File #: Int 1194-2023    Version: Name: Compensation awarded by the environmental control board to complainants for citizen noise complaints and to the maximum penalty authorized for violations of subdivision (b) of section 24-244 of such code for certain proceedings.
Type: Introduction Status: Enacted
Committee: Committee on Environmental Protection, Resiliency and Waterfronts
On agenda: 9/28/2023
Enactment date: 1/6/2024 Law number: 2024/016
Title: A local law to amend the administrative code of the city of New York, in relation to compensation awarded by the environmental control board to complainants for citizen noise complaints and to the maximum penalty authorized for violations of subdivision (b) of section 24-244 of such code for certain proceedings
Sponsors: James F. Gennaro, Carlina Rivera , Shahana K. Hanif
Council Member Sponsors: 3
Summary: This bill would cap the compensation citizen complainants can receive when their complaint prompts proceedings under subdivision (b) of section 24-244 of the noise code. Compensation for proceedings brought by the Department of Environmental Protection would be capped at $5, and compensation for proceedings brought by a complainant would be capped at $10. For citizen complaint proceedings commenced prior to the effective date of the bill for which a resolution has not yet been reached prior to such date, the maximum penalty for a violation of subdivision (b) of section 24-244 would be capped at $50.
Attachments: 1. Summary of Int. No. 1194-A, 2. Summary of Int. No. 1194, 3. Int. No. 1194, 4. September 28, 2023 - Stated Meeting Agenda, 5. Hearing Transcript - Stated Meeting 9-28-23, 6. Minutes of the Stated Meeting - September 28, 2023, 7. Committee Report 10/16/23, 8. Hearing Testimony 10/16/23, 9. Hearing Transcript 10/16/23, 10. Proposed Int. No. 1194-A - 11/30/23, 11. Committee Report 12/6/23, 12. Hearing Transcript 12/6/23, 13. December 6, 2023 - Stated Meeting Agenda, 14. Hearing Transcript - Stated Meeting 12-6-23, 15. Int. No. 1194-A (FINAL), 16. Fiscal Impact Statement, 17. Legislative Documents - Letter to the Mayor, 18. Local Law 16
Date Ver.Prime SponsorAction ByActionResultAction DetailsMeeting DetailsMultimedia
1/6/2024AJames F. Gennaro Administration City Charter Rule Adopted  Action details Meeting details Not available
1/5/2024AJames F. Gennaro City Council Returned Unsigned by Mayor  Action details Meeting details Not available
12/6/2023AJames F. Gennaro City Council Sent to Mayor by Council  Action details Meeting details Not available
12/6/2023AJames F. Gennaro City Council Approved by CouncilPass Action details Meeting details Not available
12/6/2023*James F. Gennaro Committee on Environmental Protection, Resiliency and Waterfronts Hearing Held by Committee  Action details Meeting details Not available
12/6/2023*James F. Gennaro Committee on Environmental Protection, Resiliency and Waterfronts Amendment Proposed by Comm  Action details Meeting details Not available
12/6/2023*James F. Gennaro Committee on Environmental Protection, Resiliency and Waterfronts Amended by Committee  Action details Meeting details Not available
12/6/2023AJames F. Gennaro Committee on Environmental Protection, Resiliency and Waterfronts Approved by CommitteePass Action details Meeting details Not available
10/16/2023*James F. Gennaro Committee on Environmental Protection, Resiliency and Waterfronts Hearing Held by Committee  Action details Meeting details Not available
10/16/2023*James F. Gennaro Committee on Environmental Protection, Resiliency and Waterfronts Laid Over by Committee  Action details Meeting details Not available
9/28/2023*James F. Gennaro City Council Referred to Comm by Council  Action details Meeting details Not available
9/28/2023*James F. Gennaro City Council Introduced by Council  Action details Meeting details Not available

Int. No. 1194-A

 

By Council Members Gennaro, Rivera and Hanif

 

A local law to amend the administrative code of the city of New York, in relation to compensation awarded by the environmental control board to complainants for citizen noise complaints and to the maximum penalty authorized for violations of subdivision (b) of section 24-244 of such code for certain proceedings

 

Be it enacted by the Council as follows:

 

Section 1. Subdivisions (d) and (e) of section 24-261 of the administrative code of the city of New York are amended to read as follows:

 (d) In any proceeding brought by the department after receiving a complaint pursuant to subdivision (a) of this section, the board shall award the complainant, out of the proceeds collected, fair and reasonable compensation, which shall not exceed [twenty-five] 25 percent of the proceeds collected, for disclosure of information or evidence not in the possession of the department, which leads to the imposition of the civil penalty; provided that for any proceeding brought by the department after receiving a complaint pursuant to subdivision (a) of this section alleging a violation of subdivision (b) of section 24-244, the board shall award the complainant, out of the proceeds collected, compensation in the amount of $5.

(e) In any proceeding brought by a complainant, the board shall award, out of the proceeds collected, [fifty] 50 percent of any civil penalty as fair and reasonable compensation to such person; provided that for any proceeding brought by a complainant alleging a violation of subdivision (b) of section 24-244, the board shall award, out of the proceeds collected, compensation in the amount of $10 to such person.

§ 2. Notwithstanding the amount of the civil penalties described in table 1 of paragraph 5 of subdivision (b) of section 24-257 of the administrative code of the city of New York, the maximum amount of a civil penalty authorized to be imposed for a violation of subdivision (b) of section 24-244, in any proceeding commenced prior to the effective date of this local law pursuant to section 24-261 of such code for which a final decision and order has not been rendered prior to such date, shall be $50. § 3. This local law takes effect immediately.

 

 

CCM

LS #13915

11/28/2023 8:46 PM