Attorney General James Calls on Congress to Protect Consumers by Providing FTC with Much-Needed Tools

 

Three North Shore Areas to Close July 2, Expected to Reopen July 8

New York State Department of Environmental Conservation (DEC) Commissioner Basil Seggos today announced the annual temporary closure of three shellfishing areas on the North Shore of Long Island during the upcoming Fourth of July holiday period. These closures are imposed during busy holidays to protect public health from potentially contaminated shellfish associated with increased boating activity in shellfishing waters. Boaters are reminded to use pump-out facilities to help protect these waters.

"DEC closes these waters on Long Island's North Shore to shell fishing each year during the Fourth of July holiday due to the increase in recreational boating," Commissioner Seggos said. "To protect our natural resources and public health, I strongly encourage boaters to use pump-out facilities, act responsibly, and be mindful of the no-discharge zones in Port Jefferson Harbor, Oyster Bay Harbor, and the Sand Hole." 

 

Since 1995, DEC has designated these areas as temporarily uncertified for the harvest of shellfish during the Fourth of July and Labor Day holidays. During peak holiday periods, discharges from marine sanitation devices (toilets) may contaminate nearby shellfish beds with pathogenic bacteria or viruses, rendering the shellfish unsafe for human consumption. 

 

DEC will designate the following areas on the North Shore of Long Island as closed to the harvest of shellfish beginning at sunrise on Friday, July 2, and continuing through Wednesday, July 7: 

 

·         445 acres in a section of Oyster Bay Harbor, town of Oyster Bay, Nassau County; 

·         347 acres in northern Port Jefferson Harbor, town of Brookhaven, Suffolk County; and 

·         50 acres in the area known as the Sand Hole, town of Huntington, Suffolk County. 

 

Shellfish harvesting is expected to resume in these areas on Thursday, July 8. If poor weather causes fewer boaters to visit these areas, DEC may rescind the closure and reopen the areas to harvesting prior to July 8. 

 

A recorded message advising the public about temporary closures of any shellfishing areas in New York State is accessible 24 hours a day by calling (631) 444-0480. The recorded message also advises harvesters when such areas have reopened. Information, including maps showing the affected areas, is available on DEC's website. 

 

Boaters should be aware that Oyster Bay Harbor, Port Jefferson Harbor, and the Sand Hole are designated as no-discharge zones in their entirety. A no-discharge zone is a designated body of water where the discharge of treated or untreated boat sewage is prohibited. Boaters in these areas should utilize the pump-out facilities listed below: 

 

·         Oyster Bay Harbor (West Harbor): One pump-out boat is operated by the town of Oyster Bay at no cost to boaters. Hours of operation are 9 a.m. to 5 p.m. on weekends. Contact the pump-out boat via marine radio VHF channel 9 or by cell phone at (516) 375-9864. In addition, the town provides two pump-out stations on floats near the Oyster Bay Marine Center and Waterfront Park and a land-based pump-out in the town marina at Theodore Roosevelt Park. 

·         Port Jefferson Harbor: The town of Brookhaven operates a pump-out boat (no fee) in Port Jefferson Harbor. Hours of operation are 9 a.m. to 5 p.m. Boaters may contact the town's pump-out boat via marine radio VHF channel 73. In addition, the town provides a pump out station on its transient dock, east of the boat launch ramp, west of the charter fishing vessels. 

·         The Sand Hole (Lloyd Neck): Although there are no facilities within the Sand Hole, boaters should contact the town of Oyster Bay pump-out boat as noted above. There also is a land-based pump-out facility at Powle's Marine Center in Cold Spring Harbor. In addition, boaters traveling from town of Huntington waters can request the services of the town's pump-out boat (no fee) by calling on marine radio VHF channel 9. There are also a number of land-based pump-out facilities at marinas in Northport Harbor and Huntington Harbor. 

 

A full list of No Discharge Zones in New York State (leaves DEC's website), including other Long Island waters, can be found on the U.S. Environmental Protection Agency's website. 

Statement from The Bronx Democratic Party on Preliminary Primary Election Results

 

“Thank you to every Bronxite who came out and made their voice heard at the ballot box. As votes continue to be counted and the Ranked Choice Voting process begins, the future of The Bronx is looking bright. The City Council is poised to achieve gender parity for the first time in city history and women of color could make up the majority of the Bronx Council delegation. Early results show all of our city council candidates leading in their races and races called in three districts. Congratulations to Council Members Diana Ayala and Rafael Salamanca Jr. on their decisive victories and Marjorie Velázquez for her history-making win to become the first Latina to represent District 13. In the coming weeks, we’re encouraged that our candidates will be able to maintain their leads and bring new progressive leadership that will achieve historic wins for The Bronx”, said Chair Jamaal T. Bailey.

“We are proud of the remarkable slate of candidates we endorsed and the inspiring, principled, and impactful campaigns they ran. We proudly supported their candidacies because of their community-centered policies, record of public service, and dedication to improving their communities. We want to congratulate each and every dedicated candidate, staff member, and volunteer for all they’ve achieved so far. Through their hard work and commitment, they were able to build diverse coalitions of support to advance the vision of a stronger and more equitable city for all Bronxites.”

EDITOR'S NOTE:

We have to give it to the Bronx Democratic Party Leader State Senator Jamaal Bailey on his Bronx County victories. He endorsed two District Leaders who won their races, Eric Dinowitz 11th CD, and Marjorie Velazquez 13th CD. 

While he told the following District Leaders, your time may be up as a District Leader, by not endorsing them, for another candidate in their races. 

Marcos Sierra   2.19%    11th CD race

Irene Estrada    5,65%    13th CD race

Yves Filus         7.68%    16th CD race

Yudelka Tapia   20.88%  14th CD race

Let The 2022 Democratic Primary Season Begin.

Governor Cuomo Directs State Police Hate Crimes Task Force to Offer Assistance in Investigation of Anti-Semitic Graffiti in Bay Ridge

 

"I am disgusted to learn that a swastika was spray-painted on a tree in Bay Ridge, and I thank the members of the local community for doing all of us a service and removing it from sight.

"These ignorant anti-Semitic hate crimes against our Jewish brothers and sisters are an attack on all New Yorkers. We will not tolerate them, and I want perpetrators to know that the more you try to divide us and spread hate, the more New Yorkers will come together and stand up for one another against the hate that you are trying to fuel.

"I am directing the State Police hate crimes task force to provide their assistance to the local authorities who are investigating this incident."

VALUE OF INDUSTRIAL AGENCIES' PROJECTS INCREASE NEARLY 50 PERCENT OVER PAST DECADE

 

Thomas P. DiNapoli, New York State Comptroller, 

Industrial Development Agencies (IDAs) reported 4,320 active projects valued at $109 billion for 2019, a 3.3 percent, or $3.5 billion, increase in project values from 2018, while net tax exemptions totaled $796 million in 2019, compared to nearly $784 million in 2018. Project values have increased by 48 percent since 2009, while the number of active projects has declined by six percent over the same period, according to a report released today by New York State Comptroller Thomas P. DiNapoli.

“IDA’s reported an increase in the total value of active IDA projects for 2019, continuing an upward trend during the last decade,” said DiNapoli. “The reported number of net jobs gained as a result of these projects has hovered around 200,000 over the same period. I encourage New Yorkers to use the IDA project data we provide to assess whether the benefits these projects bring to their communities are worth the cost of the incentives their local IDAs are providing.”

IDAs are local public benefit corporations that exist to encourage local economic development projects by offering financial incentives to private companies, with the goal of increasing job opportunities and overall economic welfare in the area.

Tax Exemptions

IDAs reported providing total tax exemptions of almost $1.5 billion in 2019, up 1.5 percent or $22 million from 2018. The vast majority of these benefits ($1.3 billion) were in the form of property tax exemptions. These were partially offset by $680 million in payments in lieu of taxes (PILOT) to municipalities and school districts by IDA projects, for net exemptions of $796 million in 2019.

The value of net exemptions was generally highest downstate: IDAs in New York City, Mid-Hudson and Long Island regions accounted for 56 percent of all net tax exemptions. On a per capita basis, the New York City IDA provided the lowest net exemptions at $14 per capita, while the Capital District had the highest net exemptions at $92 per capita.

Jobs

IDAs reported that project operators estimated 220,442 jobs would be created over the projected life of each active project reported in 2019, with a median salary of $40,000. They estimated 271,930 previously existing jobs would be retained with a median salary of $43,000. A total of 49,636 temporary construction jobs were also expected to be created.

Reported net jobs gained – the difference between the number of jobs at the start of the projects and those as of the reporting year – totaled 199,982 in 2019. Over the past decade, this number has remained fairly steady.

Finances

In 2019, IDAs reported total revenues of $75 million, down $21.1 million from 2018. The Erie County IDA had the highest revenues ($4.7 million), followed by the City of Yonkers ($4.3 million), Genesee County ($4.2 million), and Chautauqua County ($4 million). Expenditures in 2019 totaled $97 million, down $2.2 million from the prior year. The largest operating expenditure category for IDAs was professional services contracts at 23 percent of the total, for services such as accounting, legal or marketing. Salaries, wages and benefits for IDA employees totaled $17.5 million, or 18 percent of the total.

Report

Performance of Industrial Development Agencies in New York

Appendix A - Regional Information

188 Days and Counting - Protect Times Square First

 

Over the weekend there was a shooting in Times Square. That is very troubling to me, because we want our tourists to return to the city and Times square is the place people want to be. Police Commissioner Harrison will tell you what we are going to do to protect Times Square.

Mayor the police commissioner is still Commissioner Shea, you haven't appointed me yet. As for Times Square we will take police officers from the precincts to flood Times Square to make that area of the city safe again for the tourist trade.

Governor Cuomo Urges New Yorkers to Prepare for Another Round of Extreme Heat Beginning Today and Continuing Through Wednesday

 

High Temperatures and Increased Humidity Could Pose Danger to At-Risk Populations, Including Seniors and Small Children

Severe Storms to Potentially Impact State Later in the Week

 Governor Cuomo today urged New Yorkers to prepare for another extended period of high heat and humidity expected to begin today and continue through the middle of the week.  Heat index values reaching up to the mid-90s are forecast through Wednesday, while humidity levels are expected to remain high. 

In addition, the National Weather Service predicts a front moving across the State later in the week may provide favorable conditions for severe weather such as thunderstorms.  New Yorkers should monitor local weather forecasts for the most updated information.  For a complete listing of weather watches, warnings, advisories and latest forecasts, visit the National Weather Service website.

"We are expecting another round of high heat and humidity to impact most of the State and continue through the middle of the week," Governor Cuomo said.  "I strongly urge all New Yorkers to take action to prevent heat-related illnesses or injury, especially young children, seniors and those with respiratory conditions who are vulnerable to high heat.  Check on neighbors, limit outdoor activity, and stay safe." 

Heat indexes could reach up to 95 degrees or more in some locations during this stretch, and the highest heat index values will occur during the afternoon hours. Several Heat Advisories have been issued by the National Weather Service for locations across the State through Tuesday evening.  Showers and thunderstorms, some strong, are likely later in the week for much of the State as a front passes through.

This period of hot weather will result in an increased risk of heat stress and heat-related illness. People who are susceptible to heat related illnesses—including young children, the elderly, those who exercise outdoors, those involved in vigorous outdoor work, and those who have respiratory diseases such as asthma—should take necessary steps to stay cool as temperatures rise.

Heat Tips

Excessive heat is the leading cause of preventable, weather-related deaths each year, particularly among the elderly. According to the federal Centers for Disease Control and Prevention, heat causes more than 600 preventable deaths in the United States yearly. 

The following people are most at risk: 

• Elderly persons and small children are mostly affected
• Persons who are overweight/obese
• Persons on certain medications or drugs 

Be Prepared: 

• Avoid strenuous activity and exercise, especially during the sun's peak hours of 11 a.m. to 4 p.m.
• Exercise and activity should be done in the early morning between 4 a.m. and 7 a.m.
• Drink plenty of water and noncaffeinated beverages.
• Stay out of the sun and try to cool off in an air-conditioned building for a few hours during the hottest part of the day. The sun heats the inner core of your body, resulting in dehydration. If air conditioning is not available, stay on the lowest floor, out of the sunshine, or go to a public building with air conditioning
• If you must go outdoors, wear sunscreen with a high sun protector factor rating, at least SPF 15 and a hat to protect your face and head. When outdoors, wear loose-fitting, lightweight and light-colored clothing. Cover as much skin as possible to avoid sunburn and over-warming effects of sunlight on your body.
• Do not leave children, pets or those who require special care in a parked car or vehicle during periods of intense summer heat. Temperatures inside a closed vehicle can reach over 140 degrees Fahrenheit quickly. Exposure to such high temperatures can kill within a matter of minute.
• Make an effort to check on your neighbors during a heat wave, especially if they are elderly, have young children or have special needs. Make sure there is enough food and water for pets 

Know the Signs of Heat Related Illness 

Prolonged exposure to the heat can be harmful and potentially fatal. Call 911 if you or someone you know shows signs or symptoms of heat illness, including: 

• Headache
• Light headedness
• Muscle cramps
• Nausea
• Vomiting 

For more information on how to stay safe during periods of excessive heat, click here. 

New Yorkers Urged to Conserve Electricity 

Taking smart steps to reduce energy use, particularly during periods of peak demand, not only helps to lower the state's peak load, it will save consumers money when electricity is the most expensive. To reduce energy use, particularly during peak periods, the public is encouraged to take some of the following low- or no-cost energy saving measures:

• Close drapes, windows and doors on your home's sunny side to reduce solar heat buildup.
• Turn off air conditioners, lights and other appliances when not at home and use a timer to turn on your air conditioner about a half-hour before arriving home. Use advanced power strips to centrally "turn off" all appliances and save energy.
• If purchasing an air conditioner, look for an ENERGY STAR qualified model. ENERGY STAR air conditioners use up to 25 percent less energy than a standard model.
• Fans can make rooms feel five to 10 degrees cooler and use 80 percent less energy than air conditioners.
• Set your air conditioner at 78 degrees or higher to save on your cooling costs.
• Place your air conditioner in a central window, rather than a corner window, to allow for better air movement.
• Consider placing the unit on the north, east or the best-shaded side of your home. Your air conditioner will have to work harder and use more energy if it is exposed to direct sunlight.
• Seal spaces around the air conditioner with caulking to prevent cool air from escaping.
• Clean the cooling and condenser fans plus the coils to keep your air conditioner operating efficiently and check the filter every month and replace as needed.
• Use appliances such as washing machines, dryers, dishwashers and ovens early in the morning or late at night. This will also help reduce humidity and heat in the home.
• Use energy-efficient, ENERGY STAR qualified light bulbs instead of standard incandescent light bulbs, and you can use 75 percent less energy.
• Microwave food when possible. Microwaves use approximately 50 percent less energy than conventional ovens.
• Dry clothes on a clothes line. If using a clothes dryer, remember to clean the dryer's lint trap before every load.
• Be mindful of the different ways you're consuming water throughout your home. Instead of using 30 to 40 gallons of water to take a bath, install a low-flow showerhead, which uses less than 3 gallons a minute.
• Lowering the temperature setting on your wash machine and rinsing in cold water will reduce energy use. 

Additional tips on how to conserve energy is available on NYSERDA's website here.

Attorney General James Reaches $230 Million Settlement for Treatment and Prevention of Opioid Crisis in New York, Johnson & Johnson Ends Sale of Selling Opioids

 

NYS Eligible to Receive Up to Half of all Funds Within Months if Executive Chamber Signs New Legislation Into Law Creating Opioid Settlement Fund

AG James’ Trial Against Remaining Opioid Manufacturers and Distributors Commences This Week as Part of Overall Push to Hold Opioid Industry Accountable

 New York Attorney General Letitia James announced an agreement with Johnson & Johnson (J&J) — the parent company of Janssen Pharmaceuticals, Inc. — that will deliver up to $230 million to New York state, in the largest monetary settlement ever secured by Attorney General James. The agreement resolves claims made by Attorney General James for the company’s role in helping to fuel the opioid epidemic and would allocate payments over nine years, with substantial payments made upfront. The agreement also requires J&J to pay $30 million more in payments in the first year if the New York state executive chamber signs into law new legislation that creates an opioid settlement fund, and other criteria are met. If that legislation — which passed the state Legislature unanimously — becomes law and all litigating subdivisions within New York sign on to today’s settlement, New York would be eligible to receive more than half of total payments, or more than $130 million, as soon as February 2022. Today’s agreement also makes enforceable a bar stopping J&J and all of its subsidiaries, predecessors, and successors from manufacturing or selling opioids anywhere in New York, and acknowledges Johnson & Johnson’s exit from the opioid business nationally. 

“The opioid epidemic has wreaked havoc on countless communities across New York state and the rest of the nation, leaving millions still addicted to dangerous and deadly opioids,” said Attorney General James. “Johnson & Johnson helped fuel this fire, but today they’re committing to leaving the opioid business — not only in New York, but across the entire country. Opioids will no longer be manufactured or sold in the United States by J&J. We are also delivering up to $230 million to fund opioid prevention, treatment, and education efforts across New York state. While no amount of money will ever compensate for the thousands who lost their lives or became addicted to opioids across our state or provide solace to the countless families torn apart by this crisis, these funds will be used to prevent any future devastation. Our trial against the remaining defendants will commence this coming week, where we will lay bare the callous and deadly pattern of misconduct these companies perpetrated as they dealt dangerous and addictive opioids across our state. As always, our goal remains getting funds to those devastated by opioids as quickly as possible.”

In March 2019, Attorney General James filed the nation’s most extensive lawsuit to hold accountable the various manufacturers and distributors responsible for the opioid epidemic. In addition to J&J, the manufacturers named in the complaint included Purdue Pharma and its affiliates, as well as members of the Sackler Family (owners of Purdue) and trusts they control; Mallinckrodt LLC and its affiliates; Endo Health Solutions and its affiliates; Teva Pharmaceuticals USA, Inc. and its affiliates; and Allergan Finance, LLC and its affiliates. The distributors named in the complaint were McKesson Corporation, Cardinal Health Inc., Amerisource Bergen Drug Corporation, and Rochester Drug Cooperative Inc.

The cases against Purdue Pharma (and subsequently the Sackler family), Mallinckrodt, and Rochester Drug Cooperative are all now moving separately through U.S. Bankruptcy Court. The trial against all other defendants is currently slated to begin this coming week.

Largest Monetary Recovery in Attorney General James’ Tenure

As part of today’s agreement, J&J will pay New York state a total of up to $229,862,769.25, with payments made over the course of nine years. The schedule of those payments will depend on a number of circumstances, including how many of the state’s political subdivisions accept and choose to participate in today’s agreement, as well as whether the state’s executive chamber signs legislation — approved earlier this month — that creates an opioid settlement fund. The bill creating the opioid settlement fund is currently with the executive chamber, and would ensure payments for New York state under any opioid settlement or through litigation would be earmarked towards prevention, treatment, education, and other forms of abatement, instead of towards the state’s general fund.

Under the most aggressive schedule, where this new legislation is signed into law and all subdivisions accept the terms of the settlement, the first three years of payments — totaling $134,330,271.65, more than half of the $230 million — will be accelerated and paid as soon as February of 2022.

Johnson & Johnson’s Ends its Sale of Opioids Nationwide

In addition to negotiating the largest monetary settlement since she took office, Attorney General James negotiated substantial injunctive relief securing the end of J&J’s manufacturing of opioids and their distribution across New York and the rest of the nation. J&J has committed to ending the manufacture and sale of all opioids and opioid products for distribution in the state of New York, as well as to no longer ship these products anywhere within the United States. The company will also provide the Office of the Attorney General with details of when the last of the inventory of opioids it has already shipped expires. 

Additionally, J&J will be prohibited from promoting opioids or opioid products through sales representatives, sponsorships, financial support, or any other means; will not be allowed to provide financial incentives to its sales and marketing employees for the sale of these products; and will not, directly or indirectly, provide financial support or in-kind support to any third party that primarily engages in conduct that promotes opioids, opioid products, or products for the treatment of opioid-induced side effects.

J&J will additionally be forbidden from disciplining its sales and marketing employees for not hitting opioids sales quotas — one of the key motivators J&J and other companies had in marketing opioids so heavily to the American public — and will not be allowed to use, assist, or employ any third party to engage in any activity that J&J itself would be prohibited from engaging in pursuant to today’s agreement.

J&J will also be prohibited from lobbying federal, state, or local legislative or regulatory authorities about opioids or opioid products.

Finally, J&J will have to make additional information about opioids and opioid products more accessible to the public, including to patients, health care providers, and others. Part of how J&J will fulfill this provision is by sharing clinical trial data under the Yale University Open Data Access (YODA) Project to allow researchers qualified under the program to access the company’s propriety data under the terms of the project.

Today’s agreement would additionally resolve lawsuits against J&J by Nassau and Suffolk counties if the county legislatures approve it next month. In the meantime, Attorney General James plans to make a motion removing J&J from New York’s upcoming opioid trial slated to begin this coming week.

Today’s agreement was negotiated in coordination with a larger global settlement that remains ongoing, but that could possibly end litigation by thousands of additional entities, including all litigation pending by state attorneys general around the nation. While a global settlement still remains under negotiation, if a settlement is reached before February 15, 2022, New York will join that settlement and the terms of today’s agreement will be folded into that settlement.

Separately, but related to her work on opioids, in February, Attorney General James co-led a coalition of nearly every attorney general in the nation in delivering more than $573 million — more than $32 million of which was earmarked for New York state — toward opioid treatment and abatement in an agreement and consent judgment with McKinsey & Company. The agreement with one of the world’s largest consulting firms resolved investigations by the attorneys general into the company’s role in working for opioid companies, helping those companies promote their drugs, and profiting millions of dollars from the opioid epidemic.

It Was Billed as A Senator Gustavo Rivera Assemblyman Victor Pichardo, and Councilman Oswald Feliz event, but Feliz and Pichardo Were no Shows.

 As you can see on the flyer, this event was billed as a three elected official event, but only State Senator Gustavo Rivera was there. We can understand Assemblyman Pichardo who has been in office for years now missing one event, but Councilman Oswald Feliz was just elected, and he is telling his constituents thank you for voting for me, I will see you in two years when I am up for re-election.

Senator Gustavo Rivera by his table which gave out hand sanitizer and face masks, now that New York has reached the 70 percent mark, and COVID restrictions have been almost all but lifted. He points to us taking this photo, and asks his staff to turn around and smile. Other tables were set up, but Where was Councilman Oswald Feliz?

We can only see Senator Rivera's smile, as his staff have their masks still on.