New York City Council Header
File #: Int 1878-2020    Version: Name: City administrative procedure act.
Type: Introduction Status: Enacted
Committee: Committee on Governmental Operations
On agenda: 2/11/2020
Enactment date: 10/17/2020 Law number: 2020/104
Title: A Local Law to amend the New York city charter, in relation to the city administrative procedure act
Sponsors: Keith Powers , Ben Kallos, Daniel Dromm
Council Member Sponsors: 3
Summary: This bill would amend the City Administrative Procedure Act to grant New York City agencies, as a default, express authority to promulgate rules before a local law’s effective date. The Council would retain the power to prohibit or require pre-effective date rulemaking.
Attachments: 1. Summary of Int. No. 1878-A, 2. Summary of Int. No. 1878, 3. Int. No. 1878, 4. February 11, 2020 - Stated Meeting Agenda with Links to Files, 5. Hearing Transcript - Stated Meeting 2-11-20, 6. Minutes of the Stated Meeting - February 11, 2020, 7. Committee Report 2/12/20, 8. Hearing Testimony 2/12/20, 9. Hearing Transcript 2/12/20, 10. Proposed Int. No. 1878-A - 8/19/20, 11. Committee Report 9/16/20, 12. Hearing Transcript 9/16/20, 13. Committee Report - Stated Meeting, 14. September 16, 2020 - Stated Meeting Agenda with Links to Files, 15. Hearing Transcript - Stated Meeting 9-16-20, 16. Minutes of the Stated Meeting - September 16, 2020, 17. Int. No. 1878-A (FINAL), 18. Fiscal Impact Statement, 19. Legislative Documents - Letter to the Mayor, 20. Local Law 104
Date Ver.Prime SponsorAction ByActionResultAction DetailsMeeting DetailsMultimedia
10/17/2020AKeith Powers Administration City Charter Rule Adopted  Action details Meeting details Not available
10/16/2020AKeith Powers City Council Returned Unsigned by Mayor  Action details Meeting details Not available
9/16/2020AKeith Powers City Council Sent to Mayor by Council  Action details Meeting details Not available
9/16/2020AKeith Powers City Council Approved by CouncilPass Action details Meeting details Not available
9/16/2020*Keith Powers Committee on Governmental Operations Hearing Held by Committee  Action details Meeting details Not available
9/16/2020*Keith Powers Committee on Governmental Operations Amendment Proposed by Comm  Action details Meeting details Not available
9/16/2020*Keith Powers Committee on Governmental Operations Amended by Committee  Action details Meeting details Not available
9/16/2020AKeith Powers Committee on Governmental Operations Approved by CommitteePass Action details Meeting details Not available
2/12/2020*Keith Powers Committee on Governmental Operations Hearing Held by Committee  Action details Meeting details Not available
2/12/2020*Keith Powers Committee on Governmental Operations Laid Over by Committee  Action details Meeting details Not available
2/11/2020*Keith Powers City Council Referred to Comm by Council  Action details Meeting details Not available
2/11/2020*Keith Powers City Council Introduced by Council  Action details Meeting details Not available

Int. No. 1878-A

By Council Members Powers, Kallos and Dromm

A Local Law to amend the New York city charter, in relation to the city administrative procedure act

 

Be it enacted by the Council as follows:

Section 1. Subdivision a of section 1043 of the New York city charter, as amended by local law number 42 for the year 1989, is amended to read as follows:

a. Authority. 1. Each agency is empowered to adopt rules necessary to carry out the powers and duties delegated to it by or pursuant to federal, state or local law. No agency shall adopt a rule except pursuant to this section. Each such rule shall be simply written, using ordinary language where possible.

2. Subject to paragraph 1 of subdivision f, each agency may adopt rules necessary to carry out the power and duties delegated to it by a local law that has not yet gone into effect, except as otherwise provided by law.

§ 2. Paragraph 1 of subdivision f of section 1043 of the New York city charter, as amended by local law number 42 for the year 1989, subdivision f as relettered by local law number 46 for the year 2010, is amended to read as follows:

1. No rule shall be effective until

(a) the rule is filed by the agency with the corporation counsel for publication in the Compilation,

(b) the rule and a statement of basis and purpose is transmitted to the council for its information,

(c) in the case of a rule adopted pursuant to one or more provisions of a local law, the effective date of the section or sections of the local law that added such provision or provisions, and

[(c)] (d) the rule and a statement of basis and purpose have been published in the City Record and thirty days have elapsed after such publication. The requirement that thirty days shall first elapse after such publication shall not apply where a finding that a substantial need for the earlier implementation of a program or policy has been made by the agency in writing and has been approved by the mayor prior to the effective date of the rule and such finding and approval is contained in the notice.

                     § 3. This local law takes effect immediately.

 

 

 

 

 

LS #3343

GZ/JJD/dfc/cjm

08/13/2020