MAYOR ADAMS CELEBRATES PASSAGE OF OUTDOOR DINING BILL

 

New York City Mayor Eric Adams today released the following statement after the New York City Council passed Intro. 31-C — sponsored by New York City Councilmember Marjorie Velázquez and introduced at the request of the mayor — that will create a permanent outdoor dining program in New York City.

 

“Outdoor dining is here to stay in New York City — and after decades of deliberation and a temporary program that showed us so much potential, I’m proud to lead the administration that will deliver a superior permanent outdoor dining product to New Yorkers and all those visiting the five boroughs.

 

“The temporary program saved 100,000 jobs, kept restaurants afloat during the peak of the pandemic, and brought new energy and excitement to our streets and sidewalks. But it wasn’t perfect — too many sheds were abandoned and left to rot and too few lived up to our vision of what our streets should look like. And a legal ruling just this week made it even more clear: This is our moment to transition to a permanent program that works for our restaurants, our workers, and our communities.

 

“This bill preserves the best parts of the temporary program and eliminates the worst. We will create a vibrant, clean, and safe streetscape; give restaurants the clarity they need to continue serving their customers; and make New York City the best outdoor dining city in the world. I’m grateful to the restaurant owners, community leaders, and everyday New Yorkers who’ve fought for this program for years, and to Councilmember Marjorie Velázquez and the City Council for their partnership to ‘Get Stuff Done.’”

NYS OASAS ANNOUNCES OPENING OF NEW COMPREHENSIVE INTEGRATED OUTPATIENT TREATMENT PROGRAM IN BROOKLYN

 

Center for Community Alternatives Wellness Center is Part of New Initiative to Establish Programs that Provide Multiple Services for Addiction in One Location

The New York State Office of Addiction Services and Supports (OASAS) announced the opening of the Wellness Center, a new comprehensive integrated outpatient treatment program in Brooklyn. Operated by the Center for Community Alternatives, this facility will allow individuals to access a wide range of services without the need to travel to multiple providers. 

“The development of these programs is allowing us to provide comprehensive services including medication for addiction treatment, which is safe, effective, and proven to save lives,” OASAS Commissioner Dr. Chinazo Cunningham said. “The opening of the Wellness Center will help people in the Brooklyn area better access the individualized help that they need, closer to home, and support their long-term health.”

Services offered at the Wellness Center, located at 25 Chapel Street, Suite 701 in Brooklyn, include all types of medication for addiction treatment, mental health counseling, court advocacy, health education, and employment support, delivered by a team of medical experts and peers.

This program is part of a more than $17 million initiative by OASAS to establish up to 41 of these programs across New York State. These programs are designed to centralize medication treatment, including methadone, and other addiction and healthcare services to make it easier for New Yorkers seeking treatment for substance use disorders to access multiple services in one location.

 

Funding for this program was provided through the Federal Substance Abuse Prevention & Treatment Block Grant Supplemental award and is being administered by OASAS. 

“Center for Community Alternatives’ new Wellness Center is New York’s first integrated opioid treatment program facilitated by an organization that works to build power among those who have been impacted by mass incarceration, criminalization, and community disinvestment,” CCA Executive Director, David Condliffe said. “People who use drugs have faced stigma, discrimination, and degradation for decades, which has only pushed them further into the margins. CCA proudly offers medicine for opioid use disorder as a stabilizing piece of a holistic wellness plan, including mental health counseling, court advocacy, health education, and employment support. Over the years, we commit to growing this Wellness Center into a nationwide leader in harm-reduction and innovation to advance best practices that we learn by listening to our participants and collaborating with cutting-edge global health practitioners.”

The New York State Office of Addiction Services and Supports oversees one of the nation’s largest substance use disorder systems of care with approximately 1,700 prevention, treatment and recovery programs serving over 731,000 individuals per year. This includes the direct operation of 12 Addiction Treatment Centers where our doctors, nurses, and clinical staff provide inpatient and residential services to approximately 8,000 individuals per year.

New Yorkers struggling with an addiction, or whose loved ones are struggling, can find help and hope by calling the state’s toll-free, 24-hour, 7-day-a-week HOPEline at 1-877-8-HOPENY (1-877-846-7369) or by texting HOPENY (Short Code 467369). 

Available addiction treatment including crisis/detox, inpatient, residential, or outpatient care can be found using the NYS OASAS Treatment Availability Dashboard at FindAddictionTreatment.ny.gov or through the NYS OASAS website.  

If you, or a loved one, have experienced insurance obstacles related to treatment or need help filing an appeal for a denied claim, contact the CHAMP helpline by phone at 888-614-5400 or email at ombuds@oasas.ny.gov.

Governor Hochul Announces $108 Million Available for Schools to Address Pandemic Learning Loss and Support Mental Health

 

Establishes the Recover from COVID School Program Grants

$100 Million to Create or Expand Programs to Help Students Address Trauma from COVID-19 Pandemic

$8.3 Million to Create and Support New School-Based Mental Health Clinics

Advances Governor’s State of the State Priority to Expand Mental Health Support

Governor Kathy Hochul today announced $108 million is available for school districts to support student well-being through expanding mental health supports. The new State matching fund, the $100 million Recover from COVID School Program, will provide funding to create or expand programs to help students address trauma caused by the pandemic, prioritizing school districts with the highest need. Additionally, a portion of the $100 million Recover from COVID School Program is available to address student learning loss exacerbated by the pandemic. Governor Hochul is also expanding school-based mental health clinics across the state through an $8.3 million investment within her historic $1 billion mental health plan. Today’s announcement of funding advances one of Governor Hochul’s State of the State priorities to expand mental health support for students and school staff.

"The effects of the pandemic on our students were devastating and irreversible – that's why we’re making historic investments to address learning loss and expand mental health support in our schools,” Governor Hochul said. “By pinpointing where students have fallen behind and getting them the mental health resources they need, this funding will help put New York students back on the path towards success.”

Individual school districts or BOCES, a consortium of school districts or BOCES, or any combination of these entities may apply for the Mental Health Recover from COVID School Program (RECOVS) Grant and the Learning Loss RECOVS Grant. A total of $100 million in funding is available to support these RECOVS grants.

The Mental Health RECOVS Grant objectives charge school districts and BOCES applicants to:

1. Expand student access to school-based mental health professionals, evidence-based and evidence-informed interventions, programming, services, supports and practices that promote mental health and wellness
2. Improve capacity for school staff and students to identify mental health concerns and increase help-seeking behaviors
3. Implement a variety of evidence-based and evidence-informed school-based mental health interventions and practices that are culturally, linguistically, and trauma responsive while promoting student diversity, equity, and inclusion
4. Ensure financial stability and continuation of student access to evidence-based and evidence-informed school-based mental health interventions, programs services, and supports beyond the second and final year of the RECOVS Mental Health Grant Program

The Learning Loss RECOVS Grant objectives charge school districts and BOCES applicants to:

1. Expand student access to academic recovery professionals, evidence-based and evidence-informed interventions, programming, services, supports and promising practices that counter learning loss
2. Improve capacity for school staff and students to identify learning loss, and increase student and staff resourcefulness and skills in seeking, receiving, and providing academic recovery supports
3. Implement a variety of evidence-based and evidence-informed school-based learning loss and academic recovery practices that are culturally, linguistically, and trauma responsive while promoting student diversity, equity, and inclusion
4. Ensure financial stability and continuation of evidence-based and evidence-informed school-based academic recovery opportunities for students continuing to experience learning loss beyond the second and final year of the RECOVS Learning Loss Grant Program

Funding will be awarded over two years ($50 million annually). Application submissions are due by August 18, 2023, at 5pm. More information and application details can be found here. Funding for RECOVS was included in New York State’s enacted budget for State Fiscal Year 2022-2023.

Additionally, $8.3 million is available for grants to create school-based mental health clinics. The New York State Office of Mental Health (OMH) today issued a Request for Applications to provide up to $25,000 in start-up costs for OMH-licensed providers to create new school-based mental health clinic satellites and to support recently established school-based mental health clinic satellites. An additional $20,000 ($45,000 total) will be available for clinics being established in high-needs districts where more than 50 percent of the students are economically disadvantaged. Application submissions are due by October 5, 2023 at 1pm. More information and application details can be found here.

Earlier this year, Governor Hochul directed OMH and the Office of Children and Family Services (OCFS) to conduct a state-wide Youth Mental Health Listening Tour to receive direct input from middle and high school students on how their schools can better promote student wellness.

OMH and OCFS compiled information they gathered during the Listening Tour and presented a report to the Governor on their findings. School-based mental health clinics were frequently mentioned during the listening sessions by students, parents, caregivers and mental health advocates as a way to help young people struggling with mental health issues. The Governor released the report during the first-ever New York State Summit on Youth Mental Health which was attended by more than 1,000 mental health professionals, advocates and other stakeholders.

The Fiscal Year 2024 Budget provides a historic $34.5 billion to New York’s schools, the highest level of State aid in history, to help give every student the tools to succeed through a high-quality education. The 2024 Budget also provides $30 million to expand mental health services for school-aged children throughout the state, including $20 million for school-based mental health services and $10 million to implement wraparound services training. The Budget also closes gaps in insurance coverage that have posed a barrier to New Yorkers needing mental health care and substance use disorder services. Among several critical changes outlined in the Budget, commercial insurance plans will be required to cover services provided in school-based mental health clinics.

NYS Office of the Comptroller DiNapoli Releases Report on Casinos' Impact on Upstate Local Tax Revenues

 

From 2017 to 2022 New York’s four licensed casinos brought $176 million in gaming tax revenue to host and regional local governments, but only the three smaller towns that host casinos realized significant fiscal benefits relative to their overall revenue, a report from State Comptroller Thomas P. DiNapoli highlights.

“Casinos are not a magic fix that will solve local fiscal challenges,” DiNapoli said. “While casinos have generated local gaming tax revenue, the impacts vary for the communities that receive such revenues. It’s my hope that this report gives state and local officials a clearer perspective that can help potential host communities avoid the pitfalls that arise with misguided expectations about the public benefits of casinos. They are not a sure bet.”

DiNapoli’s 2020 report on gaming revenues showed that all four current casinos — del Lago Resort and Casino, Rivers Casino and Resort, Resorts World Catskills, and Tioga Downs Casino — had fallen well short of the projected gross revenues on which local taxes are levied. Three years later, these revenues and tax contributions continue to lag expectations reaching only 50-60% of initial expectations, with the sole exception of Tioga Downs in the Southern Tier. 

Despite the shortfall in expected collections, local governments did benefit, with the three small host towns receiving the most compared to the size of their total revenues. In the host towns— Nichols, Tyre and Thompson—gaming tax revenue made up 30-60% of total revenue, allowing them to dramatically cut property taxes. In contrast, in the larger host city of Schenectady, as well as the four host counties, gaming tax was a much smaller percentage of local revenue, just 1-3% of their total revenue. For regional non-host counties, casino taxes generally amounted to less than 0.5% of their total revenue.

Although the pandemic contributed to the shortfall, with casinos shut down for six months in 2020 followed by capacity restrictions that were not fully lifted until June 2021, all four casinos saw gross gaming revenues exceed pre-pandemic levels in 2022. That did not translate into greater local gaming taxes, however, because state amendments to New York’s gaming law allowed casinos to keep a greater percentage of their gross revenue by asking for cuts in their tax rates for Slot & Electronic Table Games (ETG) to 30%, which three did. A bill to reduce Tioga Downs’ Slot & ETG tax rate to 30% is currently pending Executive approval. The tax cuts reduced collections by a combined $41.9 million in 2022, including $8.4 million that would have gone to local governments.

DiNapoli’s report underscored the importance of realistic fiscal planning by localities regarding expectations for gaming revenues. DiNapoli’s audits of two host towns found issues including budgeting challenges associated with gaming revenue and the need for proper, multi-year financial planning.

For the municipalities which will host the soon-to-be awarded Downstate casinos, an appropriate plan for the new revenue will be key.

The report did not examine the non-financial impacts of hosting a casino on issues like gambling addiction or quality of life issues. Comptroller DiNapoli will be releasing a report that looks at those issues later this year.

Report

Revenue Impact of Commercial Casinos on Upstate Local Governments

Related Reports and Audits

Oversight of Casino Revenues and Regulatory Oversight Reimbursement Collections (January 2020)

Oversight of Casino Revenues and Regulatory Oversight Reimbursement Collections – Follow-up (May 2021)

A Question of Balance: Gambling Revenues and Problem Gambling in New York State (November 2020)

Two U.S. Navy Servicemembers Arrested for Transmitting Military Information to the People’s Republic of China

 

In two separate cases in the Southern and Central Districts of California, two U.S. Navy servicemembers were arrested for transmitting sensitive military information to the People’s Republic of China (PRC).

“These individuals stand accused of violating the commitments they made to protect the United States and betraying the public trust, to the benefit of the PRC government,” said Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division. “The Department of Justice will continue to use every tool in our arsenal to counter threats from China and to deter those who aid them in breaking our laws and threatening our national security.”

“These arrests are a reminder of the relentless, aggressive efforts of the People’s Republic of China to undermine our democracy and threaten those who defend it,” said Assistant Director Suzanne Turner of the FBI’s Counterintelligence Division. “The PRC compromised enlisted personnel to secure sensitive military information that could seriously jeopardize U.S. national security. The FBI and our partners remain vigilant in our determination to combat espionage, and encourage past and present government officials to report any suspicious interactions with suspected foreign intelligence officers.”

United States v. Jinchao Wei, Southern District of California

A U.S. Navy sailor, Jinchao Wei, aka Patrick Wei, was arrested yesterday on espionage charges as he arrived for work at Naval Base San Diego, the homeport of the Pacific Fleet. He was indicted for conspiracy to send national defense information to an intelligence officer working for the People’s Republic of China.

The indictment, unsealed this morning, alleges that Wei, was an active-duty sailor on the amphibious assault ship the U.S.S. Essex stationed at Naval Base San Diego. In his role as a machinist’s mate, Wei held a U.S. security clearance and had access to sensitive national defense information about the ship’s weapons, propulsion and desalination systems. Amphibious assault ships like the Essex resemble small aircraft carriers and allow the U.S. military to project power and maintain presence by serving as the cornerstone of the U.S. Navy’s amphibious readiness and expeditionary strike capabilities.

According to the indictment, in February 2022, Wei began communicating with an intelligence officer from the PRC who requested that Wei provide information about the U.S.S. Essex and other Navy ships. Specifically, the Chinese intelligence officer tasked Wei with passing him photos, videos and documents concerning U.S. Navy ships and their systems. The two agreed to hide their communications by deleting records of their conversations and using encrypted methods of communication.

At the request of the intelligence officer, between March 2022 and the present, Wei sent photographs and videos of the Essex, disclosed the locations of various Navy ships and described defensive weapons of the Essex. In exchange for this information, the intelligence officer paid Wei thousands of dollars over the course of the conspiracy.

The indictment further alleges that in June 2022, Wei sent the intelligence officer approximately 30 technical and mechanical manuals. These manuals contained export control warnings and detailed the operations of multiple systems aboard the Essex and similar ships, including power, steering, aircraft and deck elevators, as well as damage and casualty controls. The intelligence officer confirmed with Wei that at least 10 of those manuals were useful to him. For passage of those materials, the indictment alleges that Wei was paid $5,000.

In June 2022, the intelligence officer requested that Wei provide information about the number and training of U.S. Marines during an upcoming international maritime warfare exercise. In response to this request, Wei sent multiple photographs of military equipment to the intelligence officer.

In August 2022, Wei sent an additional 26 technical and mechanical manuals related to the power structure and operation of the Essex and similar ships. The manuals contained warnings that this was technical data subject to export controls and that it was deemed “critical technology” by the U.S. Navy.

The indictment further alleges that in October 2022, Wei sent a technical manual to the intelligence officer describing the layout and location of certain departments, including berthing quarters and weapons systems. Specifically, Wei sent a weapons control systems manual for the Essex and similar ships. This manual contained export-controlled data that could not be exported without a license from the U.S. government. The indictment alleges that Wei knowingly violated the International Traffic in Arms Regulations by transmitting this manual to the Chinese intelligence officer without obtaining a required license. 

The intelligence officer continued to request information in 2023, including information about the overhaul and upgrades to the Essex. Specifically, he requested blueprints, especially those related to modifications to the flight deck. Wei provided information related to the repairs the Essex was undergoing, as well as other mechanical problems with similar vessels.

During the alleged conspiracy, the intelligence officer instructed Wei to gather U.S. military information that was not public and admonished him not to discuss their relationship and to destroy any evidence regarding the nature of their relationship and their activities.

“We have entrusted members of our military with tremendous responsibility and great faith,” said U.S. Attorney Randy Grossman for the Southern District of California. “Our nation’s safety and security are in their hands. When a soldier or sailor chooses cash over country, and hands over national defense information in an ultimate act of betrayal, the United States will aggressively investigate and prosecute.”

U.S. Attorney Grossman thanked the prosecution team and investigating agencies for their excellent work on this case.

The FBI and Naval Criminal Investigative Service (NCIS) investigated the case.

Assistant U.S. Attorneys John Parmley and Fred Sheppard for the Southern District of California and Trial Attorney Adam Barry of the National Security Division’s Counterintelligence and Export Control Section are prosecuting the case.

United States v. Wenheng Zhao, Central District of California

A U.S. Navy servicemember, Petty Officer Wenheng Zhao, aka Thomas Zhao, 26, of Monterey Park, California, was arrested following an indictment by a federal grand jury, charging him with receiving bribes in exchange for transmitting sensitive U.S. military information to an individual posing as a maritime economic researcher, but who was actually an intelligence officer from the PRC.

The indictment alleges that Zhao, who worked at Naval Base Ventura County in Port Hueneme and held a U.S. security clearance, received bribes from a Chinese intelligence officer in exchange for violating his official duties as a U.S. sailor by, among other actions, disclosing non-public sensitive U.S. military information.

Beginning in August 2021 and continuing through at least May 2023, at the Chinese intelligence officer’s direction, Zhao allegedly violated his official duties to protect sensitive military information by surreptitiously recording, and then transmitting to the intelligence officer, U.S. military information, photographs and videos. According to the indictment, the Chinese intelligence officer told Zhao that the intelligence officer was a maritime economic researcher seeking the information for investment decisions.

In exchange for bribes, Zhao allegedly sent the Chinese military officer non-public and controlled operational plans for a large-scale U.S. military exercise in the Indo-Pacific Region, which detailed the specific location and timing of Naval force movements, amphibious landings, maritime operations and logistics support.

The indictment further alleges that in exchange for bribes, Zhao also photographed electrical diagrams and blueprints for a radar system stationed on a U.S. military base in Okinawa, Japan.

The intelligence officer allegedly directed Zhao to conceal their relationship and to destroy evidence of the unlawful and corrupt scheme.

In exchange for the sensitive information Zhao provided – information Zhao accessed as a result of his position within the U.S. Navy – the Chinese intelligence officer paid Zhao approximately $14,866, the indictment alleges.

“By sending this sensitive military information to an intelligence officer employed by a hostile foreign state, the defendant betrayed his sacred oath to protect our country and uphold the Constitution,” said U.S. Attorney Martin Estrada for the Central District of California. “Unlike the vast majority of U.S. Navy personnel who serve the nation with honor, distinction and courage, Mr. Zhao chose to corruptly sell out his colleagues and his country.”

If convicted, Zhao faces a maximum penalty of 20 years in prison. 

The FBI Los Angeles Field Office’s Counterintelligence and Cyber Division and NCIS investigated the case. IRS Criminal Investigation provided substantial assistance. 

Assistant U.S. Attorneys Annamartine Salick, Sarah Gerdes, Christine Ro and Kathrynne Seiden of the Terrorism and Export Crimes Section for the Central District of California are prosecuting this case. Trial Attorney Adam Barry of the National Security Division’s Counterintelligence and Export Control Section is providing substantial assistance.

An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

Former NBA Player Terrence Williams Sentenced To 10 Years In Prison For Defrauding The NBA Players’ Health And Welfare Benefit Plan

 

 Damian Williams, the United States Attorney for the Southern District of New York, announced that TERRENCE WILLIAMS was sentenced today by U.S. District Judge Valerie E. Caproni to 10 years in prison for leading a sprawling scheme to defraud the National Basketball Association’s (“NBA”) health and welfare benefit plan out of more than $5 million.  WILLIAMS previously pled guilty to conspiracy to commit health care and wire fraud and aggravated identity theft.

U.S. Attorney Damian Williams said: “Williams led a wide-ranging scheme to steal millions of dollars from the NBA Players’ Health and Welfare Benefit Plan.  Williams recruited medical professionals and others to expand his criminal conspiracy and maximize his ill-gotten gains.  Williams not only lined his pockets through fraud and deceit, but he also stole the identities of others and threatened a witness to further his criminal endeavors.  For his brazen criminal acts, Williams now faces years in prison.”   

According to the Indictment, public court filings, and statements made in court:

The NBA Players’ Health and Welfare Benefit Plan is a health care plan providing benefits to eligible active and former players of the NBA and their family members.  From at least 2017 through at least 2021, TERRENCE WILLIAMS and more than a dozen others engaged in a widespread scheme to defraud the Plan by submitting and causing to be submitted fraudulent claims for reimbursement of medical and dental services that were not actually rendered.  Over the course of the scheme, the defendants submitted and caused to be submitted to the Plan false claims totaling at least approximately $5 million.

WILLIAMS orchestrated the scheme to defraud the Plan.  WILLIAMS recruited other Plan participants to defraud the Plan by offering to provide them with false invoices to support their fraudulent claims.  WILLIAMS’s co-defendants, including a dentist in California and doctors in California and Washington State, provided WILLIAMS with fraudulent invoices that WILLIAMS sent to other co-conspirators.  WILLIAMS also recruited non-medical professionals to copy invoices made by medical offices, which WILLIAMS provided to co-conspirators, and which were used to defraud the Plan.  WILLIAMS conspired with others to submit fraudulent claims to the Plan in exchange for kickback payments to WILLIAMS of at least $300,000.

To verify that certain services were medically necessary, the Plan sometimes requires participants to provide a letter of medical necessity from medical providers, establishing that necessity of the provided services.  WILLIAMS fraudulently created and transferred letters of medical necessity for three co-conspirators.

WILLIAMS also impersonated others in furtherance of the scheme.  WILLIAMS pretended to be employees of the Plan’s administrative manager.  In one instance, WILLIAMS created an email account designed to appear to be an email account used by the Plan’s administrative manager.  WILLIAMS used that account to attempt to frighten a co-defendant so that the co-defendant would re-engage with WILLIAMS and would pay kickbacks to WILLIAMS.

On other occasions, WILLIAMS used another email account he created to threaten another co-defendant — a doctor who created fraudulent invoices for WILLIAMS.  WILLIAMS used this email account to pretend to be employees of the Plan’s administrative manager and demand that this co-defendant pay WILLIAMS a “fine” or the “employees” would tell the authorities about the submission of fraudulent invoices.  Through these threats and deception, WILLIAMS obtained approximately $346,000 from this particular co-defendant.

In or about April 2022, after WILLIAMS was charged and arrested in this case and while on pretrial release, WILLIAMS texted threats to a witness, including that the witness was “talking way to[o] f[---]ing much,” to “shut the f[--]k up,” and “me spitting in your face is exactly what you’ll see.”  Following a motion by the Government on May 6, 2022, as a result of this obstructive conduct, Judge Caproni remanded WILLIAMS.

In addition to his prison term, WILLIAMS, 36, of Seattle, Washington, was sentenced to three years of supervised release and ordered to forfeit $653,672.55 and to pay restitution in the amount of $2,500,000. 

Mr. Williams praised the outstanding investigative work of the Federal Bureau of Investigation.

Attorney General James, DEC Commissioner Seggos Secure $2.8 Million from New York Company for Air and Water Pollution in Delaware County

 

Joint Settlement with the Federal Government Will Require FrieslandCampina to Drastically Cut Air and Water Pollution in Delaware County

New York Attorney General Letitia James and New York State Department of Environmental Conservation (DEC) Commissioner Basil Seggos today announced a settlement with FrieslandCampina Ingredients North America, Inc. (Friesland) over numerous violations of state and federal environmental laws at its facility in Delhi, New York. For years, Friesland’s manufacturing facility was emitting dangerous air and water pollution into the surrounding community, putting public health at risk. The proposed consent decree, reached with the U.S. Environmental Protection Agency, the U.S. Department of Justice, and the state of New York, requires Friesland to come into full compliance with environmental protection laws and pay a penalty of $2.88 million. New York will receive $1.44 million to fund projects that benefit public health and the environment in the Delhi area.

“Every New Yorker has a fundamental right to clean air and water, and companies have a fundamental obligation to protect public health and the environment wherever they operate,” said Attorney General James. “For years, FrieslandCampina ignored their obligation and the law, and as a result, put New Yorkers at substantial risk. This settlement reflects my office’s continuing commitment to protecting the environment and holding those who break our environmental and public health laws fully accountable. I want to thank the Department of Justice and the New York Department of Environmental Conservation for their continued partnership in this effort.”

“DEC is committed to ensuring the safety of New York’s air and water for all and will continue to work hand-in-hand with our state and federal partners to hold those who violate our strict environmental laws accountable,” said Commissioner Seggos. “Thanks to the partnership with Attorney General James, U.S. Environmental Protection Agency, and the U.S. Department of Justice, this joint enforcement action and substantial penalty will require FrieslandCampina to improve its operations, protect Delhi residents, and fund projects that will benefit the environment in the surrounding community.”

Despite being a major emitter of toluene — a toxic chemical listed as a hazardous air pollutant under the federal Clean Air Act — Friesland violated both the Clean Air Act and state laws by, among other things, failing to accurately report these emissions, failing to obtain the proper air permits for them, and failing to install necessary technologies to limit the air releases of toluene. Exposure to toluene can damage the nervous system and harm kidney, liver, and immune function. Toluene emissions also contribute to the formation of ground-level ozone, or “smog,” and are harmful to public health and the environment. 

Friesland’s water discharges also routinely violated the federal Clean Water Act by containing pollutants at levels that threatened drinking water supplies and the local aquatic environment. On multiple occasions, the facility discharged cooling water at temperatures that exceeded limits in its New York-issued permit and introduced untreated pollutants into the Village of Delhi’s wastewater treatment plant in quantities that can pass through or interfere with treatment. All these discharges were released, either directly or indirectly, to the West Branch of the Delaware River — a world-class wild trout fishery and part of the New York City water supply system. 

As a result of state and federal governments’ enforcement action, Friesland has already completed approximately $6 million of work to come into compliance with its requirements under state and federal environmental law. This includes installing equipment to reduce toluene emissions by 95 percent and upgrading treatment of its process wastewaters. In today’s settlement, Friesland committed to spend an additional roughly $1.44 million to help reduce the company’s discharges of heated water into the West Branch of the Delaware River by 85 percent.

Attorney General James and Commissioner Seggos thank the U.S. Environmental Protection Agency and Department of Justice for their collaboration and partnership on this matter.

Attorney General James has been a leader in fighting to protect New Yorkers' access to clean water and a clean environment. She recently joined a bipartisan, multistate coalition opposing a proposed settlement with 3M for contaminating drinking water supplies. This past February, Attorney General James obtained a preliminary injunction against an aggregate manufacturing and hazardous waste incineration facility requiring the facility to install a dust control system to prevent harmful air emissions of microscopic particles and crystalline silica. This past March, Attorney General James led a lawsuit with DEC Commissioner Seggos against 29 New York companies for illegally dumping waste. In May 2022, Attorney General James brought a lawsuit against three New York City bus companies for violating city and state bus idling laws and causing significant air pollution. In May 2020, Attorney General James led a coalition of nine attorneys general to sue the Trump administration for limiting enforcement of environmental protection laws.

Statement from Governor Hochul in Response to Long Island Rail Road Derailment

 

"I have been briefed on the train derailment on the Long Island Rail Road near Jamaica Station this morning. State personnel, including MTA officials, are currently at the scene assisting with emergency response and responding to injuries. Our top priority is ensuring all passengers and railroad workers are safe and that train service resumes as quickly as possible."