What's happening
This bill allows the New York City Council to review, approve, modify, or disapprove Department of Health regulations within set timelines.
Why it matters
Shifts more oversight power to the City Council over public health regulations. By allowing the Council to review, modify, or reject Department of Health decisions, the bill creates an extra layer of democratic accountability for health rules that can impact daily life, business operations, and personal freedoms.
Introduces time-bound checks and balances. The bill sets strict timelines for Council action (e.g., 20 days to "call up" a regulation, 50 days for review, 15 days for Department of Health feedback on modifications), which can prevent indefinite delays but also pressures both the Council and the Department of Health to act swiftly.
Empowers local representation in health decisions. Community boards and borough presidents can trigger Council review if they object to a regulation, giving neighborhoods more influence and ensuring that local concerns can reach and potentially sway citywide policy.
Could alter the balance between public health expertise and political input. By making health regulations subject to political approval, the bill might ensure responsiveness to public concerns but could also risk politicizing health decisions that have typically relied on scientific and expert guidance.
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Who cares
Headline styles
City Council Reviews Health Rules
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to cities
- Referred to cities
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4409
2017-2018 Regular Sessions
IN SENATE
February 14, 2017
Introduced by Sen. AVELLA -- read twice and ordered printed, and when printed to be committed to the Committee on Cities
AN ACT to amend the New York city charter, in relation to authorizing the city council to "call up" any New York city department of health regulation for review
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 28 of the New York city charter is amended by adding a new subdivision h to read as follows:
h. (1) The council shall have the authority to elect to review any New York city department of health regulation by voting to take jurisdiction within twenty days after the city department of health files its report.
(2) (A) An application which is subject to elective review by the council, shall be reviewed if such application was disapproved by the community board and borough president, was approved or approved with modifications by the city department of health, and the borough president files an objection to the city department of health's approval with the council and the city department of health within five days of receipt of the city department of health's approval.
(B) Within fifty days of receipt of the city department of health's report on an application that is either subject to mandatory review or is "called-up" by the council, the council shall hold a public hearing, and approve, approve with modifications or disapprove the decision of the city department of health.
(C) If, during the course of its fifty-day review period, the council decides it wants to approve an application with modification, it can do so only by referring the proposed modification back to the city department of health. Such department shall then determine if the modification is of such significance that additional review is necessary. If such department determines that additional review is needed, the council may not adopt the modification. If no additional review is needed, the coun-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00819-01-7
S. 4409 2
cil can adopt the application with the modification. When the council proposes a modification, such department has fifteen days to make its determination and during such period the council's fifty day clock is stopped.
(3) A council action approving, approving with modifications or disapproving the city department of health actions, requires a majority vote of the council.
(4) If the council fails to act within its review period, the council shall be deemed to have approved the decision of the city department of health.
§ 2. This act shall take effect on the one hundred eightieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the New York city charter, in relation to authorizing the city council to "call up" any New York city department of health regulation for review
Purpose or general idea of bill
This legislation will create a similar "call up" procedure to the New York city charter provision that allows the Council to elect to review certain actions approved by the Department of City Planning.
Summary of specific provisions
Section 1 of the bill amends the New York city charter by adding a new subdivision h that includes the following sections:
Read the full memo (664 words)
(1) authority is given to the city council to review any New York city department of health regulation by voting to take jurisdiction within 20 days after the city department of health files its report;
(2) (A) eligible actions for review are those that were disapproved by the community board and borough president, those that were approved or approved with modification by the city department of health and the borough president files an objection to the department of health's approval with the council and the department of health within 5 days of receipt of the department of health's approval;
(2)(B) the council shall hold a public hearing within 50 days of receipt of the department of health's report that an application that is either subject to mandatory review or is "called-up" by the council and shall approve, approve with modification or disapprove the decision of the department of health;
(2) (C) if during the course of its 50 day review period, the council decides it wants to approve with a modification it can only do so by referring the proposed modification back to the department of health and the department of health shall then determine if the modification requires additional review, if further review is needed then the council may not adopt the modification, if no additional review is required then the council may adopt the application with the modification and when the council proposes a modification, the department has fifteen days to make its determination during which time the council's 50 day clock is stopped;
(3) a council action approving, approving with modifications or disapproving the department of health actions, requires a majority vote of the council;
(4) if the council fails to act within its review period, the council shall be deemed to have approved the decision of the department of health.
Section 2 of the bill sets forth an effective date 180 days after it shall have become a law.
Justification
Over the past several years the New York city department of health has made several regulatory changes that have had broad and sweeping effects on city residents as well as those non-residents who work in or visit the city. Some of those regulatory changes were implemented solely as part of a rule making process and did not undergo any form of legislative review. This included the city administration's efforts to impose a ban on large size soda and other sugary beverages. A long-standing legal battle continues today challenging the agency's authority to impose these restrictions solely through a rule making process.
The city council should be empowered to "call up" controversial regulatory changes that are made by the department of health in the same way that the council is empowered to "call up" certain land use decisions made by the city planning commission. This is especially appropriate when the local community board and the borough president have filed their objections to the department of health's regulatory action and the department of health proceeds despite those objections.
Allowing this additional review procedure will provide necessary checks and balances upon this agency when it imposes regulations that have a sweeping effect and have raised significant objections within the local governing bodies.
Prior legislative history
New Bill.
Fiscal implications
None.
Effective date
This act shall take effect 180 days after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.