James F. Gennaro - Legislative Accomplishments

Legislative Accomplishments

Councilman James F. Gennaro has the distinction of being the most progressive and effective environmental leader to ever hold public office in New York City. As Chairman of the Council’s Committee on Environmental Protection, Gennaro's legislative accomplishments have made him a national leader on environmental issues. His accomplishments include:

CLIMATE PROTECTION, SUSTAINABILITY AND AIR QUALITY

Res. No. 439-A of 2002

In October 2002, the City Council adopted Res. No. 439-A, calling upon the New York State Legislature to adopt A. 11895 or such other State legislation that would adopt California’s motor vehicle emissions standards for the control of greenhouse gases. In November 2005, the New York State Environmental Board adopted regulations for New York State that incorporate California’s standards.

Local Law 25 of 2004

In June 2004, the City Council passed Int. No. 110-A, which increased penalties for violations of the City’s idling restrictions, set up a penalty structure for multiple violations of these requirements, and required the Department of Transportation to post signs at strategic locations throughout the City to educate drivers about the idling restrictions and the maximum penalties associated with violating them.

Local Law 77 of 2003

In December 2003, the City Council passed Int. No. 191-A . That law – the first of its kind in the country and the first in a series of similar bills passed by the Council – requires that diesel fuel-powered nonroad vehicles, such as cranes, front loaders, fork lifts, etc., owned or operated by the City or used in a City public works contract use ultra low sulfur diesel (ULSD) fuel and the best available technology to reduce the emission of pollutants.

Local Law 38 of 2005

In April 2005, the City Council passed Int. No. 414-A, which requires the City to purchase the least polluting light and medium-duty motor vehicles and requires the City to increase the average fuel economy of its annual light-duty vehicle purchases, escalating to a minimum 20% increase above Fiscal Year (FY) 2005 levels by FY 2016. The law also requires, among other things, a pilot program for alternative fuel sanitation vehicles, an ongoing assessment of the feasibility of incorporating such vehicles into the City’s fleet, and that the City annually report on greenhouse gas emissions from its fleet of motor vehicles.

Local Law 39 of 2005

The City Council also passed Int. No. 415-A in April 2005, which requires the City’s thousands of diesel fuel-powered motor vehicles, such as garbage trucks, to use ULSD fuel and the best available retrofit technology to reduce the emission of pollutants.

Local Law 40 of 2005

The City Council also passed Int. No. 416-A in April 2005, which requires vehicles used in City solid waste or recyclable materials contracts to meet requirements similar to those contained in Local Law 39 of 2005, regarding the use of ULSD fuel and emissions-reduction technology.

Local Law 41 of 2005

The City Council also passed Int. No. 417-A in April 2005, which requires sight-seeing buses that are licensed by the Department of Consumer Affairs and equipped with engines over three years old to use the best available emissions-reduction technology unless their engines meet upcoming federal standards.

Local Law 42 of 2005

The City Council also passed Int. No. 428-A in April 2005, which requires diesel fuel-powered City school buses to use ULSD fuel and the best available emissions-reduction technology unless their engines meet upcoming federal standards.

Local Law 21 of 2006

In June 2006, the City Council passed Intro. No. 208-A, which amended and updated City clean vehicle purchasing requirements set forth in Local Law 39 of 2005.

New York City Climate Protection Act - Local Law 55 of 2007

In December 2007, the City Council passed Intro. No. 20-A, codifying the City's commitment to reducing greenhouse gas emissions from government and private sector operations in the amounts called for in Mayor Bloomberg's PlaNYC 2030," which are 30% reduction of Citywide emissions by 2030 compared to emissions in the base year of 2005, and a 30% reduction in emissions from City government operations by 2017 as compared to the base year of 2006. Additionally, Local Law 55 requires the City to produce an annual inventory of emissions for the entire City, establish a voluntary global warming emissions reduction program, conduct education and outreach regarding global warming emissions and to file an annual report describing initiative undertaken to meet the requirements of the law. In 2008, this legislation was amended to correct a technical error, retaining the same substance but becoming Local Law 22 of 2008.

Local Law 3 of 2008

In February 2008, the City Council passed Intro. No. 168-A, requiring the use of ultra low sulfur diesel fuel and the best available technology in the New York City Staten Island Ferry Fleet, substantially reducing the emission of pollutants by City owned and operated watercraft.

Local Law 17 of 2008

In May 2008, the City Council passed Intro. No. 395-A, which formally institutionalized the Mayor's Office of Long Term Planning and Sustainability (OLTPS). Prior to this, the OLTPS had been assembled by the Mayor and charged with leading efforts to move our city towards a more sustainable future using PlaNYC2030 as a guide, however, its existence was not codified, and therefore, the sustainability programs and policies developed under the Administration were vulnerable to being eliminated in the future. This legislation guaranteed against this, institutionalizing the OLTPS, ensuring it will exist in perpetuity with the power and authority to develop policies, programs and actions to meet the long-term needs of the City with respect to its infrastructure, environment and overall sustainability.

Local Law 61 of 2009

In October 2009, the New York City Council passed Intro. No. 622-A to protect students using City school buses from high level diesel-exhaust and pollutant exposures found to occur in older vehicles containing open crankcase tubes which allow soot and other gases to seep into their cabins. Local Law 61 addressed this problem by requiring such older buses to be retired by September 1, 2011, and newer ones to be retrofitted with ventilation systems that prevent this pollution from accumulating in school bus cabins.

Local Law 38 of 2008

In September 2008, the City Council passed Intro. No. 264-A, prohibiting commercial establishments from leaving their doors ajar while air conditioners or central cooling systems are on in order to conserve energy and mitigate power plant related pollution and heightened energy demands on local utilities during summer months, when excessive energy consumption can lead to power shortages.

Local Laws 4 and 5 of 2009

In February 2009, the City Council passed Intro. No. 40-A and Intro. No. 631-A, which became Local Laws 4 and 5, respectively, both aimed at reducing vehicular engine idling and the emission of harmful air pollutants. Local Law 4 authorized additional city agencies to enforce automotive idling restrictions, while Local Law 5 imposed stricter idling limits around both public and private school facilities by reducing the legal idling time from three minutes to one minute.

Local Law 16 of 2009

In March 2009, the City Council passed Intro. No. 684-A, requiring the use of ultra low sulfur diesel fuel in diesel-powered generators used in the production of films, television programs and advertisements, and at street fairs in the City.

WATER QUALITY AND WATERSHED PROTECTION

Comments Regarding the Draft Filtration Avoidance Determination for the Catskill/Delaware Watershed In June 2002, the City Council submitted extensive comments to the United States Environmental Protection Agency on strengthening the Agency’s 2002 Draft Filtration Avoidance Determination for the City’s Catskill/Delaware Watershed in areas such as land acquisition, the DEP’s involvement in the environmental review process for watershed projects, wetlands protection and riparian buffer zones.

Res. No. 575 of 2002

In December 2002, the City Council adopted Res. No. 575, calling upon the State Legislature to establish more effective penalties and injunctive relief for the City’s Watershed Rules & Regulations. At present, the maximum penalty is only $200 per violation and the City may only seek injunctive relief and assess a penalty after the alleged violator receives notice of a violation and fails to comply within five days.

Local Law 27 of 2003

In March 2003, the City Council passed Int. No. 123-A, which increased civil penalties for water pollution, drainage, and sewer control violations. This legislation also gave the DEP greater flexibility in determining fines for those who are polluting the City’s water supply and impairing the quality of water bodies surrounding the City.

Res. No. 652-A of 2003

In March 2003, the City Council adopted Res. No. 652-A, calling upon the New York State Department of Environmental Conservation (NYSDEC) to issue a heightened stormwater permit program for the East-of-Hudson area of the New York City Watershed. The Council subsequently submitted extensive comments on this issue to the NYSDEC in May 2003.

Comments Regarding Belleayre Resort

In April 2004, the City Council submitted comments to the NYSDEC regarding the Draft Environmental Impact Statement and Draft State Pollution Discharge Elimination System permits for the proposed Belleayre Resort at Catskill Park – the largest project ever proposed to be built within the New York City watershed.

Local Law 5 of 2008

In February 2008, the City Council passed Intro No. 630-A, requiring the City to develop and implement a sustainable stormwater management plan designed to reduce stormwater runoff and combined sewer overflows that they cause during periods of heavy rainfall or snowmelt. By mitigating combined sewage overflows the City is reducing the discharge of untreated, contaminated sewage, industrial and stormwater into surrounding waterbodies, thereby improving water quality and ecological conditions and protecting public health.

Resolution No. 1850-A of 2009

In November 2009, the City Council adopted Resolution No. 1850-A, calling for the protection of New York City’s Drinking water from dangers posed by unconventional natural gas drilling in New York State and the New York City watershed. The resolution calls on the United States Congress to pass H.R. 2776 of 2009, removing the exemption for hydraulic fracturing from the Safe Drinking Water Act; on the United States Environmental Protection Agency to reassess its 2004 study of hydraulic fracturing with respect to its risks to unfiltered drinking water systems and to apply stringent regulations to protect drinking water supplies from any risk due to hydraulic fracturing; on the New York State Department of Health to study the public health and regulatory risks of hydraulic fracturing to the New York City water supply system and to propose any necessary actions to protect public health; on the New York State Department of Environmental Conservation, the New York State Legislature, and New York State Governor David Paterson to prohibit drilling for natural gas within the boundaries of the watershed.

WETLANDS AND NATURAL RESOURCES PROTECTION

Local Law 71 of 2005

In June 2005, the City Council passed Int. No. 565-A, which requires the DEP to create a watershed protection plan for Jamaica Bay and sets forth measures the DEP must assess for inclusion in the plan. Such measures include best management practices for the minimization of soil erosion and stormwater runoff; a protocol to coordinate with other agencies that have jurisdiction over the area; a public education program; and acquisition and land use planning.

Local Law 83 of 2005

In August 2005, the City Council passed Int. No. 566-A, which established a task force to determine the feasibility of transferring City-owned wetlands to the Department of Parks and Recreation.

Local Law 36 of 2006

In August 2006, the City Council passed Intro. No. 376-A, ensuring that the Department of Environmental Protection would have sufficient time to develop a comprehensive watershed protection plan, pursuant to Local Law 71 of 2005, including effective measures to protect the marshland and overall health of Jamaica Bay.

Local Law 37 of 2006 and Local Law 13 of 2007

In August 2006 and March 2007, the City Council passed Intro. No. 409 and Intro. No. 505, extending the work of the temporary Wetlands Task Force created by Local Law 83 of 2005. This extension enabled the Task Force to complete its inventory of City-owned wetlands and to ascertain the feasibility of transferring these properties to Department of Parks and Recreation in the interest of protecting their environmental, economic and other benefits to New York City.

Local Law 31 of 2009

In May 2009, the City Council passed Intro. No. 506-A, which requires the City to identify remaining wetlands using a satellite or aerial survey, and to develop a Comprehensive Wetlands Protection Strategy (CWPS) to avoid and minimize loss of these valuable areas. The goals of the CWPS are to conserve, protect, enhance, stabilize, restore and expand City wetlands; to achieve no net loss of wetlands in the city; and to standardize and improve the City's approach regarding wetlands management. The CWSP is also required to consider current protections, as well as the value of wetlands to the City in terms of economics, ecological functions and aesthetics.

Local Law 21 of 2009

In March 2009, the City Council passed Intro. No. 919-A, requiring coordination between the City's Department of Buildings, the State's Department of Environmental Conservation and other agencies before the approval of construction documents for development in coastal zones, to ensure that requisite environmental review takes place and protect against the loss wetlands.

NOISE CONTROL

Local Law 43 of 2004 In July 2004, the City Council passed Int. No. 81-A, which bans the sale and installation of after-market audible car alarms that are illegal to use in New York City. Current law prohibits the operation of audible car alarms that are activated by something other than by direct physical contact or a remote activation device and alarms that sound for longer than three minutes.

Local Law 113 of 2005 In December 2005, the City Council passed Int. No. 397-A, which updated and amended the City’s comprehensive Noise Control Code.

HAZARDOUS SUBSTANCES AND SAFETY

Intro. No. 109-B of 2002

In March 2003, the City Council passed Int. No. 109-B, which required City agencies to purchase re-refined motor oil for use in City vehicles. The Mayor subsequently vetoed the legislation, but then issued an Executive Order, which the Council negotiated with the Mayor to incorporate the elements of the bill.

Local Laws 76 and 82 of 2003

In December 2003, the City Council passed Int. Nos. 122-A and 575-A, which, respectively, expands the information that the DEP must include in its annual report concerning the City’s Community Right-to-Know law and increases penalties for violating that law.

Local Law 35 of 2009

In June 2009, the City Council passed Intro. No. 1001-A, which prohibits smoking at asbestos abatement sites, and further prohibits any person from bringing tobacco, matches and lighters onto an asbestos abatement site. This legislation enhances and extends existing smoking prohibitions and allows for greater enforcement and protection in the hope of preventing fires such as the one at the former Deutsche Bank Building in August 2007.

Local Law 37 of 2009

In June 2009, the City Council passed Intro. No. 1003, which established a three-point asbestos abatement protection program that: 1) requires permits for certain abatement jobs that pose the highest safety risk; 2) mandates the use of non-combustible fire-resistant materials for certain containment structures during the abatement process; and 3) authorizes DEP inspectors to enforce provisions of the Fire and Building Code at abatement sites, thereby adding to the safety of these projects for those in the building, the community and those required to respond in the event of an emergency.

Local Law 38 of 2009

In June 2009, the City Council passed Intro. No. 1005, which requires the Department of Environmental Protection Commissioner, in consultation with the Fire Commissioner and the Commissioner of buildings, to promulgate rules which give further guidance to contractors on how to maintain egress at asbestos projects in order to avoid tragedies such as the fire in the former Deutsche Bank Building in 2007.

Local Law 77 of 2009

In December 2009, the City Council passed Intro. No. 998, which prohibits simultaneous demolition and asbestos abatement activities in a building unless the Department of Environmental Protection has made a site-specific determination, in consultation with the Department of Buildings and the Fire Department, that both demolition and abatement can be done safely. Demolition activities generally increase the risk of fire and asbestos containment structures can impede access to areas of the building when this work is done simultaneously.

Local Law 76 of 2009

In December 2009, the City Council passed Intro. No. 935-A, which requires building owners whose plumbing systems are at risk of contaminated-water backflow into public or private water mains to correct any such malfunctions and provide documentation to the Department of Environmental Protection (DEP) that a prevention device has been installed or replaced. Additionally, this legislation would require licensed professionals to certify and submit plans to DEP that black flow prevention devices are incompliance with agency standards; DEP to notify owners of buildings requiring backflow prevention devices; DEP to submit reports to the Council detailing the number of hazardous facilities and facilities which required backflow prevention devices to be installed.

BROWNFIELDS

Res. No. 795-A of 2005

In March 2005, the City Council adopted Res. No. 795-A, calling upon the Governor and State Legislature to execute the Memorandum of Understanding required for the implementation of the 2003 State Brownfield Cleanup Program and distribution of funding through the Brownfield Opportunity Areas (BOA) program.

New York City Brownfield and Community Revitalization Act - Local Law 27 of 2009

In May 2009, the City Council passed Intro. No. 21-A, referred to as the New York City Brownfield and Community Revitalization Act (NYCBCRA), to develop a comprehensive program for the remediation and reuse of abandoned or underutilized industrial and commercial sites across the City. The NYCBCRA established the Office of Environmental Remediation (OER), giving it the authority to develop financial and other incentive programs to advance the redevelopment of the brownfield sites in support of the City's economic development.

ENERGY USE AND EFFICIENCY

Comments on Renewable Portfolio Standard

In September 2003, the City Council submitted comments to the New York State Public Service Commission on the development and implementation of a Renewable Portfolio Standard for electricity sold in New York State, which addressed the types of energy resources that should be considered “renewable” and the installation of such resources within and availability of such resources to high load areas, such as New York City.

Local Law 1 of 2007

In January 2007, the City Council passed Intro. No. 18-A, requiring the City to regularly assess all of its facilities with 500 kilowatts or greater peak demand to determine whether cogeneration and natural -gas based distributed generation projects are suitable at such facilities to achieve greater energy efficiency, which addresses major issues facing the City including meeting increasing energy demand, protecting public health and diminishing the environmental impacts associated with the emission of pollutants from power plants.

Greener, Greater Buildings Plan

On Earth Day 2009, the City Council and Mayor introduced the revolutionary Greener, Greater Buildings Plan to increase energy-efficiency in existing buildings. These buildings account for approximately 80 percent of New York City’s carbon emissions, with annual energy costs estimated at $15 billion. Towards achieving the City’s goal to reduce greenhouse gas emissions 30% by 2030, which was set forth in PlaNYC and codified in Local Law 55 of 2007 (later amended to Local Law 22 of 2008), the Greener, Greater Buildings Plan included four legislative components dealing with energy audits and retro-commissioning, lighting upgrades, benchmarking energy and water efficiency of buildings, and the City’s energy code. Collectively, over the coming years these bills are expected to reduce the City’s carbon footprint by roughly 4.75 percent, save New Yorker’s hundreds of millions of dollars per year in energy costs, and to create nearly 18,000 “green” jobs across all five boroughs.

Local Law 84 of 2009

In December 2009, the City Council passed Intro. No. 476-A, which requires City to annually benchmark the energy and water use of all City-owned or leased buildings over 10,000 square feet (930 m2) in size. The legislation also requires owners of any building over 50,000 square feet (4,600 m2) in size, or two or more buildings on the same tax lot that together exceed 100,000 gross square feet, to annually benchmark the energy and water use of their buildings. The results of this benchmarking will be made public by the Department of Finance, after which the owners and operators of these buildings can see how well they function compared to similar ones. This benchmarking tool will also enable prospective buyers and renters to use the Department of Finance’s databases to understand the value of real estate and the relative efficiencies of various buildings. This type of analysis and transparency supports building owners who maintain efficient buildings and work with tenants to manage energy consumption.

Local Law 85 of 2009

In December 2009, the City Council passed Intro. No. 564-A, which creates the New York City Energy Conservation Code (NYCECC), enabling the City to update and enforce a more stringent energy code than the State does. The NYCECC will apply to all building renovations, closing a loophole in the State Energy Conservation Construction Code that exempts renovations of 50% or less of the building system or subsystem from compliance with the energy code. By capturing renovations that would not otherwise be required to comply with the State Energy Code, the enactment of this legislation is expected to reduce the City’s carbon emissions by 1 to 1.5 percent over the next 20 years, making a significant contribution to New York City’s mandated reduction of 30% of carbon emissions by 2030.

Local Law 87 of 2009

In December 2009, the City Council passed Intro. No. 967-A, which requires owners of a building of 50,000 square feet (4,600 m2) or more, or two or more buildings on the same tax lot that together exceed 100,000 gross square feet, to conduct energy-audits once every 10 years to identify: 1) all reasonable measures, including capital improvements, that would, if implemented, reduce energy use and/or the cost of operating the building; 2) for each measure, the associated annual energy savings, the cost to implement, and the simple payback period; 3) the building’s benchmarking output; 4) a break-down for initial usage and predicted energy savings by system after implementation of proposed measures; and 5) a general assessment of how the major energy consuming equipment and systems used in tenant spaces affect the energy consumption of the base building systems. Further, this legislation requires building owners to invest in energy conservation measures, or recommissioning, that improve maintenance and operations of existing systems and yield a simple payback in energy and financial savings of seven years or less.

Local Law 88 of 2009

In December 2009, the City Council passed Intro. No. 973, which requires owners of commercial buildings over 50,000 square feet (4,600 m2) in size, or two or more buildings on the same tax lot that together exceed 100,000 gross square feet, to upgrade their lighting systems in accordance with the New York City Energy Code standards by the year 2025. In recent years, improvements to the efficiency of lighting systems make the cost of such upgrades low relative to the savings they provide in the form of energy savings reduced. Additionally, this legislation requires building to install sub-meters for commercial tenant spaces of 10,000 square feet (930 m2) or greater. This provides the tenants with accurate information about their It is controlled by tenants rather than building owners, it is important for tenants to have accurate information about their energy use, and to have an incentive to lower their energy use. When tenants pay their own electricity bills, they have an incentive to conserve energy, but many buildings do not install sub-meters that measure tenant electricity use separately from the rest of the building. Proposed Int. No. 973-A would require that the