family dwellings where 10 or more unrelated adults who receive a rent allowance are residing, but such term shall not include any nursing home as defined in section 2801 of the public health law or residential program for adults described in title two of article four of the social services law.

  1. There shall be a three-quarter housing task force comprised of representatives from the department of social services, the department of buildings, the fire department, the department of housing preservation and development, the department of health and mental hygiene and the mayor’s office. Each such agency shall assign representatives to such task force as needed. The mayor shall appoint the chair of the task force.
  2. The mayor shall appoint two advocates in the fields of housing or homelessness and two individuals who have previously resided or currently reside in three-quarter housing, and the speaker of the council shall appoint one advocate in the fields of housing or homelessness and one individual who has previously resided or currently resides in three-quarter housing, to advise the task force on an ongoing basis. Such appointees shall not be members of the task force. The task force shall meet no less than once every three months with the advocates and individuals appointed pursuant to this subdivision.
  3. The task force shall meet no less than once every quarter. At such meetings, members of agencies represented on the task force shall report on all violations, fines or liens placed against landlords of three-quarter housing for failing to timely correct violations.
  4. Task force representatives shall compile the following information for the task force’s use:

   1. Addresses of one- and two-family dwellings where 10 or more unrelated adults who receive a rent allowance are residing,

   2. All relevant information each respective agency has collected related to such dwellings, and

   3. The addresses of one- and two-family dwellings where there is reason to suspect 10 or more unrelated adults who receive a rent allowance are residing based on complaints through 311 calls or any other mechanism.

  1. Agencies represented on the task force shall inspect, as necessary, one- and two-family dwellings identified as three-quarter housing and issue violations where appropriate. An initial inspection shall be conducted within four weeks of an address being referred to such task force and re-inspection of the dwelling shall be conducted twice annually for as long as the building is known or believed to be in use as three-quarter housing.
  2. During such inspections, individuals residing in the inspected dwellings shall be offered assistance, including but not limited to information about rental subsidies, supportive housing, how to obtain repairs from landlords, and unlawful evictions.
  3. A city agency or office designated by the mayor shall provide to the speaker of the council and publish on its website quarterly reports on the state of three-quarter housing in the city. The first such report shall be due 30 days following the calendar quarter ending September 30, 2020, and all subsequent reports shall be due 30 days following the last day of each succeeding calendar quarter. Such reports shall include, but need not be limited to:

   1. The number of violations issued for each building inspected by agencies represented on the task force and identified as three-quarter housing, disaggregated by issuing agency, provided that each building shall be identified in such a way that does not disclose the building’s address; and

   2. The number of individuals relocated from buildings inspected by the agencies represented on task force and identified as three-quarter housing, disaggregated by whether such individuals were given a rental assistance subsidy, the type of subsidy provided, and the type of housing to which the individual was relocated, including but not limited to private apartments, single room occupancy dwellings or temporary housing.

Subchapter 6: Gender, Racial and Income Equity

§ 3-160 Equity assessments.

  1. Definitions. For the purposes of this section, the following terms have the following meanings:

   Equity assessment. The term “equity assessment” means a systematic process of identifying policies and practices that may be implemented to address disparate outcomes on the basis of, at a minimum, gender, race, income, and sexual orientation, and any other relevant population characteristics that may be identified by the mayor.

   Gender. The term “gender” includes actual or perceived sex and shall also include a person’s gender identity, self-image, appearance, behavior, or expression, whether or not that gender identity, self-image, appearance, behavior or expression is different from that traditionally associated with the legal sex assigned to that person at birth.

   Relevant city agencies. The term “relevant city agencies” means the department of health and mental hygiene, the administration for children’s services, the department of social services and any other agencies designated by the mayor.

  1. Equity assessment. Not later than July 1, 2018, relevant city agencies shall complete gender, racial, and income equity assessments, and sexual orientation where relevant data is available, equity assessments, of their actions, procedures, services and programs, employment, contracting practices, rulemaking and budgeting. Such assessments shall be submitted to the mayor, in a format and manner determined by the mayor’s office of operations or other city office that the mayor may designate.
  2. Equity action plan. Not later than January 1, 2019, the relevant city agencies shall:

   1. Identify, and create a plan to address, any disparate outcomes based on gender, race, and income, and sexual orientation to the extent that relevant data is available, and any other population characteristics examined as part of equity assessments conducted by such agencies; and

   2. Submit to the mayor a plan to address any disparate outcomes identified.

  1. Reporting requirement. Not later than July 1, 2019, and no later than July 1 every two years thereafter, the relevant city agencies shall report to the speaker and the mayor on efforts they have undertaken to implement their equity action plans. Such reports shall be made publicly available online.
  2. Equity committee.

   1. There shall be an equity committee created to:

      (a) make recommendations to the relevant city agencies, after seeking input from other employees and officials of the city having the necessary expertise, with respect to the nature and scope of equity assessments, and the development and implementation of equity action plans;

      (b) review publicly available reports required pursuant to subdivision d of this section; and

      (c) make recommendations to the mayor and speaker based on such reports.

   2. The committee shall consist of at least five members. The mayor shall appoint four members, including the chair of the committee, and the speaker shall appoint one member. Appointments to the committee shall occur within 90 days of the effective date of this section. Any vacancy in membership shall be filled in the same manner as the original appointment. The mayor shall have the discretion to appoint agency officials and outside experts to the committee, including, but not limited to, members of the commission on human rights and the commission on gender equity. Prior to the completion of the action plans, the committee shall meet as often as needed, as determined by the committee in consultation with the mayor, but not less than twice annually. The committee shall cease to exist following its submission to the mayor and the speaker of any recommendations it may make following its review of the third report required pursuant to subdivision d of this section.

§ 3-161 Gender and racial equity training.

  1. Definitions. For the purposes of this section, the following terms have the following meanings:

   Gender. The term “gender” includes actual or perceived sex and shall also include a person’s gender identity, self-image, appearance, behavior, or expression, whether or not that gender identity, self-image, appearance, behavior or expression is different from that traditionally associated with the legal sex assigned to that person at birth.

   Cultural competency. The term “cultural competency” means knowledge and skills that enable a person to appreciate, understand and interact with members of diverse populations within the local community.

   Relevant city agencies. The term “relevant city agencies” means the department of health and mental hygiene, the administration for children’s services, the department of social services and any other agencies designated by the mayor.

  1. Training. Not later than July 15, 2020, the relevant city agencies shall provide all employees with trainings on all of the following: implicit bias, discrimination, cultural competency and structural inequity, including with respect to gender, race and sexual orientation, and on how these factors impact the work of such agencies.

Subchapter 7: Office of Data Analytics*

§ 3-170 General.*

  1. As used in this subchapter, the following terms have the following meanings:

   Agency. The term “agency” means any agency, the head of which holds office upon appointment of the mayor and those units within the executive office of the mayor designated by the mayor to be covered by the provisions of chapter 16 of the charter. Such term does not include agencies headed by boards, commissions, or other multi-member bodies, whether appointed by the mayor or otherwise, nor to elected officials, nor to other agencies the heads of which are appointed by officials other than the mayor or by multi-member bodies.

   Director. The term “director” means the director of the office of data analytics.

   Machine-readable format. The term “machine-readable format” means a non-proprietary format that permits automated processing.

   Office. The term “office” means the office of data analytics.

   Open source analytics library. The term “open source analytics library” means the website where the source code for data analytics projects are shared and maintained by the mayor’s office of data analytics.

  1. All agencies shall cooperate with the office as may be necessary and proper to ensure compliance with this subchapter. The office may request information from any agency it deems necessary to enable it to properly carry out its functions.
  2. The director may promulgate such rules as are necessary to carry out the provisions of this subchapter.

§ 3-171 Pay and employment equity data.*

  1. Within 60 days following receipt of the data from the department of citywide administrative services pursuant to section 12-208, the office, in consultation with the department of information technology and telecommunications, shall make such data available to the council for 90 days through an application programming interface (API) in a machine-readable format as either comma separated value (CSV) or JavaScript Object Notation (json) for which the office shall provide a key to the council.
    1. The office shall issue a report to the mayor and speaker of the council no later than May 31, 2020, and no later than May 31 annually thereafter, and shall post such report on the open source analytics library. Such report shall include aggregated data from each agency showing the frequency of full-time, part-time and seasonal employees by agency, EEO-4 job group, pay band, racial group, ethnicity and gender in a format that prevents the disclosure of the racial group, ethnicity and gender of any employee, while maximizing the level of detail at which such data is reported.

   2. Pay bands for such report as required by paragraph 1 of this subdivision shall be for $2,500, $5,000 and $10,000; however, the department of citywide administrative services, in conjunction with the office, may determine by rule other appropriate pay bands, if any, that will maximize the level of detail at which data is reported.

  1. Ninety days after the second annual report is issued pursuant to subdivision b of this section, the office, in conjunction with the department of citywide administrative services, shall conduct an annual analysis of the data collected pursuant to section 12-208, including comparisons with data from previous years, in order to identify potential disparities based on gender, race or other protected classes as identified in section 8-101, in the following areas:

   1. Pay;

   2. Employment rates; and

   3. Retention rates.

  1. The office shall conduct further analysis with relevant agencies where instances of disparities exist. Such analysis shall be included in the annual report as required pursuant to subdivision b of this section.
  2. The department of citywide administrative services shall be required to make recommendations on the development and implementation of pay, employment and retention equity action plans to the mayor and speaker of the council based on disparities identified in subdivision d of this section. Such recommendations shall be included in the annual report as required pursuant to subdivision b of this section.

Subchapter 7: Office to End Domestic and Gender-Based Violence*

§ 3-170 Definitions.*

For the purposes of this subchapter, the following terms have the following meanings:

Domestic violence. The term “domestic violence” means acts or threats of violence, not including acts of self-defense, committed by a family or household member against another family or household member.

Family justice center. The term “family justice center” means the centers and any successor locations through which the office or successor entity provides criminal justice, civil legal, and social services to victims of domestic violence and gender-based violence.

Family or household member. The term “family or household member” means the following individuals: (i) persons related by consanguinity or affinity; (ii) persons legally married to one another; (iii) persons formerly married to one another regardless of whether they still reside in the same household; (iv) persons who have a child in common regardless of whether such persons have been married or have lived together at any time; (v) persons not legally married, but currently living together in a family-type relationship; and (vi) persons not legally married, but who have formerly lived together in a family-type relationship.

Office. The term “office” means the office to end domestic and gender-based violence.

§ 3-171 Reporting on domestic violence initiatives, indicators, and factors.*

On June 1, 2019, and no later than January 31 annually thereafter, the office shall submit to the mayor and speaker of the council and post on its website an annual report regarding certain domestic violence initiatives, indicators, and factors. Such report shall include, but need not be limited to:

  1. The number of contracted legal service providers providing services in the family justice centers, disaggregated by the primary area of legal practice and languages spoken by the contracted legal service providers, for each family justice center and in total for all family justice centers;
  2. The number of contracted service providers providing non-legal services in the family justice centers, disaggregated by type of service, for each family justice center and in total for all family justice centers;
  3. The number of family justice center clients, disaggregated by: (i) the total number of client visits, (ii) the total number of unique clients, and (iii) the number of clients accessing each service type, for each family justice center and in total for all family justice centers;
  4. A list of all family justice center programs and services offered which pertain to economic empowerment, such as but not limited to those that promote short- and long-term financial planning or navigation of public benefits, disaggregated by type of program or service, for each family justice center and in total for all family justice centers;
  5. The total number of outreach events conducted by the office, disaggregated by type of event;
  6. The total number of prevention education workshops conducted by the office for youth, staff administering or operating youth programming, or caregivers for youth;
  7. The total number of trainings conducted by the office for: (i) city agency staff, (ii) non-profit staff, and (iii) community members; and
  8. A list of any new data or research reports published by the office.

§ 3-172 Outreach to cosmetologists.

  1. Definitions. For the purposes of this section, the term “cosmetologist” means an individual who practices “cosmetology” as defined in subdivision 7 of section 400 of the general business law.
  2. The office shall conduct regular outreach to cosmetologists and post information on its website regarding the availability of resources related to domestic violence. Such outreach shall include, but not be limited to the following:

   1. Connecting cosmetologists to trainings conducted by the office;

   2. Making available online a toolkit tailored to cosmetology that includes, but need not be limited to, information on recognizing signs of domestic violence in clients; and

   3. Providing cosmetologists with information about resources available for victims of domestic violence across the five boroughs.

  1. No later than November 1, 2019, and no later than November 1 annually thereafter, the office shall submit to the mayor and speaker of the council and post on its website a summary of outreach efforts to the cosmetology community, including the number of trainings provided for cosmetologists, disaggregated by borough, and any other factors that may be appropriate.

§ 3-173 Service satisfaction surveys.

The office shall provide all individuals receiving services at family justice centers with service satisfaction surveys during client visits. The family justice centers shall post a sign regarding the availability of this survey in a conspicuous place. Completion of such surveys shall be anonymous and shall not be mandatory. Not later than November 1, 2019, and annually thereafter, the office shall submit to the speaker of the council and post on its website the service satisfaction survey questions and all data aggregated from the service satisfaction surveys, completed from July 1 of the prior year to June 30 of the current year, disaggregated by borough. Such data shall include, where available, the type of service received by the individual completing the survey, whether the individual completing the survey utilized interpretation services and if so, in what language, and any other factors that may be appropriate.

Chapter 2: City Council and City Clerk

Subchapter 1: [Council Districts; Powers and Duties]

§ 3-201 Councilmanic flag.

The official flag of the council shall be the same in design as the official flag of the city, except that upon the middle or white bar there shall be below the design of the seal, in a straight line, the word “Council”; the dimensions of such flag shall be the same as the standard size of flags used for state and parade occasions.

§ 3-202 Council districts.

  1. The city is hereby divided into thirty-five council districts for the election of council members other than the public advocate, the boundaries of which are hereby established and described as follows:

   1. First district. That part of the Borough of Staten Island bounded by a line described as follows: BEGINNING at a point in waters of Arthur Kill between border lines of New Jersey, and Richmond County, at Goethals Bridge, proceeding southeast, to Railroad cut, then proceeding east, to Gulf Avenue, to Staten Island Expressway, to Bengal Avenue, to Fahy Avenue, to Arlene Street, to Lander Avenue, to Richmond Avenue, to Victory Boulevard, to Willowbrook Road, to Watchogue Road, to Victory Boulevard, to Manor Road, to Ocean Terrace, to Todt Hill Road, to Richmond Road, proceeding northerly, to Cromwell Avenue, to Hylan Boulevard, to Old Town Road, to Staten Island Rapid Transit Line, proceeding north on Staten Island Rapid Transit Line, to West Fingerboard Road, to Steuben Street, to Hylan Boulevard, to Hickory Avenue, to McClean Avenue, to Lily Pond Avenue, extended to waters of the Atlantic Ocean; thence southerly and westerly through waters of the Atlantic Ocean, Raritan Bay, to the waters of Arthur Kill, along the intersection New Jersey-New York Line, proceeding northerly and including Island of Meadows, and Pralls Island, to the point or place of beginning.

   2. Second district. That part of the Borough of Manhattan bounded by a line described as follows: BEGINNING at a point in the waters of the East River at East Twentieth Street extended, to East Twentieth Street, to First Avenue, to East Fourteenth Street, to Fourth Avenue, to East Eighth Street, to Broadway, to West Houston Street, to West Houston Street extended in the waters of the Hudson River, thence southerly, easterly, and northerly, along the East River, to the point or place of beginning; this District is intended to include that part of the City of New York known as Governor’s Island, Ellis Island and Liberty Island, (Bedloe’s Island).

   3. Third district. That part of the Borough of Manhattan bounded by a line described as follows: BEGINNING at a point in the waters of the Hudson River, at West Houston Street extended, to West Houston Street, to Broadway, to East Eighth Street, to Fourth Avenue, to East Fourteenth Street, to First Avenue, to East Twentieth Street, to East Twentieth Street extended in the waters of the East River, north to East Thirty-ninth Street extended in the waters of the East River, west on East Thirty-ninth Street and its easterly prolongation to Second Avenue, to East Sixtieth Street, to Fifth Avenue, to Central Park South, to Avenue of the Americas, to West Fifty-fifth Street, to Seventh Avenue, to West Forty-eighth Street, to Eighth Avenue, to West Twenty-ninth Street, to Tenth Avenue, to West Thirty-sixth Street, to West Thirty-sixth Street extended to the waters of the Hudson River, thence southerly to the point or place of beginning.

   4. Fourth district. That part of the Borough of Manhattan bounded by a line described as follows: BEGINNING at a point in the waters of the Hudson River at the Manhattan borough line and West Ninety-ninth Street extended, to West Ninety-ninth Street, to Broadway, to West Ninety-eighth Street, to Amsterdam Avenue, to West One Hundredth Street, to Central Park West, to Central Park South, to Avenue of the Americas, to West Fifty-fifth Street, to Seventh Avenue, to West Forty-eighth Street, to Eighth Avenue, to West Twenty-ninth Street, to Tenth Avenue, to West Thirty-sixth Street, extended into the waters of the Hudson River to the Manhattan borough line, thence northerly along said borough line to the point or place of beginning.

   5. Fifth district. That part of the Borough of Manhattan bounded by a line described as follows: BEGINNING at a point in the waters of the Hudson River at the Manhattan borough line and West One Hundred Thirteenth Street extended, to West One Hundred Thirteenth Street, to Amsterdam Avenue, to Cathedral Parkway–Central Park North, to Fifth Avenue, to West One Hundred Twentieth Street, to Mount Morris Park West, to West One Hundred Twenty-fourth Street, to Fifth Avenue, to East One Hundred Thirty-second Street, extended into the waters of the Harlem River to the Manhattan borough line, thence northerly along said borough line to West One Hundred Sixty-fifth Street extended, to the Harlem River Drive, to Saint Nicholas Place, to West One Hundred Fifty-first Street, to Saint Nicholas Avenue, to West One Hundred Fifty-second Street, to Amsterdam Avenue, to West One Hundred Fifty-first Street, to Broadway, to West One Hundred Fiftieth Street, extended into the waters of the Hudson River to the Manhattan borough line, thence southerly along said borough line to the point or place of beginning.

   6. Sixth district. That part of the Borough of Manhattan bounded by a line described as follows: BEGINNING at a point in the waters of the Hudson River at the Manhattan borough line at West One Hundred Fiftieth Street extended, to West One Hundred Fiftieth Street, to Broadway, to West One Hundred Fifty-first Street, to Amsterdam Avenue, to West One Hundred Fifty-second Street, to Saint Nicholas Avenue, to West One Hundred Fifty-first Street, to Saint Nicholas Place, to the Harlem River Drive, to West One Hundred Sixty-fifth Street extended, into the waters of the Harlem River to the Manhattan borough line, thence northerly, westerly and southerly along said borough line to the point or place of beginning.

   7. Seventh district. That part of the Borough of Manhattan bounded by a line described as follows: BEGINNING at a point in the waters of the East River at the easterly prolongation of East Thirty-ninth Street extended to Franklin D. Roosevelt Drive along said East Thirty-ninth Street, to Second Avenue, to Sixtieth Street, to Fifth Avenue, to Central Park South, to Central Park West, to West Eighty-sixth Street, proceeding easterly through Central Park, to East Eighty-fourth Street, to Madison Avenue, to East Eighty-sixth Street, to Park Avenue, to East Ninety-first Street, to Lexington Avenue, to East Ninety-second Street, to First Avenue, to East Ninety-sixth Street extended into the waters of the East River, thence running southerly to the point or place of beginning; this district is intended to include that part of the City of New York known as Franklin D. Roosevelt Island.

   8. Eighth district. That part of the Borough of Manhattan bounded by a line described as follows: BEGINNING at a point in the waters of the East River at the Manhattan borough line and East Ninety-sixth Street extended, to East Ninety-sixth Street, to First Avenue, to East Ninety-second Street, to Lexington Avenue, to East Ninety-first Street, to Park Avenue, to East Eighty-sixth Street, to Madison Avenue, to East Eighty-fourth Street, thence through Central Park to Central Park West at West Eighty-sixth Street, to West One Hundredth Street, to Amsterdam Avenue, to West Ninety-eighth Street, to Broadway, to West Ninety-ninth Street, extended into the waters of the Hudson River to the Manhattan borough line, thence northerly along said borough line to West One Hundred Thirteenth Street extended, to West One Hundred Thirteenth Street, to Amsterdam Avenue, to Cathedral Parkway – Central Park North, to Fifth Avenue, to East One Hundred Twentieth Street, to Mount Morris Park West, to West One Hundred Twenty-fourth Street, to Fifth Avenue, to East One Hundred Thirty-second Street, extended into the waters of the Harlem River to the Manhattan borough line, thence southerly along said borough line to the point or place of beginning. This district is intended to include that part of the City of New York known as Randall’s Island and Ward’s Island; this district is further intended to include that part of the Borough of the Bronx bounded by a line described as follows: BEGINNING at a point in the Harlem River at the Macombs Dam Bridge, extended along the Macombs Dam Bridge, to Jerome Avenue, to East One Hundred Sixty-fifth Street, to Gerard Avenue, to East One Hundred Sixty-fourth Street, to Grand Concourse, to East One Hundred Fifty-third Street, to Morris Avenue, to Third Avenue, to Major Deegan Expressway, to Bruckner Boulevard, to Leggett Avenue, to Truxton Street, to Spofford Avenue, to Halleck Street, to Ryawa Avenue, to Manida Street, extended into the waters of the East River to the Bronx borough line, thence westerly and northerly along said borough line to the point or place of beginning. This District is intended to include that part of the City of New York known as North Brother Island and South Brother Island.

   9. Ninth district. That part of the Borough of the Bronx bounded by a line described as follows: BEGINNING at a point at the intersection of the Bronx borough line and West Kingsbridge Road, to Major Deegan Expressway, to West Two Hundred Thirtieth Street, to Kingsbridge Terrace, to West Two Hundred Twenty-ninth Street, to Sedgwick Avenue, to Fordham Road, to University Avenue, to Burnside Avenue, to Jerome Avenue, to East One Hundred Sixty-eighth Street, to Grand Concourse, to East One Hundred Seventy-second Street, to Teller Avenue, to East One Hundred Seventieth Street, to East One Hundred Seventy-first Street, to Third Avenue, to Saint Paul’s Place, to Crotona Park South, to Crotona Avenue, to Prospect Avenue, to East One Hundred Sixty-fifth Street, to Union Avenue, to East One Hundred Sixty-first Street, to Third Avenue, to East One Hundred Fifty-ninth Street, to Courtlandt Avenue, to East One Hundred Fifty-sixth Street, to Melrose Avenue, to Third Avenue, to Morris Avenue, to East One Hundred Fifty-third Street, to Grand Concourse, to East One Hundred Sixty-fourth Street, to Gerard Avenue, to East One Hundred Sixty-fifth Street, to Jerome Avenue, extended into the waters of the Harlem River to the Bronx borough line, thence northerly along said borough line to the point or place of beginning.

   10. Tenth district. The part of the Borough of the Bronx bounded by a line described as follows: BEGINNING at a point where the Bronx-Westchester County line intersects the Hutchinson River Parkway, thence southerly along the Hutchinson River Parkway, to the Hutchinson River, thence easterly in the waters of said River, to the Harlem River Division Penn Central Railroad tracks, thence southerly along said Railroad tracks, to Hunter Avenue, to Hutchinson River Parkway, to the New England Thruway, to Conner Street, to Provost Avenue, to Light Street, to Harper Avenue, to Garrett Place, to Pratt Avenue, to East Two Hundred Thirty-third Street, to Monticello Avenue, to Strang Avenue, to Myrdok Avenue, to Edenwald Avenue, to Wylder Avenue, to Pitman Avenue, to Barnes Avenue, to East Two Hundred Thirty-third Street, to White Plains Road, to East Two Hundred Thirtieth Street, to Carpenter Avenue, to East Two Hundred Twenty-ninth Street, to Bronx Boulevard, to East Gun Hill Road, to the Harlem Division Penn Central Railroad tracks, to East Two Hundred Eleventh Street, to Perry Avenue, to East Two Hundred Fifth Street, to Bainbridge Avenue, to East Mosholu Parkway South, to Briggs Avenue, to Bedford Park Boulevard, to Grand Concourse, to East One Hundred Ninety-eighth Street, to Jerome Avenue, to Kingsbridge Road, to University Avenue, to West One Hundred Ninetieth Street, to Webb Avenue, to Sedgwick Avenue, to West Two Hundred Twenty-ninth Street, to Kingsbridge Terrace, to West Two Hundred Thirtieth Street, to Major Deegan Expressway, to West Kingsbridge Road, to the Bronx borough line, thence westerly, northerly and easterly along said borough line to the point or place of beginning.

   11. Eleventh district. That part of the Borough of the Bronx bounded by a line described as follows: BEGINNING at a point in the waters of the East River at the intersection of the Bronx-Queens County line and Olmstead Avenue extended, thence northerly through the waters of Pugsley’s Creek, to Lacombe Avenue, to Olmstead Avenue, to Lafayette Avenue, to Pugsley Avenue, to Cross Bronx Expressway, to East One Hundred Seventy-seventh Street, to DeVoe Avenue, to East Tremont Avenue, to Bronx Street, to East One Hundred Eightieth Street, to Boston Road, to Bronx Park South, to Vyse Avenue, to Cross Bronx Expressway, to Sheridan Expressway, to East One Hundred Sixty-fifth Street, to Westchester Avenue, to East One Hundred Sixty-fifth Street, to Union Avenue, to East One Hundred Sixty-first Street, to Third Avenue, to East One Hundred Fifty-ninth Street, to Courtlandt Avenue, to East One Hundred Fifty-sixth Street, to Melrose Avenue, to Third Avenue, to Major Deegan Expressway, to Bruckner Boulevard, to Leggett Avenue, to Truxton Street, to Spofford Avenue, to Halleck Street, to Ryawa Avenue, to Manida Street, extended into the waters of the East River to the Bronx borough line, thence easterly and northerly along said borough line to the point or place of beginning; this District is intended to include that part of the City of New York known as Riker’s Island.

   12. Twelfth district. That part of the Borough of the Bronx bounded by a line described as follows: BEGINNING at a point in the waters of the East River at the intersection of the Bronx-Queens County line and Olmstead Avenue extended, thence northerly through the waters of Pugsley’s Creek, to Lacombe Avenue, to Olmstead Avenue, to Lafayette Avenue, to Pugsley Avenue, to Cross Bronx Expressway, to East One Hundred Seventy-seventh Street, to Devoe Avenue, to East Tremont Avenue, to Bronx Street, to East One Hundred Eightieth Street, to Boston Road, to Bronx Park South, to Southern Boulevard, to Fordham Road, to Pelham Parkway, to Burr Avenue, to Bruckner Expressway, to Middletown Road, to Stadium Avenue, to Watt Avenue, extended to the waters of Long Island Sound, thence northerly and easterly to the Bronx borough line, thence southerly and westerly along said borough line to the point or place of beginning; this District is intended to include that part of the City of New York known as City Island and Hart Island.

   13. Thirteenth district. That part of the Borough of the Bronx bounded by a line described as follows: BEGINNING at a point at the intersection of Sedgwick Avenue and Fordham Road, thence easterly along Fordham Road, to University Avenue, to West Burnside Avenue, to Jerome Avenue, to East One Hundred Sixty-eighth Street, to Grand Concourse, to East One Hundred Seventy-second Street, to Teller Avenue, to East One Hundred Seventieth Street, to East One Hundred Seventy-first Street, to Third Avenue, to Saint Paul’s Place, to Crotona Park South, to Crotona Avenue, to Prospect Avenue, to East One Hundred Sixty-fifth Street, to Westchester Avenue, to East One Hundred Sixty-fifth Street, to Sheridan Expressway, to Cross Bronx Expressway, to Vyse Avenue, to Bronx Park South, to East One Hundred Eighty-second Street, to Quarry Road, to East One Hundred Eighty-first Street, to Third Avenue, to East One Hundred Eighty-second Street, to Park Avenue, to Fordham Road, to Webster Avenue, to East One Hundred Ninety-eighth Street, to Jerome Avenue, to Kingsbridge Road, to University Avenue, to West One Hundred Ninetieth Street, to Webb Avenue, to Sedgwick Avenue, to the point or place of beginning.

   14. Fourteenth district. That part of the Borough of the Bronx bounded by a line described as follows: BEGINNING at a point where the Bronx-Westchester County line intersects the Hutchinson River Parkway, thence southerly along the Hutchinson River Parkway, to the Hutchinson River, thence easterly in the waters of said River, to the Harlem River Division Penn Central Railroad tracks, thence southerly along said Railroad tracks, to Hunter Avenue, to Hutchinson River Parkway, to the New England Thruway, to Conner Street, to Provost Avenue, to Light Street, to Harper Avenue, to Garrett Place, to Pratt Avenue, to East Two Hundred Thirty-third Street, to Monticello Avenue, to Strang Avenue, to Murdock Avenue, to Edenwald Avenue, to Wilder Avenue, to Pitman Avenue, to Barnes Avenue, to East Two Hundred Thirty-third Street, to White Plains Road, to East Two Hundred Thirtieth Street, to Carpenter Avenue, to East Two Hundred Twenty-ninth Street, to Bronx Boulevard, to East Gun Hill Road, to the Harlem Division Penn Central Railroad tracks, to East Two Hundred Eleventh Street, to Perry Avenue, to East Two Hundred Fifth Street, to Bainbridge Avenue, to East Mosholu Parkway South, to Briggs Avenue, to Bedford Park Boulevard, to Grand Concourse, to East One Hundred Ninety-eighth Street, to Webster Avenue, to Fordham Road, to Park Avenue, to East One Hundred Eighty-second Street, to Third Avenue, to East One Hundred Eighty-first Street, to Quarry Road, to East One Hundred Eighty-second Street, to Southern Boulevard, to Fordham Road, to Pelham Parkway, to Burr Avenue, to Bruckner Expressway, to Middletown Road, to Stadium Avenue, to Watt Avenue, extended to the waters of Long Island Sound, thence northerly to the Bronx-Westchester County line, thence westerly along said County line to the point or place of beginning.

   15. Fifteenth district. That part of the Borough of Queens bounded by a line described as follows: BEGINNING at a point in the waters of the Atlantic Ocean, proceeding easterly along the Brooklyn-Queens borough line, into Rockaway Inlet, thence, easterly and northerly along the border of the Brooklyn-Queens borough line, through Spring Creek following the Brooklyn-Queens borough line, to One Hundred Fifty-fifth Avenue, proceeding north on Sapphire Street, to Dumont Avenue, to Ruby Street, to Liberty Avenue, to Drew Street, to Ninety-fifth Avenue, to Eldert Lane, extended to the Brooklyn-Queens borough line, following said Brooklyn-Queens borough line, westerly to Sunnyside Park, north to Robert Place, to Robert Street, to Hendricks Street, to Vermont Avenue, following the Brooklyn-Queens borough line through the Cemetery of the Evergreens, to Irving Avenue, to Eldert Street, to Wycoff Avenue, to Gates Avenue, to Nicholas Avenue, to Menahan Street, to Cypress Avenue, to Stanhope Street, to Grandview Avenue, to Gates Avenue, to Forest Avenue, to Putman Avenue, to Woodward Avenue, to Catalpa Avenue, to Fresh Pond Road, to Myrtle Avenue, to Central Avenue, to Sixty-sixth Street, to Myrtle Avenue, to Eighty-eighth Street, to Eighty-third Drive, to Eighty-ninth Street, to Myrtle Avenue, to Woodhaven Boulevard, to Jamaica Avenue, to Eighty-seventh Street, to Atlantic Avenue, to Ninety-second Street, to Ninety-seventh Avenue, to Eighty-eighth Street, to Rockaway Boulevard, to Cross Bay Boulevard, to North Conduit Avenue, to Cohancy Street, proceeding southerly, to South Conduit Avenue, to Nassau Expressway, to One Hundred Fiftieth Street, running thence easterly and southerly along the northerly and easterly and southerly borders of the John F. Kennedy International Airport, thence following the Queens-Nassau County borderline to the Atlantic Ocean, thence westerly, including that part of the City of New York known as the Rockaways to the point or place of beginning.

   16. Sixteenth district. That part of the Borough of Queens bounded by a line described as follows: BEGINNING at a point where the Queens-Nassau County boundary line intersects Twenty-fourth Avenue, extended into the waters of Little Neck Bay, to the Cross Island Parkway, thence southerly, to Thirty-seventh Avenue, thence easterly across Little Neck Bay along Thirty-seventh Avenue, to Two Hundred Thirty-third Street, to Bay Street, to Two Hundred Thirty-fourth Street, thence westerly across Little Neck Bay, to Forty-first Avenue, to Two Hundred Fifteenth Street, to Northern Boulevard, to Clearview Expressway, to Forty-fifth Road, to Francis Lewis Boulevard, to Forty-fifth Avenue, to One Hundred Ninety-second Street, to Forty-seventh Avenue, to Auburndale Lane, to Meadow Road, to Fresh Meadow Lane, to Long Island Expressway, to Bell Boulevard, to Sixty-seventh Avenue, to Two Hundred Ninth Street, to Richland Avenue, to Hollis Court Boulevard, to Union Turnpike, to Utopia Parkway, southerly, to Home Lawn Street, to One Hundred Seventieth Street, to Jamaica Avenue, to Hollis Avenue, to Ninety-ninth Avenue, to Francis Lewis Boulevard, to Jamaica Avenue, to Two Hundred Eleventh Street, to Hollis Avenue, to Two Hundred Thirteenth Street, to Witthoff Street, to Two Hundred Twelfth Street, to One Hundred Fifteenth Avenue, to Two Hundred Twenty-fourth Street, to One Hundred Fifteenth Road, to Two Hundred Thirtieth Street, to One Hundred Fifteenth Avenue, to Cross Island Parkway, to Queens-Nassau County boundary line, thence proceeding northerly and easterly to the point or place of beginning.

   17. Seventeenth district. That part of the Borough of Queens bounded by a line described as follows: BEGINNING at a point where Jamaica Avenue intersects Sutphin Boulevard, thence along Jamaica Avenue, to Hollis Avenue, to Ninety-ninth Avenue, to Francis Lewis Boulevard, to Jamaica Avenue, to Two Hundred Eleventh Street, to Hollis Avenue, to Two Hundred Thirteenth Street, to Witthoff Street, to Two Hundred Twelfth Street, to One Hundred Fifteenth Avenue, to Two Hundred Twenty-fourth Street, to One Hundred Fifteenth Road, to Two Hundred Thirtieth Street, to One Hundred Fifteenth Avenue, to the Cross Island Parkway, to the Queens-Nassau County boundary line, proceeding southerly along said line to the point where Quigley Boulevard intersects Rockaway Boulevard, thence proceeding northerly and westerly along the John F. Kennedy International Airport, to One Hundred Fiftieth Street, to North Conduit Avenue, to Van Wyck Expressway, to Rockaway Boulevard, to One Hundred Sixteenth Avenue, to Sutphin Boulevard, to the point or place of beginning.

   18. Eighteenth district. That part of the Borough of Queens bounded by a line described as follows: BEGINNING at a point where Jamaica Avenue, intersects Sutphin Boulevard, proceeding easterly along Jamaica Avenue, to One Hundred Seventieth Street, to Hillside Avenue, to Home Lawn Street, to Union Turnpike easterly, to Hollis Court Boulevard, to Richland Avenue, to Two Hundred Tenth Street, to Sixty-seventh Avenue, to Bell Boulevard, to Long Island Expressway westerly to Fresh Meadow Lane, to Booth Memorial Avenue, to One Hundred Sixty-fourth Street, to Oak Avenue, to Parsons Boulevard, to Kalmia Avenue, to One Hundred Fifty-sixth Street, to Forty-sixth Avenue, to Parsons Boulevard, to Forty-fifth Avenue, to Kissena Boulevard, to Elder Avenue, to Main Street, to Peck Avenue, to Elder Avenue, to One Hundred Thirty-third Street, to Booth Memorial Avenue, to College Point Boulevard, to Park Drive East, to the end of Park Drive East, thence easterly along the northern boundary of Grand Central Parkway, to Main Street, to Manton Street, to One Hundred Thirty-fourth Street, to Interborough Parkway, to Park Lane, to Park Lane South, to Metropolitan Avenue, to Van Wyck Expressway, to Altantic Avenue, to One Hundred Twenty-seventh Street, to One Hundred Third Avenue, to One Hundred Thirty-first Street, to One Hundred Ninth Avenue, to One Hundred Twenty-fourth Street, to Rockaway Boulevard, westerly, to One Hundred Twenty-third Street, to One Hundred Thirty-third Avenue, to One Hundred Fourteenth Street, to North Conduit Avenue, to Hawtree Avenue southerly, to Cohancy Street, to Nassau Expressway, to One Hundred Fiftieth Street, to North Conduit Avenue, to Van Wyck Expressway, to Rockaway Boulevard, to One Hundred Sixteenth Avenue, to Sutphin Boulevard, to the point or place of beginning.

   19. Nineteenth district. That part of the Borough of Queens bounded by a line described as follows: BEGINNING at a point where the Queens-Nassau County boundary line intersects Twenty-fourth Avenue, extended into the waters of Little Neck Bay, to Cross Island Parkway, thence southerly, to Thirty-seventh Avenue, thence easterly across Little Neck Bay, along Thirty-seventh Avenue, to Two Hundred Thirty-third Street, to Bay Street, to Two Hundred Thirty-fourth Street, thence westerly across Little Neck Bay, to Forty-first Avenue, to Two Hundred Fifteenth Street, to Northern Boulevard, to Clearview Expressway, to Forty-fifth Road, to Francis Lewis Boulevard, to Forty-fifth Avenue, to One Hundred Ninety-second Street, to Forty-seventh Avenue, to Auburndale Lane, to Meadow Road, to Fresh Meadow Lane, to Booth Memorial Avenue, to One Hundred Sixty-fourth Street, to Oak Avenue, to Parsons Boulevard, to Kalmia Avenue, to One Hundred Fifty-sixth Street, to Forty-sixth Avenue, to Parsons Boulevard, to Forty-fifth Avenue, to Kissena Boulevard, to Elder Avenue, to Main Street, to Peck Avenue, to Elder Avenue, to One Hundred Thirty-third Street, to Booth Memorial Road, to College Point Boulevard, to Long Island Expressway, to the southwest corner of Flushing Meadow Park, proceeding north around said park, to Forty-fifth Avenue, to One Hundred Second Street, to Roosevelt Avenue, to Ninety-ninth Street, to Thirty-fifth Avenue, to Ninety-seventh Street, to Northern Boulevard, to College Point Boulevard, to Whitestone Expressway, to Fourteenth Avenue, to Parsons Boulevard, to Thirteenth Avenue, to One Hundred Forty-seventh Street, to Fourteenth Avenue, to One Hundred Forty-eighth Street, to Fifteenth Avenue, to Francis Lewis Boulevard, to Cross Island Parkway, to One Hundred Fifty-fourth Street, to Twelfth Avenue, to One Hundred Fifty-seventh Street, to Powells Cove Boulevard, to One Hundred Fifty-eighth Street, to Riverside Drive, to One Hundred Sixty-first Street, extended into the East River, thence proceeding easterly and southerly to the point or place of beginning.

   20. Twentieth district. That part of the Borough of Queens bounded by a line described as follows: BEGINNING at a point where the waters of the East River intersects Thirty-third Road, to Vernon Boulevard, to Thirty-fourth Avenue, to Northern Boulevard, to Forty-ninth Street, to Broadway, to Forty-eighth Street, to Thirty-first Avenue, to Brooklyn-Queens Expressway, to Thirtieth Avenue, to Seventy-first Street, to Northern Boulevard, to College Point Boulevard, to Whitestone Expressway, to Fourteenth Avenue, to Parsons Boulevard, to Thirteenth Avenue, to One Hundred Forty-seventh Street, to Fourteenth Avenue, to One Hundred Forty-ninth Street, to Fifteenth Avenue, to Francis Lewis Boulevard, to Cross Island Parkway, to One Hundred Fifty-fourth Street, to Twelfth Avenue, to One Hundred Fifty-seventh Street, to Powells Cove Boulevard, to One Hundred Fifty-eighth Street, to Riverside Drive, to One Hundred Sixty-first Street, extended into the East River, proceeding westerly, along the Bronx-Queens County border, to the point or place of beginning.

   21. Twenty-first district. That part of the Borough of Queens bounded by a line described as follows: BEGINNING at a point where the waters of the East River intersects Thirty-third Road, to Vernon Boulevard, to Thirty-fourth Avenue, to Northern Boulevard, to Forty-ninth Street, to Broadway, to Forty-eighth Street, to Thirty-first Avenue, to Brooklyn-Queens Expressway, to Thirtieth Avenue, southerly to Seventy-first Street, to Thirty-fifth Avenue, to Leverich Street, to Thirty-seventh Avenue, to Eightieth Street, to Forty-first Avenue, to Baxter Avenue, to Woodside Avenue, to Seventy-ninth Street, to Forty-fifth Avenue, to Broadway, to Maurice Avenue, to Queens Boulevard, to Goldsmith Street, to Van Horn Street, to Fifty-sixth Avenue, to Haspel Street, to Fifty-seventh Avenue, to Long Island Expressway, to Eighty-fourth Street, to Caldwell Avenue, to Eightieth Street, to Sixty-second Avenue, to Juniper Boulevard North, to Seventy-fifth Street, to Eliot Avenue, proceeding southerly around Juniper Valley Park, to Juniper Boulevard South, to Seventy-seventh Street, to Furmanville Avenue, to Seventy-ninth Street, to Metropolitan Avenue, to Sixty-ninth Street, to Sixty-third Avenue, to Mount Olivet Crescent, to Sixty-second Avenue, to Sixty-fourth Street, to Metropolitan Avenue, to Sixtieth Street, to Sixtieth Road, to Rust Street, along Bushwick Junction Railroad, to Flushing Avenue, to Fifty-fifth Street, to Arnold Avenue, to Rene Court, to Grandview Avenue, to Stanhope Street, to Cypress Avenue, northerly and westerly along the Kings-Queens border, to the waters of the East River Channel, proceeding northerly to the point or place of beginning.

   22. Twenty-second district. That part of the Borough of Queens bounded by a line described as follows: BEGINNING at the intersection of Metropolitan Avenue and Jamaica Avenue, proceeding along Metropolitan Avenue, to Park Lane South, to Park Lane, to Interborough Parkway, to One Hundred Thirty-fourth Street, to Eighty-third Avenue, to Manton Street, to Main Street, to Grand Central Parkway, along said Parkway, to Union Turnpike, proceeding westerly to Park Drive East, to Long Island Expressway, proceeding westerly on said Expressway, to Ninety-seventh Place, to Sixty-second Drive, to Ninety-seventh Street, to Sixty-third Road, to Queens Boulevard, to Sixty-third Avenue, to Woodhaven Boulevard, to Sixty-seventh Avenue, to Fitchett Street, to Sixty-sixth Road, to Alderton Street, to Dieterle Crescent, to Thornton Place, to Fleet Street, to Selfridge Street, to Metropolitan Avenue, to Woodhaven Boulevard, to Union Turnpike, to Pedestrian Way, thence southerly to Myrtle Avenue, to Woodhaven Boulevard, to Jamaica Avenue, to Eighty-seventh Street, to Atlantic Avenue, to Ninety-second Street, to Ninety-seventh Avenue, to Eighty-eighth Street, to Rockaway Boulevard, to Cross Bay Boulevard, to North Conduit Avenue, to One Hundred Fourteenth Street, to One Hundred Thirty-third Avenue, to One Hundred Twenty-third Street, to Rockaway Boulevard, to One Hundred Twenty-fourth Street, to One Hundred Ninth Avenue, to One Hundred Thirty-first Street, to One Hundred Third Avenue, to One Hundred Twenty-seventh Street, to Atlantic Avenue, to Van Wyck Expressway, to Jamaica Avenue, to the point or place of beginning.

   23. Twenty-third district. That part of the Borough of Brooklyn bounded by a line described as follows: BEGINNING at a point at the Brooklyn-Queens borough line at Sheridan Avenue extended, to Flatlands Avenue, to East One Hundred Third Street, to Glenwood Road, to East One Hundred Fifth Street, to Farragut Road, to East One Hundred Eighth Street, to Stanley Avenue, to Louisiana Avenue, to Dewitt Avenue, to Van Sinderen Avenue, to Linden Boulevard, to Rockaway Avenue, to Ditmas Avenue, to Rockaway Parkway, to Avenue D, to Foster Avenue, to Ralph Avenue, to the Long Island Railroad tracks, to East Fifty-sixth Street extended, to East Fifty-sixth Street, to Avenue D, to Kings Highway, to Foster Avenue, to Utica Avenue, to Glenwood Road, to Flatbush Avenue, to Avenue H, to East Thirty-fourth Street, to Avenue K, to East Thirty-fifth Street, to Avenue M, to East Thirty-sixth Street, to Flatlands Avenue, to East Thirty-seventh Street, to Quentin Road, to Nostrand Avenue, to Gerritsen Avenue, to Batchelder Street, to Avenue V, to Bragg Street, to Avenue X, to Batchelder Street, to Avenue Z, to Nostrand Avenue, to Emmons Avenue, to East Twenty-seventh Street, to Sheepshead Bay, thence easterly along Sheepshead Bay to Knapp Street extended, thence southerly to the Brooklyn borough line, thence easterly and northerly along said borough line to the point or place of beginning.

   24. Twenty-fourth district. That part of the Borough of Brooklyn bounded by a line described as follows: BEGINNING at a point at the Brooklyn-Queens borough line at Sheridan Avenue extended, to Flatlands Avenue, to East One Hundred Third Street, to Glenwood Road, to East One Hundred Fifth Street, to Farragut Road, to East One Hundred Eighth Street, to Stanley Avenue, to Louisiana Avenue, to Dewitt Avenue, to Van Sinderen Avenue, to Linden Boulevard, to Rockaway Avenue, to Ditmas Avenue, to Rockaway Parkway, to Avenue D, to Foster Avenue, to Ralph Avenue, to the Long Island Railroad tracks, to East Fifty-sixth Street extended, to East Fifty-sixth Street, to Avenue D, to East Fifty-fourth Street, to Church Avenue, to East Fifty-fifth Street, to Clarkson Avenue, to Remsen Avenue, to Lenox Road, to East Ninety-sixth Street, to Kings Highway, to East Ninety-eighth Street, to Livonia Avenue, to Saratoga Avenue, to Dumont Avenue, to Rockaway Avenue, to East New York Avenue, to Hopkinson Avenue, to Fulton Street, to Saratoga Avenue, to Broadway, to Jamaica Avenue, to Pennsylvania Avenue, to Liberty Avenue, to Autumn Avenue, to McKinley Avenue, to the Brooklyn-Queens borough line at Drew Street, thence southerly along said borough line to the point or place of beginning.

   25. Twenty-fifth district. That part of the Borough of Brooklyn bounded by a line described as follows: BEGINNING at a point at the intersection of Ocean Parkway and Avenue H, thence along Avenue H to East Eighth Street, to Avenue I, to East Twelfth Street, to Avenue H, to East Seventeenth Street, to Avenue I, to East Twenty-seventh Street to the Long Island Railroad tracks, to Nostrand Avenue, to Avenue H, to Flatbush Avenue, to Glenwood Road, to Utica Avenue, to Foster Avenue, to Kings Highway, to East Fifty-fourth Street, to Church Avenue, to East Fifty-fifth Street, to Linden Boulevard, to East Forty-ninth Street, to Clarkson Avenue, to Flatbush Avenue, to Parkside Avenue, to Parade Place, to Caton Avenue, to Coney Island Avenue, to Church Avenue, to East Fourth Street, to Ditmas Avenue, to East Eighth Street, to Eighteenth Avenue, to Ocean Parkway, to Avenue H, to the point or place of beginning.

   26. Twenty-sixth district. That part of the Borough of Brooklyn bounded by a line described as follows: BEGINNING at a point at the intersection of Broadway and Saratoga Avenue, to Fulton Street, to Hopkinson Avenue, to East New York Avenue, to Rockaway Avenue, to Dumont Avenue, to Saratoga Avenue, to Livonia Avenue, to East Ninety-eighth Street, to Kings Highway, to East Ninety-sixth Street, to Lenox Avenue, to Remsen Avenue, to Clarkson Avenue, to East Fifty-fifth Street, to Linden Boulevard, to East Forty-ninth Street, to Clarkson Avenue, to Flatbush Avenue, to Parkside Avenue, to Ocean Avenue, to Lincoln Road, to Flatbush Avenue, to Washington Avenue, to Lefferts Avenue, to Schenectady Avenue, to Eastern Parkway, to Kingston Avenue, to Pacific Street, to Brooklyn Avenue, to Fulton Street, to Tompkins Avenue, to Jefferson Avenue, to Throop Avenue, to Park Avenue, to Broadway, to the point or place of beginning.

   27. Twenty-seventh district. That part of the Borough of Brooklyn bounded by a line described as follows: BEGINNING at a point at the intersection of Eldert Lane and Ninety-fifth Avenue at the Brooklyn-Queens borough line to Drew Street, to McKinley Avenue, to Autumn Avenue, to Liberty Avenue, to Pennsylvania Avenue, to Jamaica Avenue, to Broadway, to Park Avenue, to Throop Avenue, to Myrtle Avenue, to Bedford Avenue, to Lynch Street, to Broadway, to Berry Street, to Metropolitan Avenue, to Roebling Street, to North Fifth Street, to Havemeyer Street, to Metropolitan Avenue, to Union Avenue, to Powers Street, to Lorimer Street, to Maujer Street, to Leonard Street, to Grand Street, to Morgan Avenue, to Johnson Avenue, to Stewart Avenue, to Flushing Avenue, to Wyckoff Avenue, to Stockholm Street, to the Brooklyn-Queens borough line, thence southerly, easterly, and southerly along said borough line to the point or place of beginning.

   28. Twenty-eighth district. That part of the Borough of Brooklyn bounded by a line described as follows: BEGINNING at a point at the intersection of Lincoln Road and Ocean Avenue, to Flatbush Avenue, to Grand Army Plaza, around the eastern boundary of said Plaza to Vanderbilt Avenue, to Sterling Place, to Flatbush Avenue, to Myrtle Avenue, to Vanderbilt Avenue, to Brooklyn-Queens Expressway, to Flushing Avenue, to Bedford Avenue, to Myrtle Avenue, to Throop Avenue, to Jefferson Avenue, to Tompkins Avenue, to Fulton Street, to Brooklyn Avenue, to Pacific Street, to Kingston Avenue, to Eastern Parkway, to Schenectady Avenue, to Lefferts Avenue, to Washington Avenue, to Flatbush Avenue, to Lincoln Road, to the point or place of beginning.

   29. Twenty-ninth district. That part of the Borough of Brooklyn bounded by a line described as follows: BEGINNING at a point at the Brooklyn borough line in the waters of Buttermilk Channel at Hamilton Avenue extended, to Hamilton Avenue-Ferry Place, to Van Brunt Street, to DeGraw Street, to Court Street, to Douglas Court, to Douglas Street, to Gowanus Canal, to Carroll Street, to Fourth Avenue, to Fifth Street, to Eighth Avenue, to Union Street, to Grand Army Plaza, around the eastern boundary of said Plaza, to Vanderbilt Avenue, to Sterling Place, to Flatbush Avenue, to Myrtle Avenue, to Vanderbilt Avenue, to Brooklyn-Queens Expressway, to Flushing Avenue, to Bedford Avenue, to Lynch Street, to Broadway, to Berry Street, to Metropolitan Avenue, to Roebling Street, to North Fifth Street, to Havemeyer Street, to Metropolitan Avenue, to Union Avenue, to Powers Street, to Lorimer Street, to Maujer Street, to Leonard Street, to Grand Street, to Morgan Avenue, to Johnson Avenue, to Stewart Avenue, to Flushing Avenue, to Wyckoff Avenue, to Stockholm Street, to Brooklyn-Queens borough line, thence northerly westerly, and southerly along the Brooklyn borough line to the point or place of beginning.

   30. Thirtieth district. That part of the Borough of Brooklyn bounded by a line described as follows: BEGINNING at a point at the Brooklyn borough line in the waters of Buttermilk Channel at Hamilton Avenue extended, to Hamilton Avenue-Ferry Place, to Van Brunt Street, to DeGraw Street, to Court Street, to Douglas Court, to Douglas Street, to Gowanus Canal, to Carroll Street, to Fourth Avenue, to Fifth Street, to Eighth Avenue, to Union Street, to Grand Army Plaza, to Flatbush Avenue, to Ocean Avenue, to Parkside Avenue, to Parade Place, to Caton Avenue, to Coney Island Avenue, to Church Avenue, to Dahill Road, to Sixteenth Avenue, to Forty-sixth Street, to Thirteenth Avenue, to Fifty-fifth Street, to Third Avenue, to Fifty-fourth Street, to Second Avenue, to Fifty-seventh Street, extended into the waters of the Upper Bay to the Brooklyn borough line, thence northerly along said borough line to the point or place of beginning.

   31. Thirty-first district. That part of the Borough of Brooklyn bounded by a line described as follows: BEGINNING at a point at the Brooklyn borough line in the waters of the Upper Bay at Fifty-seventh Street extended, to Fifty-seventh Street, to Second Avenue, to Fifty-fourth Street, to Third Avenue, to Fifty-fifth Street, to New Utrecht Avenue, to Sixty-seventh Street, to Eighteenth Avenue, to Sixty-sixth Street, to Nineteenth Avenue, to Seventy-seventh Street, to Twentieth Avenue, to Benson Avenue, to Eighteenth Avenue, to Cropsey Avenue, to Bay Nineteenth Street, to Shore Parkway, to Bay Eighth Street, to Cropsey Avenue, to Fourteenth Avenue, to Poly Place, to Battery Avenue, thence northerly and westerly along the border of the United States Government reservation known as Fort Hamilton, to Gowanus Expressway, to Fort Hamilton Parkway, to One Hundred First Street, to Fourth Avenue, extended into the waters of the Narrows to Brooklyn borough line, thence northerly along said borough line to the point or place of beginning.

   32. Thirty-second district. That part of the Borough of Brooklyn bounded by a line described as follows: BEGINNING at a point at the intersection of Church Avenue and Dahill Road, to East Fourth Street, to Ditmas Avenue, to East Eighth Street, to Eighteenth Avenue, to Ocean Parkway, to Avenue H, to East Eighth Street, to Avenue I, to East Twelfth Street, to Avenue H, to East Seventeenth Street, to Avenue I, to East Twenty-seventh Street, to the Long Island Railroad tracks, to Nostrand Avenue, to Avenue H, to East Thirty-fourth Street, to Avenue K, to East Thirty-fifth Street, to Avenue M, to East Thirty-sixth Street, to Flatlands Avenue, to East Thirty-seventh Street, to Quentin Road, to Nostrand Avenue, to Gerritsen Avenue, to Batchelder Street, to Avenue U, to East Twenty-ninth Street, to Avenue T, to East Sixteenth Street, to Avenue S, to East Fifteenth Street, to Avenue R, to East Twelfth Street, to Quentin Road, to West Twelfth Street, to Kings Highway, to Bay Parkway, to Seventy-seventh Street, to Nineteenth Avenue, to Sixty-sixth Street, to Eighteenth Avenue, to Sixty-seventh Street, to New Utrecht Avenue, to Thirteenth Avenue, to Forty-sixth Street, to Sixteenth Avenue, to Dahill Road, to the point or place of beginning.

   33. Thirty-third district. That part of the Borough of Brooklyn bounded by a line described as follows: BEGINNING at a point at the Brooklyn borough line in the waters of Lower New York Bay at Twenty-sixth Avenue extended, to Twenty-sixth Avenue, to Harway Avenue, to Stillwell Avenue, to Avenue U, to West Ninth Street, to Avenue T, to West Twelfth Street, to Quentin Road, to East Twelfth Street, to Avenue R, to East Fifteenth Street, to Avenue S, to East Sixteenth Street, to Avenue T, to East Twenty-ninth Street, to Avenue U, to Batchelder Street, to Avenue V, to Bragg Street, to Avenue X, to Batchelder Street, to Avenue Z, to Nostrand Avenue, to Emmons Avenue, to East Twenty-seventh Street, to Sheepshead Bay, thence easterly along Sheepshead Bay to Knapp Street extended, thence southerly to the Brooklyn borough line, thence westerly and northerly along said borough line to the point or place of beginning.

   34. Thirty-fourth district. That part of the Borough of Queens bounded by a line described as follows: BEGINNING at a point at the intersection of Northern Boulevard and Seventy-first Street, proceeding easterly to Ninety-seventh Street, to Thirty-fifth Avenue, to Ninety-ninth Street, to Roosevelt Avenue, to One Hundred Second Street, to Forty-fifth Avenue, to One Hundred Eleventh Street, (along outer line of Flushing-Corona Park), to Long Island Expressway, thence westerly, to Ninety-seventh Place, to Sixty-second Drive, to Ninety-seventh Street, to Sixty-third Road, to Queens Boulevard, to Sixty-third Avenue, to Woodhaven Boulevard, to Sixty-seventh Avenue, to Fitchett Street, to Sixty-sixth Road, to Alderton Street, to Dieterle Crescent, to Thornton Place, to Fleet Street, to Selfridge Street, to Metropolitan Avenue, to Woodhaven Boulevard, to Union Turnpike, to Pedestrian Way, thence south and southeast, along the line of Forest Park, to Myrtle Avenue, to Eighty-ninth Street, to Eighty-third Drive, to Eighty-eighth Street, to Myrtle Avenue, to Sixty-sixth Street, to Central Avenue, to Sixty-first Street, to Fresh Pond Road, to Catalpa Avenue to Woodward Avenue, to Putnam Avenue, to Forest Avenue, to Gates Avenue, to Grandview Avenue, to Rene Court, to Metropolitan Avenue, to Arnold Avenue, to Fifty-fifth Street, to Flushing Avenue, to Rust Street, to Andrews Street, to Forest Avenue, to Metropolitan Avenue, thence easterly, to Sixty-fourth Street, to Sixty-second Avenue, to Mount Olivet Crescent, to Sixty-third Avenue, to Sixty-ninth Street, to Metropolitan Avenue, to Seventy-ninth Street, to Furmanville Avenue, to Seventy-seventh Street, to Juniper Boulevard South, thence westerly to Sixty-second Drive, thence northerly and easterly around Juniper Valley Park along Juniper Boulevard North, to Sixty-second Avenue, to Eightieth Street, to Caldwell Avenue, to Eighty-fourth Street, to Long Island Expressway, to Long Island Railroad Cut, to Fifty-seventh Avenue, crossing the Long Island Railroad Cut, to Fifty-sixth Street, to Van Horn Street, to Grand Avenue, to Goldsmith Street, to Queens Boulevard, to Maurice Avenue, to Broadway to Forty-fifth Avenue, to Seventy-ninth Street, to Woodside Avenue, to Baxter Avenue, to Forty-first Avenue, to Eightieth Street, to Thirty-seventh Avenue, to Leverich Street, to Thirty-fifth Avenue, to Northern Boulevard, to the point or place of beginning.

   35. Thirty-fifth district. That part of the Borough of Staten Island bounded by a line described as follows: BEGINNING at a point in waters of Arthur Kill between border lines of New Jersey, and Richmond County, at Goethals Bridge, proceeding southeast, to Railroad cut, then proceeding east, to Gulf Avenue, to Staten Island Expressway, to Bengal Avenue, to Fahy Avenue, to Arlene Street, to Lander Avenue, to Richmond Avenue, to Victory Boulevard, to Willowbrook Road, to Watchogue Road, to Victory Boulevard, to Manor Road, to Ocean Terrace, to Todt Hill Road, to Richmond Road, proceeding northerly, to Cromwell Avenue, to Hylan Boulevard, to Old Town Road, to Staten Island Rapid Transit Line, proceeding north on Staten Island Rapid Transit Line, to West Fingerboard Road, to Steuben Street, to Hylan Boulevard, to Hickory Avenue, to McClean Avenue, to Lily Pond Avenue, extended to waters of Atlantic Ocean; thence northerly and westerly through the Narrows, through the Kill Van Kull Waters, including the entire part of the City of New York known as Snooter’s Island, to the waters of the Arthur Kill, to the point or place of beginning; this district is further intended to include that part of the Borough of Brooklyn bounded by a line described as follows: BEGINNING at a point at the Brooklyn borough line in the waters of Gravesend Bay at Twenty-sixth Avenue, extended to Harway Avenue, to Stillwell Avenue, to Avenue U, to West Ninth Street, to Avenue T, to West Twelfth Street, to Kings Highway, to Bay Parkway, to Seventy-seventh Street, to Twentieth Avenue, to Benson Avenue, to Eighteenth Avenue, to Cropsey Avenue, to Bay Nineteenth Street, to Shore Parkway, to Shore Road extension, to Bay Eighth Street, to Cropsey Avenue, to Fourteenth Avenue, to Poly Place, to Battery Avenue, thence northerly and westerly along the border of the United States Government reservation known as Fort Hamilton, to Gowanus Expressway, to Fort Hamilton Parkway, to One Hundred First Street, to Fourth Avenue, extended in the waters of The Narrows, at the Brooklyn borough line, thence projected into the waters of the Lower Bay, on the north side of and parallel to the Verrazano Narrows Bridge thence southerly and easterly to the point or place of beginning.

  1. If any numbered paragraph of subdivision a of this section or any clause, sentence or part of any such numbered paragraph shall be adjudged by a court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate any other numbered paragraph of subdivision a of this section, but shall be confined in its operation to the numbered paragraph which was directly involved in the controversy or of which a clause, sentence, or part was directly involved in such controversy.
  2. The provisions of this section shall apply to the nomination and election of council members at the primary and general election in the year nineteen hundred eighty-one and thereafter and elections by the voters for the filling of vacancies in the offices of the council members so elected arising otherwise than by expiration of the term, for the balance thereof.

§ 3-203 Public advocate; member of all committees.

The public advocate, ex-officio, shall be a member of all the committees thereof.

§ 3-204 Salaries; additional compensation for officers of council.

The mayor, pursuant to the provisions of section one hundred twenty-three of the charter, may fix any additional remuneration to be paid to the vice-chairman of the council, the leader of the dominant minority party, the chairperson of the finance committee, the chairperson of the general welfare committee, and during a vacancy in the office of mayor or the office of public advocate, the person designated to act as leader of the majority party, over and above the salaries paid to them as council members.

§ 3-204.1 Transfer and disposal of surplus old desks and chairs, councilmanic chambers.

  1. The commissioner of citywide administrative services in the case of the disposal of surplus old desks and chairs no longer needed for use of the city council in the councilmanic chambers shall transfer such chairs and desks to the control and custody of the city clerk, clerk of the council.
  2. The city clerk, clerk of the council, shall have the power, upon request, to transfer and deliver one such desk and/or chair in the following order of priority: (1) museum of the city of New York; (2) metropolitan museum of art; (3) New York historical society; (4) present member of the council; (5) former member of the council. Such museum, member of the council or former member of the council shall file its or his or her written request with the city clerk, clerk of the council, accompanied with the sum of ten dollars per desk or chair, which sums shall be deposited with the commissioner of finance, except that the aforesaid museums and historical society shall not be required to pay anything.
  3. The provisions of this section shall be effective notwithstanding the provisions of any general or special law or provision or regulation relating to the disposal of personal property and any such statute or part or parts thereof, relating to such disposal of surplus material, insofar as they are inconsistent with the provisions of this section, are hereby superseded.

§ 3-204.2 Transfer of councilmanic chairs at termination of office.

(a) The city clerk, clerk of the council shall have the power at the request of any member of the council who shall hereafter resign or whose term of office shall hereafter terminate, or a surviving spouse or domestic partner of such member, to sell and transfer to such member or to such surviving spouse or domestic partner the chair last occupied by such member in the councilmanic chamber for the fair market value as determined by the commissioner of citywide administrative services, depositing any monies received from such sale with the commissioner of finance; provided however, that a written request therefore accompanied by the payment herein provided be submitted to the city clerk, clerk of the council within sixty days after any such resignation or termination of term of office. The commissioner of citywide administrative services shall upon notice from the city clerk, clerk of the council make prompt replacement of such chair so transferred or sold.
  1. The provisions of this section shall apply solely to members of the council who have been elected at a general election.
  2. The provision of this section shall be effective notwithstanding the provisions of any general or special law or provision or regulation relating to the disposal of personal property and any such statute, or part, or parts thereof are hereby superseded.

§ 3-204.3 Workers’ compensation for city council employees.

  1. As used in this section, the term “city council employees” shall include all duly sworn members of the city council as well as all salaried employees who comprise the staff of the city council on a full-time or part-time basis.
  2. Pursuant to the authorization contained in group nineteen of subdivision one of section three of the state workers’ compensation law, the coverage of the workers’ compensation law is extended to cover all city council employees.

§ 3-204.4 Representation; council members.

Council Members shall be represented by the corporation counsel and indemnified by the city pursuant to Section 50-k of the General Municipal Law, subject to the conditions contained therein, for actions undertaken in the performance of their constituent responsibilities.

§ 3-205 City clerk; employees; bonds.

Each of the following officers or employees in the office of the city clerk shall execute a bond to the city, conditioned for the faithful performance of the duties of his or her office, with one or more sureties, to be approved by the comptroller, in the penal sum as follows: city clerk, twenty thousand dollars; city clerk’s cashier, and assistant cashier, three thousand dollars each; deputy city clerk, borough of Brooklyn, five thousand dollars; deputy city clerks, boroughs of the Bronx, Queens, and Staten Island, one thousand dollars each.

§ 3-206 City clerk; proceedings of council.

Immediately after the adjournment of each meeting of the council, the city clerk shall prepare a brief extract, omitting technical and formal details, of all resolutions and local laws introduced or passed, all recommendations of committees, all final proceedings and full copies of all messages from the mayor and all reports of city agencies. The city clerk shall forthwith transmit the same for publication in the City Record to the director thereof.

§ 3-207 City clerk; fees.

The city clerk shall collect the following fees:

  1. For a copy of any book, account, record or paper other than a marriage record filed in the city clerk’s office, one dollar for each photocopy;
  2. For a certification of any book, account, record, or paper other than a marriage record filed in the city clerk’s office, fifty cents and five cents in addition for each folio in excess of five;
  3. For each bond filed in the city clerk’s office, twenty-five cents;
  4. For filing of all other papers, required by law to be filed in the city clerk’s office nine dollars;
  5. For a certificate of appointment of a commissioner of deeds, fifty cents;
  6. For a certified extract from any marriage record file in the city clerk’s office, ten dollars;
  7. For any certifications furnished by the city clerk, one dollar for each such certification;
  8. For certification of marriage status to be used by applicant in foreign jurisdictions fifteen dollars;
  9. In any instance where the personal hand signature of the city clerk or his or her first deputy is requested, ten dollars;
  10. For filing an application for correcting a marriage record, pursuant to section twenty of the domestic relations law, forty dollars, which shall include a photostatic copy of the existing marriage record and the issuance of a new amended certificate. Such fee shall not be returned in the event of the application is rejected for insufficiency or other pertinent reason. Upon denial of such application, ten dollars shall be refunded;
  11. For solemnization of marriage pursuant to section eleven-a of the domestic relations law, twenty-five dollars;
  12. For issuance of a certificate of marriage registration pursuant to section fourteen-a of the domestic relations law, ten dollars.
  13. For issuance of a second or subsequent certificate of marriage registration or a photograph, microphotograph or photocopy of the original marriage license pursuant to section fourteen-a of the domestic relations law, ten dollars.
  14. For persons registering to perform marriage ceremonies with the clerk of the city of New York pursuant to section 11-b of the domestic relations law, fifteen dollars.

§ 3-207.1 Marriage notification.

  1. The city clerk shall prominently post the following information on the section(s) of the city clerk’s website, or any successor website maintained by or on behalf of the city clerk or a successor officer, relating to marriage, domestic partnerships or other similar subjects: (i) a list of all domestic and international jurisdictions that perform same sex marriages; and (ii) the following text: “Lawfully married individuals, including individuals in same sex marriages, are entitled to more New York State rights and benefits than those registered as domestic partners here in New York City. If an individual lawfully enters into a same sex marriage in a jurisdiction outside New York, they are entitled to most of the New York State rights and benefits available to people lawfully married in New York. If you are considering entering into a marriage in one of the jurisdictions listed above, it is recommended that you contact that jurisdiction beforehand in order to learn about any applicable marriage requirements or restrictions.”
  2. All information required to be made available on the internet pursuant to this local law shall also be prominently displayed and distributed free of charge in hard copy at the marriage bureau in the city clerk’s office.
  3. The obligations of the city clerk under this section shall be continuing and the city clerk shall make all reasonable efforts to ensure that all information provided pursuant to this section is accurate and current and shall update such information as appropriate.

§ 3-208 Local laws; public hearings; publication of notice.

The notice prescribed in subdivision five of section twenty of the municipal home rule law shall be published in the City Record and in such daily newspaper or newspapers, published in the city of New York, as shall be selected by the mayor for that purpose.

§ 3-209 [Young adult voter registration.]

  1. Short title. This section shall be known and may be cited as the “Young Adult Voter Registration Act.”
  2. Registration of voters. Each public or private high school within the city shall make available during the school year to seniors such materials as may be published by the board of elections relating to voter registration and, where appropriate, shall provide applications for registration and enrollment, and may assist in the execution of such applications.
  3. Registration of graduating seniors. The department of education of the city of New York shall provide a postage paid board of elections of the city of New York voter registration form to each graduating student who receives a high school diploma, including but not limited to a Regents, local, general equivalency or Individualized Education Program diploma. The department shall deliver such voter registration form to each graduating student at the same time and in the same manner as it delivers diplomas to each such student.
  4. Forms to be available at school. The department of education of the city of New York shall ensure that postage paid board of elections voter registration forms are available in the main or central office of each high school under the jurisdiction of the department for students who wish to obtain one. The department shall also ensure that each such high school provides adequate notice to its students of the availability of such forms in its main or central office.
  5. Sufficient quantity of forms. The department shall request from the board of elections of the city of New York a sufficient quantity of voter registration forms to meet the requirements of this subdivision.

§ 3-209.1 Distribution of library card application materials.

  1. Definitions. For the purposes of this section, the following terms shall be defined as follows:

   1. “Department” shall mean the department of education.

   2. “Public library systems” shall mean the New York Public Library, the Brooklyn Public Library and the Queens Borough Public Library.

   3. “School” shall mean any public school in the city of New York under the jurisdiction of the department of education that contains any combination of grades from and including pre-kindergarten through grade twelve.

   4. “Participating agencies” shall mean the administration for children’s services, the department of homeless services, the department of youth and community development and the human resources administration.

   5. “Young person” shall mean any person under the age of 24.

  1. The department and participating agencies, in consultation with the public library systems, shall obtain from the public library systems or develop written or electronic materials containing information regarding each public library system and how students and young persons can obtain a library card. At a minimum, such written or electronic materials shall include: (i) a description of the public library system; (ii) an application for a library card; and (iii) instructions on how to obtain a library card. Such written or electronic materials shall be produced and distributed by the department to each school for distribution to every student of such school upon his or her entry into pre-kindergarten, kindergarten, grade six and grade nine and to every student upon his or her entry into a school as a new student; and obtained or produced and made available by participating agencies for every young person who receives services from such agencies. In addition, the department and participating agencies shall make such materials conspicuously available on their respective websites.
  2. The department shall ensure that written or electronic materials developed pursuant to subdivision b of this section are provided to all schools in sufficient quantity to satisfy the requirements of subdivisions b and d of this section.
  3. The department shall ensure that such written materials are available in the main or central office in each school for students and parents who wish to obtain such materials.
  4. Participating agencies may include instructions in all new or renewed agreements with contractors and subcontractors having regular contact with young persons in the administration of their business to follow the guidelines of subdivision b of this section.

§ 3-209.2 Distribution of college-savings plan materials in schools.

  1. Definitions. For the purposes of this section:

   Department. The term”department” means the department of education.

   School. The term”school” means a public school of the city school district of the city of New York that contains any combination of grades from and including pre-kindergarten through grade twelve.

  1. The department shall develop educational materials regarding college savings plans. At a minimum, such materials shall include the following:

   1. Information regarding college savings programs available to students and their family members including, but not limited to, New York’s 529 college savings program;

   2. Information regarding tuition at colleges under the authority of the city university of New York and at colleges under the authority of the state university of New York and financial aid eligibility; and

   3. Information regarding other resources available to parents and students regarding financial planning for post-secondary education, including education at colleges, universities and vocational schools.

  1. Such materials shall be produced and distributed by the department to each school for distribution to every student of such school upon his or her entry into pre-kindergarten, kindergarten, grade six and grade nine and to every student upon his or her entry into a school as a new student, and such materials shall be made available in English and in additional languages as determined by the department.
  2. The department shall ensure that materials developed pursuant to subdivision b of this section are provided to all schools in sufficient quantity to satisfy the requirements of subdivisions c and e of this section.
  3. The department shall ensure that such written materials are available in the main or central office in each school and that such materials are available on the department’s website for students and parents who wish to obtain such materials.

§ 3-210 Registration of voters. [Repealed]

  1. Employees. The council shall require that any applicant or appointee for future employment by the council be fingerprinted as part of the application process. Such fingerprints and physical descriptive data are to be provided for the purpose of securing criminal history records from the state division of criminal justice services. The applicant shall pay a processing fee as required by the state division of criminal justice services. Notwithstanding the foregoing, the council need not require applicants or appointees under this subdivison to be fingerprinted if criminal history records concerning such applicants or appointees are not made available by the state division of criminal justice services.
  2. Other Persons. The council may require that any candidate for direct appointment, designation, nomination, recommendation and advice and consent by the council as required by state legislation, the charter or administrative code be fingerprinted as part of the background investigation. Such fingerprints are to be provided for the purposes of securing criminal history records from the state division of criminal justice services. The applicant may pay a processing fee as required by the state division of criminal justice services. Notwithstanding the foregoing, the council need not require candidates under this subdivision to be fingerprinted if criminal history records concerning such candidates are not made available by the state division of criminal justice services.

Subchapter 2: Regulation of Lobbying

§ 3-211 Definitions.

Whenever used in this subchapter, the following words and phrases shall be construed as defined in this section:

  1. The term “lobbyist” shall mean every person or organization retained, employed or designated by any client to engage in lobbying. The term “lobbyist” shall not include any officer or employee of the city of New York, the State of New York, any political subdivision of the State, or any public corporation, agency or commission, or the United States when discharging his or her official duties.
  2. The term “client” shall mean every person or organization who retains, employs or designates any person or organization to carry on lobbying activities on behalf of such client.
    1. The term “lobbying” or “lobbying activities” shall mean any attempt to influence:

      (i) any determination made by the city council or any member thereof with respect to the introduction, passage, defeat, or substance of any local legislation or resolution,

      (ii) any determination made by the mayor to support, oppose, approve, or disapprove any local legislation or resolution, whether or not such legislation or resolution has been introduced in the city council,

      (iii) any determination made by an elected city official or an officer or employee of the city with respect to the procurement of goods, services or construction, including the preparation of contract specifications, or the solicitation, award or administration of a contract, or with respect to the solicitation, award or administration of a grant, loan, or agreement involving the disbursement of public monies,

      (iv) any determination made by the mayor, the city council, the city planning commission, a borough president, a borough board or a community board with respect to zoning or the use, development or improvement of real property subject to city regulation,

      (v) any determination made by an elected city official or an officer or employee of the city with respect to the terms of the acquisition or disposition by the city of any interest in real property, with respect to a license or permit for the use of real property of or by the city, or with respect to a franchise, concession or revocable consent,

      (vi) the proposal, adoption, amendment or rejection by an agency of any rule having the force and effect of law,

      (vii) the decision to hold, timing or outcome of any rate making proceeding before an agency,

      (viii) the agenda or any determination of a board or commission,

      (ix) any determination regarding the calendaring or scope of any city council oversight hearing,

      (x) the issuance, repeal, modification or substance of a mayoral executive order, or

      (xi) any determination made by an elected city official or an officer or employee of the city to support or oppose any state or federal legislation, rule or regulation, including any determination made to support or oppose that is contingent on any amendment of such legislation, rule or regulation, whether or not such legislation has been formally introduced and whether or not such rule or regulation has been formally proposed.

   (2) The definition of the term “lobbying” or “lobbying activities” shall not apply to any determination in an adjudicatory proceeding.

   (3) The following persons and organizations shall be deemed not to be engaged in “lobbying activities”:

      (i) persons engaged in advising clients, rendering opinions and drafting, in relation to proposed legislation, resolutions, rules, rates, or other proposed legislative, executive or administrative action, where such persons do not themselves engage in an attempt to influence such action;

      (ii) newspapers and other periodicals and radio and television stations, and owners and employees thereof, provided that their activities are limited to the publication or broadcast of news items, editorials or other comment, or paid advertisements;

      (iii) persons who participate as witnesses, attorneys or other representatives in public rule making or rate making proceedings of an agency, with respect to all participation by such persons which is part of the public record thereof and all preparation by such persons for such participation;

      (iv) persons who appear before an agency in an adjudicatory proceeding;

      (v) persons who prepare or submit a response to a request for information or comments by the city council or one of its committees, the mayor, or other elected city official or an agency;

      (vi) (A) contractors or prospective contractors who communicate with or appear before city contracting officers or employees in the regular course of procurement planning, contract development, the contractor selection process, the administration of a contract, or the audit of a contract, when such communications or appearances are made by such contractors or prospective contractors personally, or through;

            1. such officers and employees of the contractors or prospective contractor who are charged with the performance of functions relating to contracts:

            2. subcontractors or prospective subcontractors who are or will be engaged in the delivery of goods, services or construction pursuant to the contract of such officers and employees of the subcontractor or prospective subcontractor who are charged with the performance of functions relating to contracts; or

            3. persons who provide technical or professional services, as defined in clause (B) of this subparagraph, on behalf of such contractor, prospective contractor, subcontractor or prospective subcontractor.

         (B) For the purposes of clause (A) of this subparagraph:

            1. “technical services” shall be limited to advice and analysis directly applying any engineering, scientific, or other similar technical discipline;

            2. “professional services” shall be limited to advice and analysis directly applying any legal, accounting or other similar professional discipline in connection with the following elements of the procurement process only: dispute resolution, vendor protests, responsiveness and responsibility determinations, determinations of prequalification, suspensions, debarments, objections to registration pursuant to section 328 of the charter, contract interpretation, negotiation of contract terms after the award of a contract, defaults, the termination of contracts and audit of contracts. Any person who provides professional services pursuant to this subparagraph in connection with elements of the procurement process not specified above in this item, whether prior to, in connection with or after the award of a contract, shall be deemed to be engaged in lobbying activities, unless such person is deemed not to be engaged in lobbying activities under another provision of this paragraph; and

            3. “city contracting officers or employees” shall not include elected officials or deputies of elected officials or any person not duly authorized to enter into and administer contracts and make determinations with respect thereto;

      (vii) persons or organizations who advertise the availability of goods or services with fliers, leaflets or other advertising circulars;

      (viii) architects and engineers who communicate with or appear before a community board with respect to any action of such board, provided that the proceeding before the final decision-making board or commission to which the action relates is an adjudicatory proceeding;

      (ix) architects and engineers who perform design work and draft plans pursuant to their state-issued professional license, or persons who work under the direct supervision of an architect or engineer who holds such a license, even if such work is preceded or followed by lobbying or lobbying activity as defined in paragraph one of this subdivision;

      (x) (A) architects and engineers who communicate with or appear before boards or commissions with respect to:

            1. an authorization by the city planning commission pursuant to the zoning resolution designated as minor by the city clerk; or

            2. a decision related to real property by any other board or commission designated as minor by the city clerk.

         (B) For the purposes of clause (A) of this subparagraph, the city clerk shall promulgate rules designating authorizations and decisions as “minor” based on the following factors:

            1. the size and cost of the relevant project;

            2. the size, class, and/or value of the property to which the relevant project relates; and

            3. the size of the architecture or engineering firm typically involved in the type of project at issue.

         (C) For the purposes of this subparagraph, “class” shall mean any of the classes of property defined in section 1802 of the real property tax law; and

      (xi) architects and engineers, or their designees, who perform work, including communications with and appearances before boards or commissions, on capital projects under the direction of a city agency, provided that such work is performed pursuant to a contract, or subcontract of such contract, between such architects or engineers and the city agency directing such capital project.

  1. The term “organization” shall include any corporation, company, foundation, association, labor organization, firm, partnership, society, or joint stock company.
  2. The term “compensation” shall mean any salary, fee, gift, payment, subscription, loan, advance or any other thing of value paid, owed, given or promised by the client to the lobbyist for the purpose of lobbying.
  3. The terms “expenditure” or “expense” shall mean any expenditures or expenses, respectively, incurred by or reimbursed to the lobbyist for lobbying.
  4. The term “public servant” shall mean a public servant as defined in subdivision nineteen of section two thousand six hundred one of the charter.
  5. The term “fundraising activities” shall mean solicitation or collection of contributions for a candidate for nomination for election, or election, to the office of mayor, public advocate, comptroller, borough president or member of the city council, or for the political committee of any such candidate by a lobbyist, or the solicitation or collection of contributions for any public servant who is a candidate for nomination for election, or election, to any elective office, or for the political committee of any such candidate by a lobbyist. For purposes of this subchapter, the term “contribution” shall have the meaning set forth in subdivision eight of section 3-702 of the administrative code, and the term “political committee” shall have the meaning set forth in subdivision eleven of such section. The term “lobbyist” shall mean a lobbyist as defined in subdivision (a) of this section and the spouse or domestic partner and unemancipated children of the lobbyist, and if the lobbyist is an organization, the term “lobbyist” shall mean only that division of the organization that engages in lobbying activities and any officer or employee of such lobbyist who engages in lobbying activities of the organization or is employed in an organization’s division that engages in lobbying activities of the organization and the spouse or domestic partner and unemancipated children of such officers or employees.
  6. The term “political consulting activities” shall mean the activities of a lobbyist who for compensation by or on behalf of the candidate or elected official, as applicable, (i) participates in the campaign of any candidate for nomination for election, or election, to the office of mayor, public advocate, comptroller, borough president or member of the city council by providing political advice, or (ii) participates in the campaign of any public servant who is a candidate for nomination for election, or election, to any elective office by providing political advice, or (iii) provides political advice to the mayor, public advocate, comptroller, borough president or member of the city council.
  7. The terms “architect” or “architecture firm” shall include landscape architects and landscape architecture firms, respectively.

§ 3-212 Powers and duties of the city clerk.

(a) In addition to any other powers and duties specified by law, the city clerk shall have the power and duty to administer and enforce all the provisions of this subchapter, subpoena witnesses and records, issue advisory opinions to those under its jurisdiction, conduct any investigation and audits necessary to carry out the provisions of this subchapter, prepare uniform forms for the statements and reports required by this subchapter and promulgate such rules as he or she deems necessary for the proper administration of this subchapter.
  1. In addition to any audits required to enforce the provisions of this subchapter, the city clerk shall conduct random audits of the statements and reports required to be filed by lobbyists and clients pursuant to this subchapter. The city clerk shall select statements and reports for random audit in a manner pursuant to which the identity of any particular lobbyist or client whose statements or reports are selected for audit is unknown to the city clerk. In conducting such random audits, the city clerk shall require the production of such witnesses and records as may have been relevant to the preparation of the statements or reports audited.
  2. The city clerk shall prepare and post on the internet an annual report relating to the administration and enforcement of the provisions of this subchapter. Such report shall contain information regarding (i) the number of complaints received from the public and the disposition of such complaints; (ii) the number and amount of civil penalties imposed pursuant to subdivisions (a), (b), (c) and (d) of section 3-223 of this subchapter; (iii) the number and duration of orders issued pursuant to subdivision (a) of section 3-223 of this subchapter; (iv) the number of random audits conducted by the city clerk and outcomes thereof; (v) compliance programs developed and implemented for lobbyists and clients; (vi) the types and number of requests for assistance related to the lobbying law received by the city clerk, and, as soon as practicable, the average response and resolution times of such requests; (vii) the number of lobbyists filing statements of registration pursuant to section 3-213 of this subchapter for the first time; (viii) the subject matter of lobbying activity most frequently reported by lobbyists; (ix) the lobbying targets most frequently reported by lobbyists; (x) the lobbyists that received the highest compensation; and (xi) such other information and analysis as the city clerk deems appropriate. Such report shall be posted on the internet no later than March first of each year and shall contain information relating to the preceding calendar year.
  3. The city clerk shall, as soon as practicable after the issuance of an order pursuant to subdivision (a) of section 3-223 of this subchapter or imposition of a civil penalty pursuant to subdivision (a), (b), (c) or (d) of section 3-223 of this subchapter, post on the internet information identifying the lobbyist or client who committed the violation that resulted in the issuance of such order or imposition of such penalty, the provision of law violated, the duration of such order or the amount of such penalty.
    1. The city clerk shall develop a protocol to review sources of information that may assist the city clerk in identifying lobbyists required to file statements of registration pursuant to section 3-213 of this subchapter who have not filed. Such review shall include, but need not be limited to, the following sources:

      (i) statements of registration filed with the state joint commission on public ethics pursuant to section 1-e of the legislative law that contain information indicating that the lobbyist expects to engage in “lobbying” or “lobbying activities” as defined in paragraph one of subdivision c of section 3-211 of this subchapter;

      (ii) notices of appearances compiled by city agencies, including, but not limited to, the landmarks preservation commission and the city planning commission, identifying the representative of an applicant; and

      (iii) the “doing business database” as defined in subdivision twenty of section 3-702 of the code.

   (2) The city clerk shall work with city agencies and the city council to develop notices and advertisements to be placed in print and electronic media intended to reach persons and organizations doing business with the city that will inform them of the requirements set forth in this subchapter.

  1. The city clerk shall develop an online training program for lobbyists. Such program shall include information and training regarding conduct that may subject lobbyists and clients to the criminal and civil penalties set forth in this subchapter. As soon as practicable, the city clerk, in conjunction with the department of investigation, shall incorporate an anti-corruption component in such training.
  2. Between thirty-six and forty-eight months after the effective date of the section of the local law that amended this subdivision, the mayor and the city council shall jointly appoint a commission to review and evaluate the activities and performance of the city clerk in implementing the provisions of this subchapter. Within six months of such appointment the commission shall report to the mayor and city council on its review and evaluation which report shall include any administrative and legislative recommendations on improving the administration and enforcement of this subchapter. The commission shall be comprised of five members and the mayor and the city council shall jointly designate a chair from among the members.

§ 3-213 Statement of registration.

(a) (1) Every lobbyist shall annually file with the city clerk, on forms prescribed by the city clerk, a statement of registration for each calendar year, provided, however, that the filing of such statement of registration shall not be required of any lobbyist who in any year does not earn or incur an amount in excess of five thousand dollars or, if the lobbyist is an architect or engineer, or an architecture or engineering firm, ten thousand dollars, of combined reportable compensation and expenses, as provided in paragraph five of subdivision (b) of section 3-216 of this subchapter, for the purposes of lobbying.

   (2) Such filing shall be completed on or before January fifteenth by those persons who have been retained, employed or designated as lobbyists on or before December thirty-first of the previous calendar year who reasonably anticipate that in the coming year they will earn or incur combined reportable compensation and expenses in an amount in excess of five thousand dollars or, if the lobbyist is an architect or engineer, or an architecture or engineering firm, ten thousand dollars. For those lobbyists retained, employed or designated after December thirty-first, and for those lobbyists who, subsequent to their retainer, employment or designation, reasonably anticipate combined reportable compensation and expenses in excess of such amount, such filing must be completed within fifteen days thereafter.

   (3) Before a lobbyist files a statement of registration pursuant to paragraph one of this subdivision, the lobbyist and its client shall enroll in the electronic filing system.

  1. Such statements of registration shall be kept in electronic form in the office of the city clerk and shall be available for public inspection.
  2. Such statement of registration shall contain:

   (1) the name, home and business addresses and business telephone number of the lobbyist and the name and home and business addresses of the spouse or domestic partner of the lobbyist, and if the lobbyist is an organization the name, home and business addresses and business telephone number of any officer or employee of such lobbyist who engages in any lobbying activities or who is employed in an organization’s division that engages in lobbying activities of the organization and the name and home and business addresses of the spouse or domestic partner of such officers or employees, provided that, notwithstanding any provision of this subchapter to the contrary, the home address of the lobbyist, including, if the lobbyist is an organization, the home address of any officer or employee of such lobbyist who engages in any lobbying activities or who is employed in an organization’s division that engages in lobbying activities of the organization, and the names and home and business addresses of spouses and domestic partners of such lobbyists, officers and employees, whether contained in an original or amended statement of registration, shall not be made available to the public, but may be accessed by the campaign finance board for the sole purpose of determining whether a campaign contribution is matchable pursuant to section 3-702 of the New York City campaign finance act; provided, however, that notwithstanding any other provision of law, in making information on campaign contributions publicly available, the campaign finance board shall not disclose that any specific contributor is the spouse, domestic partner or unemancipated child of such a lobbyist, officer or employee;

   (2) the name, address and telephone number of the client by whom or on whose behalf the lobbyist is retained, employed or designated;

   (3) if such lobbyist is retained or employed pursuant to a written agreement of retainer or employment, a copy of such shall also be attached and if such retainer or employment is oral, a statement of the substance thereof;

   (4) a written authorization from the client by whom the lobbyist is authorized to lobby, unless such lobbyist has filed a written agreement of retainer or employment pursuant to paragraph three of this subdivision;

   (5) a description of the subject or subjects on which the lobbyist is lobbying or expects to lobby, including information sufficient to identify the local law or resolution, procurement, real property, rule, rate making proceeding, determination of a board or commission, or other matter on which the lobbyist is lobbying or expects to lobby;

   (6) the names of the persons and agencies before which the lobbyist has lobbied or expects to lobby;

   (7) if the lobbyist has a financial interest in the client, direct or indirect, information as to the extent of such interest and the date on which it was acquired; and

   (8) if the lobbyist is retained, employed or designated by more than one client, a separate statement of registration shall be required for each such client.

    1. Whenever there is a change in the information filed by the lobbyist in the statement of registration, other than a change to information submitted pursuant to paragraphs five and six of subdivision (c) of this section, an amended statement shall be submitted to the city clerk on forms prescribed by the city clerk within ten days after such change occurs, except as provided in paragraph two of this subdivision.

   (2) Whenever a contribution, as defined in subdivision eight of section 3-702 of the New York City campaign finance act, is made by the unemancipated child of a lobbyist or by the unemancipated child of the spouse or domestic partner of a lobbyist or, if the lobbyist is an organization, by the unemancipated child of any officer or employee of such lobbyist who engages in lobbying activities or who is employed in an organization’s division that engages in lobbying activities of the organization or by the unemancipated child of the spouse or domestic partner of any such officer or employee, in the calendar year for which a statement of registration is filed, the lobbyist shall file an amended statement of registration within forty-eight hours of the making of such contribution. Such amended statement of registration shall contain the name and the home address of such unemancipated child and the home and business addresses of the unemancipated child’s parent, if such parent’s home and business addresses were reported pursuant to paragraph one of subdivision (c) of this section. Such amendment shall not require the lobbyist to amend the entire registration form. If such contribution was made in the calendar year for which a statement of registration is filed, but before the filing of such statement of registration, then the original statement of registration shall contain the name and the home address of such unemancipated child and the home and business addresses of the unemancipated child’s parent, if such parent’s home and business addresses were reported pursuant to paragraph one of subdivision (c) of this section. Notwithstanding any provision of this chapter to the contrary, the names and addresses of unemancipated children shall not be made available to the public, but may be accessed by the campaign finance board for the sole purpose of determining whether a campaign contribution is matchable pursuant to such section 3-702; provided, however, that notwithstanding any other provision of law, in making information on campaign contributions publicly available, the campaign finance board shall not disclose that any specific contributor is the spouse, domestic partner or unemancipated child of such a lobbyist, officer or employee. For purposes of this paragraph, the term “unemancipated child” shall mean any son, daughter, stepson or stepdaughter who is under age eighteen, unmarried and living in the household of such lobbyist or spouse or domestic partner of such lobbyist or, if such lobbyist is an organization, living in the household of such officer or employee or spouse or domestic partner of such officer or employee.

  1. Each statement of registration filed annually by each lobbyist shall be accompanied by a registration fee of one hundred fifty dollars. An additional fee may be imposed not to exceed fifty dollars for each client in excess of one identified on such statement.
  2. In the event of the retention, employment or designation of an organization wherein more than one member of the organization will be engaging in lobbying activities on behalf of a client, one statement of registration shall be filed by the organization with a listing of all such persons.
  3. If the city clerk grants an extension allowing a lobbyist to file a statement of registration later than the deadline contained in paragraph two of subdivision (a) of this section, the city clerk shall forward notice of such extension no later than the end of the following business day to the mayor’s office of contract services for inclusion in the “doing business database” as defined in subdivision twenty of section 3-702 of the code.

§ 3-214 Monthly registration docket. [Repealed]

Upon the termination of a lobbyist’s retainer, employment or designation, such lobbyist and the client on whose behalf such service has been rendered shall both give notice to the city clerk in the electronic filing system within thirty days after the lobbyist ceases the activity that required such lobbyist to file a statement of registration; however, such lobbyist shall nevertheless comply with the reporting requirements of section 3-216.1 of this subchapter and the reporting requirements for the last periodic reporting period up to the date such activity has ceased as required by this subchapter and both such parties shall each file the annual report required by section 3-217 of this subchapter.

§ 3-216 Periodic reports.

(a) (1) Any lobbyist, except a lobbyist described in paragraph two of this subdivision, required to file a statement of registration pursuant to section 3-213 of this subchapter who in any lobbying year earns or incurs combined reportable compensation and expenses in an amount in excess of five thousand dollars or, if the lobbyist is an architect or engineer, or an architecture or engineering firm, ten thousand dollars, as provided in paragraph five of subdivision (b) of this section, for the purpose of lobbying, shall file with the city clerk periodic reports, on forms prescribed by the city clerk, by the fifteenth day next succeeding the end of the reporting period on which the cumulative total for such lobbying year equaled such sum. Such reporting periods shall be the period from January first through the last day of February, March first through April thirtieth, May first through June thirtieth, July first through August thirty-first, September first through October thirty-first, and November first through December thirty-first.

   (2) Any lobbyist that is an organization required to file a statement of registration pursuant to section 3-213 of this subchapter that lobbies solely on its own behalf by utilizing the services of its employees and that, in any lobbying year, earns or incurs combined reportable compensation and expenses in an amount in excess of five thousand dollars, but equal to or less than ten thousand dollars, as provided in paragraph five of subdivision (b) of this section, for the purpose of lobbying, shall file with the city clerk periodic reports, on forms prescribed by the city clerk, by the fifteenth day next succeeding the end of the reporting period on which the cumulative total for such lobbying year equaled such sum. Such reporting periods shall be the period from January first to June thirtieth, and July first to December thirty-first.

   (3) Any lobbyist making a report pursuant to paragraph one or two of this subdivision shall thereafter file with the city clerk, on forms prescribed by the city clerk, a periodic report for each reporting period that such person earns or incurs combined reportable compensation and expenses in an amount in excess of one thousand dollars for the purposes of lobbying during such reporting period. Such report shall be filed not later than the fifteenth day next succeeding the end of such reporting period and shall include the amounts so earned or incurred during such reporting period and the cumulative total during the lobbying year.

  1. Such periodic report shall contain:

   (1) the name, address and telephone number of the lobbyist;

   (2) the name, address and telephone number of the client by whom or on whose behalf the lobbyist is retained, employed or designated;

   (3) a description of the subject or subjects on which the lobbyist has lobbied, including information sufficient to identify the local law or resolution, procurement, real property, rule, rate making proceeding, determination of a board or commission, or other matter on which the lobbyist has lobbied;

   (4) the names of the persons and agencies before which the lobbyist has lobbied;

   (5) (i) the compensation paid or owed to the lobbyist, and any expenses incurred by the lobbyist for the purpose of lobbying.

      (ii) expenses required to be reported pursuant to subparagraph (i) of this paragraph shall be listed in the aggregate if seventy-five dollars or less and if more than seventy-five dollars such expenses shall be detailed as to amount, to whom paid, and for what purpose; and where such expense is more than seventy-five dollars on behalf of any one person, the name of such person shall be listed.

      (iii) for the purpose of this paragraph, expenses shall not include:

         (A) personal sustenance, lodging and travel disbursements of such lobbyist;

         (B) expenses, not in excess of five hundred dollars in any one calendar year, directly incurred for the printing or other means of reproduction or mailing of letters, memoranda or other written communications.

      (iv) expenses paid or incurred for salaries other than that of the lobbyist shall be listed in the aggregate.

      (v) expenses of more than fifty dollars shall be paid by check or substantiated by receipts.

      (vi) the expenses reimbursed by the client.

  1. Notwithstanding any inconsistent provision of this section, where a lobbyist required to file a statement of registration pursuant to section 3-213 of this subchapter is not required to file a periodic report pursuant to subdivision (a) or (b) of this section because such lobbyist has not earned or incurred compensation and expenses as therein specified, such lobbyist shall file a periodic report stating that such lobbyist has not earned or incurred such compensation and expenses by the fifteenth day next succeeding the end of the reporting period.
  2. Whenever there is a change in the information filed by a lobbyist in a report filed pursuant to this section, an amended report shall be submitted to the city clerk on forms prescribed by the city clerk.
  3. If the city clerk grants an extension allowing a lobbyist to file a periodic report later than the deadline contained in paragraph one or two of subdivision (a) of this section, as applicable, the city clerk shall forward notice of such extension no later than the end of the following business day to the mayor’s office of contract services for inclusion in the “doing business database” as defined in subdivision twenty of section 3-702 of the code.
    1. All such periodic reports shall be subject to review by the city clerk.

   (2) Such periodic reports shall be kept in electronic form in the office of the city clerk and shall be available for public inspection.

§ 3-216.1 Fundraising and political consulting reports.

(a) Any lobbyist required to file a statement of registration pursuant to section 3-213 of this subchapter who in any calendar year to which the statement of registration relates, or in the six months preceding such calendar year, engages in fundraising or political consulting activities shall file with the city clerk, on forms prescribed by the city clerk, a fundraising and/or political consulting report. Such report shall be filed in accordance with the schedule applicable to the filing of periodic reports, provided that the first fundraising and/or political consulting report filed in any calendar year shall include information on fundraising and/or political consulting activities that occurred in any period beginning six months preceding the calendar year to which the statement of registration relates through the end of the reporting period for which the report is filed, to the extent such information has not been reported in a fundraising and/or political consulting report filed in the preceding calendar year. Each subsequent fundraising and/or political consulting report filed in or with respect to the calendar year to which the statement of registration relates shall include information on fundraising and/or political consulting activities that occurred since the end of the reporting period for which the previous report was filed through the end of the reporting period for which the current report is filed. Such activities shall be reported whether they are conducted directly by the lobbyist, or through any other entity of which such lobbyist is a principal. Such fundraising and/or political consulting reports shall be filed not later than the fifteenth day next succeeding the end of such reporting period.
  1. Such fundraising and/or political consulting report shall contain:

   (1) the name, address and telephone number of the lobbyist and the individuals employed by the lobbyist engaged in such fundraising and/or political consulting activities;

   (2) the name, address and telephone number of the candidate, public servant, or elected official to whom or on whose behalf the lobbyist provided fundraising and/or political consulting services;

   (3) (i) the compensation paid or owed to the lobbyist and any expenses incurred by the lobbyist for such fundraising and/or political consulting activities;

      (ii) a list of all persons or entities with whom the lobbyist contracted for the purpose of providing fundraising and/or political consulting services;

   (4) in the case of fundraising activities, the total dollar amount raised for each candidate for which such activities were performed.

  1. All such fundraising and/or political consulting reports shall be subject to review by the city clerk.
  2. Whenever there is a change in the information filed by a lobbyist in a report filed pursuant to this section, an amended report shall be submitted to the city clerk on forms prescribed by the city clerk.
  3. Such fundraising and/or political consulting reports shall be kept in electronic form in the office of the city clerk and shall be available for public inspection.

§ 3-217 Annual reports.

(a) Annual reports shall be filed by:

   (1) every lobbyist required to file a statement of registration pursuant to section 3-213 of this subchapter;

   (2) any client retaining, employing or designating a lobbyist or lobbyists, if during the year such client owed an amount in excess of five thousand dollars or, if the lobbyist is an architect or engineer, or an architecture or engineering firm, ten thousand dollars, of combined reportable compensation and expenses, as provided in paragraph five of subdivision (c) of this section, for the purposes of lobbying.

  1. Such report pursuant to paragraph one of subdivision (a) of this section shall be filed with the city clerk, on forms prescribed by the city clerk, by the fifteenth day of January next following the year for which such report is made and shall contain on an annual cumulative basis all the information required in periodic reports by section 3-216 of this subchapter and all the information required in fundraising and/or political consulting reports by section 3-216.1 of this subchapter;
  2. Such report pursuant to paragraph two of subdivision (a) of this section shall be filed with the city clerk on forms prescribed by the city clerk by the fifteenth day of January next following the year for which such report is made and shall contain:

   (1) the name, address and telephone number of the client;

   (2) the name, address and telephone number of each lobbyist retained, employed or designated by such client;

   (3) a description of the subject or subjects on which each lobbyist retained, employed or designated by such client has lobbied, including information sufficient to identify the local law or resolution, procurement, real property, rule, rate making proceeding, determination of a board or commission, or other matter on which each lobbyist retained, employed or designated by such client has lobbied;

   (4) the names of the persons and agencies before which such lobbyist has lobbied;

   (5) (i) the compensation earned by each such lobbyist, and any other expenses paid or incurred by such client for the purpose of lobbying.

      (ii) any expenses required to be reported pursuant to subparagraph (i) of this paragraph shall be listed in the aggregate if seventy-five dollars or less and if more than seventy-five dollars such expenses shall be detailed as to amount, to whom paid, and for what purpose; and where such expenses are more than seventy-five dollars on behalf of any one person, the name of such person shall be listed.

      (iii) for the purposes of this paragraph, expenses shall not include:

         (A) personal sustenance, lodging and travel disbursements of such lobbyist and client;

         (B) expenses, not in excess of five hundred dollars, directly incurred for the printing or other means of reproduction or mailing of letters, memoranda or other written communications.

      (iv) expenses paid or incurred for salaries other than that of the lobbyist shall be listed in the aggregate.

      (v) expenses of more than fifty dollars must be paid by check or substantiated by receipts.

    1. All such annual reports shall be subject to review by the city clerk.

   (2) Such annual reports shall be kept in electronic form in the office of the city clerk and shall be available for public inspection.

§ 3-218 Contingent retainer.

No client shall retain or employ any lobbyist for compensation, the rate or amount of which compensation in whole or part is contingent or dependent upon legislative, executive or administrative action where efforts by a lobbyist to influence such action are subject to the jurisdiction of the city clerk, and no person shall accept such a retainer or employment.

§ 3-219 Obligations of lobbyists.

Any person who is required to file a statement of registration under this subchapter has the following obligations:

  1. To abstain from doing any act, with the express purpose and intent of placing a member of the city council, the mayor or any officer or employee charged by law with making a decision on a matter pending or proposed, under personal obligation to him or her or to his or her employer.
  2. Never to knowingly deceive or attempt to deceive a member of the city council, the mayor or any officer or employee charged by law with making a decision on a local law, resolution or matter pending or proposed, as to any material fact pertinent to any pending or proposed local law, resolution or matter.
  3. Never to cause or influence the introduction of any local law or resolution at the city council for the purpose of thereafter being employed to secure its granting, denial, confirmation, rejection, passage or defeat.
  4. To abstain from any attempt to create a fictitious appearance of public favor or disfavor of any proposed local law or resolution before the city council or to cause any communication to be sent to a member of the city council, or the mayor, or any officer or employee charged by law with making a decision on a matter pending or proposed, in the name of any fictitious person or in the name of any real person, except with the consent of such real person.
  5. Not to represent, either directly or indirectly through word of mouth or otherwise, that he or she can control or obtain the vote or action of the mayor, any member of the city council, or any employee or officer of the city charged by law with making a decision on a matter pending or proposed, or the approval or disapproval of an local law or resolution by the mayor of the city of New York.
  6. Not to represent or solicit representation of, an interest adverse to such person’s employer nor to represent employers whose interests are known to such person to be adverse.
  7. To retain all books, papers and documents necessary to substantiate the financial reports required to be made under this subchapter for a period of five years.
  8. To complete a training program on the requirements of this subchapter, developed by the city clerk, as follows:

   (1) Each lobbyist required to file a statement of registration pursuant to section 3-213 of this subchapter that (i) lists five or more officers or employees who engage in lobbying activities or who are employed in the division that engages in lobbying activities and (ii) identifies thirty or more clients on whose behalf such organization has been retained shall designate two officers or employees to complete the training program biennially. At least one such officer or employee shall have engaged in lobbying activities in the year prior to such training.

   (2) All other lobbyists required to file a statement of registration pursuant to section 3-213 of this subchapter shall designate at least one officer or employee to complete the training program biennially.

   (3) Any lobbyist filing a statement of registration pursuant to section 3-213 of this subchapter for the first time shall designate at least one officer or employee who shall register for such training program within fifteen days of the lobbyist’s commencement of lobbying.

§ 3-220 Retention of records.

Every person to whom this subchapter is applicable shall keep for at least five years a detailed and exact account of:

  1. all compensation of any amount or value whatsoever;
  2. the name and address of every person paying or promising to pay compensation of fifty dollars or more and the date thereof;
  3. all expenditures made by or on behalf of the client; and
  4. the name and address of every person to whom any item of expenditure exceeding fifty dollars is made, the date thereof and receipted bill for such expenditure.

§ 3-221 Filing of statements and reports.

(a) Any statement or report required by this subchapter shall be filed by electronic transmission in a standard format as required by the city clerk. Statements, reports and any other information required to be kept on file in the office of the city clerk for public inspection pursuant to this subchapter shall be kept in a computerized database and shall be posted on the internet as soon as practicable.
  1. The computerized database maintained pursuant to subdivision (a) of this section shall be searchable by, at a minimum, lobbyist name, client name, person or agency before which lobbying activities took place, and the local law number with year, bill number, resolution number, rule number, or other information sufficient to identify the matter on which lobbying has occurred.

§ 3-222 Certification.

All statements and reports required under this subchapter shall contain the following declaration: “I certify that all statements made on this statement are true and correct to the best of my knowledge and belief and I understand that the willful making of any false statement of material fact herein will subject me to the provisions of law relevant to the making and filing of false instruments and will render such statement null and void.”

§ 3-223 Penalties.

(a) Except as provided for in subdivision (b) of this section, any person or organization who knowingly and willfully violates any provision of this subchapter shall be guilty of a class A misdemeanor. In addition to such criminal penalties, such person or organization shall be subject to a civil penalty, in an amount not to exceed thirty thousand dollars, to be assessed by the city clerk, or an order to cease all lobbying activities subject to the jurisdiction of the city clerk for a period of time as determined by such clerk not to exceed sixty days, or both such civil penalty and order.
  1. Any person or organization who violates a cease and desist order of the city clerk issued under subdivision a of this section or enters into a contingency agreement or accepts or pays any contingency fees as proscribed in section 3-218 of this subchapter, shall be guilty of a class A misdemeanor. In addition to such criminal penalties, said person or organization shall be subject to a civil penalty, in an amount not to exceed thirty thousand dollars, to be assessed by the city clerk.
    1. Following a failure to make and file any statement or report required by this subchapter, the city clerk shall notify the person or organization of such fact by certified mail that such filing must be made within fourteen business days of the date of mailing of such notice. The failure to file any statement or report within such time shall constitute a class A misdemeanor. In addition to such criminal penalties, such person or organization shall be subject to a civil penalty, in an amount not to exceed twenty thousand dollars, to be assessed by the city clerk. For the purposes of this subdivision, the chief administrative officer of any organization required to file a statement or report shall be the person responsible for making and filing such statement or report unless some other person prior to the due date thereof has been duly designated to make and file such statement or report.

   (2) Any lobbyist or client who has never previously filed a statement of registration or any other report required by this subchapter shall be charged a late filing penalty of ten dollars for each day a required statement or report is late. If more than one statement or report is late, the total late filing penalty shall be equal to the sum of ten dollars per day multiplied by the number of such late statements or reports. Any other lobbyist or client shall be charged a late filing penalty of twenty-five dollars for each day a required statement or report is late. If more than one statement or report is late, the total late filing penalty shall be equal to the sum of twenty-five dollars per day multiplied by the number of such late statements or reports. Late filing penalties may be waived or reduced at the discretion of the city clerk. A lobbyist or client seeking a waiver or reduction of late filing penalties shall submit documentation as required by the city clerk. A decision to grant such a waiver or reduction shall be made in writing by the city clerk. The city clerk shall take the following factors into account in determining whether a waiver or reduction is appropriate:

      (i) whether and how often the lobbyist or client has filed late in the past;

      (ii) the annual operating budget of the lobbyist or client;

      (iii) whether the lobbyist lobbies solely on its own behalf;

      (iv) for periodic reports, the number of lobbying matters, number of hours spent working on those matters, and amount of compensation and expenditures that were not reported during the relevant period; and

      (v) the significance of the impediments to timely filing faced by the lobbyist or client.

  1. Any person or organization who violates any provision of this subchapter not punishable under subdivisions (a), (b) or (c) of this section shall be subject to a civil penalty, in an amount not to exceed twenty thousand dollars, to be assessed by the city clerk.
  2. Any civil penalty to be assessed under subdivision (d) of this section, or any order issued under subdivision (a) of this section, may only be imposed or issued after written notice of violation and the expiration of fourteen business days from the date of mailing of such notice. If such violation is cured within such fourteen-day period, then such civil penalty or order shall not be imposed or issued.
  3. The amount of any assessment made or duration of order issued pursuant to this section shall be determined only after a hearing at which the party shall be entitled to appear and be heard. Any assessment imposed under this section may be recovered in an action brought by the corporation counsel.
  4. The city clerk shall be charged with the duty of reviewing all statements and reports required under this subchapter for violations, and it shall be his duty, if he deems such to be willful, to report such determination to the department of investigation. Where the city clerk receives a report or otherwise suspects that a criminal violation of law, other than a violation of this subchapter, has been or may have been committed, the city clerk shall report any information relating thereto to the department of investigation.
  5. The department of investigation shall provide assistance to the city clerk for the purpose of training personnel who are responsible for the administration and enforcement of the provisions of this subchapter. The city clerk shall develop compliance programs for lobbyists and clients.
    1. The city clerk shall by rule establish an amnesty program for any lobbyist who was required to have filed, but has never filed, a statement of registration pursuant to section 3-213 of this subchapter, or any client who was required to have filed, but has never filed, an annual report pursuant to section 3-217 of this subchapter, at any time on or after December tenth, two thousand six.

   (2) Any lobbyist or client intending to participate in the amnesty program may file a written notice of intent to participate with the city clerk on forms prescribed by the city clerk, stating his, her or its intention to participate in such program, at any time prior to the effective date of the amnesty program. The city clerk shall not assess any late filing penalties or any civil penalties authorized by this section that could be assessed against any such lobbyist or client for the period from December tenth, two thousand six to the date of the filing of such notice. Any lobbyist or client filing a notice pursuant to this paragraph shall comply with all applicable provisions of this subchapter beginning on the day of such filing.

   (3) Any lobbyist or client intending to participate in the amnesty program, including any lobbyist or client who has filed a notice pursuant to paragraph two of this subdivision, shall file a written application on forms prescribed by the city clerk on or after the effective date of the amnesty program, but prior to the expiration of such program. Such application shall include a summary, which shall meet the requirements of the city clerk, of the lobbying activities, fundraising activities or political consulting activities performed by such lobbyist or received by such client from one year prior to the effective date of the amnesty program until the date of such application or valid filing pursuant to paragraph two of this subdivision. Such amnesty program shall provide that upon the filing of such application and upon compliance with all applicable provisions of this subchapter, the city clerk shall waive any late filing penalties and any civil penalties authorized by this section that could be assessed against any such lobbyist or client for the period from December tenth, two thousand six to the date of the filing of such application or, if the lobbyist or client made a valid filing pursuant to paragraph two of this subdivision, to the date of such filing. In addition, any such lobbyist or client shall not be subject to any criminal penalties authorized by this section for the period from December tenth, two thousand six to the date of the filing of such application or, if the lobbyist or client made a valid filing pursuant to paragraph two of this subdivision, to the date of such filing.

   (4) The term of the amnesty program established pursuant to this subdivision by rule of the city clerk shall not exceed six months, after which no application for amnesty shall be accepted. Prior to the commencement of, and during the term of, the amnesty program, the city clerk shall publicize the amnesty program so as to maximize public awareness of and participation in such program. The city clerk shall consult with city agencies and the city council to develop notices and advertisements to be placed in print and electronic media that are intended to reach persons and organizations doing business with the city.

   (5) Notwithstanding any provision of this subdivision to the contrary, any lobbyist or client who is the subject of any criminal investigation relating to any violation of this subchapter and any lobbyist or client who is a party to any criminal litigation in any court of this state or the United States relating to any violation of this subchapter shall be ineligible to file the notice pursuant to paragraph two of this subdivision or the application pursuant to paragraph three of this subdivision or to otherwise receive relief from late filing penalties, or civil or criminal penalties under the amnesty program established pursuant to this subdivision.

   (6) The city clerk shall promulgate such rules, issue forms and instructions, and take any and all other actions necessary to implement the provisions of this subdivision.

Subchapter 3: Prohibition of Gifts By Lobbyists

§ 3-224 Definitions.

Whenever used in this subchapter, the term “public servant” shall mean a public servant as defined in subdivision nineteen of section two thousand six hundred one of the charter.

§ 3-225 Prohibition of gifts.

No person required to be listed on a statement of registration pursuant to section 3-213(c)(1) of subchapter 2 of this chapter shall offer or give a gift to any public servant.

§ 3-226 Enforcement.

Complaints alleging violations of this subchapter shall be made, received, investigated and adjudicated in a manner consistent with investigations and adjudications of conflicts of interest pursuant to chapters sixty-eight and thirty-four of the charter.

§ 3-227 Penalties.

Any person required to be listed on the statement of registration pursuant to section 3-213(c)(1) that knowingly and willfully violates any provision of this subchapter shall be subject to a civil penalty, which for the first offense shall be not less than two thousand five hundred dollars and not more than five thousand dollars, for the second offense not less than five thousand dollars and not more than fifteen thousand dollars, and for the third and subsequent offenses not less than fifteen thousand dollars and not more than thirty thousand dollars. In addition to such civil penalties, for the second and subsequent offenses a person required to be listed on the statement of registration pursuant to section 3-213(c)(1) that knowingly and willfully violates the provisions of this subchapter shall also be guilty of a class A misdemeanor.

Subchapter 3: Domestic Partnerships

§ 3-240 [Definitions.]

As used in this section, the following terms shall have the following meanings:

  1. “Domestic partners” shall mean persons who have a registered domestic partnership, which shall include any partnership registered pursuant to this chapter, any partnership registered in accordance with executive order number 123, dated August 7, 1989, and any partnership registered in accordance with executive order number 48, dated January 7, 1993, and persons who are members of a marriage that is not recognized by the state of New York, domestic partnership, or civil union, lawfully entered into in another jurisdiction. Nothing in this code shall affect a partnership that has been registered pursuant to either such executive order and has not been terminated in accordance with such executive orders or this chapter.
  2. “Registry of domestic partnerships” shall mean the registry maintained by the city clerk pursuant to this chapter, and shall include all domestic partnerships registered by the city clerk pursuant to executive order number 48, dated January 7, 1993, and all domestic partnerships registered with the former department of personnel pursuant to executive order number 123, dated August 7, 1989. Within ten days of the effective date of the local law that added this definition, the department of citywide administrative services shall transfer to the city clerk the records of domestic partnerships registered with the former department of personnel.
  3. “Affidavit of domestic partnership” shall mean an affidavit prepared by the office of the city clerk in accordance with rules adopted by the city clerk.

§ 3-241 Domestic partnership registration.

  1. A domestic partnership may be registered by two people who meet all of the following conditions:

   1. Either:

      (a) both persons are residents of the city of New York or

      (b) at least one partner is employed by the city of New York on the date of registration;

   2. Both persons are eighteen years of age or older;

   3. Neither of the persons is married;

   4. Neither of the persons is a party to another domestic partnership, or has been a party to another domestic partnership within the six months immediately prior to registration;

   5. The persons are not related to each other by blood in a manner that would bar their marriage in the state of New York;

   6. The persons have a close and committed personal relationship, live together and have been living together on a continuous basis.

  1. In order to register, persons shall execute an affidavit of domestic partnership and submit it to the city clerk, who shall maintain a registry of domestic partnerships. Both parties to the partnership shall be present when the affidavit is submitted.
  2. Except when one of the parties is confined to a prison, in a hospital or other health care facility, or is unable to travel to the office of the city clerk because of a disability, the affidavits shall be submitted to the city clerk at the office of the city clerk. The city clerk may adopt such rules as are necessary to implement the domestic partnership registration program. Such rules shall include provisions necessary to provide for the registration of domestic partners when one of the partners is in prison or unable to travel, which shall be equivalent to the rules applicable to persons in such circumstances who apply for a marriage license.

§ 3-242 Termination of domestic partnership.

  1. If either party or both parties to a registered domestic partnership determines that the partnership has terminated, one of the partners shall file a termination statement with the city clerk. The person filing the termination statement shall declare that the domestic partnership is terminated and, if the termination statement has not been signed by both domestic partners, that the other domestic partner has been notified of such termination by registered mail, return receipt requested.
  2. A domestic partnership shall terminate whenever one of the parties to the partnership marries.

§ 3-243 Confidentiality of domestic partnership information.

The city clerk shall establish procedures to ensure the confidentiality of information in the registry of domestic partnerships.

  1. In the ordinary course of business, such records shall be released only:

   1. To the parties to the domestic partnership;

   2. To individuals presenting written authorization from one of the parties to the domestic partnership;

   3. To attorneys in cases where such records are required as evidence in a legal proceeding.

  1. The following restrictions shall not apply to records that are at least fifty years old, or to records where both parties to the domestic partnership are deceased:

   1. Where a party to the domestic partnership sends a third party to obtain their domestic partnership record without a letter of authorization, the third party may make the request and pay any applicable fee if the third party consents to having the record mailed directly to the party to the domestic partnership. The record shall not be released directly to the unauthorized third party.

   2. If a person requires information concerning the prior history of domestic partnerships of a person who is that person’s domestic partner or spouse or prospective domestic partner or spouse, the office of the City Clerk shall, upon receiving adequate assurance that such person’s interest is as described in this paragraph, payment of the appropriate fee, and the furnishing of an approximate date of the registration of the partnership and sufficient information to search under at least one party’s name, confirm only the fact of a prior domestic partnership by a “yes” or “no” answer.

  1. Nothing herein shall be construed to prohibit the publication of statistics pertaining to domestic partnerships which have been registered by the city clerk, provided that appropriate measures are taken to prevent identification of persons registered.

§ 3-244 Certificate of domestic partnership registration.

  1. Issuance of certificate of domestic partnership registration. The city clerk shall issue a certificate of domestic partnership registration to persons who have registered pursuant to this subchapter. Such a certificate shall constitute notice of a registered domestic partnership when persons apply for rights or benefits available to domestic partners, including but not limited to:

   1. Bereavement leave and child care leave of absence for city employees;

   2. Visitation in city correctional and juvenile detention facilities;

   3. Visitation in facilities operated by the New York City health and hospitals corporation;

   4. Eligibility to qualify as a family member to be added by the New York City housing authority to an existing tenancy as a permanent resident;

   5. Eligibility to qualify as a family member entitled to succeed to the tenancy or occupancy rights of a tenant or cooperator in buildings supervised by or under the jurisdiction of the department of housing preservation and development;

   6. Health benefits provided by the city to city employees and retirees and eligible members of their families, pursuant to stipulation or collective bargaining;

   7. Such other rights or benefits as may be established pursuant to applicable law.

  1. Access to city benefits and services.

   1. To the extent permitted by state and federal law, any benefit or service directly provided by the city of New York to persons based on spousal relationship shall be available to persons who are domestic partners pursuant to section 3-244 of the administrative code or in a relationship recognized as a domestic partnership pursuant to section 3-245 of the administrative code. For any person applying for such benefits or services, a certificate of domestic partnership registration or its equivalent as recognized pursuant to section 3-245 of the administrative code constitutes sufficient proof of domestic partnership.

   2. Within 90 days of the effective date of the local law that added this subdivision, the administration shall furnish a report to the council that sets forth any benefit or service provided directly by the city that is available to persons based on spousal relationship and is not available to domestic partners on the same basis, and the reasons for why such benefits or services are not provided to such persons.

§ 3-245 Recognition of marriages not recognized by the state of New York, domestic partnerships, and civil unions of other jurisdictions.

  1. Members of a marriage that is not recognized by the state of New York, a domestic partnership, or a civil union, lawfully entered into in another jurisdiction, shall be entitled to all the rights and benefits available to domestic partners registered pursuant to this subchapter. A certificate of such domestic partnership, civil union or marriage issued by another jurisdiction shall constitute sufficient proof of entitlement to such rights and benefits.
  2. “Members of a marriage that is not recognized by the state of New York” for purposes of this section and of section 3-240(a) of this title does not include a marriage prohibited by section 5 or section 6 of the New York State Domestic Relations Law.

Chapter 3: Comptroller

§ 3-301 Bond of comptroller.

Before entering upon the duties of his or her office the comptroller shall give a bond to the city, conditioned upon the faithful performance of the duties of the comptroller’s office, in the penal sum of two hundred thousand dollars, with a surety company or two or more sufficient sureties to justify in double the amount under oath before a judge of the supreme court, on notice to the corporation counsel, whereupon the same shall be immediately filed with the city clerk by the comptroller.

§ 3-302 Bonds of deputy comptrollers.

Each deputy comptroller shall execute a bond to the city, conditioned for the faithful performance of the duties of his or her office, with one or more sureties, to be approved by the comptroller, in the penal sum of ten thousand dollars.

§ 3-303 Bureaus in office of comptroller.

There shall be four bureaus in the office of the comptroller:

  1. A bureau of accountancy, the chief officer of which shall be called chief accountant. The bureau shall include a central accounting division, and shall determine the form of the accounts in the department of finance and other agencies, and shall also direct the accounting procedure therein in accordance with the requirements of the charter.
  2. A bureau of audit, the chief officer of which shall be called chief auditor of accounts. Such bureau shall audit, revise and settle all accounts in which the city is concerned as debtor or creditor except accounts in relation to excise or nonproperty taxes. Such bureau shall keep an account of each such claim for and against the city, and of the sums allowed upon each, and certify the same to the comptroller, with the reasons for the allowance.
  3. A bureau of law and adjustment, the head of which shall be known as chief of the bureau of law and adjustment. Such bureau shall investigate and report to the comptroller for adjustment all awards made in any proceeding, and all disputed claims for or against the city, except proceedings and disputed claims in relation to excise or nonproperty taxes. It shall also investigate complaints alleging violation of the labor law and report thereon to the comptroller.
  4. A bureau of municipal investigation and statistics, the chief officer of which shall be called the supervising statistician and examiner. Such bureau shall determine the scope of and the form in which statistical information shall be compiled and furnished under section 3-312 of the code, and shall compile and collate all such facts and statistics and make report to the comptroller concerning the same at least once annually and oftener, if required by the comptroller, which reports shall be published in the City Record. Such bureau shall be the custodian of and shall conveniently locate for reference all records of the city. Books or records, however, shall not be removed from the custody of any other agency while such book or record is of use to such agency in the performance of official duty. All books, records and reports in the custody of such bureau, and all reports made by such bureau to the comptroller, except reports upon investigations of criminal acts, or reports upon investigations to aid in the defense of actions at law brought against the city, before such acts or actions have been reviewed by the courts, shall be accessible to the public under proper regulations for the protection of the same from loss or defacement, and certified copies thereof shall be furnished to applicants upon the payment of fees, as provided by law.

§ 3-304 Other duties of bureaus.

All of such bureaus shall perform such other duties as the comptroller shall from time to time direct.

§ 3-305 Comptroller; custodian of evidences of debt, contracts.

The comptroller shall keep and file in the comptroller’s office all evidence of debts, contracts, bonds of indemnity and official bonds except as otherwise provided by law.

§ 3-306 Report as to outstanding contracts.

The comptroller may report to the mayor, the board of estimate and the council, from time to time, a statement of all contracts made by the city, or directed or authorized by the city and not performed or completed or upon which any moneys remain unpaid; with the amount of money remaining unpaid on each such contract.

§ 3-306.1 Property of city outside the city limits; payment of taxes.

  1. The assessing officers of any town, village, city or school district, other than the city of New York, in which is situated real property owned by the city and liable to taxation, shall give written notice to the comptroller of the city of New York, at least two weeks prior to the date fixed for hearing objections to assessments made by them, of the valuation of such property assessed against the city, in the assessment-list then to be reviewed, and of the amount of any increase of valuation proposed to be assessed against the city for or on account of said property above the last assessed valuation thereof, and the time and place at which complaints in relation thereto will be heard.
  2. It shall be the duty of the several school tax collectors in each school district, and the officers authorized to collect taxes, including road and highway taxes in each town in this state in which lands are owned by the city of New York, within five days after the receipt by such collector of any and every tax or assessment-roll of his or her town or district, to prepare and deliver to the county treasurer of the county in which such town or district, or the greater part thereof, is situated, a statement showing the assessment against such city appearing on such roll, and the taxes against such city.
  3. Each county treasurer receiving such statement shall immediately thereafter notify the comptroller of such city of the amount of taxes so levied and assessed, and within thirty days after the receipt of such notice from such county treasurer, such city may pay the amount of such tax or taxes together with such fees now authorized by law to such county treasurer, who is hereby authorized and directed to receive such amount and to give proper receipts therefor.
  4. In case such city shall fail to pay such tax or taxes within such thirty days, it shall be the duty of such county treasurer to notify the collector of the school district or town or highway district in which such tax or taxes have been assessed, of such failure to pay such tax, and upon receipt of such notice, it shall be the duty of such collector to collect such unpaid tax in the manner now provided by law, together with five percent fees thereon.
  5. The several amounts of tax received by any county treasurer in the state under the provisions of this subchapter of and from such city, shall by such county treasurer be placed to the credit of the school district or town or highway district for or on account of which the same was levied or assessed, and on demand paid over to the collector of taxes for such town or school district or highway district or other proper officer, together with any fees for collection authorized by law and received therewith.
  6. Nothing in this section contained shall be construed to hinder, prevent or prohibit such city from paying such taxes directly to the collectors or other officers authorized to receive the same, as now provided by law.

§ 3-307 Forms for paying money.

The comptroller shall prescribe the manner in which all salaries shall be drawn, and the mode by which all creditors, officers and employees of the city shall be paid.

§ 3-308 Payment of salaries.

  1. Wages and salaries may be paid upon payrolls, upon which each person named thereon shall separately receipt for the amount paid to such person, and the comptroller is hereby authorized and empowered, in his or her discretion, to direct and require that wages and salaries shall not be paid except upon such receipt being individually signed by such person.
  2. The comptroller is hereby authorized in his or her discretion, to direct and require, as an alternative to the procedure provided in subdivision a hereof, that wages and salaries within any department or agency of the city or any part or unit thereof may be paid upon payrolls by checks corresponding to such payrolls without any receipt upon such payroll by the person receiving such check.

§ 3-309 Audit and payment of county charges and expenses.

All county charges and expenses and salaries of county officers in the counties of the city and each of them shall be audited by the comptroller and paid out of the fund or appropriation applicable thereto, and the audit of the comptroller in respect to such charges and expenses shall extend to the reasonableness thereof and shall, in all respects, be as full and complete as the audit of city charges and expenses.

§ 3-310 Comptroller; monthly reports from agencies.

The head of each agency shall furnish monthly to the comptroller a statement of the unencumbered and unexpended balances, contract or other liabilities, of appropriations and other authorizations for his or her agency, in such form as prescribed by the comptroller.

§ 3-311 Accounts of city collector and his or her deputies to be examined.

Whenever the city collector or any deputy collector shall cease to hold office, and within one year thereafter, it shall be the duty of the comptroller to examine the accounts of such city collector or deputy, and if found correct, to cause a certificate to that effect to be filed with the bond of such officer. Such certificate so filed shall be a full discharge and satisfaction of the conditions of such bond and the lien or liens thereby created. If at any time during the city collector’s continuance in office the city collector or a deputy collector shall execute and file with the comptroller a new bond in the same form and penalty, and for the same period, and approved as provided in section 11-115 of the code, it shall be the duty of the comptroller forthwith to cause a certificate to that effect to be filed with the bond or bonds previously filed by such officer. Such certificate so filed shall be the full discharge and satisfaction of the condition of such prior bond or bonds and of the lien or liens thereby created. The comptroller may settle and adjust all claims in favor of or against the city, the surety or the principal in such bond, arising out of the execution of such bonds and in his or her discretion may release from the lien created by such bonds any piece or parcel of land affected thereby.

§ 3-312 Statistical records to be compiled by city officials.

Every official or employee of the city, or of the counties included within the city, and every board or commission charged by law or by due authority with the custody of property of the city or the counties thereof, or with the direction of work done, or services performed, by or on behalf of the city or the counties therein, or the disbursement or receipt of moneys from the city or counties therein, and every person, official, board, commission or corporation receiving or disbursing moneys from the city or counties therein for public purposes, at such times, under such conditions, and in the manner directed to do so by the comptroller, shall furnish reports of facts relating to any or all of the property of the city, or the counties therein, or of such work or such services, or of the receipt or disbursement of moneys from the city or counties therein. Such officials and employees shall compile and maintain in their respective offices such system of statistical record as the comptroller may require appertaining to all matters referred to in this section.

§ 3-313 Monthly report of unexpended balances of appropriations.

The comptroller shall furnish to each head of an agency, monthly, a statement of the unexpended balances of the appropriation for his or her agency.

§ 3-314 Records; copies when in evidence.

A copy of any paper, record, book, document or map, filed in the office of the comptroller, or the minutes, records or proceedings, or any portion thereof, of any board or commission of which the comptroller is or may become a member, when certified by the comptroller, a deputy comptroller or any assistant deputy comptroller, to be a correct copy of the original, shall be admissible in evidence in any trial, investigation, hearing or proceeding in any court, or before any commissioner, board or tribunal, with the same force and effect as the original. Whenever a subpoena is served upon the comptroller or any member of a board or commission of which the comptroller is a member, or upon any officer or employee of the office of the comptroller, or upon any officer or employee of such board or commission, requiring the production upon any trial or hearing of an original paper, document, book, map, record, minutes or proceedings, the comptroller in his or her discretion, may furnish a copy certified as herein provided, unless such subpoena be accompanied by an order of the court or other tribunal before which the trial or hearing is had requiring the production of such original.

§ 3-316 Three following sections; how construed.

The three following sections shall not be construed to affect the powers of any commission acting under any laws of this state.

§ 3-317 Awards for grading of streets; definition of terms.

When used in this section and the two following sections, unless otherwise expressly stated:

  1. The term “owner” shall mean only such parties or persons whose property abuts the street, the grade of which has been established or changed.
  2. The term “lessee” shall mean only such parties or persons whose lease does not expire in less than three years from the date of completion and acceptance of the grading by the appropriate city agency.
  3. The term “comptroller” shall mean the comptroller of the city of New York.
  4. The term “special grade” shall mean only the following case: When a street has been graded to a grade which in the opinion of the board of estimate, has been occasioned by an improvement other than the normal and usual street improvement, the board of estimate, in its discretion, may issue a certificate to that effect, within sixty days after the grading shall have been completed and accepted by the appropriate city agency in charge of the work. Such certificate shall be transmitted to the comptroller, together with a plan and profile of the portion of the street affected by such special grade. Upon such plan and profile there shall be shown the level which, in the opinion of the board of estimate, constitutes a normal grade for the street, and the special grade to which the street has been graded. The comptroller, upon receipt of such certificate together with the accompanying plan and profile, shall be authorized and empowered to determine the damage to each owner and lessee thereof.
  5. The term “street” includes street, avenue, road, alley, land, highway, boulevard, concourse, parkway, driveway, culvert, sidewalk, cross-walk, boardwalk and viaduct, and every class of public road, square and place, except marginal streets.
  6. The term “real property” includes all lands and improvements, lands under water, water front property, the water of any lake, pond or stream, all easements and hereditaments, corporeal or incorporeal, and every estate, interest and right, legal or equitable, in lands or water, and right, interest, privilege, easement and franchise relating to the same, including terms for years and liens by way of judgment, mortgage or otherwise.

§ 3-318 Award of damages to land and improvements by reason of grading of streets; measure of damages; presentation of claims.

  1. There shall be no liability for originally establishing a grade or for changing an established grade, except as provided in this section:

   1. When an owner has built upon or otherwise improved his or her property prior to the original establishment of a grade by lawful authority, such owner and the lessee thereof shall be entitled to damages only to such buildings and improvements for the grading of the street in accordance with such established grade.

   2. When an owner has built upon or otherwise improved his or her property in conformity with the grade of any street or avenue established by lawful authority nd such grade is changed after such buildings or improvements have been erected, such owner and the lessee thereof shall be entitled to damages only to such buildings and improvements for the change of grade.

   3. When a street has been graded to a special grade as set forth in this section, the comptroller shall be empowered to determine the damages sustained by each owner or lessee of the land fronting the portion of the street affected by the special grade. The damages shall be for the departure of the grade of the street from the normal grade as shown on the plan and profile submitted by the board of estimate to the comptroller.

  1. No award shall be made unless a claim in writing shall have been filed with the comptroller within ninety days after the grading shall have been completed.

§ 3-319 Power of the comptroller to issue subpoenas and administer oaths, to compel witnesses to testify.

For the purpose of settling or adjusting claims for damages under section 3-318, the comptroller may issue subpoenas and administer oaths to witnesses. The comptroller may issue a subpoena requiring such witness to appear at such time and place as the comptroller may designate in the subpoena.

§ 3-320 Action to recover damages.

  1. No action shall be commenced to recover damages under section 3-318 until at least thirty days have elapsed since the demands, claim or claims, upon which such action is founded, were presented to the comptroller for adjustment and the comptroller has neglected or refused to make an adjustment or payment thereof. An allegation to that effect shall be made in a complaint or other pleadings in such an action. An action under section 3-318 shall be commenced within one year and ninety days after the grading shall have been completed.
  2. Whenever any such award or compensation shall be paid to any person not entitled thereto, it shall be lawful for the person to whom such award or compensation should have been paid to sue for and recover such award or compensation with interest and costs as so much money had and received to his or her use by the person or persons to whom the same shall have been so paid. In the following cases it shall be lawful for the city to pay an award to the commissioner of finance, to be secured, disposed of and invested as the supreme court shall direct when

   1. the owners, parties or persons entitled thereto are

      (a) under a legal disability, or

      (b) absent from the city or

   2. the owners, parties or persons entitled thereto

      (a) cannot be found after diligent search, or

      (b) are involved in a dispute as to their title to receive such awards. Such payment shall be as valid and effectual in all respects as if made to the owner or other person entitled thereto.

Chapter 4: Board of Estimate

§ 3-401 Awards to spouses of killed firefighters, police officers, transit police officers, emergency medical technicians and advanced emergency medical technicians.

The mayor is authorized and empowered to make an award to the spouse or domestic partner of a member of the uniformed force of the police department, fire department, including emergency medical technicians and advanced emergency medical technicians employed by the fire department, or uniformed transit police force, maintained by the New York city transit authority, killed while engaged in the discharge of duty. Such award shall equal the annual salary of such member at the time of death, but in no case less than the full salary payable to a first grade police officer, firefighter, transit police officer, emergency medical technician or advanced emergency medical technician at the date of death of such employee.

In case there shall be no spouse or domestic partner surviving such member, the award shall be made to the minor child or children surviving such member. In case there shall be no spouse or domestic partner nor child nor children so surviving the award may be made to the dependent mother, father, or other dependents of such member. Such award shall be made in one payment as soon after the death of such member as may be possible and shall be in addition to any pension, award or other allowances authorized by law.

Notwithstanding any other provision of law to the contrary, and solely for the purposes of this section, a member otherwise covered by this section shall be deemed to have been killed while engaged in the discharge of duty upon which his or her membership is based, provided that such member was in active service upon which his or her membership is based at the time that such member was ordered to active duty pursuant to Title 10 of the United States Code, with the armed forces of the United States or to service in the uniformed services pursuant to Chapter 43 of Title 38 of the United States Code, and such member died while on such active duty or service in the uniformed services on or after June fourteenth, two thousand five while serving on such active military duty or in the uniformed services.

§ 3-402 Awards to surviving spouses and domestic partners of members of the uniformed correctional and sanitation forces.

The mayor is hereby authorized and empowered to make an award to the surviving spouse or domestic partner of a member of the uniformed correctional force or the uniformed sanitation force, employed by the department of correction in any prison or jail under control of the city, or any county within the city, or employed by the department of sanitation, who has been or hereafter shall be killed while engaged in the discharge of duty. Such award shall be fixed in the discretion of the mayor. In case there be no surviving spouse or domestic partner surviving the decedent, such award shall be made to the minor child or children surviving the decedent. Such award shall be paid in one payment as soon after the death of such member of the uniformed correctional or sanitation force as may be possible and shall be in addition to any pension, award or other allowance authorized by law. Notwithstanding any other provision of law to the contrary, and solely for the purposes of this section, a member otherwise covered by this section shall be deemed to have been killed while engaged in the discharge of duty upon which his or her membership is based, provided that such member was in active service upon which his or her membership is based at the time that such member was ordered to active duty pursuant to Title 10 of the United States Code, with the armed forces of the United States or to service in the uniformed services pursuant to 38 U.S.C. Chapter 43, and such member died while on such active duty or service in the uniformed services on or after June fourteenth, two thousand five while serving on such active military duty or in the uniformed services.

§ 3-403 Awards to survivors of certain civilian members of the police department.

  1. Awards to spouses and domestic partners of school crossing guards. The mayor is hereby authorized and empowered to make an award to the spouse or domestic partner of a school crossing guard, appointed as such by the police commissioner pursuant to the provisions of section 14-118 of this code, who has been or hereafter shall be killed while engaged in the discharge of duty. Such award shall equal the annual compensation earnable by a school crossing guard as provided for in the budget for the fiscal year in which death occurs. In case there is no spouse or domestic partner surviving the decedent, such award shall be made to the minor child or children surviving such decedent. Such award shall be paid in one payment as soon after the death of such school crossing guard as may be possible and shall be in addition to any pension, award, or other allowance authorized by law. Notwithstanding any other provision of law to the contrary, and solely for the purposes of this subdivision, a member otherwise covered by this subdivision shall be deemed to have been killed while engaged in the discharge of duty upon which his or her membership is based, provided that such member was in active service upon which his or her membership is based at the time that such member was ordered to active duty pursuant to Title 10 of the United States Code, with the armed forces of the United States or to service in the uniformed services pursuant to 38 U.S.C. Chapter 43, and such member died while on such active duty or service in the uniformed services on or after June fourteenth, two thousand five while serving on such active military duty or in the uniformed services.
  2. Awards to spouses and domestic partners of prevailing rate employees. The mayor is hereby authorized and empowered to make an award to the spouse or domestic partner of a prevailing rate employee, appointed as such by the police commissioner, who has been killed while engaged in the discharge of duty on or after October first, nineteen hundred and ninety-eight and before August first, nineteen hundred and ninety-nine. Such award shall equal the annual compensation earnable by a person holding such prevailing rate title as provided for in the budget for the fiscal year in which death occurs. In case there is no spouse or domestic partner surviving the decedent, such award shall be made to the minor child or children surviving such decedent. Such award shall be paid in one payment as soon after the death of such prevailing rate employee as may be possible and shall be in addition to any pension, award, or other allowance authorized by law.

§ 3-404 Awards to spouses and domestic partners of officers or employees of the city.

The mayor is hereby empowered to make an award to the spouse or domestic partner of any officer or employee of the city who was heretofore or shall hereafter be killed while engaged in the discharge of duty and who, at the time of death, was not or shall not have been a member of a retirement system or pension fund maintained by the city or supported in whole or in part by city funds. Such award shall equal the annual compensation earnable by such officer or employee as provided by law or in the budget for the fiscal year in which death occurs. In case there shall be no spouse or domestic partner surviving the decedent, the award shall be made to the minor child or children of such decedent. In case there shall be no spouse, domestic partner, or child or children so surviving, the award shall be made to the dependent mother, father, or other dependents of such decedent. Such award shall be paid in one payment as soon after the death of such officer or employee as may be possible.

§ 3-405 Awards for death or injuries received by persons other than peace officers while attempting to prevent the commission of a crime, preserve the peace or prevent public disturbances.

Direct action on the part of private citizens in preventing crimes against the person or property of others, preserving the peace or preventing public disturbances, benefits the entire public. The mayor is hereby authorized and empowered to make an award for the death of or injury to any person or persons, other than police officers or peace officers, which has been or shall hereafter be caused in attempting to prevent the commission of a crime against the person or property of another, preserve the peace or prevent public disturbances. Such award shall be fixed in the discretion of the mayor as a matter of grace and not as a matter of right, and shall, in the case of personal injuries, be based upon the medical expenses and loss of earnings incurred by such person injured while attempting to prevent the commission of a crime, preserve the peace or prevent public disturbances. In the case of the death of such person, such award shall be made to the surviving spouse or domestic partner, child or other dependent of such person; and the award may be in a single payment, or may be made in periodic payments under provisions similar to those set forth in section 13-244 of this code, which periodic payments may be in an amount not to exceed the amounts payable pursuant to such section as a pension to the surviving spouse or domestic partner, child or other dependent, as the case may be, of a deceased first-grade police officer. Petitions for an award hereunder must be presented to the mayor within six months after the happening of the occurrence which resulted in such injury or death. Before the mayor shall make such payment, he or she shall require the claimant to execute and deliver an assignment to the city, in such form as shall be approved by the corporation counsel, of an amount equal to the payments made or to be made by the city, payable out of the proceeds of any recovery, whether by judgment, settlement or otherwise, against the city or any person or any public or private corporation alleged to have been responsible for said death or injuries.

§ 3-406 Leases for public purposes.

All applications to lease any real property for the purposes of the city or any of the counties therein, including the premises required in accordance with law for armories and drill rooms and places of deposit for the safekeeping of arms, uniforms, equipment, accoutrements and camp equipage of the national guard, must be presented to and passed upon by the board of estimate. The board, upon the report of the commissioner of general services, and upon such further inquiry as such board, in its discretion, may make, may authorize a lease of such premises as shall be specified in its resolution, at the rent therein set forth for a period not exceeding twenty-one years. Such lease may contain a provision for renewals thereof at the option of the city. Such lease, however, shall not be authorized except at a fair and reasonable rent, and unless the board is satisfied, and shall so express, that it would be for the interest of the city that a lease of the premises for the purposes specified should be made. If the city, prior to the making of the lease, shall have entered upon the possession of the property, the lease may be made to commence as of the date when the occupation commenced.

§ 3-407 Transfer of streets.

The board of estimate may transfer the jurisdiction and control of any street from one agency to another agency.

Chapter 5: Borough Presidents

§ 3-501 Receipts to be recorded and accounted for.

Each borough president shall enter the names of all persons from whom he or she may receive money for the city, on trust account or otherwise, with the amounts received, on what account, and when paid, in books to be provided for that purpose and kept in the borough president’s office, open at all convenient times to public inspection. The borough president shall render a verified account thereof, item by item, to the comptroller, on Thursday of each week, and shall thereupon pay over the amount so received to the director of finance, from whom he or she shall receive duplicate vouchers therefor, one of which the borough president shall file in the office of the comptroller on the same day.

§ 3-502 Permits.

In all cases where provision is made by law that the consent of a borough president shall be obtained to authorize any act to be done, he or she may grant a permit therefor, subject to the restrictions of all laws in relation thereto. Upon granting any such permit, the borough president may exact such cash deposit or bond, or both, as he or she may deem necessary to safeguard the interests of the city.

§ 3-503 President of borough to furnish information.

The president of any borough shall furnish the council and the board of estimate with such surveys, diagrams or other information as may enable them to discharge their duties relative to street and park improvements.

§ 3-504 Borough president; right of entry.

The president of any borough may enter in the day time upon any lands, tenements, hereditaments and waters which he or she shall deem necessary to be surveyed, used or converted, for the purpose of laying out, surveying and monumenting parks, streets, bridges, tunnels and approaches to bridges and tunnels or marking any boundary line or lines.

§ 3-505 Street numbers.

  1. Requirements.

   1. The owner, agent, lessee or other person in charge of any building in the city upon a street to which street numbers of buildings have been assigned by the president of the borough in which such building is situated, shall cause the proper street number or numbers of such buildings to be displayed in such manner that the street number or numbers may at all times be plainly legible from the sidewalk in front of such building. The term “front” as used in this section shall be construed to mean that side of the building which faces the street on which the number or numbers of such building, or premises on which such building is situated, have been assigned. The number or numbers shall be displayed on such side of such building or premises. Each borough president shall have the power to establish and enforce rules and regulations relating to the size, form, visibility and location of street numbers in accordance with the requirements of this section.

   2. Where a building has frontage on more than one street, every side of such building that has an entrance primarily utilized for day-to-day pedestrian ingress and egress shall display either:

      (a) The assigned street number of the street on which such entrance faces, or

      (b) Both the street name and assigned street number of any other street on which an entrance of such building primarily utilized for day-to-day pedestrian ingress and egress faces.

  1. Violations. If the owner, lessee, agent or other person in charge of any building in the city upon a street to which street numbers of buildings have been assigned by the president of the borough in which such building is situated shall fail to display the proper street number of such building, as provided in the foregoing subdivision, the president of the borough in which such building is situated shall forthwith serve such person or persons with a copy of this section, and if after thirty days’ notice the owner, lessee, agent or other person in charge of such building shall fail or neglect to comply with the provisions thereof, he or she shall be subject to a penalty of two hundred fifty dollars, which shall be sued for and collected in the name of the city. Any person who shall continue any such offense shall pay an additional sum of fifty dollars for each day such offense shall continue.

§ 3-506 Borough presidents to adjust numbering.

In all cases where a street shall have been numbered or renumbered, the borough president having jurisdiction shall thereafter adjust and renumber such street as the same may be required from time to time. In numbering and renumbering houses, the borough president shall leave sufficient numbers on each block, so that, under any circumstances, there would be but one block where a change would be required, in case of renumbering at any subsequent time.

§ 3-507 Numbers in certain sections in the borough of Manhattan.

Whenever any street north of Ninth street, inclusive, in the borough of Manhattan, shall be directed to be numbered or renumbered, the president of such borough shall cause the numbers to commence at Fifth avenue, numbering east and west, beginning with number one, on the west side of Fifth avenue; number one hundred, on the west side of Sixth avenue; number two hundred on the west side of Seventh avenue, and so on, east and west of Fifth avenue, through the whole series of streets north of Ninth street, and including Ninth street. Such streets shall hereafter be called and known as East Ninth and West Ninth street, and so on, the dividing line to be Fifth avenue.

§ 3-508 Excavations or embankments near landmarks.

It shall be unlawful for any person to make any excavation or embankment, or to lay or move any pavement or flagging, within three feet of any monument or bolt, which has been set by proper authority, or designated on any official map as a landmark to denote street lines within the city, unless a permit therefor has been obtained from the president of the borough in which such monument or bolt is situated. Applications for such permits shall be in writing, and shall set forth the nature of the work proposed, and the location of all monuments or other landmarks affected thereby. The borough president shall thereupon cause one of the city surveyors or an engineer in the borough president’s office to take such measurements and field notes as may be necessary to restore such monuments or bolts to their correct position after the completion of the contemplated work, and, when such measurements and field notes have been taken, the required permit shall be issued.

§ 3-509 Removal or covering up of landmarks.

It shall be unlawful for any person to remove or cover up a monument or bolt for designating any street, without giving three days’ notice in writing of his or her intention so to do to the commissioner of transportation and to the president of the borough in which the monument or bolt is situated. Upon receiving such a notice, the borough president shall cause one of the city surveyors, or an engineer in the borough president’s office to take the necessary measures to raise or lower such monument or bolt to the proper grade of the street, and, when necessary, to cause such alteration to be noted on records to be kept in the borough president’s office for that purpose. Whenever a borough president shall ascertain that any monument or bolt has been removed, without such notice, he or she shall forthwith cause the same to be placed in its proper position, and shall note the same on the records in the manner hereinbefore stated. The expenses attending such replacement shall be paid by the comptroller, on the certificate of the borough president causing the work to be done.

§ 3-510 Violations.

Any person who shall make any excavation or embankment, or lay or take up any pavement or flagging within three feet of any monument, bolt or other landmark, without having first obtained a permit to perform such work, or who shall in any way remove or deface any monument, bolt or other landmark, shall be punished for each offense by a fine of fifty dollars, imprisonment for not more than thirty days, or both.

Chapter 6: Advisory Commission For the Review of Compensation Levels Of Elected Officials

§ 3-601 Quadrennial advisory commission for the review of compensation levels of elected officials.

  1. Between the first and fifteenth day of January, 2020, and during the same period every fourth year thereafter, the mayor shall appoint three persons for the review of compensation levels of elected officials. The members of the commission shall be private citizens generally recognized for their knowledge and experience in management and compensation matters. The mayor shall appoint one of the members to be chairperson of the commission.
  2. The commission shall study the compensation levels for the mayor, the public advocate, the comptroller, the borough presidents, the council members and the district attorneys of the five counties within the city and shall recommend changes in those compensation levels, if warranted. In making its recommendations the commission shall take into consideration the duties and responsibilities of each position, the current salary of the position and the length of time since the last change, any change in the cost of living, compression of salary levels for other officers and employees of the city, and salaries and salary trends for positions with analogous duties and responsibilities both within government and in the private sector.
  3. The commission shall submit a report to the mayor not later than one hundred twenty days following its appointment containing its recommendations for changes in compensation levels for any elected position set forth in subdivision b or its recommendation that no changes are warranted.
  4. The mayor shall submit the report of the commission along with his or her recommendation for approval, disapproval or modification to the council not later than thirty days after receipt of the report of the commission.
  5. The council in its discretion shall consider the recommendations of the commission and of the mayor for changes in the compensation levels of any such elected position, if any, and approve a local law changing the compensation of the mayor, the public advocate, the comptroller, the borough presidents, the council members, and the district attorneys of the five counties within the city.
  6. The members of the commission shall serve without compensation except that each member shall be allowed his or her actual and necessary expenses, to be audited in the same manner as other city charges.
  7. The commission may hire or contract for necessary staff and technical assistance and may require city agencies to provide such assistance.
  8. The commission shall have a budget as provided for by the mayor.
  9. The commission may hold public hearings and may consult with compensation experts from the public and private sectors.

Chapter 8: Transition and Inaugural Donations And Expenditures

§ 3-801 Transition and inauguration donations and expenses.

  1. Candidates elected to the office of mayor, public advocate, comptroller, borough president, or member of the city council may authorize one or more entities, other than a political committee, for the purpose of accepting donations and loans, and for making expenditures, for transition or inauguration into office. Such donations and loans may not be accepted and such expenditures may not be made on behalf of the candidate prior to the registration with the campaign finance board of each such entity. The campaign finance board shall promulgate rules to establish the time and manner for such registration.
  2. Candidates elected to the office of mayor, public advocate, comptroller, borough president, or member of the city council, and the entities they authorize pursuant to subdivision one of this section, shall:

   (a) not use funds accepted by a political committee authorized by the candidate for any election to make expenditures for transition or inauguration into office, and shall not transfer funds from a political committee to an entity the candidate is required to register pursuant to subdivision one of this section;

   (b) not accept any donation or donations of money, goods, or services from any individual other than the candidate, political committee, employee organization, or entity which in the aggregate exceeds the limit for a non-participating candidate for the applicable office contained in paragraph (f) of subdivision one of section 3-703, as adjusted pursuant to subdivision seven of such section as applicable.

   (c) not incur any liabilities after January thirty-first in the year following the election, nor accept any donations after all liabilities are paid; and

   (d) not accept any donation or donations of money, goods, or services from any corporation, limited liability company, limited liability partnership or partnership not permitted to contribute pursuant to paragraph (l) of subdivision 1 of section 3-703 or from any person whose name appears in the doing business database as of the date of such donation; provided, however, that this limitation on donations shall not apply to any donation to a transition or inauguration entity authorized pursuant to subdivision one of this section made by a natural person who has business dealings with the city where such donation is from the candidate-elect or from the candidate-elect’s parent, spouse, domestic partner, sibling, child, grandchild, aunt, uncle, cousin, niece or nephew by blood or by marriage.

  1. Donations that do not exceed the limitations set forth in paragraph (b) of subdivision 2 of this section may be accepted only from political committees that register with the campaign finance board, as shall be provided for in rules issued by such board. Any donation accepted from a political committee that has not registered with the board prior to making the donation must be returned to the political committee. However, a subsequent donation may be accepted if such political committee registers with the board in accordance with the rules issued by the board.
  2. To the extent not repaid by the date of the candidate’s inauguration into office, a loan received by such entity shall be deemed a donation subject to the limits and restrictions set forth in paragraph (b) of subdivision 2 and subdivision 3 of this section.
    1. Each transition and inauguration entity authorized pursuant to subdivision one of this section shall report to the campaign finance board every donation of money, goods, or services, and every loan, it receives, the full name, residential address, occupation, employer, and business address of each individual, corporation, partnership, political committee, employee organization or other entity making or serving as the intermediary for such donation or loan, and every expenditure it makes.

   (b) Donations aggregating not more than ninety-nine dollars from any one donor need not be separately itemized in disclosure reports submitted to the campaign finance board. The treasurer of such entity need not collect or disclose the occupation, employer, or business address of any donor making donations aggregating not more than ninety-nine dollars.

   (c) Disclosure reports shall be submitted at such times and in such form as the campaign finance board shall require and shall be clearly legible. The campaign finance board shall make available to the public a copy of these disclosure reports within two business days after they are accepted by the campaign finance board.

  1. The final disclosure report submitted by such entity shall set forth the disposition of any funds remaining after all liabilities are paid, after which the entity shall be terminated. If an entity has funds remaining after all liabilities have been paid, it shall return those funds to one or more of the entity’s donors, or if that is impracticable, to the New York city election campaign finance fund.
  2. Entities required to be registered pursuant to subdivision one of this section shall not incur liabilities for purposes other than transition or inauguration into office.
  3. This section shall apply to every candidate elected to the office of mayor, public advocate, comptroller, borough president, or member of the city council, regardless whether such candidate filed a written certification pursuant to section 3-703 of this code.
  4. For purposes of this chapter, the terms “intermediary” and “political committee” shall have such meanings as are set forth in section 3-702 of this code.
  5. Notwithstanding any restriction in this section, a candidate may self-fund his or her own entity.

§ 3-802 Penalties.

  1. Any candidate whose transition or inauguration entity fails to file in a timely manner a statement or record required to be filed by this chapter or the rules of the board in implementation thereof or who violates any other provisions of the chapter or rules promulgated thereunder, and any transition or inauguration entity treasurer or any other agent of the candidate who commits such a violation, shall be subject to a civil penalty in an amount not in excess of ten thousand dollars.
  2. In addition to the penalties provided in subdivision one of this section, if the amount of a donation to the candidate’s transition or inauguration entity exceeds the limitations contained in this chapter such candidate, such entity shall be subject to a civil penalty in an amount not to exceed three times the sum by which such donation exceeds the applicable donation limitation.
  3. The intentional or knowing furnishing of any false or fictitious evidence, books, or information to the board under this chapter, or the inclusion of any evidence, abooks, or information so furnished of a misrepresentation of a material fact, or the intentional or knowing violation of any other provision of this chapter shall be punishable as a class A misdemeanor in addition to any other penalty as may be provided under law.

Chapter 7: Campaign Financing

§ 3-701 Short title.

This chapter shall be known as the “New York City campaign finance act.”

§ 3-702 Definitions.

For purposes of this chapter, the following terms shall have the following meanings:

  1. The term “participating candidate” shall mean any candidate for nomination for election, or election, to the office of mayor, public advocate, comptroller, borough president or member of the city council who files a written certification pursuant to section 3-703 of this chapter.
  2. The term “principal committee” shall mean the authorized committee designated by a candidate pursuant to paragraph (e) of subdivision 1 of section 3-703 or paragraph (a) of subdivision one of section 3-717 of this chapter.
  3. The term “matchable contribution” shall mean (i) a contribution, (ii) contributions or (iii) a portion of a contribution or contributions, not greater than the applicable contribution limitation set forth in paragraph (f) of subdivision one of section 3-703 for all covered elections held in the same calendar year, made by a natural person resident in the city of New York to a participating candidate which has been reported in full to the campaign finance board in accordance with subdivision six of section 3-703 by the candidate’s principal committee and has been contributed on or before December thirty-first in the year of such election that may be matched by public funds in accordance with the provisions of this chapter. Any contribution, contributions, or a portion of a contribution determined to be invalid for matching funds by the board may not be treated as a matchable contribution for any purpose. A loan may not be treated as a matchable contribution. The following contributions are not matchable:

   (a) in-kind contributions of property, goods, or services;

   (b) contributions in the form of the purchase price paid for an item with significant intrinsic and enduring value;

   (c) contributions in the form of the purchase price paid for or otherwise induced by a chance to participate in a raffle, lottery, or similar drawing for valuable prizes;

   (d) money order contributions from any one contributor that are, in the aggregate, greater than $100;

   (e) contributions from individuals under the age of eighteen years;

   (f) contributions from individual vendors to whom the participating candidate or his or her principal committee makes an expenditure, in furtherance of the nomination for election or election covered by the candidate’s certification, unless such expenditure is reimbursing an advance;

   (g) contributions from lobbyists or other persons required to be included in a statement of registration filed pursuant to section 3-213(c)(1) or section 3-213(d). The board shall rely on the database maintained by the city clerk pursuant to section 3-221 or such other information known to the board to determine whether a contribution is not matchable based on the contributor’s status as a lobbyist or person required to be included in a statement of registration filed pursuant to section 3-213;

   (h) contributions from contributors subject to the limitations of subdivision one-a of section 3-703 of this chapter; and

   (i) contributions for which any person subject to the limitations of subdivision one-a of section 3-703 of this chapter acted as an intermediary.

  1. The term “qualified campaign expenditure” shall mean an expenditure for which public funds may be used.
  2. The term “fund” shall mean the New York city election campaign finance fund.
  3. The term “threshold for eligibility” shall mean the total amount of matchable contributions that a participating candidate and his or her principal committee must receive in order for such candidate to qualify for optional public financing pursuant to this chapter.
  4. The term “authorized committee” shall mean a political committee which has been authorized by one or more candidates to aid or take part in the elections of such candidate or candidates and which has filed a statement that such candidate or candidates have authorized such political committee pursuant to section 14-112 of the election law.
  5. The term “contribution” shall mean:

   (a) any gift, subscription, advance, or deposit of money or any thing of value, made in connection with the nomination for election, or election, of any candidate;

   (b) any funds received by a political committee from another political committee to the extent such funds do not constitute a transfer;

   (c) any payment, by any person other than a candidate or a political committee authorized by the candidate, made in connection with the nomination for election, or election, of any candidate, including but not limited to compensation for the personal services of any individual which are rendered in connection with a candidate’s election or nomination without charge; provided however, that none of the foregoing shall be deemed a contribution if it is made, taken or performed by a person or a political committee independent of the candidate or his or her agents or political committees authorized by such candidate pursuant to section 14-112 of the New York state election law. For purposes of this subdivision, the term “independent of the candidate or his or her agents or political committees authorized by such candidate pursuant to section 14-112 of the New York state election law” shall mean that the candidate or his or her agents or political committees so authorized by such candidate did not authorize, request, suggest, foster or cooperate in any such activity; and provided further, that the term “contribution” shall not include:

      (i) the value of services provided without compensation by individuals who volunteer a portion or all of their time on behalf of a candidate or political committee,

      (ii) the use of real or personal property and the cost of invitations, food and beverages voluntarily provided by an individual to a candidate or political committee on the individual’s residential premises for candidate-related activities to the extent such services do not exceed five hundred dollars in value, and

      (iii) the travel expenses of any individual who on his or her own behalf volunteers his or her personal services to any candidate or political committee to the extent such expenses are unreimbursed and do not exceed five hundred dollars in value.

A loan made to a participating candidate or his or her principal committee, or a non-participating candidate or his or her authorized committees other than in the regular course of the lender’s business shall be deemed, to the extent not repaid by the date of the first covered election in which such candidate is governed by this chapter following the date of the loan, a contribution by the lender. A loan made to a participating candidate or his or her principal committee, or a non-participating candidate or his or her authorized committees in the regular course of the lender’s business shall be deemed, to the extent not repaid by the date of the first covered election in which the candidate is governed by this chapter following the date of the loan, a contribution by the obligor on the loan and by any other person endorsing, cosigning, guaranteeing, collateralizing or otherwise providing security for the loan. Childcare services for which the candidate has received an approved statement of campaign childcare eligibility, but for which there is no campaign expenditure, shall not be deemed an in-kind contribution if rendered below cost.

  1. The term “transfer” shall mean any exchange of funds or any thing of value between political committees authorized by the same candidate pursuant to section 14-112 of the election law and taking part solely in his or her campaign.
  2. The term “covered election” shall mean any primary, run-off primary, special, run-off special or general election for nomination for election, or election, to the office of mayor, public advocate, comptroller, borough president or member of the city council.
  3. The term “political committee” shall mean any corporation aiding or promoting and any committee, political club or combination of one or more persons operating or cooperating to aid or to promote the success or defeat of a political party or principle, or to aid or take part in the election or defeat of a candidate for public office or to aid or take in the election or defeat of a candidate for nomination at a primary election or convention, including all proceedings prior to such primary election, or of a candidate for any party position voted for at a primary election, or to aid or defeat the nomination by petition of an independent candidate for public office; but nothing in this chapter shall apply to any committee or organization for the discussion or advancement of political questions or principles without connection with any vote. “Political committee” shall include any party committee or constituted committee, as such committees are defined in article fourteen of the election law.
  4. The term “intermediary” shall mean an individual, corporation, partnership, political committee, employee organization or other entity which, (i) other than in the regular course of business as a postal, delivery or messenger service, delivers any contribution from another person or entity to a candidate or other authorized committee; or (ii) solicits contributions to a candidate or other authorized committee where such solicitation is known to such candidate or his or her authorized committee. For purposes of clause (ii) of this subdivision only persons clearly identified as the solicitor of a contribution to the candidate or his or her authorized committee shall be presumed to be known to such candidate or his or her authorized committee. “Intermediary” shall not include spouses, domestic partners, parents, children or siblings of the person making such contribution, or any fundraising agent, as such term is defined in the rules of the board or any hosts of a campaign sponsored fundraising event paid for in whole or in part by the campaign. Where there are multiple individual hosts for a non-campaign sponsored event, the hosts shall designate one such host as the intermediary.
  5. The term “limited participating candidate” shall mean a candidate who meets the requirements of paragraph (a) of subdivision one of section 3-717 of this chapter.
  6. The term “non-participating candidate” shall mean any candidate for nomination for election, or election, to the office of mayor, public advocate, comptroller, borough president or member of the city council who does not file a written certification pursuant to section 3-703 or meet the requirements of paragraph (a) of subdivision one of section 3-717 of this chapter, or who has, or the authorized committees of such candidate have, made expenditures in furtherance of the nomination for election or election to an office covered by this chapter.
  7. The term “labor organization” shall mean any organization including any local, state, district council, joint council or national organization which exists and is constituted for the purpose, in whole or in part, of collective bargaining, or of dealing with employers concerning grievances, terms or conditions of employment, or of other mutual aid or protection. For purposes of this section a labor organization shall also include any political committee it has established pursuant to state or federal law.
  8. The term “lobbyist” shall mean a lobbyist as defined in subdivision (a) of section 3-211 of this title and the spouse or domestic partner and unemancipated children of the lobbyist, and if the lobbyist is an organization, the term “lobbyist” shall mean only that division of the organization that engages in lobbying activities and any officer or employee of such lobbyist who engages in lobbying activities of the organization or is employed in an organization’s division that engages in lobbying activities of the organization and the spouse or domestic partner and unemancipated children of such officers or employees.
  9. The term “lobbying” or “lobbying activities” shall mean lobbying and lobbying activities as defined in section 3-211 of this title.
    1. The term “business dealings with the city” shall mean (i) one or more contracts (other than an emergency contract or a contract procured through publicly-advertised competitive sealed bidding) with a single person or entity for the procurement of goods, services or construction that are in effect or that were entered into within the preceding twelve-month period with the city of New York or any agency or entity affiliated with the city of New York and have a total value at or above $100,000, or, with respect to contracts for construction, at or above $500,000, and shall include any contract for the underwriting of the debt of the city of New York or any agency or entity affiliated with the city of New York and the retention of any bond counsel, disclosure counsel or underwriter’s counsel in connection therewith; or (ii) any acquisition or disposition of real property (other than a public auction or competitive sealed bid transaction or the acquisition of property pursuant to the department of environmental protection watershed land acquisition program) with the city of New York or any agency or entity affiliated with the city of New York; or (iii) any application for approval sought from the city of New York pursuant to the provisions of section 195 of the charter, any application for approval sought from the city of New York that has been certified pursuant to the provisions of section 197-c of the charter, and any application for a zoning text amendment that has been certified pursuant to section 201 of the charter; provided, however, that for purposes of this clause, with respect to section 195 an applicant shall include the lessor of an office building or office space, and with respect to section 197-c an applicant shall include a designated developer or sponsor of a project for which a city agency or local development corporation is the applicant and provided, further, however, that owner-occupants of one, two and three family homes shall not be considered applicants pursuant to this clause; or (iv) one or more concessions (other than a concession awarded through publicly-advertised competitive sealed bid) or one or more franchises with a single person or entity that are in effect or that were entered into within the preceding twelve-month period from the city of New York or any agency or entity affiliated with the city of New York which have a total estimated annual value at or above $100,000; or (v) one or more grants made to a single person or entity that are in effect or that were entered into within the preceding twelve-month period that have a total value at or above $100,000, received from the city of New York or any agency or entity affiliated with the city of New York; or (vi) any economic development agreement entered into or in effect with the city of New York or any agency or entity affiliated with the city of New York; or (vii) any contract for the investment of pension funds, including investments in a private equity firm and contracts with investment related consultants. In addition, for purposes of this chapter a lobbyist as defined in section 3-211 of this title shall be deemed to be engaged in business dealings with the city of New York during all periods covered by a registration statement. For purposes of clauses (i), (iv) and (v) of this subdivision, all contracts, concessions, franchises and grants that are $5,000 or less in value shall be excluded from any calculation as to whether a contract, concession, franchise or grant is a business dealing with the city. For purposes of clauses (ii) and (iii) of this subdivision, the department of city planning, in consultation with the board, may promulgate rules to require the submission by applicants to the city of information necessary to implement the requirements of subdivisions 1-a and 1-b of section 3-703 of this chapter as they relate to clauses (ii) and (iii) of paragraph (a) of this subdivision for purposes of inclusion in the doing business database established pursuant to subdivision 20 of this section. For purposes of this subdivision, “agency or entity affiliated with the city of New York” shall mean the city school district of the city of New York and any public authority, public benefit corporation or not for profit corporation, the majority of whose board members are officials of the city of New York or are appointed by such officials. The department of housing preservation and development shall promulgate rules setting forth which categories of actions, transactions and agreements providing affordable housing shall and shall not constitute business dealings with the city of New York for purposes of this subdivision. The department shall consider the significance of the affordable housing program and the degree of discretion by city officials in determining which actions, transactions and agreements shall and shall not constitute such business dealings. Notwithstanding any provision of this subdivision, a housing assistance payment contract between a landlord and the department of housing preservation and development or the New York city housing authority relating to the provision of rent subsidies pursuant to Section 8 of the United States Housing Act of 1937, 42 USC 1437 et., seq., shall not constitute business dealings with the city of New York for the purposes of this subdivision.

   b. Business dealings with the city as defined in this subdivision shall be as follows: for purposes of clause (i) of paragraph (a) of this subdivision, bids or proposals on contracts for the procurement of goods, services, or construction shall only constitute business dealings with the city of New York for the period from the later of the submission of the bid or proposal or the date of the public advertisement for the contract opportunity until twelve months after the date of such submission or advertisement, and contracts for the procurement of goods, services or construction shall only constitute business dealings with the city of New York during the term of such contract (or in the case of purchase contracts for goods, from the date of such purchase) and for twelve months thereafter, provided, however that where such contract award is made from a line item appropriation and/or discretionary funds made by an elected official other than the mayor or the comptroller, such contract shall only constitute business dealings with the city from the date of adoption of the budget in which the appropriation of such contract is included until twelve months after the end of the term of such contract; for purposes of clause (ii) of paragraph a of this subdivision, leases in which the city of New York is the proposed lessee shall only constitute business dealings with the city from the date the application for acquisition is filed pursuant to section 195 or the date of the certification of such application pursuant to section 197-c to a period of one year after the commencement of the lease term or after the commencement of any renewal and, where the city or any city affiliated entity is disposing of any real property interest, shall only constitute business dealings with the city from the date of the submission of a proposal and during the term of any agreement and one year after; for purposes of clause (iii) of paragraph (a) of this subdivision, applications for approval sought from the city of New York pursuant to the provisions of sections 197-c or 201 of the charter, except for applications for leases as described in clause (ii), shall only constitute business dealings with the city from the date of the certification of such application to the date that is one hundred twenty days after the date of filing by the council with the mayor of its action pursuant to subdivision e of section 197-d of the charter or, in the case of a decision of the city planning commission for which the council takes no action pursuant to paragraph (3) of subdivision (b) of section 197-d of the charter, the date which is twenty days following the filing of such decision with the council pursuant to subdivision a of section 197-d of the charter, provided, however, that in the case of a disapproval of a council action by the mayor pursuant to subdivision e of section 197-d of the charter, such date shall be one hundred twenty days after expiration of the ten day period for council override pursuant to such section; for purposes of clause (iv) of paragraph (a) of this subdivision, bids or proposals for franchises and concessions shall only constitute business dealings with the city of New York for the period from the submission of the bid or proposal until twelve months after the date of such submission, concessions shall only constitute business dealings with the city of New York during the term of such concession and for twelve months after the end of such term, and franchises shall only constitute business dealings with the city of New York for the period of one year after the commencement of the term of the franchise or after the commencement of any renewal; for purposes of clause (v) of paragraph (a) of this subdivision, grants shall constitute business dealings with the city of New York for one year after the grant is made; for purposes of clause (vi) of paragraph (a) of this subdivision, economic development agreements shall constitute business dealings with the city from the submission of an application for such agreement and during the term of such agreement and for one year after the end of such term; and for purposes of clause (vii) of paragraph (a) of this subdivision, contracts for the investment of pension funds, including the investments in a private equity firm and contracts with investment related consultants shall constitute business dealings with the city from the time of presentation of investment opportunity or the submission of a proposal, whichever is earlier, and during the term of such contract and for twelve months after the end of such term.

   c. Notwithstanding anything in this subdivision, a person, as defined by subdivision 20 of section 3-702, who has submitted bids or proposals on contracts for the procurement of goods, services or construction or who has submitted bids or proposals for franchises or concessions that are no longer being considered for an award or a person who for any other reason believes he or she should not be on the database may apply to the city chief procurement officer or other person designated by the mayor for removal from the doing business database and shall be removed from the database upon a determination that said person should not be included in the database. The city chief procurement officer may promulgate rules for a process by which a person, as defined by subdivision 20 of section 3-702, may apply to the city chief procurement officer for a waiver from inclusion in the doing business database as defined by such subdivision in instances in which such person is providing essential goods, services or construction such as those necessary for security or other essential government operations. Such rules shall provide that the city chief procurement officer shall transmit to the board a copy of any application for a waiver and any such waiver may not be granted prior to the expiration of ten days from the date such application is received by the board. Such rules shall also provide that any such waiver may be granted only after substantial efforts have been made by the city chief procurement officer to obtain the information required by this law. Such rules shall also provide that the city chief procurement officer may grant the waiver only upon a finding that it is in the best interests of the city, which finding shall only be made upon a determination that (i) there is a compelling need to obtain such essential goods, services or construction from the person seeking the exemption and (ii) no other reasonable alternative exists in light of such considerations as cost, uniqueness and the critical nature of such goods, services or construction to the accomplishment of the purchasing agency’s mission. Such rules may also provide that a waiver may be granted when a person is doing business with the city by virtue of the city’s exercise of its powers of eminent domain. Any grant of a waiver shall be posted on the city’s and the board’s website in locations that are accessible by the public.

   d. A person, as defined by subdivision 20 of section 3-702, shall be considered to have business dealings with the city as of the date the person’s name is entered in the doing business database, as such date is indicated in such database, or the date the person began doing business with the city, as such date is indicated in such database, whichever is earlier, except that the date on which the person is considered doing business with the city shall not be earlier than thirty days before the date the person’s name is entered into such database.

  1. The term “economic development agreement” means any contract or agreement in which financial incentives including, but not limited to, tax incentives, payments in lieu of taxes and financing are offered in return for the development, attraction or retention of business; provided, however that no financial incentives which are given to a person who qualifies for such incentive by operation of law shall be deemed to be pursuant to an economic development agreement for purposes of this chapter.
  2. The term “doing business database” means a computerized database accessible to the board that contains the names of persons who have business dealings with the city; provided, however that for purposes of this chapter the doing business database shall not be required to contain the names of any person whose business dealings with the city are solely of a type for which the board has not certified that such database includes the names of those persons engaged in such type of business dealings with the city. Such database shall be developed, maintained and updated by the office of the mayor in a manner so as to ensure its reasonable accuracy and completeness; provided, however, that in no event shall such database be updated less frequently than once a month. Such computerized database shall contain a function to enable members of the public to determine if a given person is in the database because such person has business dealings with the city and the date a person is considered doing business with the city pursuant to paragraph d of subdivision 18 of this section. A searchable list of persons removed from such computerized database, pursuant to paragraph c of subdivision 18 of this section, within the preceding five years, including the date the persons were considered doing business with the city and the date of removal from such computerized database, shall also be made available on the city’s website. For purposes of this definition, the term “person” shall include an entity that has business dealings with the city, any chief executive officer, chief financial officer and/or chief operating officer of such entity or persons serving in an equivalent capacity, any person employed in a senior managerial capacity regarding such entity, or any person or organization with an interest in such entity which exceeds ten percent of the entity provided, however, that “entity” for purposes of this definition shall not include a neighborhood, community or similar association consisting of local residents or homeowners organized on a non-profit basis where such association is the applicant pursuant to subsection (3) of subdivision (a) of section 197-c of the charter or pursuant to section 201 of the charter or is a parent company or an affiliated company of an entity. For purposes of this subdivision, the phrase “senior managerial capacity” shall mean a high level supervisory capacity, either by virtue of title or duties, in which substantial discretion and oversight is exercised over the solicitation, letting or administration of business transactions with the city, including contracts, franchises, concessions, grants, economic development agreements and applications for land use approvals.
    1. For purposes of campaigns that accept public funds pursuant to section 3-705 of this chapter, the terms “expenditure” and “campaign expenditure” shall include all payments and liabilities in furtherance of a political campaign for covered office, including, but not limited to, all qualified campaign expenditures and expenditures subject to or exempt from the expenditure limitations of this chapter. There shall be a rebuttable presumption that the following expenditures are in furtherance of a political campaign for elective office; provided, however, that the presumptions contained in this subdivision shall not apply to an expenditure to a person or entity associated with the candidate; and provided further that in rebutting any such presumption the campaign finance board may consider factors including the timing of the expenditure and whether the campaign had an unusually high amount of spending on a particular type of expenditure. For purposes of this subdivision a person or entity associated with a candidate shall include the candidate’s spouse, domestic partner, child, parent, or sibling or a person or entity with whom or with which the candidate has a business or other financial relationship:

      1. Contributions to charitable organizations designated as 501(c)(3) organizations pursuant to the internal revenue code;

      2. Contributions to candidates and political committees subject to the provisions of section 3-705(8);

      3. Community events including, but not limited to, events hosted by civic and neighborhood associations; provided, however, that this presumption shall not apply to sporting events, concerts, theater or other entertainment events which shall be subject to the provisions of paragraph b;

      4. Ballot proposal advocacy where there are indicia that the expenditure relates to the candidate;

      5. Travel related solely and exclusively to a political campaign for a covered office or the holding of public office; provided, however, that any travel not related solely and exclusively to a political campaign or the holding of public office shall be subject to the provisions of paragraph b;

      6. Legal defense of a non-criminal matter arising out of a political campaign; 7. Computer hardware, software and other office technology purchased more than two weeks before the date of a primary election, in the case of a candidate who is opposed in the primary election, or two weeks before the date of a general election, in the case of a candidate who was not opposed in a primary election;

      8. A post-election event for staff, volunteers and/or supporters held within thirty days of the election;

      9. Payment of non-criminal penalties or fines arising out of a political campaign;

      10. Costs incurred in demonstrating eligibility for the ballot or public funds payments or defending against a claim that public funds must be repaid;

      11. Food and beverages provided to campaign workers and volunteers;

      12. Expenditures to facilitate, support, or otherwise assist in the execution or performance of the duties of public office; and

      13. Childcare services, provided that: (i) the candidate has received an approved statement of campaign childcare eligibility, pursuant to subdivision 23 of this section, demonstrating that such services are for a child or children under thirteen years of age for whom the candidate is a primary caregiver and that either the need for such services would not exist but for the campaign or the candidate has experienced a significant loss of salary or wage earnings that would not have occurred but for the campaign; and (ii) that expenditures for such services may only be incurred during the calendar year of the election, and the year immediately preceding the calendar year of the election, and may not be incurred after such election is held.

   b. Campaign funds shall not be converted by any person to a personal use which is unrelated to a political campaign. Expenditures not in furtherance of a political campaign for elective office include the following:

      1. Expenditures to defray the normal living expenses of the candidate, immediate family of the candidate or any other individual except for the provision of such expenses for professional staff as part of a compensation package;

      2. Any residential or household items, supplies or expenditures;

      3. Clothing, haircuts and other personal grooming;

      4. Funeral, cremation or burial expenses including any expenses related to a death within a candidate’s or officeholder’s family;

      5. Automobile purchases;

      6. Tuition payments and childcare costs, except as permitted by subparagraph 13 of paragraph a of this subdivision;

      7. Dues, fees or gratuities at a country club, health club, recreational facility or other nonpolitical organization unless part of a specific fundraising event that takes place on the organization’s premises;

      8. Admission to a sporting event, theater, concert or other entertainment event not part of a specific campaign activity;

      9. Expenditures for non-campaign related travel, food, drink or entertainment; if a candidate uses campaign funds to pay expenses associated with travel that involves both personal activities and campaign activities, the incremental expenses that result from the personal activities shall be considered for personal use unless the candidate benefiting from the use reimburses the campaign account within thirty days for the full amount of the incremental expenses; and

      10. Gifts, except for brochures, buttons, signs and other campaign materials and token gifts valued at not more than fifty dollars that are for the purpose of expressing gratitude, condolences or congratulations.

  1. The term “text message contribution” shall mean a contribution, initiated via a text message, to a participating or non-participating candidate.
  2. The term “approved statement of campaign childcare eligibility” shall mean a statement submitted by the candidate, and approved by the board, demonstrating eligibility for childcare services consistent with the requirements of subparagraph 13 of paragraph a of subdivision 21 of this section. Such statement shall be submitted to the board before any childcare services expenditures are incurred and shall be approved or denied by the board within 10 days of submission, provided that a candidate may submit additional statements if denied or if a change in need occurs. At the time of approval of such statement, the board shall provide such candidate with information and guidance on allowable childcare services expenditures.

§ 3-703 Eligibility and other requirements.

  1. To be eligible for optional public financing under this chapter, a candidate for nomination for election or election must:

   (a) meet all the requirements of law to have his or her name on the ballott, or, for a disbursement of optional public financing occurring prior to two weeks after the last day to file designating petitions for a primary election, certify that he or she intends to meet all the requirements of law to have his or her name on the ballot for the primary or general election;

   (b) be a candidate for mayor, public advocate, comptroller, borough president or member of the city council in a primary, special, or general election and meet the threshold for eligibility set forth in subdivision two of this section;

   (c) choose to participate in the public funding provisions of this chapter, by filing a written certification in such form as may be prescribed by the campaign finance board, which sets forth his or her acceptance of and agreement to comply with the terms and conditions for the provision of such funds. The deadline for filing such certification shall be:

      (i) for a primary and general election, (A) the ninth Monday preceding the primary election, or such other later date as the board shall provide, or (B) the thirtieth day after a special election is held to fill a vacancy for the office sought by the candidate; whichever is later; provided, however, that any candidate who files such written certification prior to such date shall be permitted to rescind such certification in writing on or before such date or prior to the receipt of public funds, whichever occurs first;

      (ii) for a special election to fill a vacancy, the fourteenth day after the proclamation of such special election.

      (iii) A certification may be filed on or before the seventh day after the occurrence of an extraordinary circumstance in an election, as declared by the campaign finance board, following the receipt and review of a petition submitted by a candidate in such election. For purposes of this paragraph, an “extraordinary circumstance” shall include the death of a candidate in the election, the resignation or removal of the person holding the office sought, and the submission to the board of a written declaration by an officeholder that terminates his or her campaign for reelection;

   (d) obtain and furnish to the campaign finance board, and his or her principal committee or authorized committees must obtain and furnish to the board, any information it may request relating to his or her campaign expenditures or contributions and furnish such documentation and other proof of compliance with this chapter as may be requested by such board, provided, however, that the board shall accept such required documentation through an electronically scanned transmission. For contributions submitted in support of a claim for matching funds, the following records shall be maintained by a candidate and his or her principal or authorized committee:

      (i) for a contribution by cash, a contribution card containing the contributor’s name and residential address and the amount of the contribution;

      (ii) for a contribution by money order, a copy of the money order, provided that a contribution card containing the contributor’s name and residential address shall be required if such information is not printed upon such money order by the issuing institution;

      (iii) for a contribution by check, a copy of the check, made out to the principal or authorized committee, provided that a contribution card from the contributor demonstrating an intent to contribute shall be required if such check is signed by a person other than the contributor;

      (iv) for a contribution by credit card, text message contribution or other contribution from a payment account, a record from the merchant, processor or vendor containing the contributor’s name, residential address, the amount of the contribution and an indicator showing that the contribution was charged to the contributor’s account and processed. For a contribution by text message, the contributor’s phone number must also be included, as well as the name, residential address and phone number of the registered user of the specific mobile device used to initiate the contribution, to the extent such information may be reasonably obtained under law;

      (v) A contribution card shall not be required, except where specified, for contributions pursuant to subparagraphs (ii), (iii), and (iv) of this paragraph. Where a contribution card is required, such card may be completed by the candidate or his or her principal or authorized committee after the contribution has been made, provided that such card is dated, and signed or electronically affirmed by the contributor after such card has been completed by the candidate or his or her principal or authorized committee. Neither the candidate nor his or her principal or authorized committee shall alter or change a signed or affirmed contribution card;

   (e) notify the board in the candidate’s written certification as to: (i) the existence of each authorized committee authorized by such candidate that has not been terminated, (ii) whether any such committee also has been authorized by any other candidate, and (iii) if the candidate has authorized more than one authorized committee, which authorized committee has been designated by the candidate as the candidate’s principal committee for the election(s) covered by the candidate’s certification; provided, that such principal committee (i) shall be the only committee authorized by such candidate to aid or otherwise take part in the election(s) covered by the candidate’s certification, (ii) shall not be an authorized committee of any other candidate, and (iii) shall not have been authorized or otherwise active for any election prior to the election(s) covered by the candidate’s certification. The use of an entity other than the designated principal committee to aid or otherwise take part in the election(s) covered by the candidate’s certification shall be a violation of this section and shall trigger the application to such entity of all provisions of this chapter governing principal committees;

   (f) not accept and his or her principal committee, or authorized committees must not accept, either directly or by transfer, any contribution or contributions from any one individual, partnership, political committee, labor organization or other entity for all covered elections held in the same calendar year in which he or she is a participating candidate which in the aggregate: (i) for the office of mayor, public advocate or comptroller shall exceed two thousand dollars, or (ii) for borough president, shall exceed one thousand five hundred dollars, or (iii) for member of the city council, shall exceed one thousand dollars; or a non-participating candidate which in the aggregate: (i) for the office of mayor, public advocate or comptroller shall exceed three thousand five hundred dollars, or (ii) for borough president, shall exceed two thousand five hundred dollars, or (iii) for member of the city council, shall exceed one thousand five hundred dollars; provided that a participating candidate and his or her principal committee or a non-participating candidate and his or her authorized committees may accept additional contributions which do not exceed one half the amount of the applicable limitation for any run-off primary election, additional day for voting held pursuant to section 3-108 of the New York state election law, special election to fill a vacancy, run-off special election to fill a vacancy, delayed or otherwise postponed election, or election held pursuant to court order which is a covered election and in which the candidate seeks nomination for election or election; and provided further that for the purposes of this paragraph, contributions made by different labor organizations shall not be aggregated or treated as contributions from a single contributor for purposes of the contribution limit that is set forth in this paragraph if those labor organizations make contributions from different accounts, maintain separate accounts with different signatories, do not share a majority of members of their governing boards, and do not share a majority of the officers of their governing boards; and provided further that if state law prescribes a contribution limitation of a lesser amount, this paragraph shall not be deemed to authorize acceptance of a contribution in excess of such lesser amount. The maximum contributions set forth in this paragraph shall be adjusted in accordance with subdivision seven of this section;

   (g) maintain and his or her principal committee or authorized committees must maintain such records of receipts and expenditures for a covered election as required by the board;

   (h) not make expenditures from or use his or her personal funds or property or the personal funds or property jointly held with his or her spouse, domestic partner, or unemancipated children in connection with his or her nomination for election or election except as a contribution to his or her principal committee in an amount that does not exceed three times the maximum contribution amount applicable pursuant to paragraph (f) of this subdivision. Such candidate shall not make expenditures from or use other personal funds or property of his or her spouse, domestic partner or unemancipated children in connection with his or her nomination for election or election; provided that this paragraph shall not be construed to limit contributions by persons other than the candidate;

   (i) not make and his or her principal committee must not make expenditures which in the aggregate exceed the applicable expenditure limitations set forth in section 3-706;

   (j) meet the threshold for eligibility set forth in subdivision two of this section;

   (k) not accept and his or her principal committee must not accept, either directly or by transfer, any contribution, loan, guarantee, or other security for such loan from any political committee for all covered elections held in the same calendar year in which he or she is a participating candidate, except as is otherwise provided for contributions by political committees pursuant to section 3-707 of this chapter; and

   (l) not accept and his or her principal committee or authorized committees must not accept, either directly or by transfer, any contribution, loan, guarantee, or other security for such loan from any corporation, limited liability company, limited liability partnership or partnership, other than a corporation, limited liability company, limited liability partnership or partnership that is a political committee as defined in subdivision eleven of section 3-702 of this chapter, for all covered elections held in the same calendar year in which he or she is a participating or non-participating candidate, provided, however, that where a contribution is from a contributor whose name is followed by a professional designation including but not limited to “M.D.”, “Esq.” and “C.P.A.” the board shall not treat such contribution as coming from a corporation, limited liability company, limited liability partnership or partnership in the absence of further indicia that such contribution is from such an entity;

   (m) fulfill the requirements of section 12-110 of the administrative code of the city of New York, including payment of any penalties as determined by the conflicts of interest board.

      (i) The conflicts of interest board shall maintain a record of all candidates in compliance with section 12-110 of the administrative code of the city of New York. Such record shall indicate the date of filing of the candidate’s most recent annual disclosure report and the status of the candidate’s compliance with section 12-110 of the administrative code for all years for which the candidate is required to file. Such record shall be provided to the campaign finance board upon request.

      (ii) A participating candidate shall fulfill the requirements of section 12-110 of the administrative code to the satisfaction of the conflicts of interest board by the twenty-fifth day after the last day for filing his or her designating or independent nominating petitions pursuant to the election law in the year of the covered election, or such other later date as the campaign finance board shall provide by rule, provided that in a special election to fill a vacancy such deadline shall be established by campaign finance board rule, and further provided that a participating candidate seeking public funds for a December 15, January 15, February 15, March 15, or April 15 payment date shall file a report or reports as required by subparagraph (a) of paragraph 2 of subdivision b of section 12-110 and in order for such candidate to receive public funds on any such payment date the participating candidate shall fulfill the requirements of section 12-110 to the satisfaction of the conflicts of interest board by no less than three days prior to such payment date. A participating candidate that files a report covering the first nine months of the year preceding the year of the covered election shall not be eligible for further receipt of public funds after January 15 of the year of the covered election until a report covering the entire calendar year preceding the year of the covered election, as required by subparagraph (a) of paragraph 2 of subdivision b of section 12-110, has been made to the satisfaction of the conflicts of interest board and if such requirements are not satisfied then such participating candidate shall be liable for the repayment of any public funds received for such covered election.

      (iii) A participating candidate who fails to adhere to the requirements of subparagraph (ii) of this paragraph may thereafter satisfy the requirements of this paragraph by fulfilling the requirements of section 12-110 of the administrative code to the satisfaction of the conflicts of interest board. The campaign finance board shall thereafter allow the participating candidate to make a claim for public funds upon satisfying the requirements of this paragraph and all other applicable law, rules and regulations; provided, however that a failure to fulfill the requirements of section 12-110 of the administrative code to the satisfaction of the conflicts of interest board in a timely fashion pursuant to subparagraph (ii) of this paragraph may result in a delay of any payment of public funds by the board.

   (n) satisfy any claim made by the board for the payment of civil penalties or repayment of public funds that remains outstanding against such candidate or his or her principal committee or an authorized committee of such candidate from a prior covered election, if (i) the candidate had written notice of such potential claim and ineligibility to receive public funds prior to filing a written certification for the current covered election pursuant to paragraph (c) of this subdivision, or (ii) in the event no such timely notice has been given pursuant to subparagraph (i), the candidate has been given an opportunity to present to the board reasons he or she should be eligible to receive public funds.

   (o) agree that expenditures by his or her principal committee for the purpose of advocating a vote for or against a proposal on the ballot in an election that is also a covered election shall be subject to the contribution and expenditure limitations applicable in such covered election.

1-a. Notwithstanding any inconsistent provision of this section, a participating candidate or his or her principal committee may not accept, either directly or by transfer, any contribution or contributions for a covered election in which he or she is a participating candidate from a natural person who has business dealings with the city, as that term is defined in subdivision eighteen of section 3-702 of this chapter, if the aggregate of such contributions to such candidate from such person for all covered elections in the same calendar year exceeds: (i) for the office of mayor, public advocate or comptroller four hundred dollars; (ii) for borough president three hundred twenty dollars; and (iii) for member of the city council two hundred fifty dollars; provided that a participating candidate or his or her principal committee may accept additional contributions which do not exceed one half the amount of the applicable limitation for any run-off primary election, additional day for voting held pursuant to section 3-108 of the New York state election law, special election to fill a vacancy, run-off special election to fill a vacancy, delayed or otherwise postponed election, or election held pursuant to court order which is a covered election and in which the candidate seeks nomination for election or election. Any contribution made pursuant to this section shall not be a matchable contribution. For purposes of this subdivision, “person” shall include any chief executive officer, chief financial officer and/or chief operating officer of an entity which has business dealings with the city, any person employed in a senior managerial capacity regarding such an entity, or any person with an interest in such an entity which exceeds ten percent of the entity. For purposes of this subdivision, the phrase “senior managerial capacity” shall mean a high level supervisory capacity, either by virtue of title or duties, in which substantial discretion and oversight is exercised over the solicitation, letting or administration of business transactions with the city, including contracts, franchises, concessions, grants, economic development agreements and applications for land use approvals. Notwithstanding any provision of this subdivision, the limitations on contributions contained herein shall not apply to any contribution made by a natural person who has business dealings with the city to a participating candidate or his or her principal committee where such participating candidate is the contributor, or where such participating candidate is the contributor’s parent, spouse, domestic partner, sibling, child, grandchild, aunt, uncle, cousin, niece or nephew by blood or by marriage.

1-b. Individuals and organizations having business dealings with the city of New York.

   a. Each participating candidate and his or her principal committee shall provide to every individual or entity making a contribution, loan, guarantee or other security for such loan in excess of the amounts set forth in subdivision 1-a of section 3-703 a notice containing the statement “If a contributor has business dealings with the City as defined in the campaign finance act, such contributor may contribute only up to two hundred fifty dollars for city council, three hundred twenty dollars for borough president and four hundred dollars for mayor, comptroller or public advocate.” The principal committee shall report each contribution to the board on the next applicable filing deadline in accordance with the board’s disclosure schedule. The board shall check each contribution against the doing business database and shall notify the principal committee within twenty days of the reporting of such contribution if a contribution exceeding the doing business contribution limitation set forth in subdivision 1-a of section 3-703 is subject to such limitations of this subchapter or if a contribution is not matchable pursuant to such subdivision. Notwithstanding any provision in this subdivision, in the six weeks preceding the covered election the board shall provide such notification to the principal or authorized committee within four business days of the reporting of such contribution to the board in accordance with applicable reporting deadlines. If the board fails to notify the principal committee that a contribution is in excess of the limitations set forth in subdivision 1-a of section 3-703 of this chapter in accordance with this subdivision, any such contribution shall be deemed valid for purposes of such limitation, provided, however, that no such contribution shall be matchable. Such principal committee shall have twenty days from the date of any such notification to return the amount of any contribution in excess of the limitations set forth in subdivision 1-a of section 3-703 to the contributor. No violation shall issue and no penalty shall be imposed where such excess amount is postmarked or delivered within twenty days of such notification by the board and the board shall not designate a candidate as having accepted a contribution in excess of such limitations where such excess has been returned in accordance with the time limitations set forth herein. Failure to return such excess amount in accordance with the provisions herein shall not result in the board withholding public funds for which the participating candidate’s principal committee is otherwise eligible pursuant to section 3-705 of this chapter; provided, however, that the board may deduct an amount equal to the total unreturned contributions in excess of the limitations set forth in subdivision 1-a of section 3-703 of this chapter from such payment of public funds. For purposes of this section, “individual” shall include any chief executive officer, chief financial officer, and/or chief operating officer of an entity or persons serving in an equivalent capacity, any person in a senior managerial capacity regarding an entity, or any person with an interest in an entity, which exceeds ten percent of the entity. For purposes of this subdivision, the phrase “senior managerial capacity” shall mean a high level supervisory capacity, either by virtue of title or duties, in which substantial discretion and oversight is exercised over the solicitation, letting or administration of business transactions with the city, including contracts, franchises, concessions, grants, economic development agreements, and applications for land use approvals.

1-c. Notwithstanding any inconsistent provision of this section, a participating and non-participating candidate and his or her principal or authorized committee may accept text message contributions; provided, however, that such contributions may not exceed ninety nine dollars per contributor per candidate for all covered elections in the same calendar year, and further provided that the contributor shall certify via text message that he or she will personally pay the amount specified to the wireless service provider, and shall provide such other certifications as the board shall require. A text message contribution shall be attributed to the individual who is the registered user of the specific mobile device from which the contribution was initiated; shall be reported in accordance with the requirements of subdivision six of this section; and shall be a matchable contribution pursuant to subdivision three of section 3-702, provided such contribution meets the requirements of that subdivision, of this section, and of the rules of the board.

   2. (a) The threshold for eligibility for public funding for participating candidates in a primary or general election for mayor, public advocate, comptroller, borough president or member of the city council, or special election to fill a vacancy for borough president or member of the city council, shall be in the case of:

         (i) mayor, not less than two hundred fifty thousand dollars in matchable contributions comprised of sums up to two hundred fifty dollars per contributor including at least one thousand matchable contributions of ten dollars or more;

         (ii) public advocate and comptroller, not less than one hundred twenty-five thousand dollars in matchable contributions comprised of sums of up to two hundred fifty dollars per contributor including at least five hundred matchable contributions of ten dollars or more;

      (iii) borough president, an amount equal to the number of persons living in such borough as determined by the last census multiplied by two cents in matchable contributions comprised of sums of up to one hundred seventy-five dollars per contributor including at least one hundred matchable contributions of ten dollars or more from residents of the borough, or ten thousand dollars comprised of sums of up to one hundred seventy-five dollars per contributor, whichever is greater.

      (iv) member of the city council, not less than five thousand dollars in matchable contributions comprised of sums of up to one hundred seventy-five dollars per contributor including at least seventy-five matchable contributions of ten dollars or more from residents of the district in which the seat is to be filled.

   (b) Any participating candidate meeting the threshold for eligibility in a primary election for one of the foregoing offices shall be deemed to have met the threshold for eligibility for such office in any other election, other than a special election to fill a vacancy, held in the same calendar year.

   (c) For any special election to fill a vacancy for mayor, public advocate or comptroller, the threshold dollar amount of summed matchable contributions pursuant to subparagraphs (i) and (ii) of paragraph (a) of this subdivision shall be halved.

  1. In order to be eligible to receive public funds in a primary election a participating candidate must agree that in the event he or she is a candidate for such office in any other election held in the same calendar year, other than a special election to fill a vacancy, that he or she will be bound in each such other election by the eligibility requirements and all other provisions of this chapter.
  2. Candidates who are contested in a primary election for nomination for election to office and who do not file a written certification pursuant to paragraph (c) of subdivision one of this section shall not be eligible for public funds for any election to such office held in the same calendar year other than a special election to fill a vacancy.
  3. Participating candidates who are seeking nomination or election exclusively as write-in candidates, who are unopposed in a covered election, or who are opposed in a covered election only by candidates seeking nomination or election exclusively as write-in candidates, shall not be eligible to receive public funds for such election.
    1. Each participating or limited participating candidate and his or her principal committee, and each non-participating candidate and his or her authorized committees shall report to the board every contribution, loan, guarantee, or other security for such loan received by the candidate and such committee, the full name, residential address, occupation, employer, and business address of each contributor, lender, guarantor, or provider of security and of each person or entity which is the intermediary for such contribution, loan, guarantee, or other security for such loan, and every expenditure made by the candidate and such committee, including expenditures not subject to section 3-706. Disclosure reports shall be submitted at such times and in such form as the board shall require and shall be clearly legible.

   (b) Notwithstanding paragraph (a) above:

      (i) an intermediary need not be reported for any contribution to a participating or limited participating candidate and his or her principal committee or a non-participating candidate and his or her authorized committees that was collected from a contributor in connection with a party or other candidate-related event held at the residence of the person delivering the contribution, unless the expenses of such events at such residence for such candidate exceed five hundred dollars for a covered election or the aggregate contributions received from that contributor at such events exceed five hundred dollars;

      (ii) contributions aggregating not more than ninety-nine dollars from any one contributor for all covered elections held in a single calendar year or for a special election need not be separately itemized in disclosure reports submitted to the board on behalf of a participating, or limited participating or non-participating candidate and his or her principal committee or authorized committees, provided, however, that contributions which are not itemized shall not be matchable;

      (iii) the treasurer of the principal committee need not collect or disclose the occupation, employer, and business address of any contributor making contributions aggregating not more than ninety-nine dollars for all covered elections held in a single calendar year or for a special election; provided, however, such occupation, employer, and business address shall be disclosed if such contributors are employees of a participating or limited participating candidate or the spouse or domestic partner of such candidate or an entity in which such candidate, spouse or domestic partner has an ownership interest of ten percent or more or a management position, including, but not limited to, being an officer, director or trustee; and

      (iv) disclosure reports, other than reports required to be filed every six months in accordance with the schedule specified by the New York state board of elections, need not be submitted on behalf of a participating or limited participating candidate and his or her principal committee or a non-participating candidate and his or her authorized committees if the cumulative amount of contributions and loans accepted by such candidate and committee following the period covered in the last disclosure report submitted to the campaign finance board on behalf of such candidate is less than two thousand dollars or such higher amount as may be determined by the campaign finance board, provided, however, that disclosure reports shall be submitted on behalf of a participating or limited participating candidate and his or her principal committee or a non-participating candidate and his or her authorized committees if that candidate and his or her committee have made expenditures in excess of forty-five percent of the expenditure limitation applicable to participating and limited participating candidates under section 3-706. The campaign finance board shall make available to the public a copy of disclosure reports within two business days after they are accepted by the board.

6-a. Any rules promulgated by the board to require that disclosure reports submitted pursuant to this chapter be submitted in an electronic format shall provide exemptions for small campaigns, as defined by board rules, and for other campaigns that demonstrate that submission in an electronic format would pose a substantial hardship.

  1. Not later than the first day of March in the year two thousand twenty-two and every fourth year thereafter the campaign finance board shall (i) determine the percentage difference between the average over a calendar year of the consumer price index for the metropolitan New York-New Jersey region published by the United States bureau of labor statistics for the twelve months preceding the beginning of such calendar year and the average over the calendar year two thousand nineteen of such consumer price index; (ii) adjust each maximum contribution applicable pursuant to paragraph (f) of subdivision one of this section by the amount of such percentage difference to the nearest fifty dollars; and (iii) publish such adjusted maximum contribution in the City Record. Such adjusted maximum contribution shall be in effect for any election held before the next such adjustment.
  2. If a participating or limited participating candidate and his or her principal committee or a non-participating candidate and his or her authorized committees demonstrate to the board that a political committee has not accepted contributions, loans, or other receipts or made expenditures or transfers in a covered election, and represent that such committee will not accept contributions, loans, or other receipts or make expenditures or transfers in a covered election, the participating or limited participating candidate and his or her principal committee or non-participating candidate and his or her authorized committees may submit to the board legible copies of financial disclosure reports, required to be filed with the city or state board of elections, for such committees in lieu of the disclosure report form designated by the board for purposes of subdivision six of this section.
  3. No political committee authorized by a participating, or limited participating or non-participating candidate for a covered election may be authorized to aid or take part in the elections of more than one candidate.
  4. All receipts accepted by a participating or limited participating candidate and his or her principal committee shall be deposited in an account of the principal committee. All receipts accepted by a non-participating candidate and his or her authorized committees shall be deposited in an account of the authorized committees. The treasurer of the principal committee or authorized committee shall be responsible for making such deposits. All deposits shall be made within twenty business days of receipt; provided, however, that deposits of contributions made in the form of cash shall be made within ten business days of receipt. Each disclosure report filed pursuant to subdivision six of this section shall include the date of receipt of each contribution accepted.
  5. Regardless whether a participating candidate demonstrates eligibility for optional public financing under this chapter, a participating candidate and his or her principal committee are nonetheless required to abide by the requirements of paragraphs (d), (e), (f), (g), (h), (i), (k) and (l) of subdivision one of this section.
    1. Each participating candidate or limited participating candidate for nomination for election, or election, or the principal committee of such candidate, shall submit, in a contemporaneous manner, the disclosure reports required pursuant to this chapter, filed in accordance with the schedule specified by the state board of elections for the filing of campaign receipt and expenditure statements, and such other disclosure reports as the rules of the board may require, in order for any contributions received during the periods covered by such reports and prior to the last date upon which such candidate may file a certification pursuant to paragraph (c) of subdivision one of this section to qualify as matchable contributions.

   (b) The board shall review each disclosure report timely submitted by a candidate prior to the last date upon which such candidate may file a certification pursuant to paragraph (c) of subdivision one of this section, or subdivision one of section 3-717, and issue to the candidate a review within 30 days of the date upon which such disclosure report was due, provided a candidate may agree to an extension of time for such review by the board. Any response from the candidate to such review shall be due no earlier than when the next disclosure report is due. Such review shall inform the candidate of relevant questions the board has concerning the candidate’s: (i) compliance with requirements of this chapter and of the rules issued by the board; and (ii) qualification for receiving public funds pursuant to this chapter. In the course of this review, the board shall give candidates an opportunity to respond to and correct potential violations, before the deadline for filing a certification pursuant to paragraph (c) of subdivision one of this section, or subdivision one of section 3-717, and give candidates an opportunity to address questions the board has concerning their matchable contribution claims or other issues concerning eligibility for receiving public funds pursuant to this chapter; provided, however, this paragraph shall not apply to the last required disclosure report before the deadline for filing a certification pursuant to paragraph (c) of subdivision one of this section or subdivision one of section 3-717. Nothing in this paragraph shall preclude the board from subsequently reviewing such disclosure reports and taking any action otherwise authorized under this chapter, provided that the board shall not invalidate a matchable contribution claim in a subsequent review unless the board learns of new information that is relevant to the eligibility for matching of such contribution claim and that was not available to the board at the time of the initial review.

  1. Candidates who file a certification pursuant to subdivision one of this section shall not be eligible to file a certification pursuant to section 3-717, and candidates who file a certification pursuant to section 3-717 shall not be eligible to file a certification pursuant to subdivision one of this section.
    1. Transfers that a principal committee receives from a political committee (other than an authorized committee filing contemporaneous disclosure statements with the board in a timely manner) at any time during an election cycle shall:

      (i) be attributed to previous contributions in accordance with the duly promulgated rules of the campaign finance board applicable to such transfer or use;

      (ii) exclude an amount equal to the total of:

         (A) such previous contributions, or portions thereof, that violate the limitations, restrictions, or prohibitions of the charter and this chapter applicable in the covered election for which the principal committee is designated; and

         (B) such previous contributions, or portions thereof, for which the principal committee has not obtained and submitted to the board, prior to receipt of the transfer, evidence of the contributor’s intent to designate the contribution for such covered election, and any other record, as determined by the rules of the board; and

      (iii) not be matchable.

   (b) Each transfer, the contributions to which the transfer is attributed, and all expenditures made in connection with such contributions shall be reported to the board in the next disclosure report due pursuant to this section 3-703 after the transfer is received. These expenditures shall, at a minimum, include all expenditures made by the political committee making the transfer during the election cycle of the covered election. The board shall issue instructions defining the circumstances in which such disclosure reports shall also include additional expenditures made by other political committees authorized by the participating candidate that originally received such contributions and additional expenditures made prior to such election cycle. Such expenditures shall be applied to the expenditure limit applicable under 3-706.

   (c) Participating candidates shall have the burden of demonstrating that expenditures reported pursuant to paragraph (b) of this subdivision are not subject to the expenditure limit applicable under section 3-706 and are not a basis for reducing public funds payments pursuant to subdivision eight of section 3-705 of this chapter.

   (d) Nothing in this subdivision is intended to modify or supersede any federal law that prohibits or otherwise restricts the use of campaign or donated funds by political committees, candidates or federal officeholders.

  1. Participating candidates, their campaign managers, treasurers or persons with significant managerial control over a campaign shall be required to attend a training provided by the campaign finance board concerning compliance with the requirements of the campaign finance program and use of the campaign finance program software.
    1. Whenever the authorized or principal committee of any participating, limited participating, or non-participating candidate pays for any literature, advertisement or other communication, such communication shall disclose that the communication has been paid for by such candidate or committee.

   (b) Whenever a participating, limited participating, or non-participating candidate, or the authorized or principal committee of such a candidate, authorizes any individual or entity other than such participating, limited participating, or non-participating candidate, or the authorized or principal committee of such a candidate, to pay for any literature, advertisement or other communication in support of or in opposition to any candidate in any covered election, such communication shall disclose that the communication has been authorized by such candidate or committee.

  1. Notwithstanding any other law or rule, at any time before or after receiving public funds, participating candidates may return a contribution because of the particular source or intermediary involved, provided that if matching funds were received for such contribution then such matching funds shall be returned to the board.

§ 3-704 Qualified campaign expenditures.

  1. Public funds provided under the provisions of this chapter may be used only for expenditures by a principal committee to further the participating candidate’s nomination for election or election, either in a special election to fill a vacancy, or beginning December 15 of the calendar year preceding a covered primary or general election in which the candidate is seeking nomination for election or election and continuing through the date of such covered election.
  2. Such public funds may not be used for:

   (a) an expenditure in violation of any law;

   (b) payments made to the candidate or a spouse, domestic partner, child, grandchild, parent, grandparent, brother or sister of the candidate or spouse or domestic partner of such child, grandchild, parent, grandparent, brother or sister, or to a business entity in which the candidate or any such person has a ten percent or greater ownership interest;

   (c) payments in excess of the fair market value of services, materials, facilities or other things of value received in exchange;

   (d) (i) any expenditure made after the candidate has been finally disqualified or had his or her petitions finally declared invalid by the New York city board of elections or a court of competent jurisdiction, except that such expenditures may be made:

         (A) as otherwise permitted pursuant to subdivision seven of section 3-709 of this chapter, or

         (B) for a different covered election, other than a special election to fill a vacancy, held later in the same calendar year in which the candidate seeks election for the same office; provided, however, that public funds originally received for a special election to fill a vacancy may not be retained for expenditure in any other election;

      (ii) any expenditure made after the only remaining opponent of the candidate has been finally disqualified or had his or her petitions finally declared invalid by the New York city board of elections or a court of competent jurisdiction, except that such expenditures may be made for a different covered election, other than a special election to fill a vacancy, held later in the same calendar year in which the candidate seeks election for the same office; provided, however, that public funds originally received for a special election to fill a vacancy may not be retained for expenditure in any other election;

   (e) payments in cash;

   (f) any contribution, transfer, or loan made to another candidate or political committee;

   (g) gifts, except brochures, buttons, signs and other printed campaign material;

   (h) any expenditure to challenge the validity of petitions of designation or nomination, or of certificates of nomination, acceptance, authorization, declination, or substitution, and expenses related to the canvassing of election results, made pursuant to subdivision four of section 3-706;

   (i) an expenditure made primarily for the purpose of expressly advocating a vote for or against a ballot proposal, other than expenditures made also to further the participating candidate’s nomination for election or election;

   (j) payment of any penalty or fine imposed pursuant to federal, state or local law;

   (k) payments made through advances, except in the case of individual purchases in excess of two hundred fifty dollars;

   (l) expenditures to facilitate, support, or otherwise assist in the execution or performance of the duties of public office; or

   (m) childcare services.

§ 3-705 Optional public financing.

Each participating candidate for nomination for election or election in a covered election may obtain payment to his or her principal committee from public funds for qualified campaign expenditures, in accordance with the provisions of this chapter, and subject to appropriation.

  1. No such public funds shall be paid to a principal committee unless the board determines that the participating candidate has met the eligibility requirements of this chapter. Payment shall not exceed the amounts specified in this chapter, and shall be made only in accordance with the provisions of this chapter. Such payment may be made only to the participating candidate’s principal committee. No public funds shall be used except as reimbursement or payment for qualified campaign expenditures actually and lawfully incurred or to repay loans used to pay qualified campaign expenditures.
    1. If the threshold for eligibility is met, the participating candidate’s principal committee shall receive payment for qualified campaign expenditures of: (i) eight dollars for each one dollar of matchable contributions, up to two thousand dollars in public funds per contributor, obtained and reported to the campaign finance board in accordance with the provisions of this chapter, with respect to any participating candidate for nomination for election or election to the office of mayor, public advocate or comptroller; or (ii) eight dollars for each one dollar of matchable contributions, up to one thousand four hundred dollars in public funds per contributor, obtained and reported to the campaign finance board in accordance with the provisions of this chapter, with respect to any participating candidate for nomination for election or election to the office of borough president or member of the city council.

   (b) In no case shall the principal committee of a participating candidate receive public funds pursuant to paragraph (a) above in excess of an amount equal to the expenditure limitation provided in subdivision one of section 3-706 for the office for which such candidate seeks nomination for election or election, less such expenditure limit divided by the addition of the number one and the dollar amount for each one dollar of matchable contributions for such office pursuant to paragraph a of this subdivision.

   (c) No funds shall be provided pursuant to this subdivision with respect to any covered election specified in subdivision five of this section.

  1. A participating candidate seeking or obtaining nomination for election by more than one party shall be deemed one candidate, and shall not receive additional public funds or be authorized to accept contributions in excess of the maximum contribution applicable pursuant to paragraph (f) of subdivision one of section 3-703 or make additional expenditures by reason of such candidate seeking or obtaining nomination for election by more than one party. Subdivision five of section 3-703 shall not be applicable to such a candidate who is opposed for the nomination of at least one party in a primary election. The elimination of the expenditure limitations provided in subdivision three of section 3-706 shall not be applicable to such a candidate who is opposed for the nomination of at least one party solely by participating candidates.
  2. For contributions reported less than ninety days before a covered general election, less than forty-five days before a covered primary election, or less than thirty days before any other covered election, the campaign finance board shall make possible payment within four business days after receipt of reports of matchable contributions, or as soon thereafter as is practicable; provided, however, that the board shall withhold up to five percent of all public funds payments to participating candidates until the final pre-election payment for any given election. The board shall schedule payment dates on December 15 of the year preceding the year of election, as well as January 15, February 15, March 15, April 15 and a minimum of three payment dates within the forty-five days prior to a covered primary election, a payment date of July 15 and a minimum of four payment dates within the ninety days prior to a covered general election, and a minimum of three payment dates within the thirty days prior to any other covered election. A written certification pursuant to paragraph (c) of subdivision 1 of section 3-703 shall be required to have been filed no less than fifteen business days prior to the December 15, January 15, February 15, March 15, April 15, or July 15 payment dates scheduled pursuant to this subdivision, for a participating candidate to receive public funds on such payment date. For purposes of such payment dates, the board shall provide each candidate with a written determination specifying the basis for any non-payment. The board shall provide candidates with a process by which they may immediately upon receipt of such determination petition the board for reconsideration of any such non-payment and such reconsideration shall occur within five business days of the filing of such petition. In the event that the board denies such petition then it shall immediately notify the candidate of his or her right to bring a special proceeding pursuant to article 78 of the civil practice law and rules.
    1. Notwithstanding any other provision of this chapter, a participating candidate in a run-off primary election held pursuant to section 6-162 of the New York state election law or a run-off special election to fill a vacancy shall obtain prompt payment for qualified campaign expenditures in an amount equal to twenty-five cents for each one dollar of public funds paid pursuant to this chapter to the candidate’s principal committee for the preceding election.

   (b) The board shall promulgate rules to provide for the prompt issuance of additional public funds to eligible participating candidates for qualified campaign expenditures in the case of an additional day for voting held pursuant to section 3-108 of the New York state election law, an election held pursuant to court order, or a delayed or otherwise postponed election.

   (c) Except as provided for by this subdivision and any rules promulgated hereby, no public funds shall be provided to any candidate for any run-off primary election, run-off special election to fill a vacancy, additional day for voting, election held pursuant to court order, or delayed or otherwise postponed election.

  1. Notwithstanding any other provision of this chapter to the contrary, to protect the public fund from disproportionately large payments when the number of voters eligible to vote in a primary election is small, the board shall adopt rules setting a reduced maximum primary election public funds payment for participating candidates on the ballot in one or more primary elections in which the number of persons eligible to vote for party nominees total fewer than such number as shall be specified by the board in such rules, if any. Any such rules shall not apply to participating candidates opposed in a primary election by one or more participating candidates who are not subject to such reduced maximum primary election public funds payment or by a non-participating candidate who makes expenditures in excess of a specified amount for such primary election, as determined by the board.
    1. Notwithstanding any provision of this section to the contrary, the amount of public funds payable to a participating candidate on the ballot in any covered election shall not exceed one quarter of the maximum public funds payment otherwise applicable under subdivision two of this section, and no participating candidate shall be eligible to receive a disbursement of public funds prior to two weeks after the last day to file designating petitions for a primary election, unless:

      (1) the participating candidate has submitted a certified signed statement attesting to the need and stating the reason for additional public funds in such election, in which case the board shall publish such statement and supporting documentation at the time such additional public funds are paid, including on the board’s internet website. The board shall be authorized to verify the truthfulness of any certified statement submitted pursuant to this paragraph and of any supporting documentation. Such statement must certify that (i) one or more of the following conditions apply and (ii) such condition or conditions reasonably demonstrate the need for such public funds, and the participating candidate must provide documentation demonstrating the existence of such condition or conditions:

         (A) the participating candidate is opposed by (i) a non-participating candidate or (ii) a limited participating candidate, and provides a factual basis with supporting documentation of such candidate’s ability to self finance;

         (B) the participating candidate is opposed by a candidate who has received (i) the endorsement of a citywide or statewide elected official or a federal elected official representing all or a portion of the area covered by the election; (ii) two or more endorsements from other city elected officials who represent all or a part of the area covered by the election; or (iii) endorsements of one or more membership organizations with a membership of over 250 members;

         (C) the participating candidate is opposed by a candidate who has had significant media exposure in the twelve months preceding the election. For purposes of this paragraph, significant media exposure shall mean appearance of the opponent or his or her name on television or radio in the area of the covered election or in print media in general circulation in the area of the covered election at least twelve times in the year preceding the covered election; provided, however, that the listing of names of candidates or potential candidates for a covered election without additional information concerning the opponent shall not constitute an appearance for purposes of this paragraph;

         (D) the participating candidate is opposed by a candidate who has received twenty-five percent or more of the vote in an election for public office in an area encompassing all or part of the area that is the subject of the current election in the last eight years preceding the election;

         (E) the participating candidate is opposed by a candidate whose name is substantially similar to the candidate’s so as to result in confusion among voters, as determined by the board;

         (F) the participating candidate in a city council or borough-wide race is opposed by a candidate who is a chairman or president of a community board or district manager of a community board; or

         (G) the participating candidate is opposed by a candidate whose spouse, domestic partner, sibling, parent or child holds or has held elective office in an area encompassing all or part of the area of the covered election in the past ten years;

      (2) the participating candidate is opposed in a primary or special election for an office for which no incumbent is seeking re-election; or

      (3) the participating candidate is opposed by any candidate who has received public funds payments for the covered election.

   (b) If any of the conditions described in subparagraphs (1), (2), or (3) of paragraph (a) occur in such election, the board shall pay any and all additional public funds due to the participating candidate up to the maximum total payment applicable in such election under subdivisions two or six of this section or subdivision three of section 3-706 of this chapter.

  1. Contributions by a principal committee of a participating candidate to other political committees shall not be a basis for reducing public funds payments, provided that:

   (a) such principal committee has received contributions (other than matchable contributions) that, in the aggregate, exceed the total of such contributions to other political committees and

   (b) such contributions in the aggregate do not exceed:

      (i) three thousand dollars, if such principal committee is the principal committee of a participating candidate seeking nomination for election or election to the office of member of the city council;

      (ii) five thousand dollars, if such principal committee is the principal committee of a participating candidate seeking nomination for election or election to the office of borough president; and

      (iii) ten thousand dollars, if such principal committee is the principal committee of a participating candidate seeking nomination for election or election to a city-wide office.

  1. If a participating candidate endorses or publicly supports his or her opponent for election, such candidate shall not be eligible for public funds.
  2. A participating candidate who loses in the primary election but remains on the ballot for the general election must certify to the board before receiving public funds that he or she will actively campaign for election to a covered office; such campaign activity shall include, but not be limited to, raising and spending funds for election to a covered office, seeking endorsements, and broadly soliciting votes.

§ 3-706 Expenditures limitations.

  1. The following limitations apply to all expenditures made by a candidate and his or her principal committee on or after the first day of January preceding the election for which such candidate chooses to participate in the public funding provisions of this chapter and to expenditures made at any time prior to such date for services, materials, facilities, advertising or other things of value received, rendered, published, distributed or broadcast on or after such date:

   (a) Except as provided in paragraph (b) of this subdivision, in each primary election, in each special election to fill a vacancy, and in each general election, expenditures by a participating candidate or a limited participating candidate and his or her principal committee for one of the following offices shall not exceed the following amounts:

mayor: $6,158,000
public advocate or comptroller: $3,850,000
borough president: $1,386,000
member of the city council: $161,000

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   (b) (i) The expenditure limitation in a run-off primary election held pursuant to section 6-162 of the New York state election law or a run-off special election held to fill a vacancy shall be one half the amount of the applicable limitation provided for an election for such office pursuant to the provisions of paragraph (a) of this subdivision.

      (ii) The board shall promulgate rules to provide for a separate expenditure limit applicable to campaign expenditures for an additional day for voting held pursuant to section 3-108 of the New York state election law, an election held pursuant to court order, or a delayed or otherwise postponed election.

   (c) Expenditures by participating or limited participating candidates in a primary election made prior to or on the date of such primary election shall be deemed to have been made for such primary election.

   (d) The campaign finance board shall, pursuant to section 3-713, submit a report to the mayor and the council on or before September first, nineteen hundred ninety, containing its recommendations whether the expenditure limitations provided by this subdivision should be modified. Such report shall set forth the amount of, and reasons for, any modifications it recommends.

   (e) Not later than the first day of March in the year two thousand ten and every fourth year thereafter the campaign finance board shall (i) determine the percentage difference between the average over a calendar year of the consumer price index for the metropolitan New York-New Jersey region published by the United States bureau of labor statistics for the twelve months preceding the beginning of such calendar year and the average over the calendar year two thousand seven of such consumer price index; (ii) adjust each expenditure limitation applicable either pursuant to this subdivision or subdivision 2 of this section by the amount of such percentage difference to the nearest thousand dollars; and (iii) publish such adjusted expenditure limitation in the City Record. Such adjusted expenditure limitation shall be in effect for any election held before the next such adjustment.

  1. The following limitations apply to all expenditures made by a participating or limited participating candidate and his or her principal committee in the three calendar years preceding the year of the election for which such candidate chooses to file a certification as a participating or limited participating candidate pursuant to this chapter and to expenditures made at any time prior to such date for services, materials, facilities, advertising or other things of value received, rendered, published, distributed or broadcast in such calendar years. Such expenditures by a participating or limited participating candidate for one of the following offices and his or her principal committee shall not exceed the following amounts:
mayor, public advocate or comptroller: $290,000
borough president: $129,000
member of the city council: $43,000

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2-a. (a) If the expenditures made by a candidate and his or her principal committee subject to the expenditure limitation of subdivision two of this section exceed the amount of the expenditure limitation applicable under such subdivision, such candidate or his or her principal committee shall not be ineligible to receive public funding for qualified campaign expenditures or be in violation of this chapter by reason of exceeding such limitation unless the amount by which such expenditures exceed such limitation is in excess of the expenditure limitation which next applies to such candidate or his or her principal committee pursuant to subdivision one of this section; and further provided that the amount of the expenditure limitation which next applies to such candidate or his or her principal committee, pursuant to subdivision one of this section, shall be reduced by the amount by which the expenditure limitation applicable under subdivision two of this section is exceeded.

   (b) Nothing contained in paragraph (a) of this subdivision shall:

      (i) operate to increase or decrease the amount of public funds that may be received pursuant to section 3-705 by the principal committee;

      (ii) affect the expenditure limitation set forth in paragraph (b) of subdivision one of this section; or

      (iii) affect the expenditure limitation set forth in paragraph (a) of subdivision one of this section for purposes of the application of subdivision three of this section.

    1. If any candidate in any covered election chooses not to file a certification as a participating or limited participating candidate pursuant to this chapter, and where the campaign finance board has determined that such candidate and his or her authorized committees have spent or contracted or have obligated to spend, or received in loans or contributions, or both, an amount which, in the aggregate, exceeds half the applicable expenditure limit for such office fixed by subdivision one of this section, then such expenditure limit applicable to participating candidates and limited participating candidates in such election for such office shall be increased to one hundred fifty percent of such limit.

   (b) If any candidate in any covered election chooses not to file a certification as a participating or limited participating candidate pursuant to this chapter, and where the campaign finance board has determined that such candidate and his or her authorized committees have spent or contracted or have obligated to spend, or received in loans or contributions, or both, an amount which, in the aggregate, exceeds three times the applicable expenditure limit for such office fixed by subdivision one of this section, then such expenditure limit shall no longer apply to participating candidates and limited participating candidates in such election for such office.

    1. Expenditures made for the purpose of: (i) bringing or responding to any action, proceeding, claim or suit before any court or arbitrator or administrative agency to determine a candidate’s or political committee’s compliance with the requirements of this chapter, including eligibility for public funds payments, or pursuant to or with respect to election law or other law or regulation governing candidate or political committee activity or ballot status, (ii) expenses to challenge or defend the validity of petitions of designation or nomination or certificates of nomination, acceptance, authorization, declination or substitution, and expenses related to the canvassing or re-canvassing of election results, and (iii) expenses related to the post-election audit shall not be limited by the expenditure limitations of this section.

   (b) A participating candidate shall be required to provide detailed documentation substantiating all exempt expenditure claims made pursuant to this subdivision.

    1. Expenditures for childcare services made pursuant to subparagraph 13 of paragraph a of subdivision 21 of section 3-702 for an aggregate amount of $20,000 or less shall not be limited by the expenditure limitation of paragraph a of subdivision 1 of this section, provided that any aggregate amount in excess of $20,000 shall be limited by such paragraph.

   (b) Not later than the first day of March in the year two thousand twenty-two and every fourth year thereafter the campaign finance board shall (i) determine the percentage difference between the average over a calendar year of the consumer price index for the metropolitan New York-New Jersey region published by the United States bureau of labor statistics for the twelve months preceding the beginning of such calendar year and the average over the calendar year two thousand eighteen of such consumer price index; (ii) adjust each expenditure limitation applicable pursuant to this subdivision by the amount of such percentage difference to the nearest thousand dollars; and (iii) publish such adjusted expenditure limitation in the City Record. Such adjusted expenditure limitation shall be in effect for any election held before the next such adjustment.

§ 3-707 Voluntary registration by political committees.

  1. Candidates may accept contributions from political committees that choose to register with the board, as provided in this section. The board shall issue rules providing for such registration. Such contributions may not exceed the amount applicable under paragraph (f) of subdivision one of section 3-703. The board shall regularly publish a cumulative list of political committees that have registered, including on the internet and in periodic mailings to candidates.
  2. It is the responsibility of the candidate to determine whether he or she may accept a contribution pursuant to this section. A candidate who receives a contribution from a political committee that has not registered with the board prior to making the contribution shall either return the contribution to the contributor or pay to the fund an amount equal to the amount of the contribution, unless the political committee registers with the board within ten days after the publication of the next subsequent list of registered political committees by the board following the date the contribution is received.

§ 3-708 Campaign finance board.

  1. There shall be a campaign finance board consisting of five members. Two members of the board shall be appointed by the mayor, provided that not more than one such member shall be enrolled in any one political party, and two members shall be appointed by the speaker of the council, provided that not more than one such member shall be enrolled in any one political party, and one member, who shall be the chairperson, shall be appointed by the mayor after consultation with the speaker. The members shall first be appointed to serve as follows:

   (a) one member appointed by the speaker for a term of one year;

   (b) one member appointed by the mayor for a term of two years;

   (c) one member appointed by the speaker for a term of three years;

   (d) one member appointed by the mayor for a term of four years; and

   (e) the chairperson for a term of five years.

   (b)*    Each term shall commence on April first, nineteen hundred eighty-eight. Thereafter, each member shall be appointed for a term of five years by the mayor or the speaker, according to the original manner of appointment. In case of a vacancy in the office of a member, a member shall be appointed to serve for the remainder of the unexpired term by the mayor or the speaker, according to the original manner of appointment. In the case of a vacancy in the office of a member for which a member is holding over after expiration of the term for which the member was appointed, an appointment to such office made after June 1 in a year in which covered elections are scheduled shall not take effect prior to December 1 of that calendar year. Each member shall be a resident of the city, registered to vote therein. Each member shall agree not to make contributions to any candidate for nomination for election, or election, to the office of mayor, public advocate, comptroller, borough president or member of the council which in the aggregate are in excess of the maximum contribution applicable to such office pursuant to paragraph (f) of subdivision one of section 3-703. No member shall serve as an officer of a political party or be a candidate or participate in any capacity in a campaign by a candidate for nomination for election or election to the office of mayor, public advocate, comptroller, borough president or member of the city council. Officers and employees of the city or any city agency, lobbyists required to file a statement of registration under section 3-213 and the employees of such lobbyists shall not be eligible to be members of the board. In appointing members to the board, the mayor and the speaker shall consider campaign experience in general and particularly campaign experience with the New York city campaign finance system. Members of the board shall be required to undergo training developed pursuant to paragraph 14 of subdivision a of section 1052 of the charter.

  • Editor’s note: so in L.L. 2007/34 § 24, 7/3/2007.
  1. The members of the board shall be compensated at the rate of one hundred dollars per calendar day when performing the work of the board.
  2. The board may employ necessary staff, including an executive director and a counsel, and make necessary expenditures subject to appropriation. The board may employ such staff, including legal and accounting staff, as are necessary for providing technical assistance to candidates and prospective candidates in covered elections, for the purpose of promoting understanding of, participation in, and compliance with the requirements of the provisions of this chapter.
  3. No member of the campaign finance board shall be removed from office except for cause and upon notice and hearing.
  4. The board shall have the power to investigate all matters relating to the performance of its functions and any other matter relating to the proper administration of this chapter and for such purposes shall have the power to require the attendance and examine and take the testimony under oath of such persons as it shall deem necessary and to require the production of books, accounts, papers and other evidence relative to such investigation.
  5. The board shall publicize, as it deems appropriate, the names of candidates for nomination or election to the offices of mayor, public advocate, comptroller, borough president, or city council who violate any of the provisions of this chapter.
    1. The board shall render advisory opinions with respect to questions arising under this chapter upon the written request of a candidate, an officer of a political committee or member of the public, or upon its own initiative. The board shall promulgate rules regarding reasonable times to respond to such requests. The board shall make public the questions of interpretation for which advisory opinions will be considered by the board and its advisory opinions, including by publication on its internet website.

   (b) The board shall develop a program for informing candidates and the public as to the purpose and effect of the provisions of this chapter. The board shall prepare and make available educational materials, including compliance manuals and summaries and explanations of the purposes and provisions of this chapter. These materials shall be prepared in plain language. The board shall prepare and make available materials, including, to the extent feasible, computer software, to facilitate the task of compliance with the disclosure and record-keeping requirements of this chapter. When disclosure reports are generated by use of the board’s disclosure software, the board shall provide an opportunity for candidates to test their electronic filings on any of the three business days prior to the deadline for the filing of such disclosure reports. Any disclosure software issued by the board on or after January 1, 2008 shall enable users to meet their electronic disclosure obligations under this chapter and under article 14 of the election law, provided that if such disclosure software does not enable users to meet their electronic disclosure obligations under article 14 of the election law then the board shall, upon the request of any user, prepare and deliver to the user an individual electronic file that enables the user to meet such obligations in a timely manner, and, for every date upon which disclosure filings are due from candidates and such disclosure software does not have such functionality, report to the council, mayor and users the cause for such disclosure software not enabling users to meet such obligations and the date upon which such disclosure software is expected to have such functionality. Such disclosure software shall provide a notice to any user that enters an expenditure for childcare services, pursuant to subparagraph 13 of paragraph a of subdivision 21 of section 3-702, advising such user of the requirement to obtain an approved statement of campaign childcare eligibility prior to incurring such expenditure.

  1. The board shall have the authority to promulgate such rules and regulations and provide such forms as it deems necessary for the administration of this chapter. The board shall promulgate regulations concerning the form in which contributions and expenditures are to be reported, the periods during which such reports must be filed and the verification required. The board shall require the filing of reports of contributions and expenditures for purposes of determining compliance with paragraph (f) of subdivision one of section 3-703, section 3-706, subdivision 1-a of section 3-703, section 3-717, and section 3-718, in accordance with the schedule specified by the state board of elections for the filing of campaign receipt and expenditure statements.
  2. The board shall develop a computer data base that shall contain all information necessary for the proper administration of this chapter including information on contributions to and expenditures by candidates and their authorized committees and distributions of moneys from the campaign finance fund. Such data base shall be accessible to the public.
  3. The board shall have the authority to implement any system established for the regulation of inauguration and transition donations and expenditures including the promulgation of rules and regulations and the imposition of any penalties related thereto, as required by local law. The specific powers enumerated in subdivisions 5, 6, 7, 8, 9 and 11 of this section, for purposes of this chapter, shall also be applicable in full for purposes of such chapter 8.
  4. The board may take such other actions as are necessary and proper to carry out the purposes of this chapter.

§ 3-709 New York city campaign finance fund.

  1. There is hereby established a special fund, to be known as the New York city campaign finance fund. The moneys in such fund may be expended by the campaign finance board only as payments for participating candidates in accordance with the provisions of this chapter.
  2. The fund shall be kept separate and shall be credited with all sums appropriated therefor, any donations received pursuant to subdivision nine of this section and all earnings accruing on such funds.
  3. As soon as practicable in the year nineteen hundred eighty-eight and in time for inclusion in the executive expense budget in every year thereafter, and at such other times as the board shall deem necessary, the board shall submit its estimate of the amount of public funds which will be necessary to provide candidates sufficient financing for elections in the next year in which elections are scheduled pursuant to the charter and for elections to fill vacancies to be held prior to such year, and a reserve for contingencies. Such estimates shall be submitted in such manner and at such times as to assure that such amounts as shall be necessary may be appropriated in full by the beginning of the fiscal year prior to that in which elections are scheduled pursuant to the charter and that additional amounts may be appropriated as necessary.
  4. The moneys in such fund shall be paid to participating candidates by the board upon its certification that such candidates qualify for such funds.
  5. No moneys shall be paid to participating candidates in a primary or general election any earlier than December 15 of the year preceding the primary election, or the thirtieth day after a special election is held to fill a vacancy for the office sought by the candidate; whichever is later.
    1. No moneys shall be paid to participating candidates in a run-off primary election held pursuant to section 6-162 of the election law any earlier than the day after the day of the primary election held to nominate candidates for such election.

   (b) No moneys shall be paid to participating candidates in a run-off special election held to fill a vacancy any earlier than the day after the day of the special election for which such run-off special election is held.

  1. No moneys shall be paid to any participating candidate who has been finally disqualified or whose designating or nominating petitions have been finally declared invalid by the New York city board of elections or a court of competent jurisdiction. Any payment from the fund in the possession of such a candidate or his or her principal committee on the date of such final disqualification or invalidation may not thereafter be expended for any purpose except the payment of liabilities incurred in qualified campaign expenditures before such date and shall be promptly repaid to the fund.
  2. Prior to the first distribution of public funds to candidates in any election, the board shall make a determination whether the moneys in the fund are sufficient to provide all candidates the amounts they may receive pursuant to this chapter for all elections to be held during the calendar year for which such determination is made. Such determination shall be published in the City Record, together with information supporting such determination.
  3. The board shall be empowered to accept donations to be credited to the fund. The board may devise such methods of soliciting and collecting donations as it may deem feasible and appropriate.

§ 3-709.5 Mandatory debates.

(1) (a) In any year in which a primary, general or special election is to be held, any participating candidate and any limited participating candidate for nomination or election to a city-wide office shall participate in either of the two pre-election debates, or both, held pursuant to this section for which he or she is eligible and is required to debate pursuant to this section. A participating candidate or limited participating candidate for nomination or election to a city-wide office is eligible to participate in a debate for each election in which he or she is on the ballot if he or she has met such criteria for participation as specified in this section, and as shall be further specified in any agreement between the debate sponsor and the board.

   (b) In any year in which a run-off primary or run-off special election to fill a vacancy for a city-wide office is held, any participating candidate and any limited participating candidate for nomination or election to such city-wide office who is on the ballot shall participate in one run-off election debate. If, seven days prior to the date of the run-off election debate, the New York city board of elections has not yet approved a finalized run-off ballot, the participating and limited participating candidates with the two highest vote counts in the primary or special election immediately preceding the run-off election, as determined by the New York city board of elections unofficial election results, shall participate in one run-off election debate. If any additional candidate is separated from the candidate with the second highest vote count by one percent or less of all votes cast in the special or primary election immediately preceding the run-off election, as determined by the New York city board of elections unofficial election results, then such candidate shall also participate in such run-off election debate. If the New York city board of elections determines prior to the run-off debate that a run-off election will not take place, the debate sponsors and the board shall cancel the run-off election debate.

   (c) In the case of a primary election, the debate shall be among participating candidates and limited participating candidates seeking the nomination of the same political party who meet the requirements provided in paragraph (a) of this subdivision. If there is no contested primary election for an office in a political party then no debate for that party’s nomination shall be held pursuant to this section.

   (d) Each debate held pursuant to this section shall be at least one hour’s duration.

  1. For purposes of this section, a “debate” shall mean the moderated reciprocal discussion of issues among candidates on the ballot for the same office.
  2. The campaign finance board shall select one or more sponsors for each debate required pursuant to this section. For primary, general and special elections, the second debate shall be a debate among the leading contenders for the office, as described in paragraph (b) of subdivision five of this section.
  3. Organizations which are not affiliated with any political party or with any holder of or candidate for public office, which have not endorsed any candidate in the pending primary, special, general, or run-off election for the city-wide office shall be eligible to sponsor one or more of the required debates. The rules for conducting such debates, and the date, time and location of such debates, shall be solely the responsibility of the organizations selected but shall not be made final without consultation with the campaign finance board.
  4. Written applications by organizations to sponsor a debate shall be submitted to the campaign finance board on a form provided by the board not later than a date chosen by the board in any year in which an election is held for city-wide offices.

   (a) The written application shall:

      (i) demonstrate that the organization and any proposed co-sponsor meet the criteria of subdivision four of this section;

      (ii) specify any elections and offices for which the organization seeks to sponsor debates;

      (iii) set forth proposed dates, times, durations, and locations of the debates and the specific and exclusive circumstances under which the dates or times may be changed, together with a provision for when the rescheduled debates would be held;

      (iv) provide a detailed description of the format and ground rules for the debates;

      (v) verify that the staging, promotion, and coverage of the debates shall be in conformance with all applicable laws;

      (vi) include an agreement to indemnify the city, including the board, for any liability arising from the acts or omissions of the sponsor;

      (vii) set forth plans for publicity and for broadcast and other media coverage for the debates; and

      (viii) set forth the proposed criteria for determining which candidates are eligible to participate in each debate the organization seeks to sponsor, in accordance with paragraph (b) of this subdivision.

   (b) (i) Except as otherwise provided in subparagraph (ii) below, each debate for a primary, general or special election shall include only those participating candidates or limited participating candidates the sponsor of each such debate has determined meet the non-partisan, objective, and non-discriminatory criteria set forth in any agreement between the sponsor and the board; provided, however, that the criteria for the first debate for a primary or general election shall include financial criteria requiring that a participating candidate or limited participating candidate shall be eligible to participate in such debate if he or she has, by the last filing date prior to such debate, (I) raised, and (II) spent, an amount equal to or more than two and one half percent of the expenditure limitation provided in subdivision one of section 3-706 for the office for which such candidate seeks nomination for election or election; provided, further, that the criteria for the first debate for a special election shall include financial criteria requiring that a participating candidate or limited participating candidate shall be eligible to participate in such debate if he or she has, by the last filing date prior to such debate, (I) raised, and (II) spent, an amount equal to or more than one and one quarter percent of the expenditure limitation provided in subdivision one of section 3-706 for the office for which such candidate seeks election; and provided, further, that the second debate for a primary, general, or special election shall include only those participating candidates or limited participating candidates who the sponsors have also determined are leading contenders on the basis of additional non-partisan, objective, and non-discriminatory criteria set forth in any agreement between the sponsor and the board. For the purpose of determining whether a participating candidate or limited participating candidate has met the financial criteria to be eligible to participate in any debate, only contributions raised and spent in compliance with the act shall be used to determine the amount that the candidate has raised and spent as a percentage of the expenditure limit provided in subdivision one of section 3-706; further, money “raised” and “spent” does not include outstanding liabilities or loans. Nothing in this provision is intended to limit the debates to the two major political parties.

      (ii) If a debate sponsor has determined that a non-participating candidate has met all the non-partisan, objective, and non-discriminatory criteria applicable to participating candidates and limited participating candidates for access to any of the primary, general, or special election debates, the sponsor may invite that candidate to participate in such debate. In the case of a run-off primary election or a run-off special election, the sponsor may invite a non-participating candidate to participate in such debate. However, if a non-participating candidate does not accept such invitation to debate or does not appear at such debate, the debate shall go forward as scheduled; provided, however, if there is only one participating candidate or limited participating candidate participating in any such debate, such debate shall be canceled.

  1. Prior to choosing a sponsor, the board shall provide for the receipt of comments from interested persons regarding the qualifications of potential sponsors. The board shall consider and give substantial weight to such comments submitted by candidates.
  2. Based upon the criteria in subdivision four above and any comments received pursuant to subdivision six above, the board shall select the organization or organizations to sponsor the debates and shall provide written notification to the organization or organizations so selected. In addition to the sufficiency of the application, the board shall consider the applicant’s ability to reach a wide audience and present a fair and impartial debate. The board may accept an application subject to modifications as it deems appropriate and as are acceptable to the sponsor.
  3. For all debates, the board shall provide each debate sponsor it has selected with a list of participating candidates and limited participating candidates who are eligible to be considered to participate in such debates.
  4. If a candidate fails to participate in any debate required under this section before an election, the candidate shall be liable for return of any public matching funds previously received pursuant to the certification filed by the candidate in connection with the election for which such debate is held, shall be ineligible to receive any further matching funds for that election, and may be subject to a civil penalty pursuant to section 3-711. For purposes of this subdivision, each primary, general, special or run-off election shall be considered a separate election.
  5. Following the submission of a petition on behalf of the candidate and a hearing before the board, the sanction or sanctions provided in subdivision nine of this section applicable to a candidate for failure to participate in any debate as required under this section may be waived upon a determination by the board that the failure to participate in the debate occurred under circumstances beyond the control of the candidate and of such nature that a reasonable person would find the failure justifiable or excusable.
  6. Nothing contained in this section shall preclude any candidate from agreeing to participate in any number of additional debates between any and all candidates for a city-wide office, including non-participating candidates or limited participating candidates. These debates need not be held under guidelines or the purview of the campaign finance board.
  7. The city of New York shall indemnify each sponsor for any liability of such sponsor arising out of the acts or omissions of the city of New York in connection with the selection of candidates for participation in any debate held pursuant to this section 3-709.5.
  8. Any broadcast plan accepted by the board pursuant to subparagraph (vii) of paragraph (a) of subdivision 5, and subdivision 7, of this section shall include a requirement that the debate be made available, at no cost, to the city-owned or operated television channel serving the largest public audience for simultaneous broadcast. Each debate held pursuant to this section shall be broadcast simultaneously, to the extent technologically practicable and in accordance with federal law and the rules of the federal communications commission, on such city-owned or operated television channel. Such city-owned or operated television channel shall not be a sponsor of such debate.

§ 3-710 Examinations and audits; repayments.

  1. The campaign finance board is hereby empowered to audit and examine all matters relating to the performance of its functions and any other matter relating to the proper administration of this chapter and of chapter 8 of title 3 of this code. The board shall conduct its campaign audits in accordance with generally accepted government auditing standards, and shall promulgate rules regarding what documentation is sufficient in demonstrating financial activity. These audit and examination powers extend to all participating candidates, limited participating candidates, and non-participating candidates, and the principal and authorized committees of all participating, limited participating, and non-participating candidates, provided that:

   a. Any draft audit, the subject of which is a participating, limited participating or non-participating candidate, or the principal and/or authorized committees of any participating, limited participating or non-participating candidate shall be completed within (i) eight months after the submission of the final disclosure report for the covered election for city council races and borough-wide races, and (ii) ten months after the submission of the final disclosure report for the covered election for citywide races, unless the subject of such audit consents in writing to a longer period of time;

   b. The campaign finance board shall provide each candidate a final audit, which shall contain the final resolution of all issues raised in the draft audit; such final audit shall be provided to the candidate, where such candidate or such candidate’s campaign manager or treasurer has completed audit training provided by the board, within (i) fourteen months after the submission of the final disclosure report for the covered election, for city council races and borough-wide races, and (ii) sixteen months after the submission of the final disclosure report for the covered election for citywide races, unless the subject of such audit consents in writing to a longer period of time. Where such candidate or such candidate’s campaign manager or treasurer has not completed audit training provided by the campaign finance board, such final audit shall be provided to such candidate within (i) sixteen months after the submission of the final disclosure report for the covered election, for city council races and borough-wide races, and (ii) eighteen months after the submission of the final disclosure report for the covered election for citywide races, unless the subject of such audit consents in writing to a longer period of time. Provided, however, that where the issuance of such final audit is preceded by a notice of violations and recommended penalties and/or a notice of repayment of public funds, such notice or notices shall include all potential penalties and/or repayment obligations and a notice of a candidate’s right to a hearing pursuant to section 3-710.5 or section 3-710(4) of this chapter and shall be provided to the candidate according to the deadlines applicable to final audits as set forth in this paragraph.

   c. Any advice provided by board staff to a participating, limited participating, or non-participating candidate with regard to an action shall be presumptive evidence that such action, if taken in reliance on such advice, should not be subject to a penalty or repayment obligation where such candidate or such candidate’s committee has confirmed such advice in a writing to such board staff by registered or certified mail to the correct address, or by electronic or facsimile transmission with evidence of receipt, describing the action to be taken pursuant to the advice given and the board or its staff has not responded to such written confirmation within seven business days disavowing or altering such advice, provided that the board’s response shall be by registered or certified mail to the correct address, or by electronic or facsimile transmission with evidence of receipt.

   d. Notwithstanding the provisions of paragraphs a and b of this subdivision, if a committee has failed to respond to a request for information made by board auditors during the post-election audit process, the time period for completing the draft and final audits shall be tolled and extended by the number of days by which the committee has exceeded the original deadline for a response, provided that the committee has received timely written notice of: (i) the original deadline to provide the information, which shall not have been less than thirty days from the date such information was requested; and (ii) the commencement of the tolling period pursuant to this section. If a committee has responded to a request for information made by board auditors but such response is inadequate, the time period for completing the draft and final audits shall be tolled and extended by the number of days until an adequate response is provided, provided that the committee has received timely written notice of: (i) the original deadline to provide the information, which shall not have been less than thirty days from the date such information was requested; (ii) the commencement of the tolling period pursuant to this section; and (iii) the detailed reasons why the original response was inadequate.

   e. Notwithstanding any provision of law to the contrary, the deadlines provided in paragraphs a and b of this subdivision for the completion of draft and final audits shall not apply in cases where the audit raises issues involving potential campaign-related fraud, potential other criminal activity, or activity that may constitute a breach of certification pursuant to rules of the board or potential significant violations of the limits set forth in section 3-706.

   f. Notwithstanding any provision of the law to the contrary, the deadlines provided in paragraphs a and b of this subdivision for the completion of draft and final audits shall not apply in the event that board operations are interrupted due to a catastrophic emergency such as a natural disaster or criminal event, provided that once board operations resume, the board shall within two weeks announce new deadlines for the completion of draft and final audits consistent with paragraphs a and b.

    1. If the board determines that any portion of the payment made to the principal committee of a participating candidate from the fund was in excess of the aggregate amount of payments which such candidate was eligible to receive pursuant to this chapter, it shall notify such committee and such committee shall pay to the board an amount equal to the amount of excess payments.

   (b) If the board determines that any portion of the payment made to a principal committee of a participating candidate from the fund was used for purposes other than qualified campaign expenditures, it shall notify such candidate and committee of the amount so disqualified and such candidate and committee shall pay to the board an amount equal to such disqualified amount; provided, however, that in considering whether or not a participating candidate shall be required to pay to the board such amount or an amount less than the entire disqualified amount, the board shall act in accordance with the following: (i) where credible documentation supporting each qualified campaign expenditure exists but is incomplete, the board shall not impose such liability for such expenditure; and (ii) where there is an absence of credible documentation for each qualified campaign expenditure, the board may impose liability upon a showing that such absence of credible documentation for such expenditure arose from a lack of adequate controls including, but not limited to trained staff, internal procedures to follow published board guidelines and procedures to follow standard financial controls.

   (c) If the total of contributions, other receipts, and payments from the fund received by a participating candidate and his or her principal committee exceed the total campaign expenditures of such candidate and committee for all covered elections held in the same calendar year or for a special election to fill a vacancy such candidate and committee shall use such excess funds to reimburse the fund for payments received by such committee from the fund during such calendar year or for such special election. No such excess funds shall be used for any other purpose, unless the total amount of the payments received from the fund by the principal committee has been repaid.

    1. If a participating candidate whose principal committee has received public funds is disqualified by a court of competent jurisdiction on the grounds that such candidate committed fraudulent acts in order to obtain a place on the ballot and such decision is not reversed, such candidate and his or her principal committee shall pay to the board an amount equal to the total of public funds received by such principal committee.

   (b) If a participating candidate whose principal committee has received public funds fails to actively campaign for election to a covered office, such candidate and his or her principal committee shall pay to the board an amount equal to the total of public funds received by such principal committee. For the purposes of this subdivision, the term “actively campaign for a covered office” shall mean activities that include, but are not limited to, filing designating or nominating petitions for inclusion on the ballot, raising and spending funds for nomination for election or election to a covered office, seeking endorsements, and broadly soliciting votes.

   (c) If a participating candidate whose principal committee has received public funds prior to the last day for filing designating or nominating petitions for inclusion on the ballot ceases to actively campaign for a covered office, including but not limited to making public statements indicating that such participating candidate is no longer seeking nomination for election or election to a covered office, then the board shall inform such participating candidate of the board’s determination that such candidate has ceased actively campaigning for a covered office. Expenditures incurred prior to the date by which such candidate has ceased actively campaigning for a covered office may be considered qualified expenditures, but no expenditures incurred after the date of such a determination of the board shall be considered qualified expenditures.

  1. No claim for the repayment of public funds shall be made against any candidate or committee without written notice to such candidate or committee, issued in a timely manner pursuant to all of the requirements of subdivision one of this section, and an opportunity to appear before the board. Any such repayment claim shall be based on a final determination issued by the board following an adjudication before the board consistent with the procedures set forth in section 1046 of the charter unless such procedures are waived by the candidate or principal committee. Such final determination shall be included in and made part of the final audit which shall be issued within thirty days of such determination.

§ 3-710.5 Findings of violation infraction; adjudications; final determinations.

(i) The board shall determine whether a participating candidate, his or her principal committee, principal committee treasurer or any other agent of a participating candidate has committed a violation or infraction of any provision of this chapter or the rules promulgated hereunder, for which the board may assess a civil penalty pursuant to section 3-711 of this chapter. The board shall promulgate rules defining infractions, and such definitions shall include, but not be limited to, failures to comply with the provisions of this chapter or the rules promulgated hereunder that are limited and non-repetitive.
    1. The board shall give written notice and the opportunity to appear before the board to any participating, limited participating or non-participating candidate, his or her principal committee, authorized committee, committee treasurer or any other agent of such candidate, if the board has reason to believe that such has committed a violation or infraction before assessing any penalty for such action. Any such written notice of alleged violations shall be issued in a timely manner pursuant to all of the requirements of subdivision one of section 3-710 and shall precede the issuance of the final audit required pursuant to subdivision one of section 3-710. In the case of a written notice issued prior to the date of a covered election, or after the date of a covered election in the case of a notice regarding an alleged failure to respond to a request for audit documentation, such notice may be issued prior to the issuance of a draft audit. Alleged violations and proposed penalties shall be subject to resolution by adjudication before the board consistent with the procedures of section 1046 of the charter, unless such procedures are waived by the candidate or principal committee; provided, however, that in the case of adjudications conducted prior to the date of a covered election, the board shall use the procedures of section 1046 of the charter only to the extent practicable, given the expedited nature of such pre-election adjudications; and further provided that alleged violations and proposed penalties may be subject, at the discretion of the candidate or principal committee prior to the commencement of an adjudication proceeding before the board, to a proceeding before a tribunal of the office of administrative trials and hearings. Within 90 days of a candidate or principal committee’s response to a notice of alleged violations and selection of adjudication process, the board shall accordingly calendar an adjudication proceeding before the board or serve a petition upon the candidate or principal committee for a proceeding before a tribunal of the office of administrative trials and hearings. No candidate, representative of a candidate or campaign finance board staff other than a professional counsel hired or retained for such purpose and not otherwise supervised by campaign finance board staff shall be present during an executive session of the board at which an adjudication before the board is discussed. The board shall issue a final determination within thirty days of the conclusion of an adjudication proceeding or, following a proceeding before a tribunal of the office of administrative trials and hearings and the receipt of findings and recommendations regarding such proceeding, each party shall have 20 days to submit written comments to the board and within 30 days of the conclusion of the written comments period the board shall issue a final determination.

   (b) The board shall include in every final determination:

      (i) notice of the respondent’s right to bring a special proceeding challenging the board’s final determination in New York State supreme court pursuant to article 78 of the civil practice law and rules; and

      (ii) notice of the commencement of the four-month period during which such a special proceeding may be brought pursuant to article 2 of the civil practice law and rules.

§ 3-711 Penalties.

1.*   Any participating or limited participating candidate whose principal committee fails to file in a timely manner a statement or record required to be filed by this chapter or the rules of the board in implementation thereof or who commits a violation or infraction of any other provision of this chapter or rule promulgated thereunder, including any provision of section 3-709.5, and any principal committee treasurer or any other agent of a participating or limited participating candidate who commits such a violation or infraction, shall be subject to a civil penalty in an amount not in excess of ten thousand dollars. The board shall publish a schedule of civil penalties for common infractions and violations, including examples of aggravating and mitigating circumstances that may be taken into account by the board in assessing such penalties. This schedule shall reflect that infractions are less serious failures to comply with the provisions of this chapter.

1.*   Any participating or limited participating candidate and his or her principal committee or any non-participating candidate and his or her authorized committees that fail to file in a timely manner a statement or record required to be filed by this chapter or the rules of the board in implementation thereof or that violate any other provision of this chapter or rule promulgated thereunder, and any committee treasurer or any other agent of a participating, limited participating or non-participating candidate who commits such a violation or infraction, shall be subject to a civil penalty in an amount not in excess of ten thousand dollars. The board shall publish a schedule of civil penalties for common infractions and violations, including examples of aggravating and mitigating circumstances that may be taken into account by the board in assessing such penalties. This schedule shall reflect that infractions are less serious failures to comply with the provisions of this chapter.

  • Editor’s note: see L.L. 2004/58 and L.L. 2004/59, both effective 12/15/2004.
    1. In addition to the penalties provided in subdivision one of this section, if the aggregate amount of expenditures by a participating or limited participating candidate and such candidate’s principal committee exceed the expenditure limitations contained in this chapter, such candidate and principal committee shall be subject to a civil penalty in an amount not to exceed three times the sum by which such expenditures exceed the applicable expenditure limitation;

   (b) In addition to the penalties provided in subdivision one of this section, a participating candidate or his or her principal committee, that have been found by the board to have violated a provision of this chapter by failing to provide any response to a draft audit report sent to the candidate after the election by the board pursuant to section 3-710 of this chapter, shall be subject to a civil penalty for such violation of up to ten percent of the total public funds received by such candidate.

  1. The intentional or knowing furnishing of any false or fictitious evidence, books or information to the board under this chapter, or the inclusion in any evidence, books, or information so furnished of a misrepresentation of a material fact, or the falsifying or concealment of any evidence, books, or information relevant to any audit by the board or the intentional or knowing violation of any other provision of this chapter shall be punishable as a class A misdemeanor in addition to any other penalty as may be provided under law, including subdivision one of this section. The board shall assess penalties for such conduct and seek to recover any public funds obtained.
  2. Notwithstanding any provision of law to the contrary, any participating or limited participating candidate and his or her principal committee or any non-participating candidate and his or her authorized committees or any other person who commits any violation of this chapter or any rules promulgated hereunder and who takes all steps necessary to correct such violation prior to receiving written notice from the board of the existence of the potential violation shall not be subject to any penalty for such violation.

§ 3-712 Campaigns for office not subject to this chapter.

Contributions, loans, guarantees and other security for such loans used and expenditures made toward the payment of liabilities incurred by a candidate in an election held prior to the effective date of this section or in a campaign for public office other than one covered by this chapter, shall not be subject to the requirements and limitations of this chapter.

§ 3-713 Reports.

  1. The campaign finance board shall review and evaluate the effect of this chapter upon the conduct of election campaigns in the city and shall submit a report to the mayor and the city council on or before September first, nineteen hundred ninety, and every fourth year thereafter, and at any other time upon the request of the mayor or the city council and at such other times as the board deems appropriate, containing:

   (a) the number and names of candidates qualifying for and choosing to receive public funds pursuant to this chapter, and of candidates failing to qualify or otherwise not choosing to receive such funds, in each election during the four preceding calendar years;

   (b) the amount of public funds provided to the principal committee of each candidate pursuant to this chapter and the contributions received and expenditures made by each such candidate and the principal committee of such candidate, in each election during the four preceding calendar years;

   (c) the number and names of candidates filing a certification pursuant to section 3-717 of this chapter in each election during the four preceding calendar years, together with the expenditures made by each such candidate and the principal committee of such candidate in each such election;

   (d) the number and names of non-participating candidates in each election during the four preceding calendar years, together with the expenditures made by each such candidate and the authorized committees of such candidate in each such election;

   (e) recommendations as to whether the provisions of this chapter governing maximum contribution amounts, thresholds for eligibility and expenditure limitations should be amended and setting forth the amount of, and reasons for, any amendments it recommends;

   (f) analysis of the effect of this chapter on political campaigns, including its effect on the sources and amounts of private financing, the level of campaign expenditures, voter participation, the number of candidates and the candidates’ ability to campaign effectively for public office;

   (g) a review of the procedures utilized in providing public funds to candidates; and

   (h) such recommendations for changes in this chapter as it deems appropriate.

  1. For the report submitted in the year nineteen hundred ninety, the board also shall review any contributions made to candidates and authorized committees prior to the effective date of this chapter which exceed the amount of the maximum contribution applicable pursuant to paragraph (f) of subdivision one of section 3-703 and report as to whether such contributions were returned, expended or otherwise used and the purposes of such expenditures or other uses.

§ 3-714 Construction.

Nothing in this chapter shall be construed to prohibit the making or receipt of contributions to the extent permitted by the election law or to permit the making or receipt of contributions otherwise prohibited.

§ 3-715 Joint campaign activities.

Nothing in this chapter shall be construed to restrict candidates from authorizing expenditures for joint campaign materials and other joint campaign activities, provided that the benefit each candidate derives from the joint material or activity is proportionally equivalent to the expenditures authorized by such candidate.

§ 3-716 Application of the contribution and expenditure limitations to certain political activities.

  1. Nothing in this chapter shall be construed to restrict candidates or their agents from making appearances at events sponsored or paid for by persons, political committees, or other entities that are not in any way affiliated with such candidate or any agent of such candidate. The costs of such events shall not be considered contributions to or expenditures by such a candidate pursuant to this chapter solely because such an appearance is made; provided that this subdivision shall not apply to any event in relation to which contributions are solicited on behalf of such candidate.
  2. The following activities in support of other candidates by a participating, or limited participating or non-participating candidate or his or her principal committee shall not be considered contributions to or expenditures by such participating, or limited participating or non-participating candidate or his or her principal committee, except to the extent such activities are paid for by such candidate or his or her principal committee for a covered election:

   (a) The act alone of endorsing or appearing with another candidate for public office, party nomination or party position.

   (b) The insubstantial communication of such endorsement or appearance described in paragraph (a), such as where the participating, or limited participating or non-participating candidate’s name is one of several names appearing on the communication and is of equivalent prominence as the other names.

   (c) Fundraising assistance to another candidate in the form of written communications that do not promote the participating, or limited participating or non-participating candidate, such as the appearance of the participating, or limited participating or non-participating candidate’s name or signature on a letter soliciting funds for another candidate or the appearance of such participating, or limited participating or non-participating candidate’s name on fundraising material where such participating, or limited participating or non-participating candidate’s name appears alone or with other names and is of equivalent prominence as the other names.

   (d) A typical communication by a political club to its members, which includes the name of a participating, or limited participating or non-participating candidate, provided that such candidate is already a member of the political club, the political club has fewer than 500 members, and the communication does not solicit funds on behalf of or otherwise promote such candidate’s campaign for a covered election.

  1. The communication of an endorsement or appearance which is not insubstantial under paragraph (b) of subdivision two, fundraising assistance which is promotional under paragraph (c) of subdivision two and a political club communication which does not meet the requirements of paragraph (d) of subdivision two, shall be contributions to and expenditures by the participating, or limited participating or non-participating candidate. Among the factors the board shall consider in determining the value of the contribution to and expenditure by the participating, or limited participating or non-participating candidate are the following factors:

   (a) the focus of the communication;

   (b) the geographical distribution or location of the communication;

   (c) the subject matter of the communication;

   (d) the references to the participating, or limited participating or non-participating candidate or the participating, or limited participating or non-participating candidate’s appearances in the communication;

   (e) the relative prominence of a participating, or limited participating or non-participating candidate’s references or appearances in the communication, including the size and location of such references and any photographs of the participating, or limited participating or non-participating candidate; and

   (f) the timing of the communication.

§ 3-717 Limited Participation.

  1. Requirements.

   (a) To be a limited participating candidate, a candidate for nomination for election or election must:

      (i) be a candidate for mayor, public advocate, comptroller, borough president or member of the city council in a primary, special, or general election;

      (ii) not have filed a certification pursuant to section 3-703 for the election or elections for which he or she seeks to file a certification pursuant hereto;

      (iii) (A) file a written certification in such form as may be prescribed by the campaign finance board, which sets forth his or her acceptance of and agreement to comply with the terms and conditions of this section and the rules promulgated hereby, which includes an affirmation that the candidate has a sufficient amount of personal funds to fund his or her campaign; and

         (B) the deadline for filing such certification for a primary, general, or special election shall be the deadline date for filing written certifications pursuant to section 3-703(1)(c) by candidates seeking nomination for election or election to the same office in the same calendar year as candidates seeking to file a certification pursuant to this subparagraph, and the provisions of such section 3-703(1)(c) relating to the occurrence of an “extraordinary circumstance” shall apply to limited participating candidates; and

      (iv) notify the board in the candidate’s written certification as to:

         (1) the existence of each authorized committee authorized by such candidate that has not been terminated,

         (2) whether any such committee also has been authorized by any other candidate, and

         (3) if the candidate has authorized more than one authorized committee, which authorized committee has been designated by the candidate as the candidate’s principal committee for the election(s) covered by the candidate’s certification; provided, that such principal committee (a) shall be the only committee authorized by such candidate to aid or otherwise take part in the election(s) covered by the candidate’s certification, (b) shall not be an authorized committee of any other candidate, and (c) shall not have been authorized or otherwise active for any election prior to the election(s) covered by the candidate’s certification. The use of an entity other than the designated principal committee to aid or otherwise take part in the election(s) covered by the candidate’s certification shall be a violation of this section and shall trigger the application to such entity of all provisions of this chapter governing principal committees.

   (b) A limited participating candidate and his or her principal committee shall comply with the provisions of paragraphs (d), (e), (g), (i), and (o) of subdivision one, and subdivisions six, six-a, eight, nine, ten, and twelve of section 3-703 of this chapter.

   (c) A limited participating candidate and his or her principal committee shall not accept, at any time before or after the filing of a certification pursuant to paragraph (a) of this subdivision, either directly or by transfer, any monetary or in-kind contribution, or any loan, guarantee, or other security for such loan made in connection with such candidate’s nomination for election or election, except for monetary contributions from the candidate to his or her principal committee made out of the candidate’s personal funds, in-kind contributions made by the candidate to his or her principal committee, and advances received pursuant to subparagraph (d) of this paragraph.

   (d) A limited participating candidate and his or her principal committee shall make expenditures in furtherance of the election(s) for which the candidate has filed a certification pursuant to paragraph (a) of this subdivision, whether before or after the filing of such certification, only with contributions received pursuant to subparagraph (c) of this paragraph and, to the extent permitted by rule promulgated by the board pursuant hereto, advances by the limited participating candidate.

   (e) A limited participating candidate, together with his or her principal committee, shall not make expenditures which in the aggregate exceed the applicable expenditure limitations set forth in section 3-706.

   (f) Neither a limited participating candidate nor an authorized committee of a limited participating candidate shall be eligible to receive public funds pursuant to section 3-705.

   (g) If a limited participating candidate is a candidate for the same office for which he or she filed a certification pursuant to paragraph (a) of this subdivision in any other election held in the same calendar year as the election for which such candidate filed such certification, other than a special election to fill a vacancy, he or she shall be bound in each such other election by the provisions of this section.

   (h) A candidate who files a certification pursuant to paragraph (a) of this subsection shall not be eligible to file a certification pursuant to section 3-703.

   (i) Notwithstanding any limitations in this chapter, a limited participating candidate may contribute to his or her own nomination for election or election with his or her personal funds or property, in-kind contributions made by the candidate to his or her authorized committees with the candidate’s personal funds or property, and advances made by the limited participating candidate with the candidate’s personal funds or property. A candidate’s personal funds or property shall include his or her funds or property jointly held with his or her spouse, domestic partner, or unemancipated children, but shall not include other personal funds or property of his or her spouse, domestic partner or unemancipated children.

§ 3-718 Obligations of non-participating candidates.

  1. Disclosure requirements of non-participating candidates.

   (a) A non-participating candidate shall notify the board in such form as may be prescribed by the board as to: (i) the existence of each committee authorized by such candidate that has not been terminated, and (ii) whether any such committee also has been authorized by any other candidate.

   (b) A non-participating candidate, and the authorized committees of such a non-participating candidate, shall comply with the same requirements as a participating candidate who files a certification pursuant to paragraph (c) of subdivision one of section 3-703 of this chapter as provided in paragraphs (d) and (g) of such subdivision, subdivision one-b of section 3-703, and subdivisions six, six-a and eight of section 3-703 of this chapter.

   (c) A non-participating candidate and his or her authorized committee shall submit the disclosure reports required pursuant to this chapter, filed in accordance with the schedule specified by the state board of elections for the filing of campaign receipt and expenditure statements, and such other disclosure reports as the rules of the board may require.

   (d) Neither a non-participating candidate nor an authorized committee of a non-participating candidate shall be eligible to receive public funds pursuant to section 3-705.

  1. Contribution limitations of non-participating candidates.

   (a) A non-participating candidate shall notify the board in such form as may be prescribed by the board as to: (i) the existence of each committee authorized by such candidate that has not been terminated, and (ii) whether any such committee also has been authorized by any other candidate.

   (b) A non-participating candidate, and the authorized committees of such a non-participating candidate, shall only accept contributions as limited by the provisions of paragraphs (f) and (l) of subdivision one of section 3-703, and subdivisions 1-a, 1-c and ten of section 3-703 of this chapter. Notwithstanding any contribution limitations in paragraphs (f) and (h) of subdivision one of section 3-703 and subdivision 1-a of section 3-703, a non-participating candidate may contribute to his or her own nomination for election or election with his or her personal funds or property, in-kind contributions made by the candidate to his or her authorized committees with the candidate’s personal funds or property, and advances or loans made by the non-participating candidate with the candidate’s personal funds or property. A candidate’s personal funds or property shall include his or her funds or property jointly held with his or her spouse, domestic partner, or unemancipated children.

   (c) Neither a non-participating candidate nor an authorized committee of a non-participating candidate shall be eligible to receive public funds pursuant to section 3-705.

§ 3-719 Tolling of time for notice of alleged violations and/or notice of repayment of public funds.

If a committee has failed to respond to a request for information made by board auditors or has inadequately responded during the post-election audit process and the board has satisfied the provisions of subdivision 1 of section 3-710, the time period for serving notice shall be tolled and extended by the number of days by which the committee has exceeded the original deadline for a response, provided that the committee has received timely written notice of: (a) the original deadline to provide the information, which shall not have been less than thirty days from the date such information was requested, and (b) the commencement of the tolling period pursuant to this section.

§ 3-720 Covered elections prior to the year 2022.*

  1. Notwithstanding any other provision of this chapter, the contribution limitations and public matching funds provisions, including those pertaining to the matching formula, qualifying threshold, and public funds cap, pursuant to this section shall apply to all candidates seeking office in covered elections held prior to the year 2022.
  2. For non-participating candidates in a covered election held prior to the year 2022, the maximum contributions shall be as follows:

   1. for the office of mayor, public advocate or comptroller, $5,100;

   2. for borough president, $3,950; or

   3. for member of the city council, $2,850.

  1. Candidates seeking office in covered elections held prior to the year 2022 who intend to participate shall file with the campaign finance board a nonbinding written statement declaring whether they intend to select the terms, conditions, and requirements for contribution limits and for the provision of public matching funds, including those pertaining to the matching formula, qualifying threshold, public funds cap, and distribution schedule, under Option A or Option B provided in subdivision d of this section. Such statement shall be made on the date of the filing of the first disclosure report required pursuant to section 3-703 of the administrative code, provided that candidates who intend to participate in such system who filed such first disclosure report prior to January 12, 2019 shall file such non-binding written statement with the campaign finance board no later than September 15, 2019, and further provided that such non-binding written statement shall not be required if a candidate has already complied with subdivision d of this section as of the date of the filing of the first disclosure report. Failure to file the statement required pursuant to this subdivision shall not be deemed to preclude a candidate from choosing to participate in the voluntary system of campaign finance reform described in this chapter, pursuant to paragraph (c) of subdivision 1 of section 3-703, provided that if no such statement is filed then the board shall apply to such a participating candidate the terms, conditions and requirements pursuant to Option B.
  2. Participating candidates seeking office in covered elections held prior to the year 2022 shall state in the written certification filed pursuant to paragraph (c) of subdivision 1 of section 3-703, whether they agree to the terms, conditions, and requirements for contribution limits and for the provision of public matching funds, including those pertaining to the matching formula, qualifying threshold, public funds cap, and distribution schedule, under Option A or Option B provided in subdivision e of this section.
    1. Option A. For candidates seeking office in covered elections held prior to the covered primary election to be held in the year 2021: (i) the contribution limitations pursuant to paragraph (f) of subdivision 1 of section 3-703; (ii) the matching formula provided in paragraph a of subdivision 2 of section 3-705; (iii) a public funds cap such that the principal committee of a participating candidate shall not receive public funds in excess of an amount equal to 75 percent of the expenditure limitation provided in subdivision 1 of section 3-706 for the office for which such candidate seeks nomination for election or election, as adjusted by the campaign finance board pursuant to paragraph (e) of subdivision 1 of section 3-706; and (v) the threshold for eligibility for public funding for participating candidates pursuant to subdivision 2 of section 3-703.

      For candidates seeking office in a covered primary or general election to be held in the year 2021: (i) the contribution limitations pursuant to paragraph (f) of subdivision 1 of section 3-703; (ii) the matching formula pursuant to paragraph a of subdivision 2 of section 3-705; (iii) the public funds cap pursuant to paragraph b of subdivision 2 of section 3-705; and (v) the threshold for eligibility for public funding for participating candidates pursuant to subdivision 2 of section 3-703.

   2. Option B. The contribution limitations and public matching funds provisions, including those pertaining to the matching formula, qualifying threshold, and public funds cap, as in effect prior to January 12, 2019.

  1. For participating candidates and their principal committees seeking office in covered elections held prior to the year 2022, the campaign finance board shall administer and enforce the contribution limitations and public matching funds provisions, including those pertaining to the matching formula, qualifying threshold, and public funds cap in accordance with whether the participating candidate has chosen Option A or Option B pursuant to subdivision d, provided that: (i) candidates who received contributions prior to January 12, 2019 shall be required to refund the portion of any contribution received prior to January 12, 2019 that exceeds the limitations set forth in paragraph (f) of subdivision 1 of section 3-703 if such candidate elects Option A; and (ii) matchable contributions received prior to January 12, 2019 shall be subject to the matching formula as described in Option A if a candidate elects Option A.
  • Editor’s note: Section 29 of L.L. 2019/128 provides that this section expires and is deemed repealed on January 1, 2022.

Chapter 9: Organizations Affiliated with Elected Officials.

§ 3-901 Definitions.

As used in this chapter, the following terms have the following meanings.

Doing business database. The term “doing business database” means the doing business database as defined in section 3-702 of the administrative code.

Donation. The term “donation” means any contribution from a non-governmental source, including in-kind donations, gifts, loans, advances or deposits of money, or anything of value.

Elected official communications. The term “elected official communications” means a communication in the form of: (i) radio, television, cable or satellite broadcast; (ii) printed material such as advertisements, pamphlets, circulars, flyers, brochures or letters; (iii) telephone communication; or (iv) paid internet advertising; which includes the name, voice or likeness of the person holding office as mayor, comptroller, public advocate, borough president or member of the council with whom the entity making such communication is affiliated. Elected official communications do not include: (i) communications with a professional journalist or newscaster, including an editorial board or editorial or opinion writer of a newspaper, magazine, news agency, press association or wire service; or (ii) a communication that is: (A) directed, sent or distributed by the distributing organization only to individuals who affirmatively consent to be members of the distributing organization, contribute funds to the distributing organization, or, pursuant to the distributing organization’s articles or bylaws, have the right to vote directly or indirectly for the election of directors or officers, or on changes to bylaws, disposition or all or substantially all of the distributing entity’s assets or the merger or dissolution of the distributing entity; or (B) for the purpose of promoting or staging any candidate debate, town hall or similar forum to which at least two candidates seeking the same office, or two proponents of differing positions on a referendum or question submitted to voters, are invited as participants, and which does not promote or advance one candidate or position over another.

Organization affiliated with an elected official. The term “organization affiliated with an elected official” means:

   (i) a non-profit entity other than an agency, public authority, public benefit corporation or local development corporation;

   (ii) which has received at least one donation in the previous or current calendar year; and

   (iii) over which a person holding office as mayor, comptroller, public advocate, borough president or member of the council, or an agent of such a person, which shall include an appointee of such person serving at the pleasure of such person, exercises control. There shall be a rebuttable presumption of control by an elected official where such official, or such an agent, appoints a majority of seats on the board of the entity (not including appointees nominated by another individual or entity that is not such an agent of the elected official), or is a principal officer of the entity.

In determining whether a person holding office as mayor, comptroller, public advocate, borough president or member of the council, or an agent or appointee of such a person, exercises control over such an organization, the conflicts of interest board shall consider the totality of the circumstances, including:

   (i) whether the organization was created by such an elected official or their agent, or by an individual who was previously employed by, or was a paid political consultant of, the elected official, and, if so, how recently such organization was created;

   (ii) whether the board of the organization is chaired by such an elected official or their agent;

   (iii) whether board members appointed by such elected official serve for terms or are appointed only upon nomination of other individuals or entities that are not agents of such elected official;

   (iv) the degree of involvement or direction by the elected official in such organization’s policies, operations and activities; and

   (v) other such factors as the conflicts of interest board shall promulgate by rule.

Principal committees and political committees, as those terms are defined in section 3-702, are not organizations affiliated with an elected official.

Person with business dealings with the city. The term “person with business dealings with the city” means any person who is listed in the doing business database, or any domestic partner, spouse, or unemancipated child of such a person.

Spend. The term “spend” means to spend or to cause to be spent.

§ 3-902 Reporting and donor disclosure for organizations affiliated with elected officials.

  1. All organizations affiliated with an elected official that spend or reasonably expect to spend at least 10% of their expenditures in the current or next calendar year on the production or dissemination of elected official communications shall submit a report to the conflicts of interest board annually by August 1, in a manner determined by the conflicts of interest board by rule. Such report shall list:

   1. the name of the organization;

   2. the name or names of the elected official, or of any agent of such a person or appointee serving at the pleasure of such elected official, who is affiliated with the organization;

   3. the names of the principal officers and board members of the organization;

   4. whether the organization has tax-exempt status pursuant to the internal revenue code and, if so, the section of such code that grants such status;

   5. the website address of the organization, if any;

   6. the names of any persons who made a donation to the organization during the previous calendar year, if any, who were persons with business dealings with the city on the date of such donation or became persons with business dealings with the city within 180 days of the receipt of such donation, and the city and state of residence, dates of donation, and value of donation of any such persons;

   7. the names of any other individuals who, or any entity that, made a donation or donations with an aggregate reasonable value of $1,000 or more to the organization during the previous calendar year, if any, and the city and state of residence or state of incorporation as applicable, dates of donation, and value of donation of any such individuals or entities;

   8. an accounting of the expenditures of the organization during the previous calendar year on the production or dissemination of elected official communications, in a manner and form determined by the conflicts of interest board; and

   9. any other information required to be included by the conflicts of interest board.

  1. All organizations affiliated with an elected official that did not spend or do not reasonably expect to spend at least 10% of their expenditures in the previous or current calendar year on the production or dissemination of elected official communications shall submit a report to the conflicts of interest board annually by August 1, in a manner determined by the conflicts of interest board by rule. Such report shall list:

   1. the name of the organization;

   2. the name or names of the elected official, or of any agent of such a person or appointee serving at the pleasure of such elected official, who is affiliated with the organization;

   3. the names of the principal officers and board members of the organization;

   4. whether the organization has tax-exempt status pursuant to the internal revenue code and, if so, the section of such code that grants such status;

   5. the website address of the organization, if any;

   6. except for donations covered by paragraph 7 of this subdivision, the names of any persons who, or any entities that, made a donation or donations with an aggregate reasonable value of $5,000 or more to such organization during the previous calendar year, if any, and the city and state of residence or state of incorporation as applicable, dates of donation, and value of donation of any such persons or entities;

   7. for any donation or donations with an aggregate reasonable value of $5,000 or more made to such organization during the previous calendar year from a donor who does not wish to have their identity made public, the date or dates of donation and the amount of each such donation, provided that the name of any such donor, or any other identifying information, may be substituted with anonymizing language; and

   8. a certification that the organization did not spend or does not reasonably expect to spend at least 10% of its expenditures in the previous or current calendar year on the production or dissemination of elected official communications.

  1. The conflicts of interest board shall maintain and regularly update a list on its website, in a machine readable format that permits automated processing, of all organizations that reported, and all donor information disclosed, to such board pursuant to this section, provided however that the conflicts of interest board may determine that disclosure of donors shall not be made public if, based upon a review of the relevant facts presented by the reporting entity, such disclosure may cause harm, threats, harassment, or reprisals to the donor, or to individuals or property affiliated with the donor. The reporting entity may appeal the board’s determination in New York state supreme court pursuant to article 78 of the civil practice law and rules. The conflicts of interest board shall not post the names of donors that are the subject of such appeal pending a final judicial determination.
  2. Donor written submissions received pursuant to section 3-903 shall be retained by the inquiring organization for at least three years from the date of receipt.

§ 3-903 Prohibition of acceptance of certain donations.

  1. Organizations affiliated with an elected official that spend or reasonably expect to spend at least 10% of their expenditures in the current or next calendar year on the production or dissemination of elected official communications shall not accept donations with a reasonable value in excess of $400 in a single calendar year by any person who such organization knows or should know has business dealings with the city on the date of such donation. No violation shall issue and no penalty shall be imposed where any excess donation under this subdivision is refunded within 20 days of receipt by such organization.
  2. Organizations affiliated with an elected official that spend or reasonably expect to spend at least 10% of their expenditures in the current or next calendar year on the production or dissemination of elected official communications shall return any donations with a reasonable value in excess of $400 in a single calendar year by any person who is not a person who such organization knows or should know has business dealings with the city on the date of such donation, but who is added to the doing business database within 180 days of receipt by the organization. No violation shall issue and no penalty shall be imposed where any excess donation under this subdivision is refunded within 200 days of receipt by such organization.
  3. Organizations affiliated with an elected official that spend or reasonably expect to spend at least 10% of their expenditures in the current or next calendar year on the production or dissemination of elected official communications shall not accept donations by any entity or person other than a natural person, or from any person who fails to make the written submission required by subdivision d of this section.
  4. Organizations affiliated with an elected official that spend or reasonably expect to spend at least 10% of their expenditures in the current or next calendar year on the production or dissemination of elected official communications shall require a written submission in a manner and form determined by the conflicts of interest board from every individual making a donation with a reasonable value in excess of $400 in a single calendar year to determine whether such individual is a person with business dealings with the city.
  5. Entities that have, as their sole purpose, advocating for New York city as the location for a national or international sporting event, a national political convention, or another event publicly determined by the conflicts of interest board to be similar to such an event are not subject to the requirements or limitations of this section.

§ 3-904 Advisory opinions, outreach and determination of control.

  1. The conflicts of interest board shall render advisory opinions with respect to all matters covered by this chapter. An advisory opinion shall be rendered on the request of a person holding office as mayor, comptroller, public advocate, borough president or member of the council, an agent of such officeholder, or any non-profit entity potentially subject to the provisions of this chapter, and shall apply only to the particular circumstances of such request. The request shall be in such form as the board may require and shall be signed by the person making the request, or, in the case of a request by a non-profit entity, by a responsible officer or other representative of such entity. The opinion of the board shall be based on such facts as are presented in the request or subsequently submitted in a written, signed document. Notwithstanding any inconsistent provision of law, opinions rendered by the board pursuant to this section shall be made publicly available.
  2. Within thirty days of a person taking office for the first time as mayor, comptroller, public advocate, borough president or member of the council, the conflicts of interest board shall notify each such elected official in writing of the obligations of organizations affiliated with such elected official set forth in this chapter.
  3. In addition to the advisory opinion process set forth in subdivision a, the conflicts of interest board shall promulgate rules establishing procedures whereby a non-profit entity may apply for a formal determination that an elected official or an agent of an elected official does not exercise control over such entity, consistent with the considerations included in the definition of “organization affiliated with an elected official” set forth in section 3-901, and may seek to rebut the presumption contained in such definition. To the extent practicable, the board shall make a determination within 60 days of receiving a complete application. The entity may appeal the board’s determination in New York State supreme court pursuant to article 78 of the civil practice law and rules. Where the board has determined that the entity is not controlled by an elected official, such entity shall be exempt from the provisions of this chapter for so long as there is no material change in the circumstances set forth in the application for a formal determination made pursuant to this subdivision.

§ 3-905 Enforcement.

Complaints alleging violations of this chapter, or of rules or directives promulgated by the conflicts of interest board pursuant to this chapter, shall be made, received, investigated and adjudicated in a manner consistent with the procedures relating to investigations and adjudications of allegations of conflicts of interest set forth in chapters 34 and 68 of the charter.

§ 3-906 Penalties.

  1. Any organization that violates any provision of section 3-902 shall be subject to a civil penalty of not more than $10,000. The conflicts of interest board may hold the person holding office as mayor, comptroller, public advocate or borough president with whom such organization is affiliated, if any, or their agent who violates such subdivision, jointly and severally liable for any such penalties if such person knew or reasonably should have known of the violation. The conflicts of interest board may recommend to the council that the person holding office as member of the council with whom such organization is affiliated, if any, or their agent who violates such subdivision be held jointly and severally liable for any such penalties if such person knew or reasonably should have known of the violation. In addition to such civil penalties, for the second and subsequent offense any person who knowingly and willfully violates any provision of section 3-902 shall be guilty of a class A misdemeanor.
  2. Any organization that violates subdivision a, b or c of section 3-903 shall be required to return any donations with a reasonable value in excess of the applicable donation limit, and shall be subject to a civil penalty, which for the first offense shall be not more than $5,000, for the second offense not more than $15,000, and for the third and subsequent offenses not more than $30,000. The conflicts of interest board may hold the person holding office as mayor, comptroller, public advocate or borough president with whom such organization is affiliated, if any, or their agent who violates any such subdivision, jointly and severally liable for any such penalties, if such person knew or reasonably should have known of the violation. The conflicts of interest board may recommend to the council that the person holding office as member of the council with whom such organization is affiliated, if any, or their agent who violates any such subdivision, be held jointly and severally liable for any such penalties, if such person knew or reasonably should have known of the violation.
  3. Any organization that violates subdivision d of section 3-903 shall be subject to a civil penalty, which for the first offense shall be not more than $1,000, and for the second and subsequent offenses not more than $10,000.

(L.L. 2016/181, 12/22/2016, eff. 1/1/2018*)

  • Editor’s note: Pursuant to § 4 of L.L. 2016/181, subsection a is effective 1/1/2019.

§ 3-907 Rulemaking.

The conflicts of interest board shall promulgate such rules as are necessary to ensure the implementation of this chapter.

Chapter 10: Environmental Justice

§ 3-1001 Definitions.

As used in this chapter:

Advisory board. The term “advisory board” means the advisory board created pursuant to section 3-1006.

Disproportionate effect. The term “disproportionate effect” means situations of concern where there exists significantly higher and more adverse health and environmental effects on minority populations or low-income populations.

Environmental benefit. The term “environmental benefit” shall include, but not be limited to, access to grants, subsidies, loans and other financial assistance relating to energy efficiency or environmental projects; access to open space, green infrastructure and, where relevant, access to waterfronts; and the implementation of environmental initiatives, including climate resilience measures.

Environmental justice. The term “environmental justice” means the fair treatment and meaningful involvement of all persons, regardless of race, color, national origin or income, with respect to the development, implementation and enforcement of environmental laws, regulations, policies and activities and with respect to the distribution of environmental benefits. Fair treatment means that no group of people, including a racial, ethnic or socioeconomic group, should (i) bear a disproportionate share of the negative environmental consequences resulting from industrial, municipal and commercial operations or the execution of federal, state or local programs and policies or (ii) receive an inequitably low share of environmental benefits.

Environmental justice area. The term “environmental justice area” means a low-income community located in the city or a minority community located in the city.

Environmental justice plan. The term “environmental justice plan” means a plan required by section 3-1003.

Interagency working group. The term “interagency working group” means the interagency working group established pursuant to section 3-1002 of this chapter.

Low-income community. The term “low-income community” means a census block group, or contiguous area with multiple census block groups, having a low-income population equal to or greater than 23.59 percent of the total population of such block group or groups, or such other percentage as may be determined by the New York state department of environmental conservation in the course of setting parameters for the location of potential environmental justice areas within the state of New York and made publicly available on the website of such department.

Low-income population. The term “low-income population” means a population having an annual income that is less than the poverty threshold established by the United States census bureau.

Minority community. The term “minority community” means a census block group, or contiguous area with multiple census block groups, having a minority population equal to or greater than 51.1 percent of the total population of such block group or groups, or such other percentage as may be determined by the New York state department of environmental conservation in the course of setting parameters for the location of potential environmental justice areas within the state of New York and made publicly available on the website of such department.

Minority population. The term “minority population” means a population that is identified or recognized by the United States census bureau as Hispanic, African-American or Black, Asian and Pacific Islander or American Indian.

§ 3-1002 Interagency working group.

  1. By no later than three months after the effective date of this section, the mayor shall establish an interagency working group consisting of the heads of the following city agencies, or their designees:

   1. The department of environmental protection;

   2. The department of parks and recreation;

   3. The department of transportation;

   4. The department of health and mental hygiene;

   5. The department of city planning;

   6. The department of buildings;

   7. The department of housing preservation and development;

   8. The department of sanitation;

   9. The office of long-term planning and sustainability;

   10. The New York city commission on human rights; and

   11. Such other offices within the office of the mayor and such other city agencies as shall be designated by the mayor, including, when appropriate, such offices or agencies with subject matter expertise in environmental policy and/or data analysis.

  1. The mayor shall appoint or designate a special coordinator for environmental justice, who may, in the discretion of the mayor, be within the office of the mayor or within any agency, the head of which is appointed by the mayor, and who shall be the chair of the interagency working group.
  2. Staff assistance for the interagency working group shall be provided by the member agencies and offices within the office of the mayor.
  3. The interagency working group shall:

   1. Provide guidance to agencies on criteria for identifying and interpreting:

      (a) Human health data and analyses relevant to city agency programs, activities and policies;

      (b) Available data relating to environmental factors within the city, including but not limited to (i) air and water quality and concentrations of violations of city environmental regulations that may reflect environmental justice concerns and (ii) existing studies on environmental justice;

      (c) Existing city facilities and infrastructure, and to the extent known existing non-city facilities and infrastructure, located in environmental justice areas that may raise environmental justice concerns;

      (d) Opportunities for promoting environmental justice;

   2. Coordinate with, provide guidance to, and serve as a clearinghouse for, city agencies as they implement the environmental justice plan, in order to promote consistent and transparent administration, interpretation and enforcement of programs, activities and policies;

   3. Assist in coordinating research by, and stimulating cooperation among, agencies conducting data collection, research or other activities in accordance with section 3-1005;

   4. Develop interagency model projects that address environmental justice concerns and that evidence cooperation among agencies;

   5. Receive and respond to inquiries, including data requests, and recommendations from the advisory board;

   6. Develop an environmental justice plan pursuant to section 3-1003; and

   7. Conduct a study of environmental justice areas pursuant to section 3-1007.

§ 3-1003 Environmental justice plan.

  1. The interagency working group shall develop an environmental justice plan that provides guidance for incorporating environmental justice concerns into city decision-making, identifies possible citywide initiatives for promoting environmental justice and provides specific recommendations for city agencies represented on the interagency working group. Matters treated by such plan shall include, at a minimum:

   1. City-wide initiatives:

      (a) Methods for promoting environmental justice;

      (b) Methods of encouraging greater public engagement with and participation in decision-making that raises environmental justice concerns;

      (c) Methods of promoting transparency and consistency in the city’s approach to environmental justice;

      (d) City-wide and/or inter-agency projects that address environmental justice concerns;

      (e) Methods for promoting equitable distribution of and access to environmental benefits;

      (f) Methods for improving research and data collection relating to human health and the environment; and

      (g) Recommendations for legislation, policy, budget initiatives and other measures the city can take, either acting alone or in collaboration with other organizations or governmental entities, to (i) mitigate or, to the extent possible, eliminate the disproportionate effects identified in the study required by section 3-1007 and (ii) increase utilization of renewable energy sources and energy efficiency measures in environmental justice areas.

   2. Agency-specific recommendations:

      (a) Changes to an agency’s programs, policies, activities or processes that will promote environmental justice, including but not limited to:

         (1) Consideration of capital projects that address environmental justice concerns in or provide environmental improvements to environmental justice areas;

         (2) Agency enforcement actions that can be strengthened or expanded to address environmental justice concerns;

         (3) Agency-specific methods of promoting greater public participation and transparency in agency decision-making that raises environmental justice concerns, including the siting of agency facilities; and

      (b) A description of any amendments to laws or rules that would facilitate implementation of any of the recommendations made pursuant to subparagraph (a) of this paragraph.

    1. By December 31, 2019, the interagency working group shall (i) provide the advisory board with a draft environmental justice plan, (ii) provide a copy of such plan to the mayor and the speaker of the council and (iii) provide a copy of such plan to each city agency covered by such plan. Upon receiving a copy of such plan, each agency covered by such plan shall publish a copy thereof on its website.

   2. By June 30, 2020, the advisory board shall:

      (a) Review such plan;

      (b) Hold public hearings on such plan in accordance with section 3-1006; and

      (c) Provide the interagency working group with recommendations and comments relating to such plan and convey public comments received at public hearings conducted by such board on such plan.

   3. By December 31, 2021, the interagency working group shall (i) finalize the environmental justice plan, which shall include responses to all recommendations submitted to the interagency working group by the advisory board, (ii) provide a copy of such plan to the advisory board, (iii) provide a copy of such plan to the mayor and the speaker of the council and (iv) provide a copy of such plan to each agency covered by such plan. Upon receiving a copy of such plan, each agency covered by such plan shall publish a copy thereof on its website.

   4. By June 30 in 2022, and by June 30 in every year thereafter, the interagency working group shall report to the advisory board, the mayor and the speaker of the council on progress in implementing the environmental justice plan.

    1. By December 31, 2024, and by December 31 in every fifth year thereafter, the interagency working group shall (i) provide the advisory board with draft revisions to the most recent environmental justice plan, (ii) provide a copy of such revisions to the mayor and the speaker of the council and (iii) provide a copy of such revisions to each agency covered by such plan. Upon receiving a copy of such revisions, each agency covered by such plan shall publish a copy thereof on its website.

   2. By June 30, 2025, and by June 30 in every fifth year thereafter, the advisory board shall:

      (a) Review such revisions;

      (b) Hold public hearings on such revisions in accordance with section 3-1006; and

      (c) Provide the interagency working group with recommendations and comments relating to such revisions and convey public comments received at public hearings conducted by such board on such revisions.

   3. By December 31, 2025, and by December 31 in every fifth year thereafter, the interagency working group shall (i) finalize the revisions to the environmental justice plan, which shall include responses to all recommendations submitted to the interagency working group by the advisory board, (ii) provide a copy of such revised plan to the advisory board, (iii) provide a copy of such revised plan to the mayor and the speaker of the council and (iv) provide a copy of such revised plan to each agency covered by such plan. Upon receiving a copy of such revised plan, each agency covered by such revised plan shall publish a copy thereof on its website.

   4. The interagency working group may revise the environmental justice plan more frequently than set forth in this subdivision, provided that (i) at least 60 days before finalizing such revision, such working group provides a copy of the proposed revision to the advisory board, (ii) the finalized revision includes responses to all recommendations submitted to the interagency working group by the advisory board, (iii) such working group provides a copy of the finalized revision to the advisory board, the mayor, the speaker of the council and each agency covered by the environmental justice plan as revised. Upon receiving a copy of such plan, each agency covered by such plan shall publish a copy thereof on its website.

§ 3-1004 Agency responsibilities.

To the extent practicable, each agency covered by the environmental justice plan shall conduct its programs, policies and activities in accordance with the environmental justice plan, provided that the application of such plan to any such agency shall be consistent with the powers and duties of such agency as set forth in the charter and all applicable laws.

§ 3-1005 Research, data collection and analysis.

  1. The interagency working group, in consultation with the advisory board, shall identify and consider existing data, research and analysis that relates to environmental justice concerns raised by city agency programs, policies, facilities, and activities and that may inform city agency decisions regarding programs, policies, facilities, and activities.
  2. The interagency working group, in consultation with the advisory board, shall identify data collection, research, or analysis that may be undertaken by a city agency that relates to environmental justice concerns and may inform city agency decisions regarding programs, policies, facilities, and activities, and shall work with city agencies to facilitate such data collection, research, or analysis.
  3. Information collected pursuant to this subdivision shall be made available to the public as practicable, unless prohibited by law.
  4. City agencies shall, whenever practicable and appropriate, use existing data systems and coordinate with other agencies and with federal, state or other local governments to share information and eliminate unnecessary duplication of efforts.

§ 3-1006 Advisory board.

  1. There is hereby established an advisory board on environmental justice that shall consist of the following members:

   1. Seven members appointed by the mayor;

   2. Seven members appointed by the speaker of the council; and

   3. One member who shall serve as the chair of such board and who shall be appointed by the mayor in consultation with such speaker.

  1. Each member of the advisory board shall be:

   1. An individual who is, at the time of appointment, a director, member or employee of an organization engaged primarily in work promoting environmental justice;

   2. A resident of an environmental justice area;

   3. A member of a community board representing a community district that is located in whole or in part in an environmental justice area; or

   4. A faculty member of an academic institution located within the city and who specializes in one of the environmental sciences, environmental health, environmental justice, human rights or urban planning.

  1. The mayor and the speaker of the council shall consult and, to the extent practicable, ensure that the advisory board includes at least one member, appointed pursuant to paragraph one or two of subdivision a of this section, who is a resident of or a member of a community board representing a community district located in whole or in part in each borough of the city.
    1. Advisory board members shall serve without compensation.

   2. The initial appointment of advisory board members shall be completed by no later than six months after the effective date of the local law that added this section.

   3. Advisory board members shall serve terms of three years.

   4. Any vacancy on the advisory board shall be filled in the manner of original appointment.

  1. The advisory board shall:

   1. Consult with the interagency working group in the preparation of the environmental justice plan and any revisions thereto;

   2. Review and comment on the draft environmental justice plan and any revisions thereto before its finalization by the interagency working group;

   3. Hold public hearings pursuant to subdivision f of this section;

   4. Convey public comments received at such hearings as well as its own comments regarding the draft environmental justice plan and any revisions thereto to the interagency working group;

   5. Make recommendations to the interagency working group concerning any matter considered by, or action to be taken by, the interagency working group or for otherwise promoting environmental justice;

   6. Review proposed and final environmental justice plans, and proposed revisions thereto, and make recommendations to the interagency working group relating to such plans and proposed revisions; and

   7. Recommend agencies or offices for inclusion in the interagency working group.

    1. The advisory board shall hold public meetings, as it deems appropriate, for the purpose of (i) fact-finding, (ii) receiving public comments, (iii) discussing recommendations submitted to, or to be submitted to, the interagency working group and (iv) promoting environmental justice.

   2. The advisory board shall hold at least two such meetings in each year; provided that if the local law adding this paragraph is enacted on or after June 30 in any year, the advisory board need only hold at least one meeting in such year.

   3. During the review of a draft environmental justice plan pursuant to paragraph 2 of subdivision b of section 3-1003 or the review of revisions to a final environmental justice plan pursuant to paragraph 2 of subdivision c of such section, the advisory board shall hold at least one such meeting on such plan or revisions in each borough in which all or part of at least one environmental justice area is located.

   4. The advisory board shall provide notice to the public at least three weeks before such meetings, where practicable.

§ 3-1007 Environmental justice study and portal.

    1. By no later than December 31, 2018, and by December 31 in every fifth year thereafter, the interagency working group, with the cooperation of all relevant agencies, shall (i) conduct a study which shall identify and describe opportunities for and means of promoting environmental justice in the city, (ii) submit a report to the mayor and the speaker of the council on the findings of such study, and (iii) make a copy of such report publicly available online. Such study shall, at a minimum, evaluate and set forth the following:

      (a) The locations and boundaries of environmental justice areas;

      (b) A description of environmental justice concerns that may affect environmental justice areas and, for each such concern, (i) identify locations within the city experiencing such concern, if such locations can be reasonably determined, and (ii) propose data collection, research, or analysis that may be undertaken by a city agency to identify locations within the city experiencing the environmental justice concern;

      (c) An estimate of the current federal, state and local investment per capita in utilization of renewable energy sources in environmental justice areas as compared to an estimate of such investment per capita for all parts of the city located outside such areas;

      (d) A description of barriers to meaningful participation in environmental decision-making affecting residents of environmental justice areas;

      (e) Existing city programs and processes that advance environmental justice goals and may be used by the public to participate in city agency decision-making;

      (f) Existing city programs and processes that allow for public engagement with and participation in decisions made by city agencies regarding siting facilities and infrastructure;

      (g) Existing city programs, policies, activities and processes that may otherwise implicate environmental justice concerns;

      (h) Changes that may be made to existing city programs and policies to facilitate participation by populations in environmental justice areas in decision-making that implicates environmental justice concerns;

      (i) Available data relating to environmental factors, including but not limited to air and water quality, the location and attributes of infrastructure owned, maintained and operated by the city, and concentrations of violations of city environmental regulations, that may reflect environmental problems in environmental justice areas; and

      (j) Environmental justice programs proposed or being implemented in other municipalities or states within the United States.

   2. Before commencing such environmental justice study, the interagency working group shall present a proposed design and scope for such study to the advisory board, which shall return its recommendations or comments within 30 days. The interagency working group shall include in the final design and scope for such study such working group’s responses to all recommendations or comments submitted by such board and shall present to the advisory board and make publicly available online the final design and scope for the environmental justice study before commencing such study.

   3. Before finalizing the environmental justice study, the interagency working group shall present such study in draft form to the advisory board, which shall return its recommendations or comments within 60 days. The interagency working group shall include in the final environmental justice study responses to all recommendations or comments submitted by such board.

  1. By no later than June 30, 2019, the interagency working group, with the cooperation of all relevant agencies, shall make publicly available online an interactive map that can be used to (i) view the location and boundaries of environmental justice areas; (ii) view the location of facilities and infrastructure identified pursuant to subparagraph (c) of paragraph 1 of subdivision d of section 3-1002, except where identifying the location of such facility or infrastructure would pose a security risk; and (iii) search for such facilities and infrastructure by address, zip code, council district, community district and type of environmental concern. The interagency working group shall thereafter update such map as needed to reflect changes in such data.
  2. By no later than December 31, 2018, the office of long-term planning and sustainability, or such other office or agency as the mayor may designate, in consultation with the department of environmental protection, the department of health and mental hygiene and other relevant agencies, shall create and maintain an environmental justice portal on the city’s website that provides easy access to the following resources:

   1. Data, maps and other information from city, state and federal sources, and from other relevant sources, relating to environmental justice concerns;

   2. Any study or plan published by the city relating to environmental justice concerns;

   3. Agency programs that promote environmental justice and foster community engagement with and participation in agency decision-making that implicates environmental justice concerns; and

   4. New York state and federal programs that promote environmental justice.