Council Bill to Prevent Unnecessary Burdens on Business
Council to Protect Seniors by Creating Emergency Alert System

City Hall – At today’s Stated meeting, the Council will vote on a bill that will change the City’s rule-making process to ensure that future rules are not unduly burdensome and do not create unnecessarily high compliance costs for the affected City’s industries. The bill will also require agency outreach and analysis to the community as part of the public comment phase of rule-making. The Council will also look at another bill that will create an emergency alert to help find missing seniors with Alzheimer’s or other cognitive impairments.

HELPING BUSINESSES
The Council will vote on a bill that is intended to help improve the City’s rule-making process as well as the regulatory environment for members of regulated communities, particularly small businesses. The rule-making process will be changed in an effort to ensure that, among other things, agency rules are not unduly burdensome, agencies conduct outreach to the regulated community, if one exists, new or modified rules are clear and easy to understand, cure periods are included in rules whenever possible and appropriate, and agencies promulgating rules carefully consider ways to prevent unreasonable compliance costs.

“In order to help our City grow, we must streamline government processes and cut red tape,” said Speaker Christine C. Quinn. “This bill is another step in breaking down barriers that often stand in the way and put unnecessary burdens on our business community. We want to do everything we can to empower each industry and each business to give them the opportunity to succeed. By stripping away unnecessary processes, this bill puts them one step closer to success.”

Rules are operating principles or orders created by an agency, generally under authority granted by the legislature. These administrative rules have the force and effect of law. The bill, which comes largely from the work of the Regulatory Review Panel and also incorporates principles first proposed by Council Minority Leader James Oddo, will require the Law Department and the Mayor’s Office of Operations to review and analyze all proposed rules to avoid unnecessary burdens on business.

“Ultimately, the goal of our legislation is to help businesses who choose to locate in New York City grow, diversify, and prosper,” said Council Minority Leader James Oddo. “This bill is but one step in that direction and will lead to a friendlier regulatory process for small businesses. Even the best intentioned rules and regulations can choke the entrepreneurial spirit that this economy so desperately needs today, and this bill hopes to inject common sense into what at times is a bureaucratic nightmare for too many small businesses and New Yorkers”

In doing so, the Law Department will be required to evaluate whether any rule is in conflict with other applicable rules and contains a statement of basis and purpose that clearly explains the rule.

Then, the Mayor’s Office of Operations will be required to analyze each proposed rule by the following criteria:

• Whether such rule is understandable and written in plain language;
• How the drafting process of the rule considered ways to minimize compliance costs and avoid undue financial burdens for businesses
• Whether in changing a rule or establishing fines, if a person should be given an opportunity to correct a potential violation before an actual violation is issued by an inspector or agency.

Additionally, the City’s rule-making process would be further modified to require that agencies reach out to the regulated community or communities, if one exists, as part of their solicitation of public comments.

“One of the most significant changes that will be brought about by the passage of this legislation is the requirement that agencies proactively reach out to the regulated community as part of their solicitation of public comments,” said Council Member Gale Brewer, Chair of the Government Operations Committee. “With this requirement, we are changing the way the city makes rules by better involving those who will be most impacted. This is an important step toward a more customer service oriented approach to regulation. This, combined with the bill’s other provisions, will help us to make appropriate regulations while, at the same time, ensuring that these regulations are not unduly burdensome or costly for small business owners.”

“This Council, under Speaker Quinn’s leadership, is doing its part to protect and nurture the growth of small businesses in NYC,” said Council Member Diana Reyna, Chair of the Small Business Committee. “By requiring outreach and a review of proposed rules, Councilmember Oddo’s legislation will ensure that those who create jobs within our communities will get the chance to have their voices heard and that the regulatory burdens on them will be fair and clear.”

PROTECTING SENIORS
Today, the Council will also vote on a bill that will help families find missing seniors suffering from Alzheimer’s or other cognitive impairments by creating a “Silver Alert” Program.

Researchers have found that 60 percent of people suffering from Alzheimer’s will at some point wander off unknowingly. If they are not found within 24 hours, more than half of these individuals will turn up seriously injured or dead. That is why the Council will vote on the “Silver Alert” legislation, which is similar to the “Amber Alert,” in that it provides the public with information about missing seniors believed to be in imminent danger or harm.

The city will be responsible for communicating information pertaining to the missing person to appropriate organizations, including media organizations, senior service providers, medical facilities, and community organizations. Information will be conveyed through any appropriate means, including email notifications, text messages, telephone calls, television broadcasts, or radio broadcasts.

“When someone is caring for a loved one with Alzheimer’s or dementia, there’s nothing more frightening than the thought that they might wander and be hurt,” said Council Member Jessica Lappin, chair of the City Council Committee on Aging. “Silver Alerts will give added safety to seniors and peace of mind to caregivers. It is another step toward our goal of making New York a truly age-friendly city.”

Based on the success of similar programs in 28 states, the legislation will create a “Silver Alert” system. This program will establish a system of communication that will inform the public when a senior citizen with certain cognitive impairments is reported missing to a law enforcement agency.

EXTENDING HISTORIC GREENWICH VILLAGE
The Council will vote to approve the extension of the Greenwich Village Historic District in order to preserve the low-rise historic nature of the neighborhood. For the second time in four years, the Greenwich Village Historic District will be increasing – this time to 2,320 buildings.

“This is a crucial next step in preserving the character and nature of Greenwich Village,” said Speaker Christine C. Quinn. “As always, I’ll continue to fight to keep the Village’s historical and architectural heritage. I want to thank the Landmarks Preservation Commission and specifically Chair Robert Tierney for their work on this.”

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