Governor Hochul Updates New Yorkers on State's Progress Combating COVID-19 - AUGUST 24, 2022

 Governor Encourages New Yorkers To Keep Using the Tools To Protect Against and Treat COVID-19: Vaccines, Boosters, Testing, and Treatment

16 Statewide Deaths Reported Yesterday

 Governor Kathy Hochul today updated New Yorkers on the state's progress combating COVID-19.  

"With school coming back into session and the summer season coming to a close, I encourage all New Yorkers to keep using the tools we know that work to protect against COVID-19," Governor Hochul said. "Remember to get vaccinated or boosted when you're eligible if you haven't already. Test if you have symptoms, and if you do test positive, talk to your doctor about potential treatment. By remaining vigilant and responsible, New Yorkers will beat this virus."  

Earlier this week, Governor Hochul announced updated COVID-19 guidance and frequently asked questions for schools and childcare facilities that aligns with the new CDC recommendations. Among other things, this guidance specifies that asymptomatic children exposed to COVID-19 no longer need to quarantine and that isolation is now only advised for individuals that have tested positive for the virus. Read the updated guidance and frequently asked questions here. 

Today's data is summarized briefly below:   

• Cases Per 100k - 23.70
• 7-Day Average Cases Per 100k - 22.78
• Test Results Reported - 57,547
• Total Positive - 4,632 
• Percent Positive - 7.86%**
• 7-Day Average Percent Positive - 6.34%**
• Patient Hospitalization - 2,420 (-39)
• Patients Newly Admitted - 406
• Patients in ICU - 255 (-5)
• Patients in ICU with Intubation - 99 (+0)
• Total Discharges - 334,677 (367)
• New deaths reported by healthcare facilities through HERDS - 16
• Total deaths reported by healthcare facilities through HERDS - 57,531

** Due to the test reporting policy change by the federal Department of Health and Human Services (HHS) and several other factors, the most reliable metric to measure virus impact on a community is the case per 100,000 data -- not percent positivity.  

The Health Electronic Response Data System is a NYS DOH data source that collects confirmed daily death data as reported by hospitals, nursing homes and adult care facilities only.    

Important Note: Effective Monday, April 4, the federal Department of Health and Human Services (HHS) is no longer requiring testing facilities that use COVID-19 rapid antigen tests to report negative results. As a result, New York State's percent positive metric will be computed using only lab-reported PCR results. Positive antigen tests will still be reported to New York State and reporting of new daily cases and cases per 100k will continue to include both PCR and antigen tests. Due to this change and other factors, including changes in testing practices, the most reliable metric to measure virus impact on a community is the case per 100,000 data -- not percent positivity.  

• Total deaths reported to and compiled by the CDC - 73,535       

This daily COVID-19 provisional death certificate data reported by NYS DOH and NYC to the CDC includes those who died in any location, including hospitals, nursing homes, adult care facilities, at home, in hospice and other settings.      

Each New York City borough's 7-day average percentage of positive test results reported over the last three days is as follows **:      

Borough	Sunday, Aug. 21, 2022	Monday, Aug. 22, 2022	Tuesday, Aug. 23, 2022
Bronx	7.23%	7.31%	7.29%
Kings	3.42%	3.66%	3.58%
New York	5.68%	5.59%	5.58%
Queens	7.78%	7.79%	7.78%
Richmond	7.08%	7.01%	6.74%

Comptroller Lander Releases Analysis of New York City’s June 2022 Financial Plan and Fiscal Year 2023 Adopted Budget

 

Urges depositing $800 million of additional FY22 tax revenues into long-term reserves to help prepare for a potential economic downturn, while using a modest portion of remaining Federal stimulus to reverse school budget cuts.

 New York City Comptroller Brad Lander today released an analysis of the City’s fiscal year (FY) 2023 Adopted Budget. The analysis comes at a time of ongoing economic uncertainty and mixed signals. While New York City is facing record inflation, stock market volatility and rising interest rates, the City has also benefited from stronger-than-expected tax revenue, strong job growth, rebounds in tourism levels and record numbers of new business applications.

“The pandemic’s economic impacts have exacerbated long-standing inequities in New York City. While the Fiscal Year 2023 Adopted Budget addressed several of the concerns I raised earlier in the spring, including a large deposit to our Rainy Day Fund, it still falls short in key areas that threaten the City’s long-term stability and economic growth. Our analysis shows that we can do better to secure a more resilient city, by depositing $800 million of excess FY22 tax revenue into long-term reserves, while using 11% of remaining federal stimulus dollars for education to cover $469 million in school budget cuts. That would help us prepare better, both for a future economic downturn, and for the future of our kids,” said Comptroller Brad Lander. 

The FY 2023 Adopted Budget of $101 billion is $10.44 billion less than in FY 2022 budget, predominantly driven by a reduction in COVID assistance from federal relief measures. The Adopted Budget included several changes to the Executive Budget supported by the Comptroller’s Office, including:

• A $371 million increase in the labor reserve to support annual wage increases of 1.25% as the City moves toward negotiations with all its workforce amidst high vacancies.
• An added $118 million into the rental assistance program.
• $10 million to ensure that undocumented children have access to publicly funded childcare.
• An additional $1.5 billion in long-term reserves, split equally between the Revenue Stabilization Fund (RSF) and the Retiree Health Benefit Fund (RHBF), bringing the total to $6.55 billion, or 9.4% of the City’s tax revenues.

As the City faces economic uncertainty, increasing reserves will be key to ensuring New York City is prepared to weather a fiscal storm. In addition to commending the increase to long-term reserves this year, the Comptroller’s Office reiterated the recommendation issued in a May 2022 report titled Preparing for the Next Fiscal Storm, to increase deposits to cover 16% of tax revenues and to establish a policy for regular deposits and limited withdrawals. Comptroller Lander also called for depositing $800 million in additional FY 2022 revenues identified in the Adopted Budget into long-term reserves.

Although the total budget for the Department of Education increased by $292 million from the Preliminary Budget, individual school budgets were cut by $469 million for FY 2023, a net reduction of $372 million. Comptroller Lander has repeatedly called for using federal recovery dollars for education to cover the gaps facing principals this year. The DOE continues to have over $4 billion in unused federal stimulus dollars that was allocated by Congress to provide relief and support schools through the pandemic, including over $600 million that was budgeted to be spent in FY 2022 but has not yet been spent. That one-time funding was intended to help support students during a time of loss and anxiety, and it should be used to stabilize school funding this year. The City also must have a thoughtful, transparent conversation to address long-term enrollment trends and ensure sustainable funding to support the needs of students and families.

Uncertain economic conditions, a declining stock market, under-budgeting in key areas, and recurring programs that remain unfunded in the outyears will need to be addressed in future financial plans. The Comptroller’s office projects slightly higher revenues than OMB’s forecast, but they are not sufficient to address risks and known funding shortfalls. Several programs (including rental assistance, shelter security guards, and 3K expansion) are fully funded in FY 2023 with non-recurring stimulus funding which risks the programs being under funded in future years when stimulus funding expires. The report identifies overtime, Carter Cases, homeless shelters, foster care reimbursement, paratransit, court appointed counsel, and public assistance and areas of concern for underbudgeting. The impact of historic stock market declines on NYC’s pension investment returns in FY 2022 will impose additional costs on the City’s budget beginning in FY 2024. The Comptroller’s Office projects that the City will face net risks of $869 million in FY 2023, $6.43 billion in FY 2024, $7.07 billion in FY 2025, and $9.55 billion in FY 2026.

Comptroller Lander urges the City to address these significant risks proactively through long-term planning for the City’s budget and its economic development programs, further contributions to reserves, and a thoughtful PEG program.

To read the full analysis on New York City’s FY 2023 Adopted Budget, click here.

Attorney General James and Governor Hochul Announce $2 Million Penalty Against Company That Unlawfully Operated Oil Wells

 

James Lee Ordered to Plug Hundreds of Oil Wells That Jeopardized Drinking Water in Steuben and Cattaraugus Counties 

Decision Includes Largest-Ever Financial Penalty Imposed for Well-Plugging Violations 

  New York Attorney General Letitia James and Governor Kathy Hochul today announced a $2 million judgment in a lawsuit against James R. Lee and his corporate affiliates for flagrant violations of the state’s oil and gas well regulations and endangering communities in Steuben and Cattaraugus counties. Lee and his companies were ordered by a State Supreme Court judge to pay the penalty — the largest financial penalty imposed in an oil and gas well case — and to bring his oil wells into full compliance with state laws. For years, Lee and his companies did not properly plug the wells they operated, which posed a significant danger to drinking water supplies and of releasing methane in the areas surrounding the wells.  

“This is a crucial win for our efforts to protect New York’s air and water. These unlawfully operated oil wells threatened drinking water for countless families in the Southern Tier and Western New York and posed significant harms to the environment,” said Attorney General James. “This case should make it clear that New York will stand up to anyone that threatens the health of our communities or our natural resources. I am grateful to Governor Hochul, Commissioner Seggos, and our partners at DEC for their partnership in stopping polluters and protecting the people.” 

“My administration is laser focused on taking decisive action in order to protect drinking water in communities across the state, and the record financial penalty announced today is a major victory for New York,” said Governor Hochul. “We remain steadfast in our efforts to hold accountable anyone who jeopardizes the health and safety of New Yorkers. I thank Attorney General Letitia James for her partnership in taking action to protect the public health and environment in Steuben and Cattaraugus counties.”

“This judgment is a significant day of reckoning for Lee and his companies after years of blatant disregard for New York state’s stringent requirements at hundreds of oil well sites in Steuben and Cattaraugus counties,” said DEC Commissioner Seggos. “I thank Attorney General James, her team, and my staff for their tireless work to bring this persistent violator to justice. This precedent-setting case demonstrates that New York state will leave no stone unturned in aggressively pursuing polluters and holding them accountable for the damage they wreak on our environment and communities.”

For many years, Lee and his shell corporate affiliates — Lee Oil Company, Inc., Whitesville Producing Corporation, Whitesville Production Corp., Allegro Oil & Gas Inc., and Allegro Investments Corporation — owned or operated hundreds of oil wells in Steuben and Cattaraugus counties. These unlawful operations were the subject of numerous enforcement actions brought by the Office of the Attorney General (OAG) and DEC. After failing to follow environmental laws and properly plug more than 400 of the wells, OAG and DEC filed a lawsuit against Lee and his companies to force them to comply including properly plugging their wells, as well as to pay penalties for their longstanding and flagrant violations. 

The court ruled in favor of OAG and DEC in their case against Lee, and determined that: 

•   Defendants failed to plug more than 400 oil wells;
•   Defendants failed to submit over 10 years of required annual reports for the wells;
•   Defendants failed to file required DEC Organizational Reports for the well operators;
•   Defendants failed to provide adequate financial security intended to ensure the wells’ plugging;
•   James Lee is personally liable for the penalty and for bringing the wells into compliance and is not shielded by his defunct corporate affiliates; and
•   Responsibility to plug the wells can pass on to successor owners of the affected mineral property.

The $2 million penalty was imposed on Lee and his corporate affiliates, based in part, on the fact that the state proved Lee benefitted financially — by at least $1 million — by failing to comply with the state’s environmental law and remitting judgments against them. In its decision, the court found that Mr. Lee and his companies have violated these laws for years and have ignored the state’s repeated attempts to bring Mr. Lee and his companies into compliance.  

Unplugged oil and gas wells pose serious threats to drinking water supplies and the overall environment. Several of Lee’s wells have already discharged oil to surrounding waters and pose ongoing public health threats. Additionally, these wells can emit methane, a potent greenhouse gas that greatly contributes to climate change.  

The court said its decision needed to carry a strong message to discourage other well operators from considering abandoning their own obligations at oil and gas wells around New York state and leaving taxpayers to pay for their plugging. The decision also establishes important real property law precedent that may be used to require owners of properties with unplugged wells to fully comply with the state’s well plugging requirements. 

The DEC will continue to provide rigorous oversight of Lee’s wells and work to ensure the court’s order is followed by bringing all wells into compliance. Mr. Lee has claimed an inability to pay for the plugging, but DEC will seek to recover assets he has that may be used to fulfill the obligations imposed by the judgment. 

Governor Hochul Announces More Than 6,000 Illegal Gun Seizures as a Result of Interstate Gun Task Force Since January

 Intrastate and Interstate Cooperation among Local, State and Federal Agencies Producing Results

Total Seizures Across New York State Increased 20 Percent from January Through July 2022 When Compared to First Seven Months of Last Year

Individuals Injured by Gunfire Decreased 12 Percent in Communities Participating in State-Funded Gun Involved Violence Elimination Initiative and 11 Percent in New York City

140 Percent Increase in New York State Police Gun Seizures Between August 2021 to July 2022 Compared to August 2020 to July 2021

 Governor Kathy Hochul today announced that police agencies have removed 6,007 illegal guns from communities across New York State during the first seven months of the year, a 20 percent increase when compared to the same timeframe in 2021. Joined by New York City Mayor Eric Adams and Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Steven Dettelbach prior to a meeting of the Interstate Task Force on Illegal Guns, Governor Hochul updated New Yorkers about her administration's comprehensive efforts to stem the flow of illegal guns, reduce gun violence and save lives. ATF Director Dettelbach touted the Task Force as a national model for other regions in the country to follow.

"My administration is laser focused on stopping the devastation caused by gun violence in communities across the state, and we continue to take bold action to face this crisis head on," Governor Hochul said. "This record number of gun seizures is the result of an unprecedented, nation-leading coordinated response among dedicated law enforcement professionals on the local and federal levels. I'd rather be in the crime prevention business than the crime solving business, and thanks to the first-of-its-kind Interstate Gun Task Force, that's exactly what we are doing together."

Governor Hochul also announced that New York State Police seized 1,468 guns from August 2021 to July 2022: the highest number in the history of the agency. This represents a 140 percent increase when compared to August 2020 to July 2021, when the State Police seized 612 guns.

Bureau of Alcohol, Tobacco, Firearms and Explosives Director Steven Dettelbach said, "This Task Force has what is needed to make a difference- and ATF, through our Crime Gun Intelligence Centers, our eTrace crime gun tracing system, and NIBIN- is committed to providing our law enforcement partners the actionable intelligence and leads needed to identify the trigger-pullers who terrorize our communities and the firearm trafficking networks that illegally supply them with guns."

The Interstate Task Force on Illegal Guns has fostered significant cooperation and collaboration among local, state, and federal law enforcement agencies in Connecticut, Maine, Massachusetts, New Hampshire, New Jersey, Ohio, Pennsylvania, Rhode Island and Vermont since its creation earlier this year. Task Force members convened for the fourth time this morning to discuss data, intelligence, strategies and other tactics critical to their ongoing efforts to address the increase in gun violence that has occurred in New York and the nation since early 2020. The next meeting will occur next month in New Jersey.

Governor Hochul also announced that New York State Police seized 1,468 guns from August 2021 to July 2022: the highest number in the history of the agency. This represents a 140 percent increase when compared to August 2020 to July 2021, when the State Police seized 612 guns.

Bureau of Alcohol, Tobacco, Firearms and Explosives Director Steven Dettelbach said, "This Task Force has what is needed to make a difference- and ATF, through our Crime Gun Intelligence Centers, our eTrace crime gun tracing system, and NIBIN- is committed to providing our law enforcement partners the actionable intelligence and leads needed to identify the trigger-pullers who terrorize our communities and the firearm trafficking networks that illegally supply them with guns."

The Interstate Task Force on Illegal Guns has fostered significant cooperation and collaboration among local, state, and federal law enforcement agencies in Connecticut, Maine, Massachusetts, New Hampshire, New Jersey, Ohio, Pennsylvania, Rhode Island and Vermont since its creation earlier this year. Task Force members convened for the fourth time this morning to discuss data, intelligence, strategies and other tactics critical to their ongoing efforts to address the increase in gun violence that has occurred in New York and the nation since early 2020. The next meeting will occur next month in New Jersey.