Report from NYC Comptroller Calls for Strengthening Proposed DOB Rules for the Implementation of NYC’s Landmark Green Buildings Law

 

Comptroller recommends limiting the ability of owners to purchase off-site “renewable energy credits” in order to promote on-site emissions reduction

In a new report, Cap the Credits, New York City Comptroller Brad Lander lays out steps to strengthen implementation of Local Law 97, the Climate Mobilization Act, designed to dramatically curb building emissions. For the report, the Comptroller’s office conducted an analysis of over 23,000 buildings covered by the law, in order to develop recommendations as the NYC Department of Buildings (DOB) holds a hearing on proposed rules for implementation of the law, set to take effect in 2024.

The report calls for limiting the use of Renewable Energy Credits (RECs) to 30% of a building’s emissions overages, warning that unlimited use of pay-to-pollute loopholes in the draft rules would prevent onsite emissions reduction. The report also urges new financing mechanisms to assist affordable housing owners with compliance.

“New York City’s Local Law 97 is the most ambitious building retrofit law in the country, but it will only work as intended if DOB amends its proposed rules to limit the pay-to-pollute ‘Renewable Energy Credit’ loophole and requires buildings owners to reduce emissions onsite,” said Comptroller Brad Lander.

Over 70 percent of New York City’s greenhouse gas emissions (GHG) come from buildings. The City Council passed Local Law 97 (LL97), the most ambitious building energy law in the country, in 2019, with the goal of dramatically reducing emissions. The goal is to reach a 40% reduction in GHG from the 2005 baseline by 2030, and 80% reduction by 2050. Mandatory emissions reductions will fundamentally transform the City’s building stock, requiring property owners to invest in work such as replacing windows, upgrading insulation, and improving the efficiency of lighting, water heating, heating, ventilation and air conditioning (HVAC).

In October, DOB published draft rules for the implementation of LL97, which is set to go into effect in 2024. DOB is holding a hearing on the draft this week.

Analysis of Covered Buildings

To inform its recommendations, the Office of the New York City Comptroller undertook a review of over 23,000 privately-owned buildings covered by the law, comparing buildings’ current GHG emissions to the limits imposed by the law, and analyzing buildings’ current source of emissions. The Comptroller’s analysis found:

• Only 30% of buildings currently have emissions above the standards allowed for the initial 2024-2029 compliance period, but that will increase to over 70% in 2030, as standards rise at the start of the law’s second compliance period.
• Residential buildings are disproportionately reliant on the onsite combustion of fossil fuel for heating, cooling, and cooking. Extensive retrofits of residential buildings will be capitally intensive and require significant financial and technical support.
• A large portion of buildings will need to complete large-scale retrofits to comply with the law by 2030. Initially presented with upfront costs for retrofits, building owners will see significant savings over time and yield the maximum benefits for New Yorkers. The rules must ensure that retrofits to improve efficiency or electrify buildings are incentivized and encouraged.
• Large commercial buildings are responsible for the largest share of emissions. Because these buildings are mostly located in Manhattan, these large commercial buildings’ owners will benefit most from statewide grid decarbonization without undertaking any action to retrofit buildings as envisioned in LL97. If the grid continued to derive an overwhelming majority of its power from fossil fuels, the commercial building sector would emit 2.5 million tons of CO2 (equal to over 255 million gallons of gas) each year unabated and not subject to penalties.

Unlimited Use of Renewable Energy Credits Would Reduce Law’s Effectiveness 

The draft rules proposed by DOB would permit property owners to purchase Renewable Energy Credits (RECs), without limits, to offset their electricity emissions overage. RECs fund renewable energy projects either located in the city region or from projects that deliver power to the city’s electrical grid. The Comptroller’s report found:

• An unanticipated supply of Renewable Energy Credits (RECs), as a result of renewable energy projects prompted by the NYS Climate Leadership and Community Protection Act (CLCPA), passed after LL97 was adopted, threatens to weaken the impact of the law.
• Under the proposed DOB rules, two-thirds of total emissions would be eligible for credits in lieu of emission reductions, significantly reducing the impact of the law.
• The Comptroller’s office analysis found that without limiting RECs, buildings would only reduce 31% of emissions during the 2030-2034 compliance period. Capping the use of RECs to 30% of a building’s emissions above the limit would drop emissions by 79%, achieving LL97’s goal to both significantly reduce emissions and catalyze a green economy.

Recommendations

The Comptroller’s office therefore recommends three steps towards effective implementation of LL97:

1. Limit the use of RECs to no more than 30% of a building’s electricity emissions above its limit.
2. Encourage building retrofits and energy efficiency by aligning incentives, costs, and penalties.
3. Establish a Green Affordable Housing Fund by establishing a payment in lieu of fees for excess emissions to finance retrofit and energy efficiency costs in rent-stabilized and City-subsidized affordable housing.

Lander continued, “We have a historic chance to promote a just transition away from fossil fuels and to create thousands of good jobs in the process. Rather than letting our largest emitters buy their way out of retrofits, Local Law 97 implementation must structure incentives and financing options to achieve the emissions reductions needed for a greener, healthier New York City

Permits Filed For 172 East 205th Street In Bedford Park, The Bronx

 

Permits have been filed for a seven-story residential building at 172 East 205th Street in Bedford Park, The Bronx. Located between Grand Concourse and East Mosholu Parkway South, the lot is two blocks from the Bedford Park Boulevard subway station, serviced by the B and D trains. Gregory Harvey is listed as the owner behind the applications.

The proposed 60-foot-tall development will yield 15,421 square feet designated for residential space. The building will have 27 residences, most likely rentals based on the average unit scope of 571 square feet. The concrete-based structure will also have a cellar and a 35-foot-long rear yard.

Gerald Caliendo Architects is listed as the architect of record.

Demolition permits were filed last month for the two-story building on the site. An estimated completion date has not been announced.

Team AOC - We’ve been busy. Take a look

 

Thank you to all the campaign organizers, volunteers, staff, small dollar donors, grassroots candidates, and voters who worked so hard for a better future last week.

Campaigning is relentless, all-encompassing work. None of this happens without you. You are so appreciated.

We wanted to share some highlights from this month to show you all the hard work that our team pulled off – all powered by grassroots donations:

Meeting new neighbors in Co-op City, The Bronx, which is now part of NY-14 after redistricting.

Hunts Point listening forum at The Point CDC in The Bronx.

Green New Deal for Public Housing Teach-in at Throggs Neck Houses in The Bronx.

Team AOC and staff from Stand Up to Violence at Jacobi Hospital meet neighbors at Bronx River Houses Community Day.

Community Day at Bronx Rivers Houses.

Alexandria and Team AOC at a listening forum in Co-op City, The Bronx.

Alexandria answering constituent questions at a listening forum in Astoria, Queens.

Halloween Parade at Co-op City in The Bronx.

Photo credits: Corey Torpie, Fiorella Bini, and Carlos Alonso

With your help, we will continue to push for progress and help working families however we can.

Thank you for standing with us.

Pa’lante,

Team AOC

Attorney General James Fights to Protect Transgender Students’ Rights

 

AG James Co-Leads a Coalition of 17 Attorneys General in Filing Amicus Brief to Protect an Indiana Transgender Student Against Gender-Based Discrimination  

New York Attorney General Letitia James took legal action to protect transgender students’ rights. Co-leading a coalition of 17 attorneys general, Attorney General James filed an amicus brief in the case of A.M. v. Indianapolis Public Schools in support of a challenge to an Indiana statute that bans transgender female students from participating in girls’ sports in K-12 schools. A student, A.M., was barred from playing on her school’s girls’ softball team after the law was passed despite having been a part of the team with no issue in the past. 

“Transgender students should be afforded the same opportunities as their peers without facing discrimination or stigma,” said Attorney General James. “Transgender students participating on the sports team that fits their identity does not reduce opportunity for anyone. It uplifts all students by creating a more inclusive environment. I will continue to fight against efforts that discriminate against people based on their identity.” 

The brief — filed in the U.S. Court of Appeals for the Seventh Circuit — argues for the court to affirm a lower court ruling which allowed A.M. to continue participating on the sports team corresponding to her gender identity during the litigation. The court made this ruling on the basis that the Indiana statute which banned her from the team likely violates Title IX of the Education Amendments of 1972, as it denies transgender girls access to the same athletic opportunities that other boys and girls have. The attorneys general support this reasoning and want to ensure that federal law is applied properly to protect transgender people from discrimination. The attorneys general also note that because the sole purpose of Indiana’s law is to exclude and stigmatize transgender girls like A.M., it clearly violates her right to equal protection under the law.

The brief also notes that over 1.6 million people in the United States — including about 300,000 youth between the ages of 13 and 17 — identify as transgender, and that transgender people have been a part of society worldwide back to antiquity. These Americans make valuable contributions to our communities as teachers, essential workers, firefighters, doctors, and more, but face discrimination, violence, and harassment that limits their ability to realize their potential. One survey of transgender students found that 77 percent of respondents reported negative experiences in school including verbal harassment and assault. The attorneys general demonstrate that allowing transgender students to participate in school sports yields broad benefits for all students without reducing opportunity for anyone. 

Attorney General James has repeatedly fought for the rights of transgender individuals. This August, Attorney General James co-led a coalition of 22 attorneys general in challenging an Indiana School District’s policy to prohibit transgender students from using bathrooms which correspond with their gender identity. In November 2021, she co-led a coalition of 23 attorneys general in challenging a similar policy in a Florida School District. In October 2021, Attorney General James led a multi-state coalition of attorneys general to support transgender students seeking to participate in sex-segregated school sports consistent with their gender identity. Additionally, in November 2019, Attorney General James successfully co-led a coalition of attorneys general in the fight to support the rights of transgender students to use bathrooms in line with their gender identity in the case Gavin Grimm v. Gloucester County School Board in the U.S. Court of Appeals for the Fourth Circuit. 

Joining Attorney General James in filing the brief are the attorneys general of Hawai’i, California, Colorado, Delaware, Illinois, Maine, Maryland, Massachusetts, Minnesota, New Mexico, New Jersey, Oregon, Rhode Island, Vermont, Washington, and the District of Columbia.

Permits Filed For 510 East 148th Street In Mott Haven, The Bronx

 

Permits have been filed for a six-story mixed-use building at 510 East 148th Street in Mott Haven, The Bronx. Located between Brook Avenue and St. Ann’s Avenue, the lot is near the 3rd Avenue-149th Street subway station, serviced by the 2 and 5 trains. Leviathan Development is listed as the owner behind the applications.

The proposed 60-foot-tall development will yield 15,056 square feet, with 14,447 square feet designated for residential space and 609 square feet for community facility space. The building will have 21 residences, most likely rentals based on the average unit scope of 687 square feet. The concrete-based structure will also have a cellar and 11 open parking spaces.

ARC Architecture + Design Studio is listed as the architect of record.

Demolition permits have not been filed yet. An estimated completion date has not been announced.

Morris Park Veterans Day Salute at Peace Plaza

 

There was rain forecast which began falling lightly as the Peace Plaza Morris Park Veterans Day Salute began. Corporal Joseph Ronda, United States Marine Corps (USMC) emceed the event which began with the singing of God Bless America. Mr. Ronda then made a speech about those who passed away who helped make Peace Plaza a reminder of those who  fought for America, ending by reading a statement from President Woodrow Wilson after the signing of the armistice of 1919 which ended World War One.  

Veteran Gene De Francis was called up to speak, who said this is a proud day to be a veteran. He said that he was a radio technician who monitored enemy communications during the war he served in. Veteran Sammy Ravelo of the Dominican Veteran of America was next to speak. He thanked those who served in the military, and added it's up to everyone to support our veterans who gave us the freedom we have and enjoy. Rabbi Pewzner who gave the invocation was then called up to give the closing prayer. 

Joseph Ronda veteran of the USMC has taken over the duties of running the Peace Plaza Veterans and Memorial Day ceremonies from Silvio Mazzella a founder of the Morris Park Peace Plaza. 

God Bless America is sung by all in attendance.

Rabbi Pewzner of the Bronx Jewish Center gives the Invocation, and also gave the closing prayer. 

Veteran Gene DeFrancis gave a short speech about his job while he was in service to his country.

Veteran Sammy Ravelo reminds everyone why it is important to support the veterans who allow us the freedoms we have.

A very patriotic woman wears the American flag during the Veterans Day ceremony.

Last, but not least, Kenny Agosto of the Bronx Borough President's office says a few words for BP Vanessa Gibson.

 

Russian and Canadian National Charged for Participation in Lockbit Global Ransomware Campaign

 

A Russian and Canadian national has been charged with participating in the LockBit global ransomware campaign, U.S. Attorney Philip R. Sellinger, Deputy Attorney General Lisa O. Monaco, Assistant Attorney General Kenneth A. Polite, and FBI-Newark Special Agent in Charge James E. Dennehy announced today.

Mikhail Vasiliev, 33, of Bradford, Ontario, Canada, is charged by complaint unsealed today in Newark federal court with conspiring with others to intentionally damage protected computers and to transmit ransom demands in connection with doing so. He was arrested Nov. 9, 2022, is awaiting extradition proceedings to bring him to the District of New Jersey.

“International ransomware threats like LockBit are the most pressing cybercrime challenge facing law enforcement today,” U.S. Attorney Sellinger said. “These attacks cause disruption and damage to their victims that far exceed the dollar figures of ransom demands or payments, which are themselves significant. However, the United States is up for this challenge and will use all legal means to find the perpetrators of these attacks and bring them to justice.”

“This arrest is the result of over two-and-a-half-years of investigation into the LockBit ransomware group, which has harmed victims in the United States and around the world,” Deputy Attorney General Lisa O. Monaco said. “It is also a result of more than a decade of experience that FBI agents, Justice Department prosecutors, and our international partners have built dismantling cyber threats. Let this be yet another warning to ransomware actors: working with partners around the world, the Department of Justice will continue to disrupt cyber threats and hold perpetrators to account. With our partners, we will use every available tool to disrupt, deter, and punish cyber criminals.”

“Cyber criminals who damage protected systems, exploit privileged information, or hold for ransom important files and data are a threat to our way of life,” FBI-Newark Special Agent in Charge James E. Dennehy said. “The FBI will not stand idly by while companies and government entities are bled dry or while their systems are corrupted by these criminal opportunists. We will utilize every tool in our arsenal – including our global partnerships – to shut down these types of schemes.”

According to documents filed in this case and statements made in court:

LockBit is a ransomware variant that first appeared as early as January 2020 and has been deployed against over 1,000 victims in the United States and around the world. LockBit members have made at least $100 million in ransom demands to those victims and have extracted tens of millions of dollars in actual ransom payments from those victims. The FBI has been investigating the LockBit conspiracy since in or around March 2020. Vasiliev participated in the LockBit campaign by conspiring with others to intentionally damage protected computers and to transmit ransom demands.

The charge of conspiring to intentionally damage protected computers and to transmit ransom demands is punishable by a maximum of five years in prison and a maximum fine of $250,000, or twice the gross pecuniary gain or loss from the scheme, whichever is greatest.

U.S. Attorney Sellinger credited the Newark Cyber Crimes Task Force, under the direction of Special Agent in Charge Dennehy, with the investigation leading to the charges.  U.S. Attorney Sellinger also thanked FBI Atlanta, FBI Pittsburgh, FBI Miami, the FBI’s Legal Attaché-Ottawa, the Jersey City Police Department, New Jersey State Police, New Jersey Office of Homeland Security and Preparedness, and members of the U.S. Attorney’s Office for the Northern District of Georgia and of the U.S. Attorney’s Office for the Western District of Pennsylvania for their assistance. The Justice Department’s Office of International Affairs provided valuable assistance in securing Vasiliev’s arrest.

The charges and allegations contained in the complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.

Approximately 50 Pounds of Fentanyl/Heroin Seized at Drug Stash Apartment in the Bronx

 

Narcotics concealed inside coffee table outfitted with hidden trap compartment 

A Bronx man was arrested in connection with the seizure of approximately 23 kilograms of fentanyl/heroin (50 pounds) from an apartment located near Van Cortlandt Park in the Bronx. The narcotics carry an estimated street value of $7 million. 

Bridget G. Brennan, New York City’s Special Narcotics Prosecutor, Frank A. Tarentino III, Special Agent in Charge of the U.S. Drug Enforcement Administration’s (DEA) New York Division, New York City Police Commissioner Keechant L. Sewell and New York State Police Acting Superintendent Steven A. Nigrelli announced the arrest following a short term investigation by the DEA’s New York Drug Enforcement Task Force (NYDETF) Group T-21.

A criminal complaint filed by the Office of the Special Narcotics Prosecutor (SNP) charges SAMUEL ROJAS-CAMACHO with Criminal Possession of a Controlled Substance in the First and Third Degrees and Criminally Using Drug Paraphernalia in the Second Degree. ROJAS-CAMACHO was arrested the night of Monday, November 7, 2022 and arraigned in Manhattan Criminal Court on the night of Tuesday, November 8, 2022. 

“This case illustrates how narcotics flow from state to state, with large amounts of fentanyl and heroin continuing to flood New York City. Traffickers take great pains to conceal drug shipments that sell for millions of dollars, in this case inside a table outfitted with a hidden trap compartment,” said Special Narcotics Prosecutor Bridget G. Brennan. “Overdose rates remain at record-high levels, with the majority of deaths attributed to fentanyl.”

Special Prosecutor Brennan thanked Bronx District Attorney Darcel D. Clark and commended SNP’s Trial Division and DEA’s NYDETF, including members of DEA New York Division, the New York City Police Department and the New York State Police, for their work on the investigation. 

“This apartment contained 23 kilograms/50lbs of fentanyl/heroin concealed in a secret compartment of a coffee table,” said DEA Special Agent in Charge Frank Tarentino. “Removing this fentanyl/heroin from our streets is the equivalent of saving thousands of lives. Rojas-Camacho is one of many drug traffickers in our city who spread poison throughout our communities. I applaud the efforts our law enforcement officers, agents, and prosecutors who investigate and arrest those responsible for fueling drug poisonings.”

Pursuant to the investigation, agents and officers stopped a green Jaguar sedan at the southwest corner of Jerome Avenue and East 233rd Street at approximately 9 p.m. on November 7, 2022. ROJASCAMACHO was a passenger in the vehicle. The investigation revealed that he had allegedly travelled out of state that same day. ROJAS-CAMACHO had previously been observed on video surveillance entering and exiting the lobby of an apartment building located at 3535 Dekalb Avenue, a suspected drug stash location, on approximately three occasions.

At approximately 10 p.m., members of NYDETF Group T-21 arrived at 3535 Dekalb Avenue, Apt. 5B, and conducted a search, recovering approximately 11 brick-shaped packages of fentanyl/heroin containing approximately one kilogram of narcotics each, 5 hockey puck-shaped packages containing fentanyl/heroin, and a large plastic bag containing fentanyl/heroin. The packages and large bag of narcotics were found inside a concealed compartment in a coffee table. 

A shoebox in the bedroom contained an additional quantity of fentanyl/heroin. Street ready glassine envelopes stamped with the brand name “Skull Crusher,” empty glassines and plastic bags of fentanyl/heroin were also recovered from the bedroom closet. 

A subsequent field test on some of the narcotics yielded positive results for fentanyl and heroin. Further analysis is pending. 

All of the equipment and paraphernalia necessary for packaging narcotics was present in the apartment, such as coffee grinders, rubber gloves, an air purifier and a scale. Bank receipts and medicine bottles in ROJAS-CAMACHO’s name were also recovered.

At the time of arraignment on November 9, 2022, a Manhattan Criminal Court judge set bail at $100,000 cash/$100,000 bond/$200,000 partially secured bond.

Defendant                                      Charges

Samuel Rojas-Camacho          CPCS 1st – 1 ct 

Bronx, NY                                 CPCS 3rd – 1 ct

Age: 59            Criminally Using Drug Paraphernalia 2nd – 2 cts

The charges and allegations are merely accusations and the defendant is presumed innocent until proven guilty.