On Your November 3rd Ballot: New York City Charter Revisions Proposed by COGE

On November 3, New York City voters will decide on five proposed amendments to the City Charter. These amendments were placed on the ballot by the Commission on Government Efficiency (COGE), a charter revision commission convened by Mayor Mamdani to recommend ways to improve efficiency and modernize City government. A few are of particular interest from a land use and real estate development perspective:

• Ballot Measure 1 would eliminate the requirement for certain time-consuming public hearings and other procedural mandates for revocable consents, along with Council veto over sidewalk cafes.
  
  
• Ballot Measure 3 would allow dispositions of City-owned lots under 10,000 square feet and not landmarked to proceed through the Expedited Land Use Review Procedure rather than the more onerous Uniform Land Use Review Procedure, provided the project does not require an environmental impact statement.
  
  
• Ballot Measure 4 would require, along with other efficiencies, the Department of Buildings (DOB) to create a centralized construction permitting hub, funneling all permits though the DOB, and eliminating the need for separate applications to multiple agencies.

The five ballot measures are summarized below in ballot order.

Ballot Measure 1: Speed Up Process for Granting a Revocable Consent to Use Public Space

Private owners who wish to use City-owned sidewalks and other public spaces for cafes, planters, benches, ramps, or other purposes need a "revocable consent" from the City. This ballot measure would simplify and streamline the process for obtaining a revocable consent. The proposal, among other changes, would:

• Eliminate the requirement for a public hearing before a City agency may grant a revocable consent (instead it is optional).
  
  
• Remove the requirement to publish notice of a public hearing in newspapers; however, the Community Board, Borough President, City Planning Commission, and City Council would receive notice before the consent is granted.
  
  
• Remove the additional processes, including Community Board approval and City Council call-up, for sidewalk cafe revocable consents; instead, the Department of Transportation (DOT) would make the determination-with the same notice and optional hearing described above.

COGE estimates that these reforms would cut the timeline for outdoor dining revocable consent applications from about eight (8) months to about two (2) months. Ultimately, it would depend on the timelines within the agencies. The Ballot Measure 1 changes would take effect on March 1, 2027 and would not apply to any petition for a revocable consent submitted before that date.

Ballot Measure 2: Reduce City Contractor Paperwork; Require Regular Meetings of Procurement Policy Board

This measure would make several changes to the City's procurement rules. One example is to authorize the Mayor to delegate approval of certain contracts, including those worth more than $5 million and not awarded by competitive bidding, to the Chief Contracting Officers of various agencies, with approval of the applicable agency's Commissioner. The measure would clarify that contracts below a certain dollar amount would not require a public hearing, and the measure would authorize the Procurement Policy Board to establish at what amount a contract would not require a public notice-and-comment period.

Ballot Measure 3: Speed Up Street Safety Projects; Disposition of Unused City Property; Office Leasing

This measure covers three distinct areas.

Disposition of City property

Dispositions of City-owned property currently must undergo the City's Uniform Land Use Review Procedure (ULURP), a mandatory, seven-month public review process with pre-review administrative periods lasting 12-18 months or longer.

Notably, the Charter revision proposal would allow the transfer of City-owned lots under 10,000 square feet (and which are not a landmark) and the transfer of development rights from landmark sites to be eligible for the faster Expedited Land Use Review Procedure (ELURP) instead of ULURP. Like other ELURP projects, if the project requires an environmental impact statement, then ELURP is not an option.

This measure would also eliminate a frustrating requirement for a second public hearing in certain instances-for example when more than two years elapse between ULURP approval of a disposition and execution of the disposition agreement.

Office leasing

The proposal would establish a quicker process for the City to lease or acquire office space for City workers. For such actions, the City is currently required to have a City Planning Commission hearing and approval, followed by an opportunity for the City Council to disapprove by two-thirds vote. Under the proposed Charter changes, the determination would be left to the DCAS Commissioner who would need to find that the acquisition is in the City's best interest, provide notice of intent to the local Community Board, Council member, and Borough President, and notify the Council and Comptroller after completing the acquisition.

Street safety projects

The purpose of this provision is to eliminate certain time consuming steps for the City's "major transportation projects" (roadway realignments over four blocks or 1,000 feet, or any bike lane). The proposal would:

• Eliminate the requirement that the DOT consult not only with other agencies (e.g., the Fire Department) but also with the sub-components of those agencies (e.g., individual firehouses).
  
  
• Allow the DOT to begin work before completing required public notifications, where it determines there is a substantial safety necessity.
  
  
• Provide that a technical failure to consult cannot be used to invalidate or stop a project.

The Ballot Measure 3 changes would take effect immediately upon certification of voter approval, except the change regarding sale of sliver lots without a public auction, which would take effect December 31, 2030.

Ballot Measure 4: Simplify Building Permitting; Move Waterfront Permitting to the Department of Buildings

This measure would make changes to the City's construction permitting process. It would:

• Authorize the DOB Commissioner to appoint more than two Deputy Commissioners and to appoint Borough Commissioners (replacing Borough Superintendents) who can approve construction documents citywide.
  
  
• Direct the DOB, working with the Department of Environmental Protection, the Fire Department, and the DOT, to develop a centralized system for submitting and approving construction permits, to be established by 2030 (or later if DOB determines necessary), subject to budget appropriations.
  
  
• Transfer responsibility for waterfront construction permitting from the Department of Small Business Services to DOB.

The waterfront permitting transfer takes effect December 31, 2030, or upon adoption of a new code governing waterfront structures, whichever is sooner. The other Ballot Measure 4 changes take effect immediately upon certification of voter approval.

Ballot Measure 5: Set Contribution Targets for the Rainy Day Fund to Promote Sufficient Budgetary Reserves

Moneys set aside by the City for a recession, a "Rainy Day Fund", are not required and, according to fiscal watchdogs, are currently woefully inadequate. While this ballot measure would set a target for reserve levels equal to 12% of the City's tax revenue from the prior fiscal year, there is no requirement to make such deposits-even when revenues are strong. (Note Joseph's counsel relating to seven strong years and seven lean.) Deposits would remain subject to the annual budget process.

The measure would also codify that the City cannot withdraw more than 50% of the fund's balance in a year-unless the Mayor certifies a compelling fiscal need. This amendment would take effect immediately upon certification of voter approval. The Citizens Budget Commission (CBC), a long-standing proponent of a Rainy Day Fund, recommends a "no" vote on this Ballot measure. The CBC notes the proposal would not strengthen the Fund; instead, it provides the illusion of progress that could sap the momentum for real improvements. (Full disclosure, one of the authors of this Bulletin is a Trustee of the Citizens Budget Commission.)

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