MAYOR ADAMS MARKS MAJOR MILESTONE FOR “CITY OF YES” PROPOSAL, NEXT STEP IN BOLSTERING NYC’S ECONOMY

 

Citywide Zoning Changes Would Make It Easier to Start or Grow a Business, Reduce Storefront Vacancies, Eliminate Rules Preventing 17,000 Businesses in Industrial Areas From Expanding, Legalize Dancing

 

Mayor Adams Continues “Working People’s Tour,” After City Set All-Time Total Jobs Record and Recovered All of Nearly 1 Million Jobs Lost During Pandemic

New York City Mayor Eric Adams and New York City Department of City Planning (DCP) Director Dan Garodnick today kicked off the public review process for the “City of Yes for Economic Opportunity” proposal, a set of citywide zoning changes that will further fuel the city’s ongoing economic success and pave the way for a more inclusive future. Together, the 18 proposed changes will bolster the city’s industrial sectors, revitalize commercial corridors, foster vibrant neighborhoods, and support growing industries, such as life sciences, nightlife, amusements, and urban agriculture.

 

The proposal was officially referred by DCP today to local community boards, borough boards, and borough presidents, kicking off the public review process as Mayor Adams continues his “Working People’s Tour,” celebrating New York City’s all-time job record, with 4.7 million total jobs, and the recovery of the nearly 1 million private-sector jobs lost during the COVID-19 pandemic. The second of Mayor Adams’ “City of Yes” proposals, the “City of Yes for Economic Opportunity” proposal will now go to all 59 community boards, as well as all five borough presidents and boroughs boards for review, followed by the City Planning Commission and the City Council.

 

“Just this month, we celebrated a major victory for New York City’s comeback, hitting an all-time total jobs record. But we were clear then that our work was not done, and the ‘City of Yes for Economic Opportunity’ plan will be the next major victory for our city,” said Mayor Adams. “These 18 changes will unlock family-sustaining jobs for our neighbors, sustained and inclusive growth in our communities, and a vibrant future for our city. New York City is back — now, we’re ready for the next step forward.”

 

“From making it easier for small businesses open and expand, to encouraging cutting-edge industries like the life sciences, the “City of Yes” will deliver economic opportunities throughout the five boroughs,” said Maria Torres-Springer, Deputy Mayor for Housing, Economic Development, and Workforce. “New York City is already the center of the world economy, but by eliminating outdated rules that stifle entrepreneurship, we can grow even stronger.”

 

“For too long, small business owners have had to navigate a byzantine mix of outdated zoning rules that have stymied their growth and led to vacant storefronts in our neighborhoods. ‘City of Yes for Economic Opportunity’ will cut the red tape and provide the flexibility needed for our mom-and-pops, and our neighborhoods, to succeed,” said DCP Director Garodnick. “To have a modern economy that works, we need our zoning to meet the moment, and that’s what this proposal will do. We look forward to a robust public review process as we move towards a more prosperous city.”

 

Boosting Industrial Businesses

 

“City of Yes for Economic Opportunity” will be the largest support for industrial jobs in the history of New York City’s zoning code. By allowing small-scale clean manufacturing to locate in commercial areas for the first time, it will more than double the space available for businesses like pottery studios, microbreweries, and apparel makers — expanding that area by more than 14,000 acres. It would also create new zoning tools for traditional industrial areas, establishing new “core,” “transition,” and “growth” manufacturing zones — addressing longstanding complaints that overly restrictive manufacturing zoning rules have held back the city’s industrial sector.

 

Revitalizing Commercial Corridors and Building Vibrant Neighborhoods

 

“City of Yes for Economic Opportunity” will add much-needed flexibility for local shops looking to open and expand and help reduce storefront vacancies in commercial corridors. It will do so by lifting time limits on reactivating existing, vacant storefronts in historic districts and residential areas; simplifying rules about which business types can locate on commercial streets; modernizing loading dock rules so buildings can adapt over time; enabling commercial activity on upper floors, provided there is separation from any residential uses; and updating business classifications in zoning to match the modern economy.

 

This initiative will also foster vibrant neighborhoods by encouraging safe and sustainable micro-distribution deliveries, reducing conflicts between auto repair shops and pedestrians, and introducing urban design rules to ensure new buildings are contributing to the interactivity of their neighborhoods. In addition, “City of Yes for Economic Opportunity” will create new processes to consider commercial space on large residential campuses, corner stores in residential areas, and waivers for business adaptation and growth.

 

Support Growing Industries and Nightlife

 

The proposal will also support key industries that help drive the city’s economic growth but face unique zoning challenges, including urban agriculture, life sciences, nightlife and entertainment, amusements, and home-based businesses. As part of the proposal’s changes to modernize nightlife and entertainment regulations, it would shift restrictions on dancing to be tied to a venue’s capacity, rather than arbitrary zoning districts — removing the last vestige of the often-discriminatory Cabaret Law from New York City’s zoning code.

 

An annotated version of the full text of the initiative, shared with community boards as a part of DCP’s work to be transparent and collaborative with New York communities earlier this month, is available online. The text amendment will now be referred to all 59 community boards, all five borough presidents, and all five borough boards for review within 60 days. After those 60 days, the City Planning Commission will hold a public hearing and vote. If the commission approves the proposal, it will go to the City Council for a hearing and vote.

 

“City of Yes for Economic Opportunity” is the second component of Mayor Adams’ three-part “City of Yes” plan, comprised of three bold, citywide zoning text amendments that will modernize the city’s zoning to foster a greener, more affordable, more prosperous city — instead of allowing outdated zoning rules to hinder the city’s goals and growth. The first, “City of Yes for Carbon Neutrality,” was approved by the City Planning Commission in September and will be voted upon by the City Council later this fall. The third, “City of Yes for Housing Opportunity,” is undergoing environmental review and will be referred for public review in spring 2024.

 

“These proposed changes are long overdue and reflect this administration's commitment to being the City of Yes,” said New York City Department of Small Business Services Commissioner Kevin D. Kim. “Archaic and onerous zoning restrictions have held back the full potential of New York City's entrepreneurs for too long. Through these common-sense reforms, New Yorkers in every neighborhood will have an easier time starting, growing, and operating their small businesses.”

 

“To reach a more equitable, sustainable, healthy Food Forward NYC by 2031, our food system must do even more to drive economic opportunity and provide good jobs,” said Mayor’s Office of Food Policy Executive Director Kate MacKenzie. “Through groundbreaking ways of addressing zoning challenges that have historically been a barrier to small-scale food and beverage production in commercial districts and residential-district retail operations, ‘City of Yes’ for Economic Opportunity will bring the kind of support to local food businesses and M/WBE vendors that will enable us to make even bigger strides in ensuring equitable access to good food across all New York City neighborhoods. We thank this administration and DCP Director Garodnick for their partnership and this critical investment in the city’s good food infrastructure.”

 

“This initiative creates exciting new economic opportunities for the food and urban agriculture sector, while also removing barriers to locating and expanding urban agriculture businesses and activities in New York City,” said Mayor’s Office of Urban Agriculture Executive Director Qiana Mickie. “The proposed forward-looking policy changes include allowing light-industrial businesses that process food or manufacture value-added food products in commercial districts, allowing enclosed agriculture within commercial districts, and permitting rooftop greenhouses on non-residential buildings. They also address confusing rules for composting by clarifying that small-scale composting can be considered an ‘accessory use’ and that neighborhood-focused recycling facilities can be in commercial storefronts. City of Yes directly supports our efforts to advance environmental justice and food equity, while creating opportunity in the green economy.”

 

“The City of Yes for Economic Opportunity is a key example of the Adams Administration's commitment to maximizing urban design to fuel economic growth and generate good-paying jobs for New Yorkers,” said NYCEDC President and CEO Andrew Kimball. “After celebrating the city's historic jobs recovery milestone, we are excited about this rezoning plan and how it will support key industries, grow businesses, and help create a more vibrant, inclusive, and globally competitive economy for all New Yorkers.”

 

“By tackling burdensome and outdated regulatory constraints, the Adams administration is paving the way for local business to contribute to and take part in a thriving economic recovery,” said B.J. Jones, executive director “New” New York. “The commonsense reforms included in the City of Yes for Economic Opportunity will help entrepreneurs who want to start new businesses, local stores seeking to expand, and building owners who want to activate vacant storefronts, revitalizing commercial corridors in neighborhoods across the city.”

                                                                                                              

“Now that the historically discriminatory Cabaret Law was repealed, we applaud Mayor Adams for taking the next critical step to eliminate the dancing prohibition at so many of our city’s restaurants, bars, and nightclubs,” said Andrew Rigie, executive director, NYC Hospitality Alliance. “This is not Footloose, and the city should not be telling businesses their customers can’t dance, rather they should encourage self-expression through dance and support our small businesses, while implementing proper safety protocols and policies at our local venues. We look forward to working with Mayor Adams’ Administration, Director Dan Garodnick of the Department of City Planning, and the City Council to get our city’s groove back.” 

 

“In this uncertain economic environment, entrepreneurs and property owners need to be able find creative uses for ground floor retail space," said Jessica Lappin, president, The Alliance for Downtown New York. “These proposed zoning text amendments will go a long way towards encouraging the sort of creativity that is needed to develop the retail corridors of the future.”

 

“Our city is ready to advance our economic and environmental resilience,” said Derek Pitts, CEO, Farm. One Inc. “This proposal is a crucial step towards creating an environment where businesses can advance innovation where New Yorkers need it most – right in their local neighborhoods. Supporting sustainability-minded industries that have legacy zoning challenges is an incredibly pragmatic approach.”

 

“For more than half a century, economic growth in many parts of the city has been stunted by obsolete zoning laws and regulations,” said Kathryn Wylde, president and CEO, Partnership for New York City. “The City of Yes proposals are designed to ensure that we are no longer putting unnecessary obstacles in the way of business investments and job creation across the five boroughs.”

 

“City of Yes represents a shift from pandemic recovery to economic renewal. The proposed changes to zoning that Mayor Adams has put forward reflect this administration’s desire to strengthen our local economic engines while creating the launchpad for the newest and promising industries to take off,” said Gregory J Morris, CEO, New York City Employment and Training Coalition. “With these changes in place our small businesses will do better, our commercial corridors will be more active, and our commitment to economic development and workforce development will be clear and sustainable. By committing now to the mayor’s bold vision - from manufacturing expansion to the modernization of nightlife regulations - and working in partnership to see it through, we can truly be the city we aspire to be in service to generations to come."

 

“Evergreen believes that thoughtful updates to manufacturing zoning can reduce burdens on industrial businesses that wish to expand, thereby increasing the number of working-class jobs in NYC,” said Leah Archibald, executive director, Evergreen . “We look forward to working with DCP to develop a modern zoning code that protects New York City manufacturers today and nurtures industrial job growth in the future."

 

“New York City’s zoning regulations have remained unchanged for decades, limiting the potential for growth and innovation for small businesses and entrepreneurs across the city,” said Maulin Mehta, New York director, Regional Plan Association (RPA). “The City of Yes for Economic Opportunity reform proposals are an opportunity to create vibrant commercial corridors, not just in Manhattan but all five boroughs — a crucial component to economic equity discussed in RPA’s Fourth Regional Plan. We applaud Mayor Adams and his administration for their commitment to creating a streamlined, intuitive zoning code.”

 

Drugmaker Nostrum and Its CEO Agree to Pay Up to $50 Million to Settle False Claims Act Claims for Underpaying Rebates Owed Under Medicaid Drug Rebate Program

 

Nostrum Laboratories Inc. (Nostrum), located in Missouri and New Jersey, and its founder and CEO, Nirmal Mulye, Ph.D. (Mulye), have agreed to pay a minimum of $3,825,000, and up to $50 million if certain financial contingencies are met, to resolve allegations that they violated the False Claims Act by knowingly underpaying Medicaid rebates due for Nostrum’s drug Nitrofurantoin Oral Suspension (Nitro OS). The settlement is based on Nostrum’s and Mulye’s financial condition.

Pursuant to the Medicaid Drug Rebate Program, drug manufacturers are required to pay quarterly rebates to state Medicaid programs in exchange for Medicaid’s coverage of the manufacturers’ drugs. The statute requires manufacturers to pay inflation-based rebates for drugs, which are designed to insulate the Medicaid program from drug price increases that outpace inflation. These rebates are calculated by comparing the drug’s current price to the drug’s price on the date that the “dosage form and strength” of the drug was first marketed or 1990, whichever is later.

As part of the settlement, Nostrum and Mulye admitted that:

• Nostrum acquired Nitro OS from another manufacturer in December 2015 and continued to market the product pursuant to its preexisting FDA approval.

• In January 2018, Nostrum temporarily ceased manufacturing Nitro OS because the amount of lead in the product did not comply with updated 2018 FDA guidance. After modifying quantities of two inactive ingredients to reduce overall lead levels, Nostrum resumed manufacturing and marketing Nitro OS in August 2018. Nostrum characterized the relaunched version of Nitro OS as a “reformulation,” but Nostrum did not add or subtract any ingredients and the active ingredients remain unchanged. Nitro OS also remained in the same dosage form and strength as it did prior to 2018. Nostrum continues to market this version of Nitro OS under the same FDA Approval as the pre-2018 version and maintains that it is legal to do so because no major changes have been made to the drug.

• After relaunching Nitro OS in August 2018, Nostrum increased its price from $474.75 to $2,392.32 per bottle, which triggered significantly higher Medicaid Drug Rebate invoices from State Medicaid programs on account of the inflation-based rebate.

• Beginning with the fourth quarter of 2018 through the first quarter of 2020 (when Nostrum withdrew from the Medicaid Drug Rebate Program), Nostrum and Mulye did not pay these entire invoiced amounts, despite learning that the larger rebate invoices were tied to the price increase and inflation based rebate and being notified by Centers for Medicare & Medicaid Services (CMS)  that it should pay the higher calculated amounts. Instead, and despite prior communications to FDA that no “major changes” had been made to Nitro OS, Nostrum wrote CMS arguing that, because this version of Nitro OS is actually a “new” drug, Nostrum should not have to pay rebates based upon the prior version’s applicable price.

The United States contends that, as a result of these actions, it has certain civil claims against Nostrum and Mulye from Oct. 1, 2018, through March 31, 2020, for knowingly failing to pay the required rebate amounts owed for Nitro OS as required by the Rebate Statute and Rebate Agreement and as invoiced by State Medicaid programs.  

“The department is committed to ensuring that pharmaceutical manufacturers meet their obligations to taxpayer funded health care programs, which support elderly and vulnerable populations,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “As this settlement demonstrates, the department will hold accountable those who knowingly fail to satisfy these obligations.” 

“The Medicaid program is a valuable safety net, providing health care to some of the most vulnerable Americans,” said Acting U.S. Attorney Joshua S. Levy for the District of Massachusetts. “By deliberately failing to pay appropriate rebates to Medicaid, Nostrum used that program to divert resources from those Americans in the hopes of generating profits. This office will not turn a blind eye to such flagrant abuse.”

“The Medicaid program provides medical treatment for some of our most vulnerable citizens, and when a drug company improperly circumvents rules designed to protect the Medicaid program from overpaying for prescription drugs, the American taxpayer pays the price,” said Special Agent in Charge Roberto Coviello of the Department of Health and Human Services, Office of Inspector General (HHS-OIG). “As illustrated by this settlement, pharmaceutical companies that disregard their obligation to play by the rules for financial gain will be held accountable for those actions.”

“Nostrum Laboratories reduced the amount that it paid to the Medicaid program by improperly calculating the rebates it owed, even after hiking the cost of one of their drugs by over 400%,” said Special Agent in Charge Jodi Cohen of the FBI Boston Field Office. “Today’s settlement is a win for taxpayers by ensuring that this pharmaceutical company cannot boost its bottom line at the expense of the Medicaid program and the vulnerable population it serves.” 

The resolution obtained in this matter was the result of a coordinated effort between the Justice Department’s Civil Division, Commercial Litigation Branch, Fraud Section and the U.S. Attorney’s Office for the District of Massachusetts, with assistance from HHS-OIG and the FBI.

The investigation and resolution of this matter illustrates the government’s emphasis on combating health care fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement, can be reported to HHS at 800-HHS-TIPS (800-447-8477).

The matter was investigated by Fraud Section Attorneys Augie Ripa and Michael Hoffman, and Assistant U.S. Attorney Evan Panich for the District of Massachusetts.

The claims resolved by the settlement are allegations only, and there has been no determination of liability.

Two Russian Nationals Charged For Conspiring To Hack The Taxi Dispatch System At JFK Airport

 

Both American Hackers in Scheme Also Plead Guilty

Damian Williams, the United States Attorney for the Southern District of New York, and John Gay, the Inspector General of the Port Authority of New York and New Jersey (the “Port Authority”), announced the unsealing of an Indictment charging ALEKSANDR DEREBENETC, a/k/a “Sasha Novgorod,” and KIRILL SHIPULIN, a/k/a “Kirill Russia,” with two counts of conspiracy to commit computer intrusions.  The Indictment charges that DEREBENETC and SHIPULIN hacked the electronic taxi dispatch system (the “Dispatch System”) at John F. Kennedy International Airport (“JFK”).  Taxi drivers are required to wait in a holding lot at JFK before they are dispatched to pick up a fare.  A computer system ensures that taxis are dispatched in the order in which they arrived. DEREBENETC and SHIPULIN conspired with DANIEL ABAYEV and PETER LEYMAN to hack the Dispatch System and move certain taxis to the front of the line in exchange for payment. 

ABAYEV pled guilty today to one count of conspiracy to commit computer intrusions, and LEYMAN pled guilty to one count of conspiracy to commit computer intrusions on October 4, 2023. 

U.S. Attorney Damian Williams said: “As alleged in the indictment, these four defendants conspired to hack into the taxi dispatch system at JFK airport. Cyber hacking can pose grave threats to infrastructure systems that we rely on every day, and our Office is dedicated to pursuing criminal hackers, whether they be in Russia or here in New York.” 

Port Authority Inspector General John Gay said: “The significant charges in this alleged hacking conspiracy show that the Port Authority takes seriously our obligation to safe and equitable operations across our facilities.  As alleged, this brazen scheme corrupted a system that hard-working taxi drivers rely on to earn a living, all so the defendants could make some extra cash.  We are grateful for our partnership with the U.S. Attorney’s Office for the Southern District of New York.”

As alleged in the Indictment:[1]

From at least September 2019 through September 2021, DEREBENETC and SHIPULIN, who are Russian nationals residing in Russia, and ABAYEV and LEYMAN, who are U.S. citizens residing in Queens, New York, engaged in a scheme (the “Hacking Scheme”) to hack the Dispatch System at JFK. 

At all relevant times, taxi drivers who sought to pick up a fare at JFK were required to wait in a holding lot at JFK before being dispatched to a specific terminal by the Dispatch System.  Taxi drivers were frequently required to wait several hours in the lot before being dispatched to a terminal and were dispatched in approximately the order in which they arrived at the holding lot.

Beginning in 2019, DEREBENETC, SHIPULIN, ABAYEV, and LEYMAN explored and attempted various mechanisms to access the Dispatch System, including bribing someone to insert a flash drive containing malware into computers connected to the Dispatch System, obtaining unauthorized access to the Dispatch System via a Wi-Fi connection, and stealing computer tablets connected to the Dispatch System.  The members of the Hacking Scheme also sent messages to each other in which they explicitly discussed their intention to hack the Dispatch System.  For example, on or about November 10, 2019, ABAYEV messaged the following to DEREBENETC in Russian: “I know that the Pentagon is being hacked[.].  So, can’t we hack the taxi industry[?]”

At various times between November 2019 and November 2020, DEREBENETC, SHIPULIN, ABAYEV, and LEYMAN successfully hacked the Dispatch System.  They used their unauthorized access to alter the Dispatch System and move specific taxis to the front of the line, thereby allowing drivers of those taxis to skip other taxi drivers waiting in the line.  ABAYEV and LEYMAN charged taxi drivers $10 each time they were advanced to the front of the line and transferred part of their profits to SHIPULIN and DEREBENETC.

ABAYEV and LEYMAN’s scheme resulted in large numbers of taxi drivers skipping the taxi line.  Over the course of the scheme, they enabled as many as 1,000 fraudulently expedited taxi trips a day.

DEREBENETC, 30, of Nizhniy Novgorod, Russia, and SHIPULIN, 30, of Moscow, Russia, are each charged with two counts of conspiracy to commit computer intrusion.  The charges carry a maximum sentence of 10 years in prison. 

ABAYEV, 47, and LEYMAN, 49, both of Queens, New York, each pled guilty to one count of conspiracy to commit computer intrusion, which carries a maximum sentence of five years in prison.

The maximum potential sentences are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by a judge.  LEYMAN is scheduled to be sentenced by Judge Crotty on January 11, 2024, at 2:30 p.m., and ABAYEV is scheduled to be sentenced by Judge Crotty on February 12, 2024, at 3:00 p.m.  DEREBENETC and SHIPULIN remain at large.

Mr. Williams praised the outstanding work of the Port Authority Office of the Inspector General.  Mr. Williams also thanked Homeland Security Investigations for their assistance in the investigation.

The case is being prosecuted by the Office’s Complex Frauds and Cybercrime Unit.  Assistant U.S. Attorneys Kevin Mead and Steven J. Kochevar are in charge of the prosecution.

The charges contained in the Indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.

[1] As the introductory phrase signifies, the entirety of the text of the Indictment and the description of the Indictment set forth herein constitutes only allegations, and every fact described therein should be treated as an allegation.

Attorney General James Secures $100,000 from Manhattan Doctor Who Manipulated Online Reviews

 

Dr. Mark Mohrmann and His Wife Suppressed Negative Reviews and Obtained Fake Positive Reviews for His Orthopedic Practice

New York Attorney General Letitia James secured $100,000 from a Manhattan-based orthopedic doctor who manipulated numerous online reviews of his practice to entice prospective patients. An investigation by the Office of the Attorney General (OAG) into Dr. Mark Mohrmann and his practice, Highline Orthopedics, found that he and his wife worked together to suppress negative reviews and artificially inflate positive reviews of his practice on numerous websites, including ZocDoc, Google, Yelp, Healthgrades, Vitals, Md.com, RateMds.com, and the Better Business Bureau. Fake online reviews are deceptive and a violation of New York’s business laws. As a result of today’s agreement, Dr. Mohrmann and his wife are required to continue to take down all of the fake positive reviews online and Dr. Mohrmann must pay $100,000 in penalties.

 

“Many patients rely on online reviews when choosing which doctor to trust with their health, and it’s important that these reviews are authentic,” said Attorney General James. “Dr. Mohrmann deceived patients through a secret campaign to remove negative reviews and unfairly obtain positive reviews to boost his practice. These actions are illegal and unacceptable, particularly for critical services like medical care. My office will continue to take action against those trying to mislead patients in New York.”

 

Dr. Mohrmann and his wife used several techniques to prevent prospective patients from seeing negative reviews posted by dissatisfied patients. On some platforms, they would falsely flag negative reviews for removal for violating the platforms’ policies prohibiting inappropriate conduct. In other cases, Dr. Mohrmann would have his office contact patients who left negative reviews and offer to refund their copay or other costs in exchange for removing the bad review. To prevent some patients from even having the opportunity to leave a negative review on the popular medical booking site ZocDoc, Dr. Mohrmann would falsely indicate that the patients had not shown up for a scheduled appointment so that ZocDoc would not solicit those patients for reviews. As a result of these efforts, common complaints about Dr. Mohrmann, such as failing to listen to patient complaints, surprise charges, poor bedside manner, and poor communication were hidden from prospective patients.

 

In addition to suppressing negative reviews online, Dr. Mohrmann and his wife worked together to illegally obtain fake positive reviews. They asked friends, family, and employees to leave positive, five-star reviews, regardless of whether they had actually been seen or received treatment. Ms. Mohrmann also hired contractors on sites such as Fiverr.com and Upwork.com to post fake reviews. Ms. Mohrmann either wrote the text for such reviews herself or copied the text of positive reviews posted for other orthopedic specialists and provided them to the contractors. The contractors would then utilize networks of fraudulent accounts to post the reviews under the guise of one of Dr. Mohrmann’s patients.

Governor Hochul Announces MTA to Hold First In-Person Public Town Hall Meetings on Interborough Express

 MTA to Hold Three In-Person Public Meetings in Brooklyn and Queens

Follows Three Virtual Public Town Hall Meetings

Governor Kathy Hochul today announced the Metropolitan Transportation Authority will hold its first in-person public engagement town hall meetings on the Interborough Express. Members of the public are encouraged to attend the meetings to hear an overview of current progress on the Interborough Express, including the Planning and Environmental Linkages study. The transformative Light Rail Transit project will connect communities in Brooklyn and Queens to 17 subway lines and the Long Island Rail Road, and significantly reduce travel times within and between the two boroughs.

“The Interborough Express is going to be a gamechanger for New York City, and as we move forward with this project, I want the entire community to be involved,” Governor Hochul said. “I encourage everyone to attend one of these sessions to learn more about the IBX and share their feedback.”

The first town hall will be held on Wednesday, November 8th from 6:30 to 8:30 p.m. at Brooklyn College in Flatbush, Brooklyn. This meeting will be followed by two more public events held on Wednesday, November 15th from 6:30 to 8:30 p.m. at P.S.007 Louis F. Simeone School in Elmhurst, Queens and Thursday, November 30 from 6:30 to 8:30 p.m. at Widdi Catering Hall in Sunset Park, Brooklyn. The town hall events will provide an opportunity for members of the public to learn more about the proposed project and to provide feedback on its potential benefits as the Metropolitan Transportation Authority (MTA) prepares to formally enter the environmental review process.

The Interborough Express would use the existing right-of-way of the Bay Ridge Branch, which is a freight rail line that runs through Brooklyn and Queens, connecting ethnically and socioeconomically diverse neighborhoods such as Bay Ridge, Sunset Park, Borough Park, Kensington, Midwood, Flatbush, Flatlands, New Lots, Brownsville, East New York, Bushwick, Ridgewood, Middle Village, Maspeth, Elmhurst and Jackson Heights. The project would include several new connections in neighborhoods that currently lack efficient connections to each other, and in some cases, to Manhattan.

The project has the potential to provide connections up to 17 subway lines (2, 3, 5, 7, A, B, C, D, E, F, J, L, M, N, Q, R, Z) serving areas of Brooklyn and Queens, and initial studies indicate this new transit option could serve up to 115,000 daily weekday riders, amounting to an annual ridership of approximately 40 million. Travel times between Brooklyn and Queens could be reduced by up to 30 minutes each way, depending on travel distance.

MARKING 11 YEARS SINCE SUPERSTORM SANDY, MAYOR ADAMS CELEBRATES COMPLETION OF $110 MILLION NEW CREEK BLUEBELT EXPANSION TO PREVENT FLOODING ON STATEN ISLAND

 

Mid-Island’s New Creek Bluebelt Will Reduce Stormwater Flooding and

Fortify Surrounding Communities Against Extreme Weather Due to Climate Change

Marking 11 years since the week Superstorm Sandy — which killed 44 New Yorkers and caused $19 billion in damages and lost economic opportunity to the city — made landfall in the five boroughs, New York City Mayor Eric Adams today announced the completion of a $110 million project to protect the Mid-Island section of Staten Island from flooding, and fortify surrounding communities against climate change-driven extreme weather events by significantly expanding the New Creek Bluebelt. Bluebelts — ecologically rich and cost-effective drainage systems that naturally handle the runoff precipitation that falls on streets and sidewalks — provide both critical support to Staten Island’s drainage infrastructure and beautiful open green space for residents, while creating diverse habitats for wildlife. The New Creek Bluebelt now covers 94 acres and drains a 2,249-acre watershed area.

 

This portion of the New Creek Bluebelt expansion consists of three connected projects, with construction done in separate phases. With all three phases now complete, stormwater that falls on roadways, rooftops, and sidewalks in portions of the Midland Beach, Grant City, Dongan Hills, and Todt Hill neighborhoods of Staten Island will now drain into new catch basins and storm sewers and be discharged into the New Creek Bluebelt. From there, it will slowly make its way to thelower New York Bay while being naturally filtered along the way.

 

“Eleven years after Superstorm Sandy stole 44 of our neighbors, family members, and loved ones, the need for major investments in flooding infrastructure has only grown as climate change continues to create stronger storms and extreme weather events. Too often, our concrete jungle gives rain no place to go, leaving communities to manage devastating flooding without the necessary infrastructure. But with this $110 million expansion of the New Creek Bluebelt, Staten Island is more prepared than ever,” said Mayor Adams. “These bluebelts are a key part of our broad strategy to protect New York City from flooding. The days of Staten Island being the ‘forgotten borough’ are over. We will not allow any borough in our city to experience another Superstorm Sandy without being prepared.”

 

“Today we celebrate how New Yorkers can have it all, a bluebelt that creates open space, greenery, wildlife and critical absorption to protect Staten Islanders against more frequent, heavier and more unpredictable storms,” said Deputy Mayor of Operations Meera Joshi, “Bluebelts are one of many ways the Adams administration maximizes every square foot, turning it into green infrastructure to protect New Yorkers against flooding. We will continue to be creative and opportunistic to build a more resilient city.”

 

“Bluebelts are a key strategy for managing stormwater throughout the city, making New York more resilient to changing climate. These innovative drainage systems reengineer existing wetlands to protect communities from inland flooding, while also providing beautiful open spaces for residents and wildlife,” said New York City Chief Climate Officer and Department of Environmental Protection (DEP) Commissioner Rohit T. Aggarwala. “As we seek natural solutions to fortify neighborhoods against extreme weather, we need look no further than to the successful development and implementation of the bluebelt program right here on Staten Island.”

 

“DOT is proud to collaborate with our sister agencies to fight climate change with more resilient, fortified infrastructure. As part of our contribution, DOT worked with our sister agencies to rebuild sidewalks along Hylan Boulevard with upgraded, accessible curbs and curb extensions at intersections to expand pedestrian space and make the corridor safer for all road users,” said New York City Department of Transportation Commissioner Ydanis Rodriguez. “We thank Mayor Adams and the administration for their close partnership.”

 

“Bluebelts are an efficient and environmentally sensitive way to manage stormwater while preserving open space and beautifying communities,” said New York City Department of Design and Construction Commissioner Thomas Foley. “Congratulations to the DDC team that completed the New Creek Bluebelt. DDC is also building thousands of pieces of green infrastructure around the city, and we look forward to expanding our stormwater management efforts in coordination with the city’s larger flood mitigation strategy.”

 

“Our wetlands and stream corridors are vital ecological systems that support dragonflies, amphibians, fish, majestic waterbirds, birds of prey, and diverse plant species.  As these bluebelt projects demonstrate, our aquatic systems also play a pivotal role in absorbing and managing stormwater and providing critical open space for communities,” said New York City Department of Parks and Recreation Commissioner Sue Donoghue. “We are excited to continue to work with our agency partners to ensure the multiple benefits of these ecosystems are preserved and well managed for New Yorkers.”

 

“Bluebelts use existing and newly constructed natural resources — streams, ponds, and wetlands — to capture and convey stormwater runoff,” said Mayor’s Office of Climate & Environmental Justice Executive Director Elijah Hutchinson. “They help manage neighborhood flooding, offer critical open space benefits and increase native plantings. The New Creek Bluebelt will be a resilient, restorative destination for Staten Island residents and other New Yorkers alike, and a rich natural environment for social connection and community-building.”

Drone footage of the Staten Island bluebelt network after Tropical Storm Ophelia, September 30, 2023. Credit: DEP

Originally implemented on Staten Island, the bluebelt program preserves natural drainage corridors including streams, ponds, and wetlands, and revitalizes and enhances them to optimize their functions of conveying, storing, and filtering stormwater. Bluebelts have proven to be an excellent mechanism for reducing urban flooding while creating a rich natural environment for the local community. As New York City prepares for rising sea levels and heavier rains due to climate change, bluebelts offer a natural and effective solution for stable and sound stormwater management.

 

To complete this multiphase expansion of the New Creek Bluebelt, the city most recently concluded a $42 million project in Midland Beach, which encompasses 12 acres and features the largest man-made wetland in the bluebelt system. Enhancements feature two outfalls, stilling basins to reduce water velocity, micropools and forebays to provide maintenance points, and a weir chamber at Olympia Boulevard to regulate the downstream flow of water as it makes its way toward the lower New York Bay. The Midland Beach project also included adding more than 85,400 wildflowers and natural plants, 810 native shrubs, 440 trees, 6,000 linear feet of storm sewers, 2,150 linear feet of sanitary sewers, and 5,300 linear feet of water mains.

 

Prior to the Midland Beach site, the city undertook the $25 million “Gateway to the Bluebelt,” which created a panoramic-like viewing area introducing the public to the rehabilitated New Creek wetlands. This three-part expansion of the New Creek Bluebelt began with a $43 million project that saw two new wetlands built at Last Chance Pond Park. The Gateway Project, received a $4.9 million grant from the U.S. Department of Housing and Urban Development Community Development Block Grant Disaster Recovery Program. The Last Chance Pond portion of the New Creek Bluebelt received additional funding from an $11 million U.S. Department of Agriculture grant, which was secured by Senator Charles Schumer.

 

Bluebelts are a key part of the city’s strategy to mitigate inland flooding, while DEP’s new Bureau of Coastal Resiliency focuses on coastal flooding. This holistic approach unifies long-term planning and funding, increases coordination and efficiency, and improves maintenance of flood resilience projects. The Adams administration is also investing billions in grey and green infrastructure to prevent flooding — from neighborhood-scale coastal resiliency projects in Lower Manhattan to porous, receded playgrounds that act as water retention tanks during extreme rainfall, to small rain gardens and other green features that absorb stormwater, among other tools. Additionally, the Adams administration is actively evaluating locations in all five boroughs to expand the successful bluebelt network, including in the Jewel Streets neighborhood between Brooklyn and Queens.

 

“Recent extreme rain events and flooding are a stark reminder to New Yorkers about the need to adapt our city to the growing impacts of climate change. The expanded New Creek Bluebelt is a terrific example of the kind of infrastructure we need to meet the moment, and be better prepared for the future," said Emily Nobel Maxwell, director, New York Cities, The Nature Conservancy. “The bluebelt helps address local flooding, and benefits wildlife and surrounding neighborhoods. The Nature Conservancy congratulates New York City for completing this important project and encourages ongoing investments in green and nature-based infrastructure to improve quality of life and resilience in New York City.”

 

“It’s exciting to see the city completing another forward-thinking bluebelt project on Staten Island,” said Cortney Worrall, president and CEO, Waterfront Alliance. “As climate change continues to bring heavy rainfall, often in unexpected ways, bluebelts are a proven way to use nature to help lessen the impacts of climate change, and in this case, manage stormwater. Nature-based solutions like these will make communities and residents less vulnerable to the impacts associated with the climate crisis.”

 

“New York Restoration Project believes in broadening green infrastructure for all New Yorkers,” said Lynn Bodnar Kelly, executive director, New York Restoration Project.”  “Expanding the New Creek Bluebelt on Staten Island is an important step towards making our city more resilient and livable in the face of extreme weather. Bluebelts help modernize and adapt our drainage infrastructure to handle more water while also expanding critical green space.”

 

“New Yorkers for Parks congratulates Mayor Adams on the forward-looking expansion of the New Creek Bluebelt, which will provide critical support to Staten Island’s drainage infrastructure,” said Adam Ganser, executive director, New Yorkers for Parks. “Our city’s parks and opens spaces are critical green infrastructure, essential in our efforts to mitigate the impacts of climate change. What’s more, this project provides beautiful open green space for Staten Island residents and moves the needle on New Yorkers for Parks’ goals to increase the amount of park space in this densely populated city.” 

DEC Announces $12.9 Million Now Available Through New Federal Grant Opportunity to Support Urban and Community Forestry

 

Applications Being Accepted Now Through January 31, 2024

New York State Department of Environmental Conservation (DEC) Commissioner Basil Seggos today announced that applications are now being accepted for a total of $12.9 million for urban and community forestry projects through the Inflation Reduction Act funding opportunity. Earlier this month Governor Hochul announced the funding was made available by the U.S. Department of Agriculture Forest Service’s Urban and Community Forestry Program to increase equitable access to healthy trees and green spaces in urban and community forests to support building a clean energy economy, advance environmental justice, and create economic opportunity.

“DEC is grateful to President Biden and Secretary of Agriculture Vilsack for this substantial investment in New York’s urban forestry program and to be able to offer this historic funding opportunity to improve the health of trees and green spaces in disadvantaged communities, increase urban tree cover, and support New York’s aggressive climate requirements,” said Commissioner Seggos. “I encourage all eligible entities to take advantage of this funding to safeguard and increase the numerous environmental, economic, and public health benefits of their community forests.”   

Applicants may apply for funding under two categories, Community Forest Management Plan Implementation ($10 million) and Ash Tree Management ($2.9 million). The maximum request is $500,000 per application and no match is required. All projects must take place in disadvantaged communities as identified by any of three Federal and State tools listed in the Request for Applications (RFA). The deadline to submit applications is Wednesday, Jan. 31, 2024.

 

DEC’s Urban and Community Forestry program is holding a virtual information session on Wednesday, Nov. 15, from 10 a.m. to 12 p.m. to provide information on this limited-time funding opportunity. The information session will cover eligible applicants and projects, application requirements and scoring, and other information that will help applicants plan their projects. Register for this webinar here. 

 

For more information on DEC’s Urban and Community Forestry program and the application process for the Inflation Reduction Act Urban and Community Forestry Grants visit DEC’s website.