T2026-2364

Int. No. By Council Members Hanks and Abreu A Local Law to amend the administrative code of the city of New York, in relation to requiring an annual interagency cooling tower compliance review and increasing related enforcement Be it enacted by the Council as follows: Section 1. Chapter 1 of title 17 of the administrative code of the city of New York is amended by adding a new section 17-194.2 to read as follows: § 17-194.2 Interagency review of cooling tower compliance. a. Definitions. As used in this section, the following terms have the following meanings: Building. The term “building” has the same meaning as set forth in section 28-101.5. Cooling tower. The term “cooling tower” has the same meaning as set forth in section 28-317.2. Owner. The term “owner” has the same meaning as set forth in section 28-101.5. b. Review of cooling towers. On or before February 1 of each year, the commissioner of buildings shall generate a list of each building and construction site in connection with which the department of buildings possesses a permit, filing, or other record indicating the presence or planned installation of a cooling tower. Within 7 days after the generation of such list, the commissioner of buildings shall transmit such list to the commissioner. c. Cross-reference against registration and certification. 1. On or before March 1 of each year, the commissioner of buildings, or, if the department of buildings has entered into a memorandum of understanding or other agreement that vests jurisdiction over the registration and certification of cooling towers with the department, the commissioner, shall cross-reference the list generated under subdivision b of this section against (i) existing records of registered cooling towers; and (ii) existing records of certified cooling towers. Through such cross-referencing, the commissioner of buildings or the commissioner, as applicable, shall identify any building or construction site containing a cooling tower that has not been registered in accordance with section 28-317.3 or for which a certification has not been filed in accordance with section 28-317.5. 2. If the commissioner of buildings conducts the cross-referencing required under paragraph 1 of this subdivision, within 7 days after such cross-referencing the commissioner of buildings shall transmit a list of each building or construction site identified under such paragraph to the commissioner. d. Issuance of notice of violation. On or before March 15 of each year, the commissioner of buildings shall issue a notice of violation concerning section 28-317.3 or section 28-317.5, as applicable, to the owner of any building or construction site identified under subdivision c of this section and carry out enforcement in accordance with article 317 of chapter 3 of title 28. § 2. Article 317 of chapter 3 of title 28 of the administrative code of the city of New York is amended by adding new sections 28-317.8 and 28-317.9 to read as follows: § 28-317.8 Enforcement; disinfection and discontinuation. An owner or operator of a cooling tower found to be in violation of section 28-317.3 or 28-317.5, in addition to being subject to any other penalties as authorized by law or rule, shall be required to: 1. Disinfect the relevant cooling tower within a specified time; and 2. For a vacant building or construction site, immediately discontinue use of the relevant cooling tower and keep it out of use until such owner comes into compliance with section 28-317.3 or section 28-317.5, as applicable. § 28-317.9 Enforcement; liability for disinfection and discontinuation. An owner or operator of a cooling tower shall not be subject to the disinfection and discontinuation requirements under section 28-317.8 if such owner provides the following documentation or proof, to the satisfaction of the commissioner and the commissioner of health and mental hygiene: 1. In the event of alleged violation of section 28-317.3, a sworn and notarized statement that water has not been introduced into the cooling tower and will not be introduced into the cooling tower until such owner has registered such cooling tower under such section; 2. In the event of alleged violation of section 28-317.5, proof of compliance with the requirements of section 17-194.1 and any rules promulgated thereunder; 3. A sworn and notarized statement that the cooling tower has been discontinued and such owner has complied with section 28-317.3.1, or that such owner is in the process of complying with such section; or 4. A sworn and notarized statement that the relevant building or construction site does not currently have a cooling tower. § 3. This local law takes effect 120 days after it becomes law. IEM LSR #25239 8/7/2026 3:16 PM