Section 24-527. Watershed protection plan for the watershed/sewershed of Jamaica bay

a. No later than October 1, 2007,  the  commissioner  shall  complete  a  watershed  protection  plan  for the watershed/sewershed of
  Jamaica bay, which shall, among other things, include measures the  city
  can implement to help protect Jamaica bay. The overall goal of such plan
  shall  be  to  restore  and  maintain  the  water quality and ecological
  integrity of Jamaica bay.
    b. The commissioner shall assess the technical,  legal,  environmental
  and  economical  feasibility  of  including  the  following measures, at
  minimum, in the plan prepared pursuant to subdivision a of this section:
    (1) best management practices for the minimization and control of soil
  erosion and stormwater runoff and reduction of both point and  non-point
  source  pollution,  including,  but  not  limited  to,  the promotion of
  development practices such as the on-site detention and infiltration  of
  stormwater  runoff,  the  minimization  of  impervious  surfaces and the
  creation of natural systems to control and minimize stormwater runoff;
    (2) measures to address threats to aquatic habitat, including, but not
  limited to, stabilizing and restoring salt marshes, wetlands, soils  and
  other natural areas, strengthening ecological buffers, restoring natural
  features   to   the   Jamaica  bay  watershed/sewershed  shoreline,  and
  reestablishing water flows;
    (3)  land  acquisition   and   land   use   planning   practices   and
  opportunities,  including,  but  not  limited  to,  incentives,  such as
  expedited permitting and property tax  relief,  for  infill,  brownfield
  redevelopment  and  other  environmentally  beneficial  development, and
  disincentives, such as stricter development guidelines, for  development
  that may adversely impact Jamaica bay;
    (4)  a  protocol  for coordination with appropriate federal, state and
  city governmental entities that have jurisdiction over the  Jamaica  bay
  area,  with  respect  to,  but  not  limited  to, efforts to restore and
  maintain the water quality and ecological integrity of Jamaica  bay  and
  notification  regarding proposed development projects within the Jamaica
  bay watershed/sewershed that may adversely impact Jamaica bay;
    (5) a protocol for coordination with the  office  of  operations  that
  ensures  that  environmental  assessments and reviews of projects within
  the Jamaica bay watershed/sewershed address potential impacts to Jamaica
  bay and are conducted pursuant to all applicable federal, state and city
  environmental quality review laws and regulations;
    (6) a  public  education  program,  including,  but  not  limited  to,
  programs  for  schools,  developers, commercial facilities, civic groups
  and other local organizations and entities to increase  awareness  about
  the  ecological  significance  and degradation of Jamaica bay; potential
  threats to Jamaica bay; restoration and watershed stewardship activities
  undertaken by the department  and  others  involving  Jamaica  bay;  and
  methods and practices to reduce pollution in Jamaica bay; and
    (7)  a  program  to  target  enforcement efforts that will help reduce
  polluting behaviors and operations that  may  adversely  impact  Jamaica
  bay.
    c. The watershed protection plan prepared pursuant to subdivision a of
  this  section,  as  it  may be revised pursuant to subdivision h of this
  section, shall contain the following:
    (1) specific goals related to  restoring  and  maintaining  the  water
  quality and ecological integrity of Jamaica bay;
    (2)  the  geographic  boundaries of the watershed/sewershed of Jamaica
  bay for the  purpose  of  achieving  the  goals  of  such  plan  and  an
  explanation for the selection of such boundaries;
    (3)  the  assessments  the  commissioner  completed  for  each measure
  considered for inclusion in such plan;

    (4)  for  any  final  recommendation  of  the  Jamaica  bay  watershed
  protection plan advisory committee established pursuant to subdivision j
  of  this  section that was not assessed for inclusion or incorporated in
  such plan, an explanation for such omission; and
    (5)   a   schedule,   including  interim  and  final  milestones,  for
  implementing the measures and achieving the specific goals  included  in
  such  plan  and  methods  of  monitoring progress towards achieving such
  milestones and goals.
    d. No later than October 1, 2006, the commissioner shall  complete  an
  interim  report  on  the  preparation  of  the watershed protection plan
  required pursuant to subdivision a of this section, which shall include,
  at minimum, the following elements:
    (1) a description of the  current  status  of  the  plan  preparation,
  including, but not limited to, the status of all feasibility assessments
  of measures conducted pursuant to subdivision b of this section; and
    (2)  for  each preliminary recommendation of the Jamaica bay watershed
  protection plan advisory committee provided to the commissioner pursuant
  to paragraph four of subdivision j of  this  section,  the  commissioner
  shall state whether:
    i.  the  recommendation  will  be  incorporated into the plan required
  pursuant to subdivision a of this section;
    ii. the recommendation will not be incorporated  into  such  plan,  in
  which  case the commissioner shall provide a detailed explanation of the
  basis for any such omission; or
    iii. the recommendation will be further assessed for inclusion in such
  plan,  in  which  case  the  commissioner  shall  provide   a   detailed
  explanation  of  the  reason  for  such  further assessment, including a
  timeline for such assessment's completion.
    e. No later than March 1, 2007,  the  commissioner  shall  complete  a
  draft  of  the  watershed protection plan for the watershed/sewershed of
  Jamaica bay required pursuant to subdivision a of this section.
    f. The commissioner shall implement  the  plan  prepared  pursuant  to
  subdivision  a  of  this section, as it may from time to time be revised
  pursuant to subdivision h  of  this  section,  in  accordance  with  its
  provisions.
    g.  The  commissioner shall submit to the mayor and the speaker of the
  council the watershed protection plan, draft of such  plan  and  interim
  report  prepared pursuant to subdivisions a, d and e of this section, or
  any revised plan prepared pursuant to subdivision h of this section,  no
  later than five business days after its completion.
    h. The watershed protection plan prepared pursuant to subdivision a of
  this  section  shall be reviewed and revised as necessary to achieve its
  goals, but in no event shall such review  occur  less  often  than  once
  every two years.
    i. No later than October 1, 2008, and no later than October 1 of every
  second  year  thereafter,  the commissioner shall submit a report to the
  mayor and the speaker of the council, which shall include,  but  not  be
  limited to:
    (1)  the  implementation  status  of  the  measures  included  in  the
  watershed protection plan prepared pursuant to  subdivision  a  of  this
  section,  as  it may have been revised pursuant to subdivision h of this
  section; and
    (2) where the plan has been reviewed in accordance with subdivision  h
  of  this  section  and the commissioner determines that no revisions are
  required, such determination and the reasons for it.
    j. (1) A Jamaica bay  watershed  protection  plan  advisory  committee
  shall be established, which shall provide advice to the commissioner for
  the   duration   of   its   term   and  provide  preliminary  and  final

  recommendations to the commissioner and the speaker of  the  council  on
  the watershed protection plan required pursuant to subdivision a of this
  section regarding:
    i.   the  specific  goals  of  such  plan  related  to  restoring  and
  maintaining the water quality and ecological integrity of Jamaica bay;
    ii. the geographic boundaries of the  watershed/sewershed  of  Jamaica
  bay to be included in such plan;
    iii.  any  measures  that  should  be assessed by the commissioner for
  inclusion in such plan, in addition to those listed in subdivision b  of
  this section;
    iv.   the  assessment  of  the  technical,  legal,  environmental  and
  economical feasibility of including in such plan the measures listed  in
  subdivision b of this section and any additional measures; and
    v.   a   schedule,   including   interim  and  final  milestones,  for
  implementing the  measures  and  achieving  the  specific  goals  to  be
  included  in  such  plan  and  methods  of  monitoring  progress towards
  achieving such milestones and goals.
    (2) Such advisory committee shall be comprised of seven members, three
  of whom shall be appointed by the speaker of the council and four by the
  mayor. The members shall be appointed within forty-five days  after  the
  effective date of this section and shall serve without compensation. The
  chairperson(s)  shall  be  elected from amongst the members. Any vacancy
  shall be filled in the same manner as the original appointment  for  the
  remainder  of  the unexpired term. The commissioner may provide staff to
  assist the advisory committee.
    (3) Such members of the advisory committee  shall  serve  until  three
  months  after  the  date  upon  which  the  commissioner  completes  the
  watershed protection plan prepared pursuant to  subdivision  a  of  this
  section, after which time the committee shall cease to exist.
    (4)  No  later than July 1, 2006, the chairperson(s) of such committee
  shall  submit  a   report   containing   the   committee's   preliminary
  recommendations   regarding   the  watershed  protection  plan  required
  pursuant to subdivision a of this section to the  commissioner  and  the
  speaker of the council.
    (5)  No  later than June 1, 2007, the chairperson(s) of such committee
  shall submit a report containing the committee's  final  recommendations
  regarding the watershed protection plan required pursuant to subdivision
  a of this section to the commissioner and the speaker of the council.