Speaker Corey Johnson and 19 Members of the New York City Council Introducing Package of Bills to Eliminate Lead Poisoning

Biggest Overhaul to City Lead Laws Since 2004

   In a groundbreaking effort to eliminate childhood lead poisoning in the five boroughs, the City Council on Wednesday will introduce a package of legislation that strengthens, expands and establishes new protections on the city’s lead laws. The proposal is the largest single overhaul of lead laws in 14 years. According to the most recent statistics, some 5,000 children tested positive for high levels of lead in 2016, or about 1.65% of the one to two year olds tested annually as required by state law. The number is down from 12.5% in 2005.

This package of bills will require the city to conduct more thorough investigations when children test positive for high lead blood levels – including in the exposed child’s day care, preschool, and parks and play areas. That expanded investigation process will also for the first time be required if a pregnant woman is found with high blood levels. The package will lower the threshold for what counts as elevated blood lead to 5 micrograms per deciliter (ug/dL), which matches the Centers for Disease Control standard. The city’s current level – which is the standard used to instigate a mandatory investigation – is three times higher.

“We know that we can never be too vigilant when it comes to protecting our children from the dangers of lead. Although we have made great strides reducing lead poisoning cases over the past decade, there are gaps in those laws that have stopped us from truly eliminating this toxic substance from our homes, our water supply, and our soil. This package addresses those gaps and will make our children safer. These bills are truly a team effort, and I want to thank my Council colleagues for all of the hard work putting this together,” said Council Speaker Corey Johnson, who sponsored two of the 23 bills in the package.

Description of the bills are as follows:

Investigating sources of lead poisoning (Speaker Johnson)

Under current law, when a child is found with an elevated blood lead level (BLL), the Department of Health and Mental Hygiene (DOHMH) has to look for potential sources, but they are only required to check the child’s apartment for lead paint.

This bill expands the number of places DOHMH is required to check to include –

  Other units in the building occupied by children

 Other units where the lead-poisoned child spends a significant amount of time.

  Child-related facilities (e.g. daycare facilities, preschools/nursery schools, schools, etc.) that the child attends

  Parks/play areas that have soil and are near one of the above (or that DOHMH’s investigation suggests that the child visits)

This bill also expands the kinds of lead source DOHMH has to look for so the three main sources of lead exposure are covered –

  Paint (lead-based paint that’s peeling or chipped)

  Water

  Soil

Include pregnant mothers in lead investigation regime 

• This bill would require DOHMH to investigate source of lead poisoning when it learns of a pregnant mother with elevated blood lead level (same investigation that would be required above when DOHMH finds a child with an elevated blood lead level).

• Tighten standards for what counts as “elevated” blood lead levels and establish appropriate action levels for lead in paint, soil, dust, and water (Speaker Johnson)
  • Water lead levels: There isn’t a locally established “action level” (i.e. a lead level where remediation of some kind is required). This bill sets the City’s action level at the EPA standard -15 parts per billion (ppb)
  • Soil lead levels: There are local standards for lead in dust (e.g. dust generated when doing work on an area covered in lead paint), but there aren’t direct local action levels for lead in soil. This bill sets City’s soil action levels at EPA standards – 400 parts per million (ppm) if it’s a play area where children are likely to encounter a lot of bare soil, and 1,300 ppm otherwise
  • Lead-based paint and dust – This bill reduces amount of lead acceptable in paint and in dust (following work to remediate lead paint hazard)
  • Blood lead levels: This bill sets the City’s threshold for a mandatory DOHMH investigation to be triggered at 5 micrograms per deciliter (ug/dL), which is the same as the Centers for Disease Control. The current city threshold for a mandatory DOHMH investigation is 15 (three times as high).

• Establish lead testing/remediation requirements for facilities that serve children

• • Requires checks for lead hazards (paint, soil, and water) in facilities that serve children (e.g. daycare, preschools, nursery schools, other schools)
  • This will be addressed through five separate bills sponsored by:
  • Council Members Inez Barron. Donovan Richards, Ydanis Rodriguez, Mark Treyger, and Andy King

• Requirements for housing
  • Current law
  • In multiple dwellings (3+ units) built before 1960 (and certain buildings built before 1978), owner has to do annual checks for lead-based paint hazards (if a child under 6 resides in unit)
  • In multiple dwellings built before 1960 and in 1-2 family buildings used as rentals, when apartments turnover (i.e. are vacated by a tenant), owner has to do a check for lead-based paint hazards and remediate (whether a child is moving in or not)

• • Package expands those requirements in some key ways –

• • • Paint-
    • Requires that, when apartment undergoes first vacancy that’s 5+ years from now, lead-based paint has to be permanently removed or encapsulated (i.e. end lead paint in apartments) 
    • Expands periodic checks for lead-based paint hazards to 1-2 family buildings that are used as rentals (instead of just multiple dwellings), if building was built pre-1960 
    • Requires that, at least once in every five years, required checks for lead-based paint hazards must be done by an independent, third-party certified by EPA 

• • • Water

• • • • Requires owners of multiple dwellings and 1-2 family buildings used as rentals to do periodic checks of lead levels in potable water 

• • • Soil

• • • • Requires owners of multiple dwellings and 1-2 family buildings used as rentals to do periodic checks of lead levels in soil areas onsite

• Parks/playgrounds safety

• • Water: Public water fountains can be a significant source of lead. This bill requires periodic lead testing for public water fountains

• • Soil: Soil can be a source of lead in children. This bill requires periodic tests of soil areas in public parks/play areas.

• Miscellaneous bills –

• Blood lead screening referrals: This bill would have city agencies that routinely provide services relating to kids (e.g. ACS) determine whether or not the child was screened for elevated blood lead levels and, if not, refer the child to a doctor/local health unit for screening.
• Require that any legally required water test involve a “first draw” in settings not covered by state law/
• Require the City to map where the lead supply mains/service lines are in the City.
• Reporting on enforcement and testing results, effectiveness of City’s lead prevention/enforcement measures (to ensure these laws/rules are being meaningfully enforced).
• Requiring DOHMH to do a comprehensive outreach/education campaign relating to preventing childhood poisoning (including outreach to limited English communities).
• Require better communication between the Department of Buildings, DOHMH, and other relevant City agencies relating to lead safety measures required during work, and clarify mechanism that agencies can use to stop work in order to ensure those measures are in place/being followed.

EDITOR'S NOTE:

  Why were these bills not sponsored and passed in the previous term of the city council where the majority of the council remains the same?

With that thought in mind what make current council members think that these bills will pass this council term when they could not pass in the previous council under a majority of the same council members?  

Statement by Speaker Corey Johnson on Plan for Overdose Prevention Centers

  “The Council has been a leader in the push to bring these centers to New York City, and we thank Mayor de Blasio for taking this brave, important and necessary step. Too many people have died from opioids and heroin. These sites will save lives and connect addicts with treatment options and trained professionals that could lead them to recovery. This is something that I championed during my time as Chair of the Council Health Committee, and is an issue that has deep personal significance to me. I am proud of our city today for taking bold steps to address a problem that’s gripped this country, and I hope other cities follow our lead and allow safe sites like these.”

Three Charged With Conspiring To Distribute More Than 100 Grams Of Carfentanil In The Bronx

Carfentanil, a Fentanyl Analogue 100 Times More Potent Than Fentanyl, can be Lethal in Doses of as Little as 20 Microgram

  Geoffrey S. Berman, the United States Attorney for the Southern District of New York,  James J. Hunt, Special Agent in Charge of the U.S. Drug Enforcement Administration’s New York Field Division (“DEA”), Angel M. Melendez, the Special Agent-in-Charge of the New York Field Office of the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (“HSI”), George P. Beach II, the Superintendent of the New York State Police (“NYSP”), and James P. O’Neill, the Commissioner of the New York City Police Department (“NYPD”), announced the arrests and unsealing of Complaints charging MIGUEL ESCANO, EMANUELLI RIVERA, and PEDRO DISLA ROJAS with conspiring to distribute heroin and more than 100 grams of carfentanil, a controlled substance analogue of fentanyl.  ESCANO, RIVERA, and ROJAS were presented yesterday before Magistrate Judge James L. Cott in Manhattan federal court.

U.S. Attorney Geoffrey S. Berman said:  “These defendants are alleged to have been engaged in the production and distribution of large quantities of carfentanil.  Carfentanil is a potentially lethal drug 100 times more potent than fentanyl.  As little as .00002 grams can kill.  A substance meant as an elephant tranquilizer should not be hitting the streets as a recreational drug.  Thanks to our law enforcement partners for their efforts to stem the tide of lethal opioids.”

DEA Special Agent-In-Charge James J. Hunt said:  “This investigation is about more than just arrests and seizures, it is a public health warning.  Carfentanil is death, and drug dealers are packaging it for sale on the streets of New York City.  Law enforcement is battling the opioid suppliers on the front lines and this drug has the potential to double or triple overdose rates if we don’t get it off the streets quickly and warn users of its extreme danger.”

HSI Special Agent-in-Charge Angel M. Melendez said:  “The individuals charged today are alleged to have introduced a drug that is one hundred times more potent than fentanyl to our Bronx neighborhoods.  Law enforcement is paying close attention to those who are profiting in this nefarious drug game to ensure that the perpetrators are arrested and face prosecution.”

NYPD Commissioner James P. O’Neill said:  “Anyone who continues to peddle this poison on the streets of New York City should be prepared for the full weight of our nation’s best investigators to bear down on them.  I commend everyone involved in this case, particularly the members of the New York Drug Enforcement Strike Force, as they have proven again just how effective our law enforcement partnerships really are.”

State Police Superintendent George P. Beach II said:  “The work of the New York Drug Enforcement Task Force stopped these dangerous and potentially deadly drugs before they could reach the streets of New York.  We have no tolerance for those who allegedly continue to traffic narcotics with no regard to the damage they inflict in our communities, and anyone who does can expect to end up in prison.  We will continue to work with our federal and local partners to prevent the flow of these illegal drugs from reaching our neighborhoods.”

According to the allegations in the Complaints[1]:

On three separate occasions between January and March 2018, ESCANO sold an individual acting at the direction of law enforcement a substance containing carfentanil in transactions that involved 50 grams, 70 grams, and 70 grams, respectively.  RIVERA assisted with the January 2018 sale.  Carfentanil is used as a tranquilizing agent for elephants and other mammals, is 100 times more potent than fentanyl, and can be lethal in doses of as little as 20 micrograms depending on the way it is administered and other factors.  

As law enforcement officers prepared to execute a search warrant on a Bronx apartment on May 9, 2018, RIVERA exited the apartment and was arrested.  Law enforcement seized approximately 100 grams of suspected narcotics in connection with the arrest of RIVERA, which have not yet been tested because the substance needs to be examined in a laboratory environment in light of the potentially lethal nature of carfentanil.  Following the arrest of RIVERA, law enforcement officers searched the apartment and found ROJAS inside.  During the search, law enforcement officers seized, among other things, suspected narcotics and materials commonly used in the production and distribution of narcotics, such as respirator masks, grinders, strainers, glassine bags stamped with the names “Sweet Dreams” and “Nasty Boyz,” a wooden press, and a stamp with the words “My Angel.”  Law enforcement arrested ROJAS in connection with the search of the apartment.

RIVERA, 32, of the Bronx, and Rojas, 38, of the Bronx, were each charged with one count of conspiring to distribute carfentanil and heroin, which carries a maximum sentence of life in prison and a mandatory minimum sentence of 10 years.

ESCANO, 30, of the Bronx, was charged with one count of conspiring to distribute carfentanil, which carries a maximum sentence of life in prison and a mandatory minimum sentence of 10 years.

The statutory maximum and minimum sentences are prescribed by Congress and are provided here for information purposes only, as any sentencing of the defendants would be determined by the judge.

Mr. Berman praised the outstanding investigative work of the DEA’s New York Organized Crime Drug Enforcement Strike Force, which comprises agents and officers of the DEA, the New York City Police Department, Immigration and Customs Enforcement – Homeland Security Investigations (HSI), the New York State Police, the Internal Revenue Service Criminal Investigation Division, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the U.S. Secret Service, the U.S. Marshals Service, New York National Guard, the Clarkstown Police Department, U.S. Coast Guard, Port Washington Police Department, and New York State Department of Corrections and Community Supervision.

The charges contained in the Complaints 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 Complaints and the description of the Complaints set forth herein constitute only allegations, and every fact described should be treated as an allegation.

Former Energy Company Executive Pleads Guilty In Connection With The Bribery Scheme Of Former Executive Deputy Secretary To The Governor Of New York

  Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced that PETER GALBRAITH KELLY JR., a former executive at Competitive Power Ventures (“CPV”), pled guilty to defrauding CPV by misrepresenting that the former Executive Deputy Secretary to the Governor, Joseph Percoco, had obtained state ethics approval for his wife to work at CPV.  After an eight-week jury trial, co-defendants Joseph Percoco and Steven Aiello were convicted of charges relating to bribery.  The jury was deadlocked on the charges against Kelly.  Joseph Gerardi was acquitted of all charges.  KELLY pled guilty to one count of conspiracy to commit wire fraud before United States District Judge Valerie E. Caproni.

U.S. Attorney Geoffrey Berman said:  “Braith Kelly was involved in a criminal scheme to bribe of one of the most powerful men in New York in exchange for favorable treatment for his energy company.  Today he pled guilty for his part in the scheme and now faces time in prison.  Corruption in Albany casts a shadow over the many honest public servants who do good work in the administration of government, and deprives the citizens of New York of the honest representation they deserve.”

According to the evidence introduced at trial, other proceedings in this case, and documents previously filed in Manhattan federal court:                                                                           

KELLY ran monthly payments to Percoco and his wife through a consultant who worked for the Energy Company in order to disguise the source of the payments.  KELLY also made sure that Percoco’s wife’s photograph and full name were not included in promotional materials for the Energy Company, and he falsely told his superiors at the Energy Company – on two separate occasions – that Percoco had obtained an ethics opinion from the Governor’s Office approving of Percoco’s wife’s employment with the Energy Company, when in fact no such opinion existed.  For his part, Percoco concealed the criminal scheme by failing to include the Energy Company as the source of payments on his State-mandated financial disclosure forms.                                                                                                

KELLY, 54, of Canterbury, Connecticut, pled guilty to an Information that charges him with one count of Conspiracy to Commit Wire Fraud.  It carries a maximum penalty of five years in prison and a fine of the greatest of $250,000, twice the gross pecuniary gain derived from the offense, or twice the gross pecuniary loss to persons other than the defendant resulting from the offense.  KELLY is scheduled to be sentenced on September 28, 2018, by Judge Caproni.

Percoco was convicted on March 13, 2018, after an eight-week trial, of soliciting and accepting bribes in return for taking official state action to benefit CPV and Syracuse-based real estate developer COR Development (“COR”).  Percoco is scheduled to be sentenced by Judge Caproni on June 11, 2018.

The maximum potential sentence in this case is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge. 

U.S. Attorney Berman praised the work of the Buffalo Field Office of the Federal Bureau of Investigation and New York Office of the Internal Revenue Service-Criminal Investigation, which jointly conducted this investigation with special agents from the U.S. Attorney’s Office.  Mr. Berman also thanked the New York State Attorney General’s Office.

Statement Of U.S. Attorney Geoffrey S. Berman On The Conviction Of Former State Assembly Speaker Sheldon Silver

  Sheldon Silver, the former New York State Assembly Speaker, took an oath to act in the best interests of the people of New York State.  As a unanimous jury found, he sold his public office for private greed.  

I commend the career prosecutors of our Office’s Public Corruption Unit, whose determination in securing this important conviction fittingly underscores the importance of pursuing cases against corrupt politicians, no matter the difficulty.  One of the most worthy endeavors of this Office is combatting public corruption.  We will continue to do so with the independence and resolve the Southern District is known for and the citizens of New York so rightly deserve.

Daniel Delvalle, Member Of Bronx Drug Crew, Sentenced For Murder Of Kenya Miller

  Geoffrey S. Berman, United States Attorney for the Southern District of New York, announced that DANIEL DELVALLE, a/k/a “BD,” a/k/a “Danny,” 31, was sentenced today by United States District Judge Naomi Reice Buchwald to a term of 156 months in prison for his participation in the murder of Kenya Miller, 26, on June 29, 2010.  The sentence imposed by Judge Buchwald will be served consecutively to the 120-month prison term imposed on DELVALLE on June 4, 2014, by United States District Judge William H. Pauley III, for DELVALLE’s participation in a conspiracy to distribute crack cocaine.  

United States Attorney Geoffrey S. Berman said:  “Daniel Delvalle was responsible for the murder of 26-year-old Kenya Miller.  As a result of that horrible and senseless crime, he will spend 23 years in prison.  We thank our law enforcement partners for their outstanding efforts, and we will continue to work with them to keep our communities safe.”

According to the Indictment, and other documents filed in the case, as well as statements made during the sentencing proceedings:

Between approximately 2006 and 2012, two rival drug crews based their operations in and around the E. Roberts Moore Houses (the “Moore Houses”) in the vicinity of Cauldwell and Concord Avenues in the Bronx, New York.  One such crew was headed by DELVALLE.  Members of the DELVALLE crew primarily sold crack cocaine supplied to them by DELVALLE.  Members of the DELVALLE crew also possessed and used firearms in order to protect themselves and their drug territory, and they were responsible for a number of drug-related shootings in the area. 

On June 29, 2010, Miller was killed by a member of the DELVALLE crew (“CC-1”).  Miller’s murder was ordered by DELVALLE, who had been upset with Miller for allegedly assaulting members of the DELVALLE crew.  As a result, on the day of the murder, when DELVALLE saw Miller in the vicinity of the Moore Houses, DELVALLE told CC-1, in substance and in part, to retrieve a firearm and to kill Miller.  CC-1 followed those instructions: CC-1 retrieved a gun belonging to the DELVALLE crew, followed Miller into an apartment building, and then shot Miller several times in an elevator.    

Mr. Berman praised the work of the New York City Police Department, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Drug Enforcement Administration.                    

TEAM DIAZ ABRAZO GARIFUNA

  It was the Annual TEAM DIAZ Abrazo in Honor of Garifuna-American Month. Well almost TEAM DIAZ as two members were missing. Newly elected State Senator Luis Sepulveda and Bronx Borough President Ruben Diaz Jr. were absent from the event for various reasons. No matter former State Senator now Councilman Ruben Diaz Sr. took center stage and the Abrazo went on as you will see from the photos below.

Above and Below- As is custom the elected officials pose with members of the audience before the Abrazo.

Above - Another photo with the electeds.

Below - Members of the Garifuna Cultural Group Anyana Yankunu Dance Group performed. 

Above - The invocation is given by Evangelist Dr. Mery Alvarez. What is Assemblyman Marcos Crespo thinking?

Below - The National Anthem is sung by Rosemary Bermudez.

Above - Without the Bronx Borough President 'In the House"', Assemblyman Crespo stands in for him to say a few words.

Below - The five honorees (l-r) Mr. Pablo Blanco, Ms. Daysi Fernandez, Ms. Luz F. Solis, Ms. Emi VAlerio, and Mr. Eduardo Solano. 

Above - Honoree Eduardo Solano receives Proclamations and citations from the elected officials.

Below - Honoree Emi Valerio Receives her Proclamations and citations from the elected officials.

Honoree Luz F. Solis receives her Proclamations and Citations as did Honorees Ms. Daysi Fernandez and Mr. Pablo Blanco.

NY Attorney General's Office Requests Public Comments As Part Of Review Of Fidelis Sale

  Acting New York Attorney General Barbara Underwood announced today a request for public comment as part of the office’s review of the $3.75 billion sale of substantially all of the assets of the New York State Catholic Health Care Plan, Inc. d/b/a Fidelis Care New York (“Fidelis”) to Centene Corporation (“Centene”). Most of the proceeds of the sale will be used to create an endowment for the new Mother Cabrini Health Foundation.

“This will be the largest charitable transaction in the history of the Attorney General’s office,” Acting Attorney General Underwood said. “Our office is committed to ensuring that the new foundation continues Fidelis’ critical mission of providing safety net health care to vulnerable New Yorkers. We have already undertaken significant measures to assure continued access to quality, affordable health care, and encourage New Yorkers to make their voices heard during this comment period.”

In April 2018, the New York State Department of Health and the New York State Department of Financial Services approved transfer of the managed care plans owned and managed by Fidelis to Centene Corporation, a for-profit company.

Under the Not-for-Profit Corporation Law, the proceeds of the sale of charitable assets belong to the charity and must be used to further its charitable mission. The Attorney General is responsible for reviewing the transaction to determine whether the price and terms of the sale are fair and reasonable, and whether the purposes of the charity will be promoted by the sale.

The Charities Bureau has been conducting an extensive review of the Fidelis petition under Section 511-a of the Not-For-Profit Corporation Law.  The petition is now being made available for public comment through May 23, 2018 at https://ag.ny.gov/Fidelis.

Because of Fidelis’ important role in providing safety net health care for New Yorkers, the Attorney General’s office has secured a number of commitments from Centene as part of her office’s review of the sale. Those commitments include requiring Centene to:

• continue to provide services and enroll members in every county in which Fidelis currently operates;
• continue Fidelis’ current network of providers and ensure that those providers will be paid the same rate for at least three years;
• and provide funds for an independent health care expert (chosen by the Attorney General’s office) to review whether the health care services being provided are consistent with those provided by Fidelis and that Centene’s commitments are being honored.

Under the proposed transaction, Fidelis will transfer the proceeds of the sale to a new health care foundation, Mother Cabrini Health Foundation, Inc. This Foundation will provide grants to address the health care needs of vulnerable New Yorkers, including social determinants of health. The Foundation’s plan for use of the sale proceeds is set forth in the petition beginning at paragraph 147. In addition, the Foundation will transfer to the State of New York $1.4 billion for use by the State in addressing the health needs of vulnerable New Yorkers; the State has agreed to provide sufficient information to the Charities Bureau to assure that this undertaking is honored. 

The Charities Bureau will review all public comments prior to making a final decision on the Fidelis petition.