Thursday, July 30, 2020

Governor Cuomo Announces Suspension of Liquor Licenses for 7 Bars in New York City, Westchester, and Erie County After Egregious Violations of Coronavirus-related Regulations


Multi-Agency Task Force Conducted 835 Compliance Checks Tuesday Night, Observed 41 Additional Violations 

During Coronavirus Public Health Emergency, 64 Businesses' Liquor Licenses Have Been Suspended

549 Charges Filed and Processed During Pandemic, Updated List of Suspensions and Charges Available Here

Governor Andrew M. Cuomo today announced the state has suspended liquor licenses for 7 bars -- five in New York City, one in Westchester County, and one in Erie County -- after finding egregious violations of pandemic-related Executive Orders. On Wednesday night, the state's multi-agency task force, led by the State Police and State Liquor Authority, conducted 835 compliance checks and documented violations at 41 establishments. Since Monday, the task force has completed 1,966 compliance checks and observed 96 violations, for a non-compliance rate of almost 5%. Businesses found in violation of COVID-19 regulations face fines up to $10,000 per violation, while egregious violations can result in the immediate suspension of a bar or restaurant's liquor license.

"The rising rate of infection among young people and the issue of crowded bars is not unique to New York -- the World Health Organization has warned about it, states all across the country are dealing with it, and even the President has said young people should avoid bars -- but we are taking decisive action in the Empire State to make sure it does not undermine our progress against the coronavirus," Governor Cuomo said. "Last night, our task force observed violations at 41 more establishments downstate, and today we are suspending 7 bars from across the state that have flouted coronavirus-related rules. The State Police and State Liquor Authority are doing their jobs -- and we need local governments to step up and do theirs." 

State Liquor Authority Chair Vincent Bradley said: "We will continue to hold licensees accountable for protecting New Yorkers' health and safety in bars and restaurants. New Yorkers have sacrificed to bend the curve of coronavirus, and at a time when dozens of states are seeing cases surge, we all have a shared responsibility to keep this virus at bay." 

Last night, state investigators observed violations at 41 establishments, and formal charges are being prepared. The geographic breakdown of observed violations from last night includes:

  • The Bronx -- 5
  • Brooklyn -- 2
  • Manhattan -- 20
  • Queens -- 11
  • Nassau - 3

Seven establishments were issued emergency orders of summary suspension from the State Liquor Authority Board following a meeting on July 30th:

"Atlantic Bar" at 84 Croton Avenue in Ossining

The SLA received a referral from the Village of Ossining Police Department regarding an incident at the establishment on July 24th. On that date, officers observed several patrons congregating outside, with the front door to the business locked. Officers had the owner open the front door, where they observed numerous patrons inside drinking and mingling with no facial coverings and no food being served. 

"The Village Line" at 1809 Kenmore Avenue in Kenmore

On July 24th, in response to complaints that the premises does not serve food, an SLA investigator entered the tavern and observed three patrons seated at the bar drinking alcohol without food.  After requesting a menu from an employee, the investigator was told he could go next door for pizza and bring it back to the bar -- an admission that no food was available. The tavern was charged with violating Executive Order 202.52 for serving alcohol without food, in addition to a charge of "non bona fide" for not having food available, which has been a requirement of all licensed taverns dating back to 1964.     

"Hi Life Bar & Grill" at 477 Amsterdam Avenue in Manhattan

On July 29th, investigators with the state's multi-agency task force observed patrons seated and being served inside, under a permanent structure, in violation of the NYS Department of Health's interim guidance for outdoor service. 

"Bar Tabac" at 128 Smith Street in Brooklyn

On July 24th, investigators with the state's multi-agency task force observed seven employees without facial coverings, including the premises' manager, a bartender, the host, and four members of the kitchen staff. The licensee was well aware of the requirements, with prior violations of the Governor's Executive Orders in June.

"Republic" at 33-29 Astoria Boulevard in Astoria 

On July 24th, investigators with the state's multi-agency task force observed the premises open and operating at 12:30 am, in violation of New York City's 11 p.m. curfew for outside service, and with a large number of patrons consuming alcohol and smoking hookah on the sidewalk, interspersed with seated patrons, all directly in front of the premises. 

"Kabu Bar Lounge" at 85-09 Northern Boulevard in Jackson Heights

On July 24th, investigators with the state's multi-agency task force observed 25 patrons standing, drinking and congregating in front of the premises, ignoring social distancing regulations, and being served by a waitress without a facial covering. Kabu Bar Lounge is a repeat offender, with pending charges for EO violations on June 26th and 30th. 

"Lalile Steakhouse" at 91-01 91-05 Astoria Boulevard in East Elmhurst

On July 25th, investigators with the state's multi-agency task force observed at least 17 patrons standing and drinking in front of the premises, without facial coverings or observing social distancing guidelines. The SLA also has a referral from the NYPD describing a large number of patrons drinking in front of the premises after New York City's 11 p.m. curfew for outside service on July 18th, including patrons drinking, standing, and congregating.

The emergency suspensions were ordered by Chairman Bradley, Commissioner Lily Fan and Commissioner Greeley Ford at a special meeting of the Full Board on July 30th  conducted by a digitally recorded video under social distancing guidelines. 

After state investigators observe violations, formal charges are then filed and fines may be issued. Emergency Summary Suspensions are imposed when the SLA finds the continued operation of a licensed business threatens public health and safety. Suspension orders are served immediately and remain in effect indefinitely, with the maximum penalty including the permanent revocation of the license and fines of up to $10,000 per violation. Licensees subject to an emergency suspension are entitled to an expedited hearing before an SLA Administrative Law Judge.

Governor Cuomo Announces First in the Nation Drinking Water Standard for Emerging Contaminant 1,4-Dioxane


New York Adopts Standard for 1,4-Dioxane at a Maximum Contaminant Level of 1 part per billion

State Also Achieves Among the Lowest Standards set for PFOA and PFOS at a Maximum Contaminant Level of 10 parts per trillion


Governor Andrew M. Cuomo today announced that New York State has adopted a first-in-the-nation drinking water standard for emerging contaminant 1,4-Dioxane, setting the maximum contaminant level of 1 part per billion for 1,4-Dioxane. The Governor also announced maximum contaminant levels for emerging contaminants PFOA and PFOS in New York's drinking water, which are among the lowest in the U.S. for PFOA and PFOS at 10 parts per trillion. These announcements follow a public comment period and approval by the Public Health and Health Planning Council.

"While the federal government continues to leave emerging contaminants like 1,4-Dioxane, PFOA and PFOS unregulated, New York is leading the way by setting new national standards that help ensure drinking water quality and safeguard New Yorker's health from these chemicals," Governor Cuomo said. "The environmental movement was founded in this great state and we will continue to move forward to protect our most precious resources for generations to come."

The new regulations require public water systems in the state to regularly test and monitor for these chemicals, regardless of size. All three contaminants have been detected in drinking water systems across the country, yet remain unregulated by the U.S. Environmental Protection Agency, which is responsible for setting regulatory limits under the federal Safe Drinking Water Act.  

In lieu of federal action and as part of the State's commitment to ensuring clean drinking water for all New Yorkers, the Drinking Water Quality Council was established as part of the 2017-2018 Executive Budget to provide recommendations to the New York State Department of Health to address emerging contaminants in drinking water resulting from decades-old industrial pollution in communities statewide. The Council's scientific review of PFOA, PFOS, and 1,4-Dioxane was part of its first directive to set standards for these man-made, emerging contaminants, which are persistent in the environment and have been detected in drinking water systems nationwide. The Council's members, comprised of academic scientists, engineers, public water system professionals, and experts from the New York State Departments of Health and Environmental Conservation, followed the available science regarding potential health impacts and technology available to remove these chemicals when recommending the standards for adoption. 

Per New York's rulemaking process, the amended regulations were published in January in the New York State Register for a 45 day public comment period. The proposal garnered more than 2,000 comments for consideration. In response to comments received, DOH drafted modifications to the proposed regulations that would establish a deferral process for public water systems who proactively tested to come into compliance with the proposed MCLs, without being issued a violation notice. Following today's PHHPC approval, and once approved by the Commissioner of Health, the final regulations will be published in the State Register. Once published, systems serving 10,000 people or more will be required to begin testing within 60 days, within 90 days for systems serving between 3,300 to 9,999 people, and within six months for systems serving less than 3,300 people.  

Attorney General James Secures $1.85 Million Following Medicaid Fraud by Global IT Company


Computer Sciences Corporation Used Statewide 
Children’s Program to Misappropriate Taxpayer Funds

 New York Attorney General Letitia James reached an agreement with former multinational internet technology company, Computer Sciences Corporation (CSC), resulting in $1.85 million in recovered funds, with nearly $1 million earmarked for New York state. The investigation revealed that the company violated state and federal law by improperly processing Medicaid claims for services rendered as a part of New York’s Early Intervention Program, the statewide program for infants and toddlers under the age of three who might have a developmental delay or disability. 

“It is unconscionable that a company would be so irresponsible to cut corners on a program dedicated to our youngest New Yorkers in need of help and end up diverting hard-earned taxpayer dollars from where they need to go,” said Attorney General Letitia James. “On my watch, illegal schemes at the expense of taxpayers — or our children — will not go unchecked. My office will continue to hold providers and their agents who fail to appropriately and responsibly administer Medicaid programs in New York state accountable.”  

CSC, now known as DXC Technology, violated the U.S. and New York State False Claims Act between 2009 and 2013. As part of this agreement, CSC admitted that it performed insurance-claims-handling and -processing services on behalf of New York City regarding the City’s administration of the Early Intervention Program, which resulted in payments to the City that Medicaid would not otherwise have made. Specifically, CSC admitted that it utilized two coding mechanisms for their billing submissions that resulted in Medicaid making improper payments to the City. The investigation was triggered by a whistleblower lawsuit filed under the qui tam provisions of the federal and New York False Claims Acts, which allow people to file civil actions on behalf of the government and share in any recovery. The whistleblower in this case will receive $416,250 of the settlement proceeds from New York state and the federal government, combined. The state of New York will receive $989,565. 

The investigation and settlement were the result of a coordinated effort among the Office of the Attorney General (OAG) and the U.S. Attorney’s Office for the Southern District of New York.  

MAYOR DE BLASIO AND CHANCELLOR CARRANZA ANNOUNCE TEST AND TRACE PROTOCOLS FOR NYC PUBLIC SCHOOLS


Mayor Bill de Blasio and Schools Chancellor Richard A. Carranza today announced health and safety protocols, including guidance for testing and tracing, for schools for  the start of the 2020-21 school year.  These protocols will apply to all school communities and will help prevent the spread of COVID-19.  

 

“We are doing everything in our power to keep kids healthy while ensuring they are getting the education they deserve. These rigorous test and trace protocols will keep our students and staff safe as we start off this new school year,” said Mayor de Blasio.

 

“New Yorkers did the incredibly difficult work reducing the risk posed by COVID-19, and as a result we’re in a better position than any other city in the country to safely resume in-person education under the current conditions and with clear, consistent health protocols,” said Schools Chancellor Richard A. Carranza. “The safety and health of our school communities is always our first priority – before, during, and after the COVID-19 pandemic – and we will remain vigilant in monitoring health conditions this fall while driving toward academic excellence for every student.”

 

In preparation for the start of school, the DOE is purchasing large orders of hygiene supplies on behalf of schools. These supplies include, but are not limited, to, facial coverings for students, teachers, and staff; disinfectant; hand sanitizer; and electrostatic sprayers. School leadership and facilities staff in every school are reviewing school space and making necessary repairs and adjustments to ensure safe conditions for in-person student learning this fall.  

 

All staff members will be asked to take a COVID-19 test in the days before the first day of school. School staff will have priority access for free testing at 34 city-run testing locations, with tests provided  with expedited results. This testing is also available for families citywide.

 

When school buildings reopen, all schools will be required to enact precautions to prevent, identify, and address the spread of COVID-19. Daily precautions include:

·         An isolation room for students with symptoms with a dedicated staff member or health professional, 

·         Physical distancing and required facial coverings,

·         Cleaning throughout the day and nightly disinfecting, and

·         Clear communication with families and school community.

 

If a student or teacher is feeling sick, they are required to stay home and, if their symptoms are consistent with COVID-19, are asked to get tested. If a student begins experiencing symptoms in school, they will be isolated and monitored by a dedicated staff member until they are picked up by their parents or guardians. Staff members who become symptomatic at school are asked to immediately leave the building.

 

Whether symptoms begin at home or in school, there will be a clear flow of information to facilitate fast action and prevent spread. A positive case can be reported to a school by a staff member, a parent, or a student. A positive confirmed case will trigger an investigation by the NYC Test + Trace Corps and DOHMH to determine close contacts within the school. Schools will communicate to all families and students within school any time a case is laboratory confirmed.

 

The DOE is working in tight coordination with DOHMH and the NYC Test + Trace Corps to identify, isolate, and prevent spread of COVID-19. In the event that there is a laboratory- confirmed case in a school, all students and teachers in that class are assumed close contacts and will be instructed to self-quarantine for 14 days since their last exposure to that case. Additionally, DOHMH and NYC Test + Trace Corps will begin an investigation into the risk of exposure to the school community and work with the DOE to issue clear guidance and decisions for next steps based on the outcome.

 

For the potential investigative conclusions outlined below, all decisions to quarantine classrooms or close schools will depend on the facts of each investigation.

 

Conclusion of Investigation 

During Investigation  

Post Investigation 

1 confirmed case  

Close Classroom, transition to remote learning   

Classroom remains closed for 14 days; students and staff in close contact with positive case self-quarantine for 14 days.

 

At least 2 cases linked together in school, same classroom  

Close Classroom, transition to remote learning 

Classroom remains closed for 14 days; students and staff in close contact with positive cases self-quarantine for 14 days

 

 

At least 2 cases linked together in school, different classrooms 

Close school building, transition to remote learning 

Classrooms of each case remain closed and quarantined, additional school members are quarantined based on where the exposure was in the school (e.g., the locker room)

 

At least 2 cases linked together by circumstances outside of school (i.e., acquired infection by different setting and source)  

Close school building, transition to remote learning 

School opens post investigation, classrooms remain closed for 14 days 

At least 2 cases not linked but exposure confirmed for each outside of school setting 

Close school building, transition to remote learning 

School opens post investigation, classrooms remain closed for 14 days 

 

Link unable to be determined 

Close school building, transition to remote learning 

Close school for 14 days  

 

 

Whenever a student is isolating or quarantining at home, the expectation is that they continue engaging with learning remotely if they are feeling well enough. If a school is closed, the school will communicate by 6 P.M. on the night before about the status of opening the next morning, based on the status of the investigation. A school building will not reopen without confirmation from public health experts that it is safe.

 

While developing this reopening plan to submit to New York State, the Department of Education consulted with the Department of Health and Mental Hygiene (DOHMH), NYC Health + Hospitals, the NYC Test + Trace Corps and labor officials. 

 

These protocols center the health of our students and staff at the very core of this school year, while pursuing the resumption of in-person learning and educational services. The City will continue to closely monitor health conditions, and if community transmission begins to rise across the boroughs, a decision may be made to close all schools and switch to full-time remote learning.

 

Mayor de Blasio on COVID-19 and Items of Concern July 30, 2020


 Mayor Bill de Blasio: Good morning, everybody. When we wake up to news that’s almost impossible to comprehend, and today is one of those days, and I'm going to talk about this and I'm going to talk about how troubling it is, but I'm also going to remind us that we're going to have to fight through everything that's being thrown at us, just like generations before. This is an extraordinarily difficult time, layer upon layer of crisis, but we won't give up in the midst of this. And I have to say, sometimes you see things that just are astounding, even with all the shocks we've experienced recently. So, the news this morning, the single largest drop in the gross domestic product of this nation in its history. That's what we've lived through over these last five months. It's almost impossible to comprehend. As recently as February, a thriving economy, this city, in many ways, the strongest it's ever been, and look what we all have been put through. And look at the human cost, look what's happening in every neighborhood of the city to hardworking families. Look how much people have been through, and there's so much more ahead. That's the honest truth. We, of course, need to recognize, first of all, the impact on lives, the impact on families in terms of those we've lost. Our nation now has lost over 150,000 people. And as people are grappling with that pain, as people are trying to find a way forward in their lives. One of the few things that helped was that unemployment support from the federal government – that is expiring tomorrow. People depended on those $600 checks, and now they're gone. So, it's sobering. It's painful. We cannot be defeated by it, but we have to look at it squarely in the eye and deal with it.

 

So, I think a lot of people, even some people had supported President Trump are going to look at that and say, no, that is abrogation of responsibly, but, more importantly, that's in the assault on our democracy and it cannot stand. We need to have that election on time. We need to have the election so the American people can make their decision. That election has less than a hundred days away. A new government is less than six months away, potentially, that could help us to move forward. So, that election must happen. But, in the meantime, every one of us needs to fight for that stimulus. And think about, again, the human reality for so many families, what it's going to mean to no longer have the support they were getting. Just to think about what people will not be able to afford. There are families right now, working class families, even middle-class families trying to choose between food or medicine or the basics of life. And those choices are going to get tougher and tougher. We're going to be there – we're always going to be there for the people that city, so we're always going to provide free food for anyone who needs it, we're going to provide free health care for anyone who needs it. But the burdens are getting greater and greater. So, what can we rely on? We can rely on each other in New York City, because we've proven time again that New Yorkers stand by each other, support each other. This city will do everything we possibly can to help the people in the city. And I know in every neighborhood there are people helping, helping each other through. And we're going to have to lean hard on each other to get through this crisis.

 

Now, while our federal government isn't acting, I want to give credit to New York State, because they're doing something that's going to reach a lot of people. And eligible New York State residents will have an opportunity to get additional unemployment benefits, up to 20 additional weeks of unemployment benefits. That's crucial for a lot of families. So, anyone who qualifies for this, please take advantage of this right away. You can go online at labor.ny.gov and get that support. And we have to, here in the city, keep helping people to survive, to move forward business by business, job by job, person by person. We know that our recovery will depend on building back jobs and it will be painstaking work. Our federal government used to know this. A great New Yorker, Franklin Delano Roosevelt, use that concept of giving people jobs in their hour of need, that was one of the most foundational ideas the New Deal. That's how we got out of the Great Depression. One day, I want to believe our federal government will get it again and fund a massive jobs program so people can really get the employment they need and their families can come back and our economy can come back. But, in the meantime, what we need to do is prepare people for the jobs that are starting to come back, even if it's much slower than we want and working toward the day where people get back on their feet. So, our Department of Small Business Services is, right now, providing free training to get people ready to come back into the economy. There are areas of the economy that are still strong and will grow again. There are jobs that need to be filled. We need to get people ready for them. And here to tell you how we're going to do it, our Commissioner for Small Business Services Jonnel Doris.

 

Commissioner Jonnel Doris, Small Business Services: Thank you, sir. As you said, Mr. Mayor, New Yorkers have been going through a hard time and many have lost their jobs of no fault of their own. We know that this is in our immigrant community, our people of color, and also our young people who are getting hit the hardest. But we're here to help at SBS, and we've been doing that throughout this pandemic. We're here to provide the training, the resources that they need. We've already connected and worked with 37,000 New Yorkers. We will continue to work with additional New Yorkers as they call into our hotlines and seek the support that they need. We are training them in in-demand skills for our tech industry, health care, industrial, media and entertainment industry. We are working with them in home health aide, in commercial drivers as well. We're also working with our workforce one centers, 18 workforce one centers across the city who have been working virtually to assist New Yorkers to get jobs that they so critically need.

 

Since mid-March, we have worked with over 500 employers to fill 9,800 jobs. Whereas we're currently working with those employers to fill 3,600 jobs. So, listen, if you're a New Yorker and you need assistance and you need support, please make sure that you visit us on our website nyc.gov/workforce. But before I turn it back to the Mayor, you know, this work is critical work and our essential workers have been doing an amazing job, getting us back to where we are now. We had some job seekers who came into our virtual workforce one centers who were looking for support and help and we were able to help them. John, who was looking for a pivot in his career, didn't have a job, was seeking help and support, came to our workforce one center. He's now employed as a transport and nurse – transport- nurse in our Health + Hospital care system – that's happened. As of April, we're continuing to do that to hundreds of New Yorker. Also, Maria, at foreign-born New Yorker who was seeking also work, who was out of work because of COVID, was able to come back and get support from my workforce one centers and get a job and is not working in our Health + Hospital systems as well, and also working with patients who are tested positive, the elderly, in particular, for COVID-19. So, look, we're here to help and assist you no matter what your concerns and needs are. You can call 3-1-1 or you can meet us nyc.gov/workforce.

 

Mayor: Thank you very much, Jonnel. Appreciate what you and everyone at Small Business Services is doing to help people get back on their feet. So, this is something we're going to be talking about for a long time – how are we going to bring back New York City, how we're going to bring back jobs, how we’re going to get people connected to jobs, how are we going to help people get into the industries that will grow again. We have a lot of work to do ahead in the city and we're going to be talking about a lot over the coming weeks and months. But we continue to face the immediate challenges. And right when we're dealing with this huge difficult news on a national scale, we've got an immediate challenge right here in Brooklyn that I want to bring to your attention. We got a warning this morning from Con Edison, and there is a problem in Southern Brooklyn. I really want to urge people to act quickly. We've got to protect our electricity supply for all New Yorkers. We've got to make sure we avoid any disruptions in our electricity. Right now, there is a problem with some of the equipment in Southern Brooklyn. And so, if you live in the following neighborhoods, I'm going to you to pay special attention, and I'm going to ask for your help. So, residents of Bay Ridge, Fort Hamilton, South Park Slope, Greenwood, and Sunset Park. Again, Bay Ridge, Fort Hamilton, South Park Slope, Greenwood, and Sunset Park. If you live in those neighborhoods, your electric supply is in danger right now. There's something you can actually do to help us address this, which is to avoid using major appliances, avoid washers, dryers, microwaves, limit air conditioning use as much as possible. Hopefully, this is something that gets resolved in the course of the day, but every-day people can make an impact here and we really want to make sure you did not have your electricity disrupted. So, everyone, please take this warning seriously, please act on it, and we will do everything in our power, and we will push Con Ed hard to resolve this situation quickly.

 

All right, going to go now to our daily indicators. Number one, daily number of people admitted to hospitals for suspected COVID-19, threshold is 200 – today, 87 patients. Number two, daily number of people in Health + Hospital’s ICU’s, threshold 375 – today, 299. And number three, percentage of people testing citywide for COVID positive, the threshold 15 percent – today, again, this good number we've been at for a long time, two percent.

NYS Office of the Comptroller DiNapoli Announces State Pension Fund 2020 Year End Value


NYS Office of the Comptroller Banner


DiNAPOLI: STATE PENSION FUND VALUE

$194.3 BILLION

-2.68 Percent Return in State Fiscal Year 2019-20          

Pew Ranks Fund as Nation’s Second Best Funded

Fiduciary Review Gives Fund Management High Marks

New York State Comptroller Thomas P. DiNapoli today announced the New York State Common Retirement Fund (Fund) had a -2.68 percent return on investments in the state fiscal year (SFY) that ended on March 31, 2020, reflecting a slight decrease as a result of the COVID-19 pandemic. The Fund ended its fiscal year during the early outbreak of the pandemic in the United States with a value of $194.3 billion. Globally, assets swiftly recovered in the second quarter of 2020.

“Despite very solid returns through February, the coronavirus sent markets into a tailspin just as we were closing the books on our fiscal year,” DiNapoli said. “The Fund has already recovered much of those losses, but volatility and uncertainty will persist until our public health crisis is resolved. Fortunately, the state’s pension fund entered this crisis as one of the strongest in the nation, and remains well-positioned to weather these challenging times and provide retirement security for our members for years to come.”

In June, the Fund was ranked by Pew Charitable Trusts as the second best-funded pension fund in the nation with a funding ratio of 98 percent, based on 2018 data. An excellent funding ratio means the New York State and Local Retirement System (NYSLRS) has the funds on hand to provide retirement security to its more than one million active state and local government employees, retirees and their beneficiaries. The Fund's value reflects retirement and death benefits of $13.25 billion paid out during the fiscal year.

Employer contribution rates are determined by investment results over a multi-year period along with numerous other actuarial assumptions, including wage growth, inflation, age of retirement and mortality. Contribution rates are determined based on recommendations from the Actuary in September. Integral to the Fund’s strength have been state and local governments, who consistently pay their contributions in good times and bad.

Every three years the Fund is required to undergo an independent Fiduciary and Conflict of Interest Review. The Review, most recently performed by Duff & Phelps, examines the Fund to ensure it is well-governed and ethically and efficiently managed for the sole benefit of its members and beneficiaries.

The latest Review found that the Fund “has a strong governance framework with sound internal controls and is managed efficiently and effectively.” The report, which involved interviews with more than 30 staff, including Comptroller DiNapoli and the Fund’s Chief Investment Officer Anastasia Titarchuk, concluded that “The Fund is demonstrating a high level of operational transparency and in many cases appears to be in the vanguard of industry standards in this area.” Additionally, the report found “the Comptroller and the CRF Staff manage the Fund to the highest level of ethical standards.”

As of March 31, 2020, the Fund had 49.07 percent of its assets invested in publicly traded equities. The remaining Fund assets by allocation are invested in cash, bonds and mortgages (26.23 percent), private equity (11.19 percent), real estate and real assets (9.66 percent) and absolute return strategies and opportunistic alternatives (3.85 percent).

The Fund’s long-term expected rate of return is 6.8 percent. The Fund’s value and rate of return in prior years is available online: https://www.osc.state.ny.us/sites/default/files/press/documents/pdf/2020-07/nyscrf-values-chart-2020.pdf

Council Member Ruben Diaz Sr. - UBER AND LYFT ALIVE AND WELL BUT YELLOWS ON LIFE SUPPORT…WHY?


You should know that the NY Post reported today that “NYC’s cabbie workforce down 75 percent amid COVID-19 but Uber and Lyft on Upswing.” 7-29-2020 The sort went on to report that “June saw 251,696 trips per day for “high volume for hire services” …according to the TLC. 

You should also know my dear readers that the term “high volume FHV” was enacted into Law by my legislation in 2018, which created this new category. While I was Chair of the FHV Committee, the first public hearing focused upon driver suicides and the market domination of the industry by Uber and Lyft. The result was legislation which I wrote in order to level the playing field. 

While all others in the industry, Black, Green, Yellow, Livery were being regulated by hundreds of rules and paying thousands of dollars in fees to the TLC, Uber and its counterparts were operating without spending a dime, and without any rules. The bill I wrote required the TLC to regulate any for-hire car service which dispatched more than 10,000 vehicles daily, ( High Volume FHV) in several ways including the payment of a fee for each license in the amount of $380,000.00 It was demonstrated by the hearings that in this manner those who were already operating and playing by the rules and paying NYC for the privilege, ( yellow, green, black, livery) could better compete with the newly iPhone dispatched rides, subsidized at ridiculously low rates. Not only were these $5 rides taking from the other car services and taxis but from the subway and busses as well. 

My bill was signed into law 8-14-18 by Mayor Bill de Blasio and is known as Local Law 149. The TLC was requited to issued regulations within 90 days, but the TLC took almost twice this amount of time. As the NY POST article stated, “according to the TLC …” high volume for hire services” saw a jump in daily riders while all others were depleted since February 2019. The Uber drivers were also “earning more than their taxi counterparts” during this period, $1,160 weekly for Uber and $262.00 for others. 

I was amazed, dear Readers. My bill local law 149 was duly enacted, and then the TLC promulgated the regulations, almost two years ago. Why did my bill fail to achieve a level playing field? The answer is shocking. Although the TLC keeps track of the daily data of rides and driver income for “high volume FHV,” it seems that none of the “high volume” FHV such as Uber or Lyft has ever filled out a proper application or paid any fees to the TLC. None. Zero. The TLC is collecting data but not any money from these high-volume operators, and they are not regulating or issuing tickets to them either. The Law, known as Local Law 149, is simply being ignored by the TLC and has been for two years. No wonder the Uber drivers are making five times what the others are making. No wonder Uber is grabbing the 75% percent of ridership the others lost. Most shocking, the application which the law requires all high volume FHV to fill out was only posted online with the TLC in June last month. 

Someone should investigate this. It is troubling to think that somehow this has been done with the intention to help Uber and LIft and not the Yellow and the rest the industry.

This is Councilman Rev. Ruben Diaz, and this is what you should know.  

Assemblymember Nathalia Fernandez - Virtual Townhall for Small Businesses and Employees has been POSTPONED



Virtual Townhall for Small Businesses and Employees has been POSTPONED


Please be on the lookout for when we update the date and time of the new town hall. Thank you.

DISTRICT OFFICE
2018 Williamsbridge Road
Bronx, NY 10461
718-409-0109
ALBANY OFFICE
LOB 530
Albany, NY12248
518-455-5844

 

Assembly District 80 | district80@nyassembly.gov