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THE CITY RECORD

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participate in this program in vehicles licensed by such Commission, or may be delivered by such other method as determined by the Commissioner of Emergency Management or such other person as may be designated to succeed such Commissioner in managing the program provided for in this section. Drivers licensed by the Taxi and Limousine Commission may apply to participate in this program in a form and manner as determined by the Commissioner of Emergency Management or such other person as may be designated to succeed such Commissioner in managing the program, provided that such Commissioner or other person may, in his or her discretion, suspend or terminate the use of drivers licensed by TLC at any time.
d. Nothing in this section shall be construed as granting any individual or family that meets the eligibility criteria provided in subdivision a of this section a right to receive meal delivery services under this program. In addition to the requirements for eligibility set forth in subdivision a of this section, delivery of meals pursuant to this section is subject to availability of food, drivers, and program resources.
e. The program provided for in this section will terminate at the end of the COVID-19 public health emergency, as determined by Order of the Mayor, or on such other date as determined by the Commissioner of Emergency Management or such other person as may be designated to succeed such Commissioner in managing the program provided for in this section.
FINDING OF SUBSTANTIAL NEED FOR EARLIER
IMPLEMENTATION
I hereby find and represent to the Mayor that there is a substantial need for the implementation, immediately upon its final publication in the City Record, of the New York City Office of Emergency Management OEM Rule continuing the temporary emergency food delivery program for vulnerable homebound New Yorkers who are impacted by food insecurity during the COVID-19 declared public emergency and who meet certain eligibility criteria. Under this rule, OEM seeks to continue the program by establishing the program by rule on an ongoing basis. The program is focused on people in the City who are food insecure and affected by COVID-19. As the City has conducted the emergency food delivery program, established this spring by emergency rule in the early weeks of the COVID-19 public emergency, the continuing needs of food insecure New Yorkers have become clear. The continuing emergency food delivery program must be established by permanent rule in order to keep addressing ongoing food insecurity among New Yorkers affected by COVID-19.
If the rule is not brought into effect quickly, there may be a gap in authorization for the emergency food delivery program, since the emergency rule will lapse this month. Therefore, I find that there is a substantial need for bringing this rule into effect immediately upon publication in the City Record.
This declaration is made pursuant to Section 1043f1c of the New York City Charter.
S/____________________________________
Deanne Criswell, Commissioner New York City Office of Emergency Management APPROVED:
S/___________________________________
Bill de Blasio Mayor
E s21

TRANSPORTATION
NOTICE

Notice of Adoption NOTICE OF ADOPTION relating to Traffic Rules exempting drivers and vehicles delivering frees meals to participants in the NYCEM
temporary emergency food delivery program from parking and standing rules for a period of up to 20 minutes.
NOTICE IS HEREBY GIVEN PURSUANT TO THE AUTHORITY
VESTED IN the Commissioner of the New York City Department of Transportation DOT by Sections 1043 and 2903 of the New York City Charter and in accordance with the requirements of Section 1043 of the New York City Charter, that DOT hereby amends Section 4-08 of Chapter 4 of Title 34 of the Rules of the City of New York.
This rule was first published on July 21, 2020 and a public hearing was held on August 24, 2020. DOT did not receive written or oral comments from the public.

MONDAY, SEPTEMBER 21, 2020

Statement of Basis and Purpose of Adopted Rule The Commissioner of the New York City Department of Transportation DOT is authorized to issue rules regarding parking and traffic operations in the City pursuant to Section 2903a of the New York City Charter The New York City Office of Emergency Management NYCEM
adopted an emergency rule establishing an emergency food delivery program to ensure that certain vulnerable New Yorkers facing food insecurity as a result of the COVID-19 public health emergency have adequate access to food The program aims to feed New Yorkers facing food insecurity during the COVID-19 health emergency by paying drivers designated by the City to deliver free meals to program participants On May 22, 2020 DOT Commissioner Polly Trottenberg and Mayor Bill de Blasio promulgated a rule on an emergency basis amending section 4-08a of Title 34 of the Rules of the City of New York so that drivers and vehicles delivering free meals to participants in the emergency food delivery program are exempt from parking and standing rules for a period of up to 20 minutes The DOT emergency rule was published in the City Record on June 1, 2020
Section 4-08a is now being amended by non-emergency rulemaking to replace the emergency rule This rule will exempt drivers and vehicles delivering frees meals to participants in the emergency food delivery program from parking and standing rules for a period of up to 20
minutes New material is underlined Deleted material is in brackets Section 1. Subdivision a of section 4-08 of Title 34 of the Rules of the City of New York is amended by adding a new paragraph 11, to read as follows:
11 Emergency Food Delivery Program. Notwithstanding any other provision of these rules, the operator and owner of a vehicle designated by the City of New York and engaged in delivering free meals to a recipient of food pursuant to the emergency food delivery program established in Title 72 of the Rules of the City of New York shall be exempt from the parking and standing rules of this section while such operator is actually performing a delivery in such program, not to exceed 20 minutes It shall be an affirmative defense to any summons issued for violation of such rules that the operator of the vehicle to which such summons was issued was engaged in the activity described in this paragraph, upon presentation by such operator of proof of such activity issued by the City of New York, and that such vehicle, at the time of the issuance of such summons, was parked or standing for 20 minutes or less FINDING OF SUBSTANTIAL NEED FOR EARLIER
IMPLEMENTATION
I hereby find and represent to the Mayor that there is a substantial need for the implementation, immediately upon its final publication in the City Record, of the New York City Department of Transportation DOT rule exempting drivers and vehicles delivering frees meals to participants in the Citys emergency food delivery program from parking and standing rules for a period of up to 20 minutes Under this provision, originally promulgated as an emergency rule under section 1043i of the New York City Charter at the start of the COVID-19 public health emergency, DOT continues to support the program by establishing the exemption on an ongoing basis The emergency food delivery program is focused on the Citys residents who are food insecure and affected by COVID-19 Though established this spring by emergency rule of the Citys Office of Emergency Management, the program will continue for the foreseeable future Therefore, the DOT parking exemption must be reissued as a permanent rule Unless it takes effect immediately upon its final publication in the City Record, this rule will expire and no longer be in effect Therefore, I find pursuant to section 1043f1c of the New York City Charter that there is a substantial need for its earlier implementation /s/___________________________________
Polly Trottenberg, Commissioner New York City Department of Transportation APPROVED:
/s/_____________________________________
Bill de Blasio Mayor E s21