US Laws, Codes, Statutes & Cases

 
    §  1301.  Powers  and  duties of the commissioner. Except as otherwise
  provided by law, the commissioner shall have charge and control  of  and
  be  responsible for all functions and operations of the city relating to
  business  and  economic  development,  the   enhancement   of   economic
  development  and  financial  opportunity  for  minority  and women owned
  business enterprises, and ensuring equal employment opportunity by  city
  contractors.   Such   powers   and   functions  shall  include,  without
  limitation, the following:
    1. With respect to business and  economic  development  generally  the
  commissioner shall have the power and duty:
    a. to establish business, industrial and commercial policies, programs
  and  projects  which  affect  the  business,  industrial,  commercial or
  economic well-being, development, growth and expansion of  the  economic
  life of the city;
    b.   to   serve  as  liaison  for  the  city  with  local  development
  corporations, other not-for-profit corporations and all  other  entities
  involved in economic development within the city. In furtherance of this
  function,  the  department  shall  include  in any contract with a local
  development corporation under which such local  development  corporation
  is  engaged  in providing or administering economic development benefits
  on behalf of the city  and  expending  city  capital  appropriations  in
  connection   therewith,   a  requirement  that  such  local  development
  corporation submit to the mayor, the council, the city comptroller,  the
  public advocate and the borough presidents by January 31 of each year, a
  report  for  the prior year in the form prescribed hereunder with regard
  to projected and actual jobs created and retained in connection with any
  project undertaken by such local development corporation for the purpose
  of the creation or retention  of  jobs,  whether  or  not  such  project
  involves   the   expenditure  of  city  capital  appropriations,  if  in
  connection with  such  project  assistance  to  a  business  entity  was
  provided  by  such  local development corporation in the form of a loan,
  grant or tax benefit in excess of one hundred fifty thousand dollars, or
  a sale or lease of land where the project  is  estimated  to  retain  or
  create  not  less  than twenty-five jobs. With regard to any project for
  which the project agreement and any other documents applicable  to  such
  project have been executed on or after July 1, 2005, the report shall be
  for the period commencing on the date that the project agreement and any
  other  documents  applicable  to such project have been executed through
  the final year that such entity receives assistance  for  such  project,
  except  that, as to projects consisting of a lease or sale of city-owned
  land, the report shall commence from the date of the lease or conveyance
  of title by the city and shall continue for seven years or  such  longer
  period  as  is  deemed  appropriate  by  the department. For projects in
  existence prior to July 1, 2005, the report shall be made with regard to
  each such project for the first seven  years  from  the  date  when  any
  project  agreement  or  other  document  applicable  to  the  project is
  executed by  the  entity  receiving  such  assistance  with  such  local
  development  corporation  and  the report shall contain, for the current
  reporting year, the following information with respect thereto: (i)  the
  project's  name;  (ii)  its location; (iii) the time span over which the
  project is to receive  any  such  assistance;  (iv)  the  type  of  such
  assistance  provided,  including  the  name  of  the program or programs
  through which assistance is provided; (v) for projects  that  involve  a
  maximum  amount  of  assistance,  a  statement  of the maximum amount of
  assistance available to those projects over the duration of the  project
  agreement, and for those projects that do not have a maximum amount, the
  current  estimated amount of assistance over the duration of the project
  agreement, the amount of tax exempt  bonds  issued  during  the  current

  reporting  year  and the range of potential cost of those bonds; project
  assistance to be reported shall include, but shall not  be  limited  to,
  PILOT savings, which shall be defined for the purposes of this paragraph
  as  the  difference between the PILOT payments made and the property tax
  that would have been paid in the  absence  of  a  PILOT  agreement,  the
  amount   of   mortgage  recording  fees  waived,  related  property  tax
  abatements, sales tax abatements, the dollar value  of  energy  benefits
  and  an  estimated  range  of  costs  to the city of foregone income tax
  revenues due to the issuance of tax exempt bonds; (vi) the total  number
  of  employees  at  all  sites  covered by the project at the time of the
  project agreement including the number of permanent full-time jobs,  the
  number of permanent part-time jobs, the number of full-time equivalents,
  and  the  number  of  contract employees where contract employees may be
  included for the purpose of determining compliance with job creation  or
  retention  requirements;  (vii)  the  number  of  jobs  that  the entity
  receiving benefits is contractually obligated to retain and create  over
  the  life of the project, except that such information shall be reported
  on  an  annual  basis  for  project  agreements  containing  annual  job
  retention  or  creation  requirements, and, for each reporting year, the
  base employment level the entity receiving  benefits  agrees  to  retain
  over  the  life  of the project agreement, any job creation scheduled to
  take place as a result of the project, and  where  applicable,  any  job
  creation  targets  for  the current reporting year; (viii) the estimated
  amount,  for  that  year  and  cumulatively  to  date,  of  retained  or
  additional tax revenue derived from the project, excluding real property
  tax  revenue  other than revenue generated by property tax improvements;
  (ix) the amount of assistance received during the year  covered  by  the
  report,  the  amount  of  assistance received since the beginning of the
  project period, and the present value of the future assistance estimated
  to be given for the duration of the project period; (x) for the  current
  reporting  year,  the  total  actual  number  of  employees at all sites
  covered by the project, including  the  number  of  permanent  full-time
  jobs,  the  number  of  permanent part-time jobs, the number of contract
  jobs, and, for entities receiving benefits that employ two hundred fifty
  or more persons, the percentage of total employees within  the  "exempt"
  and  "non-exempt"  categories,  respectively, as those terms are defined
  under the United States fair labor  standards  act,  and  for  employees
  within the "non-exempt" category, the percentage of employees earning up
  to  twenty-five  thousand  dollars per year, the percentage of employees
  earning more than twenty-five thousand per  year  up  to  forty-thousand
  dollars per year and the percentage of employees earning more than forty
  thousand  dollars  per  year up to fifty thousand dollars per year; (xi)
  whether the employer offers health benefits to all  full-time  employees
  and  to  all  part-time employees; (xii) for the current reporting year,
  with respect to the entity or entities receiving  assistance  and  their
  affiliates,  the number and percentage of employees at all sites covered
  by the project agreement who reside in the city of  New  York.  For  the
  purposes  of  this  subparagraph,  "affiliate" shall mean (i) a business
  entity in which more than fifty percent is owned by, or is subject to  a
  power  or  right  of  control of, or is managed by, an entity which is a
  party to an active project agreement, or (ii)  a  business  entity  that
  owns  more  than  fifty  percent of an entity that is party to an active
  project agreement or that exercises a power or right of control of  such
  entity; (xiii) a projection of the retained or additional tax revenue to
  be  derived  from  the  project for the remainder of the project period;
  (xiv) a list of all commercial expansion  program  benefits,  industrial
  and  commercial  incentive program benefits received through the project
  agreement and relocation  and  employment  assistance  program  benefits

  received and the estimated total value of each for the current reporting
  year;  (xv)  a  statement  of  compliance indicating whether, during the
  current reporting year, the local development corporation  has  reduced,
  cancelled  or recaptured benefits for any company, and, if so, the total
  amount of the reduction, cancellation  or  recapture,  and  any  penalty
  assessed  and  the  reasons  therefore;  (xvi) for business entities for
  which  project  assistance  was  provided  by  such  local   development
  corporation  in  the form of a loan, grant or tax benefit of one hundred
  fifty thousand dollars or less, or a sale or lease  of  city-owned  land
  where the project is estimated to retain or create less than twenty-five
  jobs,  the data should be included in such report in the aggregate using
  the format required for all other loans, grants  or  tax  benefits;  and
  (xvii)  an  indication of the sources of all data relating to numbers of
  jobs.
    The report shall be submitted by the statutory due date and shall bear
  the actual date that the report was submitted. Such report shall include
  a statement explaining any delay in its submission  past  the  statutory
  due  date.  Upon its submission, the report shall simultaneously be made
  available in electronic form on the website  on  the  local  development
  corporation  or, if no such website is maintained, on the website of the
  city of New York. Reports with regard to projects for  which  assistance
  was  rendered  prior to July 1, 2005, need only contain such information
  required by this subdivision as is available to  the  local  development
  corporation,  can  be reasonably derived from available sources, and can
  be reasonably obtained from the business entity to which assistance  was
  provided.
    b-1.  By March 1, 2007, and by March 1 every two years thereafter, the
  local development corporation, in consultation with the speaker  of  the
  city  council  and  other  persons selected jointly by the mayor and the
  speaker of the city council, who have extensive experience and knowledge
  in the fields of finance, economics, and public policy  analysis,  shall
  evaluate the methodology employed for making the determinations required
  for  this report and generate recommendations, where appropriate, on the
  methodology by which projects receiving economic  development  subsidies
  are evaluated. The department shall present to the major and the speaker
  no  later  than  October  1  of  every  year in which such evaluation is
  required, a report containing such recommendations as are presented as a
  result of this review.
    c. to study, organize, promote, coordinate and  carry  out  within  or
  without   the  city,  activities,  projects  and  programs  designed  to
  encourage, stimulate and foster the well-being, development, growth  and
  expansion  of  business,  industry  and  commerce  in  the city, and the
  enhancement and protection of the economic life of the city;
    d. to assist, encourage  and  promote  broadened  employee  ownership,
  particularly  through  the  use  of  employee  stock ownership plans and
  producer cooperatives,  by  conducting  research,  outreach  and  public
  informational  programs  pertaining  to  employee ownership and employee
  stock ownership plans; by providing  technical  assistance  to  employee
  groups  exploring  an  employee  buyout,  where  such an action might be
  instrumental in retaining a business within the city of New York; and by
  ensuring that firms applying for financial assistance  from  any  entity
  involved  with  economic  development  in  the city of New York shall be
  correctly advised as to the potential advantages of forming an  employee
  stock ownership plan;
    e.  to  serve  as a clearinghouse in connection with efforts to devise
  solutions for problems affecting business, industry and commerce in  the
  city;

    f.  to  promote and encourage the expansion and development of markets
  for city products;
    g.  to  promote  and  encourage  the  location  and development of new
  business and industry in the  city,  as  well  as  the  maintenance  and
  expansion  of  existing  business  and industry, and for this purpose to
  cooperate  with  public  and   private   agencies,   organizations   and
  individuals;
    h.  to  promote,  coordinate  and  implement  activities, projects and
  programs designed to  attract  foreign  direct  investment  and  promote
  overseas  sales  by  firms  in  the  city  and  to  otherwise encourage,
  stimulate and foster the well-being, development, growth, and  expansion
  of international business, commerce, and trade in the city;
    i.  to  administer  and promote the development of foreign trade zones
  within the city;
    j. to study conditions affecting business, industry  and  commerce  in
  the  city,  and  to  collect and disseminate such information, make such
  studies and carry on such educational activities as may be necessary  or
  useful  in  relation  to  the  promotion  and  development  of business,
  industry and commerce in the city;
    k. to maintain a business  information  service  in  order  to  assist
  business  and  industry  in  the  city,  and  to  encourage business and
  industry outside of the city to patronize the  business  and  industrial
  establishments of the city;
    l. to make, from time to time, recommendations to the mayor concerning
  steps deemed advisable for the promotion and advancement of business and
  industrial  prosperity  in the city and the elimination of restrictions,
  burdens and handicapping factors having an adverse effect  on  business,
  industry and commerce in the city;
    m.  to  publicize the economic advantages and other factors which make
  the city a desirable location for business and industry;
    n. to collect information and compile and  distribute  literature  and
  publicity   material   dealing   with  the  facilities,  advantages  and
  attractions of the city and the historic and scenic points and places of
  interest therein;
    o. to plan and conduct publicity and information programs designed  to
  attract  tourists, vacationers, visitors and other interested persons to
  the city, and to encourage, coordinate and cooperate with the efforts of
  public and private agencies, organizations and groups to  publicize  the
  advantages and attractions of the city for such purposes;
    p.  to  encourage and cooperate with the efforts of public and private
  agencies,  organizations  and  groups  in  publicizing   the   business,
  industrial and commercial advantages of the city;
    q.  to cooperate with and assist any corporation, organization, agency
  or instrumentality, whether public or  private,  the  objects  of  which
  include,  or  which  is  authorized  to  act for, the advancement of the
  business and industrial prosperity and economic welfare of the city,  or
  the  furnishing  of  assistance  in  the  location  of  new business and
  industry  therein,  or  the  rehabilitation  or  expansion  of  existing
  business  and  industry therein, or the creation of job opportunities or
  additional employment therein, so as to provide support for any  action,
  efforts or activities for the accomplishment of any such purposes in the
  city  on  the  part  of  any  such  corporation, organization, agency or
  instrumentality; and
    r. to issue permits for the taking of motion  pictures,  and  for  the
  taking of photographs and for the use or operation of television cameras
  and/or  any  other  transmitting  television  equipment in or about city
  property, or in or about any street, park, marginal street, pier, wharf,
  dock, bridge or tunnel within the jurisdiction of any city department or

  agency or involving the use of any city owned or  maintained  facilities
  or equipment.
    2.  The  commissioner  shall  have  the power and duty to exercise the
  functions of  the  city  relating  to  the  development,  redevelopment,
  construction,   reconstruction,   operation,   maintenance,  management,
  administration and regulation of public markets, wharf  property,  water
  front  property  and  airports  within  the  city of New York including,
  without limitation, the following:
    a. to have exclusive charge and control of the public markets  of  the
  city,  to  fix  fees for services, licenses and privileges in connection
  therewith, to rent space therein and to enter into leases therefor,  and
  to  regulate  all  facilities  in  use  as public markets for the public
  health, safety and welfare;
    b. to have exclusive charge and control  of  the  wharf  property  and
  water  front  owned  by  the  city  and  of  the  building,  rebuilding,
  repairing, altering, maintaining, strengthening,  protecting,  cleaning,
  dredging, and deepening of such wharf property and water front property;
  provided,  that  the  commissioner  may,  subject to the approval of the
  mayor, designate parcels of wharf property and water front  property  to
  be  managed  pursuant to this paragraph and leased or permitted pursuant
  to paragraphs g and  h  of  this  subdivision  by  the  commissioner  of
  citywide  administrative services. Any such designation shall be made in
  writing and may be withdrawn by the commissioner subject to the approval
  of the mayor;
    c. to have the exclusive power  to  enforce  with  respect  to  public
  markets, water front property and any structures on water front property
  under  its  jurisdiction,  the  labor law and such other laws, rules and
  regulations as may govern the dredging, filling, removal,  construction,
  alteration,  maintenance,  use,  occupancy, safety, sanitary conditions,
  mechanical equipment and inspection of structures in the city,  and  the
  issuance of permits and certificates of completion in reference thereto,
  and  to  establish and amend fees to be charged for the issuance of such
  permits or certificates of completion, which fees shall  be  established
  by the rules of the commissioner;
    d.  to  have  exclusive power to regulate water front property and the
  following structures on any water front property: wharves, piers, docks,
  bulkheads,  structures  wholly  or  partly  therein,  and   such   other
  structures  used  in  conjunction with and in furtherance of water front
  commerce and/or navigation;
    e. to have exclusive power to regulate the use of marginal streets  so
  that  they  may  be  used to the best advantage in connection with wharf
  property and to regulate by license or otherwise the transfer  of  goods
  and merchandise upon, over or under all such marginal streets;
    f.  to  lease,  subject  to  the  approval  of  the council, any wharf
  property belonging to the city primarily for  purposes  of  water  front
  commerce  or  in  furtherance  of navigation. Such leases may be sold at
  public auction duly advertised in the City Record for at least ten  days
  prior  thereto,  and  if  not  so  sold  the  terms of any lease must be
  approved by the council by a three-fourths vote after a public  hearing,
  notice  of  which shall be published in the City Record for the six days
  of publication of the City Record immediately prior  thereto.  All  such
  leases  shall be for such terms and shall contain such conditions as may
  be provided by law.  The council shall act within forty-five days of the
  filing of the proposed terms and conditions of any such lease  with  the
  council.    Failure  of  the  council  to  act  on  a  lease within such
  forty-five day period shall be deemed an approval  of  such  lease.  All
  votes  of the council pursuant to this subdivision shall be filed by the
  council with the mayor and shall be  final  unless  disapproved  by  the

  mayor  within  five  days  of  such filing except that there shall be no
  right of mayoral disapproval if a three-fourths vote of the  council  is
  required  pursuant  to  this  subdivision.  Any such mayoral disapproval
  shall  be  filed  by  the mayor with the council and shall be subject to
  override by a two-thirds vote of the council within  ten  days  of  such
  filing;
    g.  to lease, pursuant to review and approval pursuant to sections one
  hundred  ninety-seven-c  and  one  hundred  ninety-seven-d,  any   wharf
  property  belonging  to  the  city  for  purposes other than water front
  commerce or in furtherance of navigation, including, without limitation,
  commercial, industrial, residential or recreational purposes.  All  such
  leases  shall be for such terms and shall contain such conditions as may
  be provided by law. No such lease may be authorized by the  commissioner
  until  a  public  hearing  has  been held with respect thereto after the
  publication of notice in the City Record at least thirty days in advance
  of such hearing;
    h. to grant temporary permits terminable at  will  for  a  period  not
  exceeding  three  years  for  the purposes of water front commerce or in
  furtherance of navigation and not exceeding one year for other  purposes
  to use and occupy any wharf property belonging to the city;
    i.  to  set  aside  by order any wharf property belonging to the city,
  which has not been leased, for general wharfage purposes or for the  use
  of  any  special  kind of commerce, or of any class of vessel, or of any
  agency, and to revoke or modify such order as to any such wharf property
  at any time;
    j. to regulate the charges for wharfage, cranage and  dockage  of  all
  vessels  or floating structures using any wharf property set aside under
  paragraph i of this subdivision, provided that the rates which it  shall
  be lawful to charge for wharfage, cranage and dockage from any vessel or
  floating  structure  which  makes use of any other wharf property within
  the port of New York shall be fixed by rules of the commissioner;
    k. to sell buildings, structures  and  other  improvements  on  market
  property  and  wharf property to a person leasing such property pursuant
  to paragraphs a, f and g of this subdivision;  provided,  however,  that
  any  such  sale  of  improvements  shall be subject to the procedure for
  review and approval applicable to the lease related to the improvements;
    l. to manage and promote the economic  development  of  all  airports,
  airplane  landing sites, seaplane bases and heliports owned by the city,
  and to lease such property, subject to review and approval  pursuant  to
  sections  one  hundred ninety-seven-c and one hundred ninety-seven-d. No
  such lease may be authorized by the commissioner until a public  hearing
  has  been  held  with respect thereto after the publication of notice in
  the City Record at least thirty days in advance of such hearing;
    m. to have charge and control of the regulation  for  the  health  and
  safety  of  the  general public of all airports, airplane landing sites,
  seaplane bases,  heliports,  marginal  streets  and  parking  facilities
  appurtenant thereto owned by the city;
    n.  to  establish, amend and enforce rules for the proper care and use
  of all public markets, wharf property,  water  front  property  and  all
  airports,  airplane landing sites, seaplane bases and heliports owned by
  the city and placed in his or her charge or over which he or  she  shall
  have  power  of regulation, and to issue such orders as may be necessary
  for such enforcement. The violation of or the failure to comply with any
  such order or rule shall be triable in criminal  court  and  punishable,
  upon  conviction, by not more than thirty days imprisonment or by a fine
  of not less than  one  hundred  dollars  nor  more  than  five  thousand
  dollars, or both;

    o.  to  have  the  exclusive  power  to  regulate  all privately owned
  airports, airplane landing sites, seaplane bases and heliports  and  the
  operation  out  of  and into such bases as well as the control of ground
  effect craft and aircraft operations to or from other sites  within  the
  city not so designated as airports, heliports, airplane landing sites or
  seaplane bases;
    p.  to promote and encourage the expansion and development of the city
  as a  center  for  intrastate,  interstate  and  international  overland
  freight transportation; and
    q.  to  administer and enforce the provisions of the zoning resolution
  of the city of New York in respect to the following  structures  on  any
  water  front  property:  wharves,  piers,  docks,  bulkheads, structures
  wholly or partly thereon, and such other structures used in  conjunction
  with and in furtherance of water front commerce and/or navigation in the
  same  manner  and in accordance with the same procedure as is prescribed
  therein.
    3. With respect to energy matters, the  commissioner  shall  have  the
  power and duty;
    a.  to  plan,  formulate, coordinate and advance energy policy for the
  city;
    b. to analyze the energy and fuel needs of the city  with  respect  to
  all kinds of energy, to prepare intermediate and long-range plans, goals
  and  programs  designed  to meet such needs, and to establish priorities
  among them;
    c. to  develop,  implement  and  manage  energy-related  programs  for
  economic  development and other purposes, including, without limitation,
  the administration of the public utility service established by  section
  22-301 of the administrative code, and to exercise all of the functions,
  powers and duties of such public utility service; and
    d.  to  perform  such  other  responsibilities  with respect to energy
  matters, including responsibilities delegated elsewhere by the  charter,
  as the mayor shall direct.
    4.  For  purposes of subdivision three of this section, "energy" shall
  include work or heat that is, or may  be,  produced  from  any  fuel  or
  source,  including  but  not  limited to electrical, fossil, geothermal,
  wind, hydro, solid waste, tidal, solar and nuclear.
    5. The commissioner shall have the power and duty to:
    a. advise and assist the mayor in developing policies designed to meet
  the job training and employment needs of the economically  disadvantaged
  and  unemployed  residents of the city of New York, as well as the labor
  needs of private industry;
    b. provide job  training  and  employment  services  for  economically
  disadvantaged and unemployed residents of the city of New York;
    c.  disburse  available city, state and federal funds for job training
  and employment programs throughout the city,  and,  when  practical,  to
  coordinate such funds with available funding from the private sector;
    d.  maintain, operate and control such programs as may be necessary or
  required to achieve the objectives of the department;
    e.  promote  cooperation   among   business,   labor   and   community
  organizations in response to labor market conditions; and
    f.   promote   public   awareness   of  resources  available  for  the
  economically disadvantaged and unemployed, and to refer  the  public  to
  appropriate job training and employment services.