Tuesday, June 9, 2020

No. 202.39: Continuing Temporary Suspension and Modification of Laws Relating to the Disaster Emergency


No. 202.39
E X E C U T I V E  O R D E R
Continuing Temporary Suspension and Modification of Laws Relating to the Disaster Emergency  
WHEREAS, on March 7, 2020, I issued Executive Order Number 202, declaring a State disaster emergency for the entire State of New York; and 
WHEREAS, both travel-related cases and community contact transmission of COVID-19 have been documented in New York State and are expected to continue;

NOW THEREFORE, I, Andrew M. Cuomo, Governor of the State of New York, by virtue of the authority vested in me by Section 29-a of Article 2-B of the Executive Law to temporarily suspend or modify any statute, local law, ordinance, order, rule, or regulation, or parts thereof, of any agency during a State disaster emergency, if compliance with such statute, local law, ordinance, order, rule, or regulation would prevent, hinder, or delay action necessary to cope with the disaster emergency or if necessary to assist or aid in coping with such disaster, do hereby continue the suspensions and modifications of law, and any directives, not superseded by a subsequent directive, made by Executive Order 202.15, through 202.21, and including 202.29, as contained in Executive Order 202.29 until July 7, 2020, and further, I hereby temporarily suspend or modify, for the period from the date of this Executive Order through July 7, 2020 the following:

  • Sections 2018-a and 2018-b of the Education Law, to the extent necessary to allow any absentee ballot for an election held on June 9, 2020 and received by mail in the office of the clerk of the school district or designee of the trustees or school board not later than June 16, 2020 to be canvassed for such election.  No ballots for such election shall be accepted by the clerk of the school district or designee of the trustees or school board after 5 p.m. on June 9, 2020 except those received by mail in accordance with this provision. Any receptacle used for hand delivery of absentee ballots in such election shall be closed and removed at 5 p.m. on June 9, 2020; The ballots therein shall remain unopened pending delivery of mailed ballots, and shall be removed and canvassed after 5 p.m. on June 16, 2020;
  • Section 3012(d) of the Education Law and Subpart 30-3 of Title 8 of the NYCRR, to the extent necessary to exempt school districts from completing annual professional performance reviews of classroom teachers and building principals during the 2019-20 school year without withholding any apportionment of funds for the general support of public schools for which a school district is otherwise entitled; and
  • Sections §§2509, 2573, 3012 and 3014 of the Education Law, to the extent necessary to allow a board of education or the trustees of a common school district, only upon specific agreement, to appoint on tenure those classroom teachers and building principals recommended by the superintendent of schools who are in the final year of the probationary period, have received the previous requisite annual professional performance review ratings pursuant to §3012-d of the education law and would have been in their discretion qualified for appointment on tenure based upon past performance, notwithstanding that their annual professional performance review had not been completed and they had not received the necessary effectiveness rating for the 2019-20 school year, or to allow such board of education or trustees of a common school district to extend such determination for an additional year. 

IN ADDITION, by virtue of the authority vested in me by Section 29-a of Article 2-B of the Executive Law to issue any directive during a disaster emergency necessary to cope with the disaster, I do hereby issue the following directives for the period from the date of this Executive Order through July 7, 2020: 
  • The directive contained in Executive Order 202.38, that allowed a restaurant or bar to serve patrons food or beverage on-premises only in outdoor space, provided such restaurant or bar is in compliance with Department of Health guidance promulgated for such activity, is modified to explicitly limit such activity to those regions that are in Phase 2 of the re-opening. . 
  • The directive contained in Executive Order 202.4, as extended, that required local governments to allow non-essential personnel to be able to work from home or take leave without charging accruals, and required such number of non-essential personnel to total no less than 50% of the total number of employees across the entire workforce of such local government or political subdivision, is hereby modified to apply only to local governments that have not met the prescribed public health and safety metrics to be eligible for Phase Two reopening, provided such local governments in Phase Two regions may bring non-essential employees back to work beginning two weeks after such region meets the metrics to reopen Phase Two.  

G I V E N   under my hand and the Privy Seal of the State in the City of Albany this seventh day of June in the year two thousand twenty.

BY THE GOVERNOR          

Secretary to the Governor

Governor Cuomo Signs Legislation Extending the Deadline to Submit Absentee Ballots to the Day of the Election


Issues Executive Order Extending the Deadline to Submit School Budget Ballots

Governor Previously Issues Executive Orders Allowing All New Yorkers to Vote Absentee in June 23rd Primaries and Ensuring Every New Yorker Automatically Receives a Postage-Paid Absentee Ballot Application

  Governor Andrew M. Cuomo today signed legislation (S.8130-D/A.10516-A) extending the deadline to submit absentee ballots until the day of the election. To be counted, primary ballots must be postmarked by June 23rd. The Governor previously issued Executive Orders allowing all New Yorkers to vote absentee in the June 23rd primary elections and ensuring every New Yorker registered to vote receives a postage-paid absentee ballot application in the mail.

The Governor also announced he will issue an Executive Order extending the deadline for school districts to receive school budget ballots. To be counted, school budget ballots can be accepted by hand delivery through 5pm on June 9th and received by mail through June 16th by the school district. 

"The COVID-19 pandemic has changed our world, and while we are making great progress and the numbers keep going down, no New Yorker should have to choose between their health and their right to vote," Governor Cuomo said. "Extending the deadline to submit absentee ballots builds on our previous Executive Orders to make it easier for New Yorkers to vote absentee in the upcoming primary election and it will help to increase voter participation as we continue to fight this virus."

No. 202.38: Continuing Temporary Suspension and Modification of Laws Relating to the Disaster Emergency


No. 202.38

E X E C U T I V E  O R D E R

Continuing Temporary Suspension and Modification of Laws
Relating to the Disaster Emergency


WHEREAS, on March 7, 2020, I issued Executive Order Number 202, declaring a State disaster emergency for the entire State of New York; and
WHEREAS, both travel-related cases and community contact transmission of COVID-19 have been documented in New York State and are expected to continue;

NOW, THEREFORE, I, Andrew M. Cuomo, Governor of the State of New York, by virtue of the authority vested in me by Section 29-a of Article 2-B of the Executive Law, do hereby continue the suspensions and modifications of law, and any directives, not superseded by a subsequent directive, made by Executive Order 202 and each successor Executive Order up to and including Executive Order 202.14, as continued as contained in Executive Order 202.27 and 202.28 until July 6, 2020; and

IN ADDITION, by virtue of the authority vested in me by Section 29-a of Article 2-B of the Executive Law to issue any directive during a disaster emergency necessary to cope with the disaster, I do hereby issue the following directives for the period from the date of this Executive Order through July 6, 2020:

  • Consistent with Center for Disease Controls and Prevention and New York State Department of Health Guidance, commercial building owners, retail store owners and those authorized on their behalf to manage public places within their buildings and businesses (collectively “Operators”) shall have the discretion to require individuals to undergo temperature checks prior to being allowed admittance.  Further, Operators shall have the discretion to deny admittance to (i) any individual who refuses to undergo such a temperature check and (ii) any individual whose temperature is above that proscribed by New York State Department of Health Guidelines.  No Operator shall be subject to a claim of violation of the covenant of quiet enjoyment, or frustration of purpose, solely due to their enforcement of this directive.  This directive shall be applied in a manner consistent with the American with Disabilities Act and any provision of either New York State or New York City Human Rights Law.
  • The directive contained in Executive Order 202.3, as extended, that required any restaurant or bar to cease serving patrons food or beverage on-premises, is hereby modified to the extent necessary to allow a restaurant or bar to serve patrons food or beverage on-premises only in outdoor space, provided such restaurant or bar is in compliance with Department of Health guidance promulgated for such activity.
  • Executive Order 202.35 which continued the directive of Executive Order 202.33 is hereby modified to permit any non-essential gatherings for houses of worship at no greater than 25% of the indoor capacity of such location, provided it is in a geographic area in Phase 2 of re-opening, and further provided that social distancing protocols and cleaning and disinfection protocols required by the Department of Health are adhered to.
  • Upon the resumption of on-premises outdoor service of food and beverages at the licensed premises of restaurants and bars, to facilitate compliance with social distancing requirements in connection with such service, notwithstanding any provision of the Alcoholic Beverage Control law, restaurants or bars in the state of New York shall be permitted to expand the premises licensed by the State Liquor Authority to use (a) contiguous public space (for example, sidewalks or closed streets) and/or (b) otherwise unlicensed contiguous private space under the control of such restaurant or bar, subject to reasonable limitations and procedures set by the Chairman of the State Liquor Authority and, with respect to (a) the use of public space, subject to the reasonable approval of the local municipality, and all subject to the guidance promulgated by the Department of Health.

G I V E N   under my hand and the Privy Seal of the State in the City of Albany this sixth day of June in the year two thousand twenty.

BY THE GOVERNOR      
   
Secretary to the Governor

Attorney General James’ Price Gouging Authority Strengthened After Governor Cuomo Signs New Bill Into Law


New Law Will Expand AG James’ Ability to Go After Price Gouging Targeting NYS, Hospitals, and Small Businesses

   New York Attorney General Letitia James today applauded Governor Andrew Cuomo signing into law legislation that will substantially strengthen New York State’s price gouging statute to prevent excessive price increases on essential goods and services, as the state continues to battle the coronavirus disease (COVID-19). The new price gouging law — S.8189, sponsored by Senator Brad Hoylman (SD-27), and A.10270, sponsored by Assemblywoman Nily Rozic (AD-25) — expands protections against price gouging beyond consumer goods to include any products or services that are vital or necessary to the health, safety, and welfare of consumers or the general public, extending protection against price gouging beyond only consumers to small businesses, hospitals and other health care providers, and even the State of New York, as they purchase products or services for the benefit of the public. The law will also protect a broader scope of products and services — including medical supplies and equipment, such as ventilators — which are critically needed during the current public health crisis.

“New Yorkers can rest assured that our office will fight every day to ensure they are not taken advantage of during the coronavirus pandemic or any other emergency our state may face in the future,” said Attorney General James. “Since this pandemic began, we have received over 7,000 price gouging complaints related to COVID-19 and gone after the bad actors behind these unlawful acts, but today’s law will vastly expand our efforts to protect New Yorkers’ wallets, as well as the bottom lines of small businesses and taxpayer dollars. We are focused on protecting all New Yorkers now and in the future. We applaud Governor Cuomo for signing this bill into law, and Senator Hoylman and Assemblywoman Rozic for their support and partnership in passing this important legislation so that our office can continue its work protecting New Yorkers.”
“From the beginning of this pandemic we’ve seen too many instances of retailers taking advantage of this dire situation and charging exorbitant prices for critical medical supplies,” Governor Cuomo said. “By banning price gouging on personal protective equipment, we are helping to ensure our health care workers — who have been working tirelessly to save lives at great personal danger to themselves — and the public have access to these supplies, while holding these unscrupulous retailers accountable for attempting to capitalize on the fear of others.”
“Pandemic profiteers need to get the hell out of New York,” said Senator Hoylman. “It's outrageous that these lowlifes have tried to make a quick buck off of our state’s valiant efforts to save the lives of COVID-19 patients and protect frontline medical workers from infection, so I’m glad our bill, signed into law today, will significantly expand New York's price gouging statute to allow Attorney General Tish James to crack down on price gougers. I’m grateful to have worked with Attorney General James, Senate Majority Leader Andrea Stewart-Cousins, and Assembly Sponsor Nily Rozic to craft this bill. I applaud Governor Cuomo for signing our legislation today, and thank Consumer Reports, AARP, and NYPIRG for their support.”
“This legislation strengthens and expands the New York State price gouging statute after the COVID-19 pandemic exposed glaring flaws in the law,” said Assemblywoman Rozic. “This new law will ensure that New Yorkers have access to the products and care required without paying excessive and unreasonable prices. As we face new challenges to contain the pandemic, we must protect consumers when they are particularly vulnerable. I thank Governor Cuomo for signing this essential legislation into law and providing the Attorney General the tools to make certain that no one can prey on consumers’ fears and cause widespread panic during this health crisis.”
Since the beginning of the COVID-19 outbreak, consumers, small businesses, health care providers, and the state have all faced steep price increases for critical medical goods and other essential items, such as hand sanitizer, face masks, and disinfectant spray. New York hospitals have paid up to 15-times more than the normal price for gloves and masks, while the state estimates total coronavirus-related expenses will exceed $15 billion due to bidding competitions with other state governments and high prices from suppliers. Under the existing price gouging statute, the Office of the Attorney General (OAG) has been limited in its ability to take action on certain types of items not typically deemed consumer goods, such as medical supplies. The legislation signed into law today will allow the OAG to take action against those seeking to profit off the health and safety of the general public.
Attorney General James has been focused on protecting consumers and vulnerable communities since the onset of the pandemic. In response to more than 7,000 complaints of excessive prices, the OAG has issued more than 1,565 cease-and-desist orders to businesses that stand accused of violating the current law.
Separately, last month, Attorney General James filed a lawsuit against wholesale grocery distributor Quality King Distributors, Inc. for illegally increasing the company’s wholesale prices for the sale of Lysol disinfectant products to neighborhood grocery and discount stores in New York. Since the beginning of the COVID-19 crisis, Quality King allegedly gouged prices of more than 46,000 cans of Lysol, even though the company did not incur increased costs for the products. The stores purchasing Lysol products from Quality King then passed on those increased prices to customers, forcing them to pay far higher prices for Lysol products than they did before the pandemic. Consumers were charged as much as $16.99 for one can of Lysol, which was previously sold at a retail price range of $5.00 to $8.00.

MAYOR DE BLASIO on COVID-19 and the State of the City - June 8, 2020


  Mayor Bill de Blasio: Well, it is a very beautiful day today. It's a beautiful day out, but it's also a beautiful day for this city. This is a powerful day – day 100 of the coronavirus crisis and it is the day that we start to liberate ourselves from this disease, the day we move forward. Phase one of the restart begins today in New York City and everyone, all New Yorkers, should be proud that you got us to this day. This was a lot of hard work. Everyone who stayed home, everyone who was socially distanced, everyone who put on those face coverings – you got us to this day and it's a day to celebrate hundreds of thousands of New Yorkers coming back to work today, just the beginning of the restart. But it is literally because of every single New Yorker who worked so hard to get us here.

We're here in the Brooklyn Navy Yard. The Brooklyn Navy Yard is such a powerful place in the history of this city. It is a place of working people. It's a place where people fought for their country in tough times. It's a place where things have been created against the odds. And here again, the Brooklyn Navy Yard was a heroic place in the fight against the coronavirus. Here in the Brooklyn Navy Yard, New Yorkers came together to create PPEs, to build things and produce things that weren't made in New York City just a few months ago, but they made them here to save the lives of their fellow New Yorkers. So, this is a great place to be today as we start the next chapter.

I want to thank all my colleagues from the administration who are here, who've all worked so hard through this fight. And every one of us has been together saying we knew we would get to this day, it would take a lot of work, but we are finally here. Now, what comes back today? Construction, manufacturing, wholesale, and nonessential retail now can do curbside and in-store pickup. And we're looking forward to the day in a few weeks where they can go back to their normal operations. Thousands of people are back to work here at the Brooklyn Navy Yard. This is a center of manufacturing, including some of the most dynamic companies in New York City, right here. Thousands are coming back to work here today. Remember hundreds of thousands of New Yorkers overall, coming back today to work in the five boroughs.

Now, as we begin the restart, it will not be business as usual. There's work to be done. We have to help businesses to do this right. We're not only going to do inspections and make sure they’re doing the right thing, we're going to help them do the right thing with the free face coverings, with the guides, with the help lines. We're going to help make sure working people are safe because nothing is more important than protecting the health and safety of New Yorkers. So, for every working person coming back to work today, we will watch out for you. And if you see something wrong, we want to make sure it is addressed immediately. 

But we also know that for the economy to restart people have to be able to get to those jobs. And this crisis has made that harder in so many ways. So, we have some announcements today that I hope will start to lighten the burden and help move us forward and help move New Yorkers around easier and easier. First of all, I announce today, 20 new miles of busways and bus lanes, 20 new miles. These 20 new miles of busways and bus lanes are going to help over three-quarters of a million New Yorkers to get around more easily – 750,000 New Yorkers will have a faster way to work, more frequent service, less crowding. Look, more service equals less crowding equals more health and safety. That's what we want to achieve. There will be five new busways in New York City. Just like the success we've seen on 14th Street, Manhattan, we're going to add five new busways. They will be launching on an urgent basis. I want to see this happen as quickly as possible because we need the help now given the crisis we're in. We have to make it easier for people to get around. They will launch between June and October. 

And then on top of that, four new bus lanes with signage and markings to make it possible for those bus lanes to achieve the goals we've seen. Every time we expedite bus service, more and more people use the buses, more and more people feel it's the right way to go. They don't need their cars. They can take mass transit. And, again, more frequency equals more safety too. These will be launching between June and August, starting this month on East 14th Street in Manhattan and 149th Street in the Bronx. And an important point, the 14th Street Busway, this has been a success by every measure. I said, we're going to do it, we're going to see if it works, we're going to see, do people ride the bus more? Does the bus go faster? Does it have any negative impact on the surrounding streets? And the jury is back. The answer is, it is a clear success. We are making the 14th Street Busway permanent.

Now let's turn to the subways. We have been talking to the MTA now over the last week or two, a lot of forward motion. I thank the MTA for increasing the service and for realizing how important it is to do things like have hand sanitizer in every station. We want to see more and more support for people who are using the subways, want to see the same kind of markings, the same kind of distance markers to help people know where to be. But we're going to help the MTA. We are sending approximately 800 school safety agents who will be in stations, educating New Yorkers, giving out those free face coverings, helping people to feel comfortable when they take that subway ride, that it’s going to be safe. And we're going to keep doing this work with the MTA throughout.

Now, I've got a few other things to talk about, and I think we're trying to find the location of our Commissioner because there was a little situation with his drive over. So, what I'll do is I'll finish everything I got. And when he comes in, he's going to speak, okay. Take a different topic now, one I always say brings up passion in New Yorkers – Alternate Side Parking. We have, obviously, this incredibly important moment where we're restarting. We want to try and make things as easy as possible for people. So, we are suspending Alternate Side Parking for two more weeks. Alternate Side Parking is suspended today through Sunday, June 21st. We'll be reassessing in the meantime whether to bring it back or not.

So, there's a lot to do. There's a lot to do, but we are moving forward in this city. Everyone should be proud of the fact we're moving forward. Let's get this next part, right so we can move forward even more. And this is an appropriate time to talk about our indicators and thresholds. And the news today is very good. So, this is such an important day for the city. I'm happy to say we also have the health data to continue to give us hope that things are moving in the right direction. Let's go over the indicators today. First, the daily number of people admitted to hospitals for suspected COVID-19, that threshold again, 200 patients. We are well under it today at 67 patients. Second, daily number of people in Health + Hospitals ICUs, that threshold is 375 – today, a good number, continues to go down, 326. And number three, percentage of people tested citywide who are positive, tested positive for COVID-19. That threshold is 15 percent. This is the biggest measure in terms of showing us where things really are at in this city, how things are going in this city, the lowest number we have seen – thank you – the lowest number we have seen – three percent. So that is a great, great sign. But, again, we know that the reopening means more and more people will be close to each other. We need to get it right. So, if we would like reopening, we got to stick with it and make sure we do it right so we can get to the next phase.

BETTER BUSES RESTART: MAYOR DE BLASIO ANNOUNCES MAJOR PROJECTS TO SPEED BUSES DURING CITY’S PHASED REOPENING


Renowned 14th Street Busway to be made permanent; 20 Miles of transformative projects to benefit hundreds of thousands of daily riders in South Bronx and Flushing

  Mayor Bill de Blasio announced nine major bus lane projects to give New Yorkers safe, reliable, and fast public transit options as New York City begins its phased reopening. The new busways and dedicated bus lanes will increase bus speeds and reliability along major corridors in all five boroughs and address concerns over the growth in vehicular traffic.

After a successful pilot last October, the popular 14th Street busway will be made permanent and bus lanes extended eastward. The City will also add a bus and truck priority treatment along Flushing’s Main Street in Queens, and new bus lanes to serve critical transit connections along 149th Street in the Bronx. The nine projects combined will benefit nearly 750,000 daily riders.

“As New Yorkers head back to work, they’ll be relying on the bus more than ever – and I’m proud to offer them faster and more reliable options,” said Mayor de Blasio. “By replicating the 14th Street success story in other congested corridors, we can reduce traffic, increase mass transit service, and build a fairer and better New York.”

“As New York City emerges from the difficult days of COVID-19, our commitment to faster and more reliable bus service has never been more important, as buses serve a critical role — both in communities hit hard from the pandemic and by essential front-line workers,” said DOT Commissioner Polly Trottenberg. “We are proud to undertake transformational work on some of the busiest bus corridors in the city, including 149th Street in the Bronx and on 14th Street in Manhattan, where the busway has been such a tremendous success.  We look forward to working with our partners at the MTA to get these transformational changes finished this year.”

Projects beginning this month include:

1)    149th Street, Bronx: DOT will implement offset bus lanes for most of the 2.7-mile corridor from Southern Boulevard to River Avenue. 149th Street carries four bus routes with a total of 55,000 daily riders, and serves as a vital connection to 10 subway lines, the HUB, and Lincoln Medical Center.

2)    The 14th Street Busway, Manhattan: The 14th Street Busway pilot has received international attention, as it has successfully increased bus speeds by as much as 24% and ridership by as much as 30%. The City will make this pilot project permanent. The project, which serves approximately 28,000 daily riders of the M14, combines blocks of exclusive access and standard bus lanes to provide bus priority from 9th Avenue to 1st Avenue. DOT will add 0.8 miles of new bus lane from 1st Avenue to Avenue C.

3)    Main Street, Flushing: DOT will add a busway to a .3-mile northbound stretch of Main Street, where it meets the terminus of the 7 train. The street currently features bus and truck priority treatments in the southbound direction that have resulted in a 23% increase in bus speeds between 2017 and 2018. The enhancement will run along Main Street and Kissena Boulevard as it connects to Main Street and will continue to Northern Boulevard. Bus routes that travel along Main Street carry about 150,000 rides per day.

DOT, in collaboration with MTA, also announced that it will implement bus priority improvements on seven additional corridors in 2020, including bus lane or busway treatments at the following locations:

Busways:
  • Main Street in Queens
  • Jamaica Avenue in Queens
  • 5th Avenue in Manhattan
  • Jay Street in Brooklyn
  • 181st Street in Manhattan
Bus lane projects:
  • 14th Street in Manhattan (from 1st Avenue to Avenue C)
  • 149th Street in the Bronx
  • Merrick Boulevard in Queens
  • Hylan Boulevard in Staten Island
DOT will engage with stakeholders on an ongoing basis to address issues in affected communities.

DOT will give bus priority to these corridors this year:

Busway Project
Borough
Streets
Length
Daily Rides
Main Street/Kissena
Queens
Sanford to Northern Boulevard 
0.3 miles
150,000
Jamaica Avenue
Queens
Sutphin Boulevard to 168th Street
0.9 miles 
225,000
5th Avenue
Manhattan
57th Street to 34th Street
1.1 miles
75,000
Jay Street
Brooklyn
Fulton Street to Tillary Street
0.6 miles
35,000
181st Street
Manhattan
Amsterdam Avenue to Broadway
0.6 miles
111,000

Total:
3.5 miles
596,000
Bus Lane Project

14th Street
Manhattan
1st Avenue to Avenue C
0.8 miles
28,000
149th Street
Bronx
Southern Boulevard to River Avenue
2.7 miles
55,000
Merrick Boulevard
Queens
Hillside Avenue to Springfield Boulevard
6.4 miles
35,000
Hylan Boulevard
Staten Island
Lincoln Avenue to Nelson Avenue
6.6 miles
30,000

Total:
16.5 miles
148,000

Grand Total
20 miles
744,000

Monday, June 8, 2020

Partnerships for Parks - Deadline Extended on Grants up to $1,500







APPLY NOW
Partnerships for Parks is a joint program of City Parks Foundation and NYC Parks that supports and champions a growing network of leaders caring and advocating for neighborhood parks and green spaces. We equip people and organizations with the skills and tools needed to transform these spaces into dynamic community assets.
Generous private support for Partnerships for Parks is provided by The Leona M. and Harry B. Helmsley Charitable Trust, Craig Newmark Philanthropies, Altman Foundation, Con Edison, the Greenacre Foundation, TD Bank, and the MJS Foundation. Public support is provided by the NYC Council under the leadership of Speaker Corey Johnson through the Parks Equity Initiative.