Emergency Executive Order 98 May 21, 2022 INFANT FORMULA SHORTAGE

 

WHEREAS, in February 2022, concerns about contamination at the Sturgis, Michigan facility of Abbott Nutrition, the largest manufacturer of infant formula in the United States, led to a voluntary recall of several lines of powdered formula and the temporary closure of the Sturgis facility; and

WHEREAS, the closure of the Sturgis facility, along with supply chain problems caused by the COVID-19 pandemic and other issues affecting the national economy, have led to shortages in infant formula; and

WHEREAS, there is a shortage of specialty formulas, which presents a particular difficulty for families that rely on such formulas due to allergies or medical necessity; and

WHEREAS, on May 16, 2022, the Food and Drug Administration (“FDA”) reached an agreement with Abbott Nutrition to safely recommence production in the Sturgis, Michigan facility by the end of the month, but it is anticipated that it will take up to eight weeks for the re-opening to result in more formula on store shelves; and

WHEREAS, according to the Centers for Disease Control and Prevention, the majority of parents and caregivers in New York City rely on some amount of formula to feed their babies; and

WHEREAS, the FDA has called on companies to issue purchasing limits to limit predatory behavior, and the Department of Justice has encouraged state attorneys general to use their powers to monitor and address price gouging in the infant formula market; and

WHEREAS, on May 18, 2022, President Biden, citing an “acute disruption” in the supply of infant formula, invoked the Defense Production Act to ensure that manufacturers have the necessary ingredients to make safe and healthy infant formula, and has required suppliers to direct needed resources to infant formula manufacturers; and

WHEREAS, to accelerate the import of infant formula, President Biden has also directed the Department of Health and Human Services and the Department of Agriculture to use Department of Defense commercial aircraft to transport infant formula that meets U.S. health and safety standards to the United States; and

WHEREAS, the current difficulties parents and caregivers are experiencing in obtaining infant formula in New York City and nationwide have been widely reported; and

WHEREAS, the New York City Department of Consumer and Worker Protection has received complaints concerning allegations of sellers charging excessive prices for infant  formula, and, pursuant to section 5-42 of Title 6 of the Rules of the City of New York, it is an unconscionable trade practice to sell or offer for sale certain goods, including infant formula, at an excessive price during a declared state of emergency in New York City; and

WHEREAS, the inability of parents and caregivers to obtain infant formula poses an imminent threat to the health and safety of infants in New York City;

NOW, THEREFORE, pursuant to the powers vested in me by the laws of the State of New York and the City of New York, including but not limited to the New York Executive Law, the New York City

Charter and the Administrative Code of the City of New York, and the common law authority to protect the public in the event of an emergency, it is hereby ordered:

Section 1.  State of Emergency.  A state of emergency related to a shortage in the supply of infant formula is hereby declared to exist within the City of New York.

§ 2.  I hereby direct all agency heads, including the Department of Health and Mental Hygiene, the Department of Consumer and Worker Protection, the Department of Social Services, and the Mayor’s Office of Food Policy to take all appropriate and necessary steps to preserve public health while the shortage of infant formula persists.

§ 3.  I hereby direct the Department of Consumer and Worker Protection to exercise its authority under section 5-42 of Title 6 of the Rules of the City of New York to prevent the charging of excessive prices for infant formula.

§ 4.  This Executive Order shall take effect immediately.  The State of Emergency shall remain in effect for a period not to exceed thirty (30) days or until rescinded, whichever occurs first. Additional declarations to extend the State of Emergency for additional periods not to exceed thirty (30) days shall be issued if needed.

Eric Adams

Mayor

MAYOR ADAMS DECLARES NYC STATE OF EMERGENCY AMID NATIONWIDE INFANT FORMULA SHORTAGE

 

EEO 98 Empowers The Department of Consumer And Worker Protection to Crack Down on Price Gouging for Formula

 

Multiagency Effort Will Focus on Ensuring Steady Supply of Formula for New York City Families, Especially Those in Greatest Need

New York City Mayor Eric Adams today signed Emergency Executive Order 98 (EEO 98), declaring a state of emergency related to the shortage of supply in infant formula. The order will empower the New York City Department of Consumer and Worker Protection (DCWP) to prevent price gouging for formula under section 5-42 of Title 6 of the Rules of the City of New York. The effort comes as the United States grapples with a nationwide shortage of infant formula, stemming from a voluntary recall and temporary closure of a facility by Abbott Nutrition, one of the largest formula providers in the country.

 

“The nationwide infant formula shortage has caused unimaginable pain and anxiety for families across New York — and we must act with urgency,” said Mayor Adams. “This emergency executive order will help us to crack down on any retailer looking to capitalize on this crisis by jacking up prices on this essential good. Our message to struggling mothers and families is simple: Our city will do everything in its power to assist you during this challenging period.”

 

“The nationwide infant formula shortage is hurting parents and families across our city at a time when we're all still reeling from the crisis of past two years,” said Deputy Mayor for Health & Human Services Anne Williams-Isom. “This executive order will ensure all of our agencies can use every tool in their toolkit to get infant formula to those who need it and make sure our youngest New Yorkers stay.”

 

“As the national baby formula shortage is playing out locally, we are using the tools available to us to protect consumers and working families,” said Deputy Mayor for Economic and Workforce Development Maria Torres-Springer. “The actions we are taking with this emergency declaration and executive order sends a clear message to any unscrupulous actors that may try to take advantage of this situation: not in New York City.”

 

Nationwide, over 40 percent of large retailers are out of stock of formula, including 43 percent of retailers in the tristate area, according to the most recent data estimates. Earlier this week, U.S. President Joseph Biden invoked the Defense Production Act to direct suppliers of formula ingredients to prioritize delivery to the manufacturers of formula. President Biden also announced the creation of Operation Fly Formula, which directs the U.S. Department of Health and Human Services and the U.S. Department of Agriculture to import formula from abroad, provided it meets U.S. health and safety standards.

 

New Yorkers who are overcharged for formula can file a complaint with DCWP online at nyc.gov/dcwp or by calling 311 and saying “overcharge.”

 

“As New York’s consumer protection agency, we are committed to ensuring retailers do not take advantage of this nationwide formula shortage for their own financial gain,” said DCWP Commissioner Vilda Vera Mayuga. “Under this new executive order, DCWP will enforce against any instances of price gouging, and we encourage any New Yorker who sees significant price increases in infant formula to report it to 311.”

 

“At its core, the nationwide infant formula shortage is a public health issue, triggered by failings in our economic and regulatory systems,” said Health Commissioner Ashwin Vasan. “New York City parents and caregivers who rely on formula to feed their babies deserve stable access for their children’s healthy development and nutrition. We are committed to working in partnership with our sister agencies to ensure a steady supply of formula for all New Yorkers.”

 

“We know that shortages in critical goods often affect our city’s most vulnerable, especially those New Yorkers and their families who rely on city services,” said DSS Commissioner Gary Jenkins. “DSS will work collaboratively with partners on the city, state, and federal level to meet the need for infant formula and fill any supply gaps, especially for those with the greatest level of need.”

“The Mayor’s Office of Food Policy’s core mandate is to promote policies and initiatives that improve food security and increase access to healthy, nourishing foods, and nothing can be more urgent than providing necessary sustenance to our youngest and most vulnerable,” said MOFP Executive Director Kate MacKenzie. “While the shortage is playing out on a national scale, we know that the pain is being felt acutely at the local level — and we will do everything in its power to provide meaningful relief for New York City families who are struggling to find affordable, accessible formula.”

Statement from NYGOP Chairman Nick Langworthy on the Special Master's Final District Maps

 

“Today is a good day for democracy. Democrats’ scheme to rig the election is finally dead beyond revival. We took on this fight on behalf of the 20 million citizens of this state who deserve free and fair elections. It should not be forgotten by voters that Governor Hochul, DCCC Chair Congressman Maloney, and Senator Gianaris were the chief architects of this outrageous and illegal attempt to strip New Yorkers of their rights and cheat, all at an enormous cost to taxpayers. This is yet another reason why one-Party rule must be demolished in this year’s election, which we look forward to competing in on the merits.”

PUBLIC ADVOCATE CALLS FOR NYPD TO FOLLOW 'RIGHT TO RECORD ACT' PROTECTING NEW YORKERS' ABILITY TO FILM POLICE

 

New York City Public Advocate Jumaane D. Williams today called on the New York Police Department to ensure their training, signage, and internal policies are fully in compliance with the Right to Record Act, legislation he passed in 2020 codifying New Yorkers’ right to safely record police officer activity. The transparency and accountability that this right helps to provide and protect are essential for law enforcement to play their role in co-producing public safety.

In a letter to the Commissioner and Deputy Commissioner of the NYPD, Public Advocate Williams questions the leaders of the city’s police force about department policy and training related to recording officers on the job. He also called on the department to update its internal policies to be in compliance with the Right to Record law.

“The right to safely document police activity is foundational, and critical to public safety. We cannot give into the false notion that communities must choose between accountability and transparency in policing or safer streets,” said Public Advocate Jumaane D. Williams. “With that in mind, since passage of the law, civil rights advocates, as well as my office, have become concerned that some New York Police Department policies may be in violation of and opposition to the Right to Record.” 

The right to safely document members of the NYPD is essential for transparency, accountability, and fairness for everyone in New York City. The Right to Record Act codified into local law a person's right to record New York City police officers or peace officers acting in their official capacity, from a safe distance and while not interfering with police activity. The legislation originally came after a number of prominent instances when civilians' right to record was deliberately infringed, and was enacted in the wake of the protests after George Floyd’s death on camera.

This new inquiry from the Public Advocate comes after reporting that then-61 year old Ms. Patricia Rodney was forcibly detained, and her arm broken, in December of 2020 after saying she would record office activity while at the 62nd precinct. There have also been additional public discussions in recent months about the right to record being questioned or impeded in street encounters. 

The full text of the letter from Public Advocate Williams can be downloaded here.

Dear Commissioner Sewell and Assistant Deputy Commissioner Chernyavsky,

I write to you today concerning the public’s right and ability to record interactions with New York City Police Officers. In 2020, the City enacted the Right to Record Act, which codifies legal protections for New Yorkers who film police officers. The right to safely document police activity is foundational, and critical to public safety. We cannot give into the false notion that communities must choose between accountability and transparency in policing or safer streets. With that in mind, since passage of the law, civil rights advocates, as well as my office, have become concerned that some New York Police Department policies may be in violation of and opposition to the Right to Record.

According to recent reporting, in December 2020, Patricia Rodney went to the 62nd Precinct to file a police report for a lost glucose monitor. After multiple visits, and conflicting information from officers at her local precinct, she refused to leave the precinct without a police report. Officers at the Dyker Heights precinct informed Ms. Rodney that she was being recorded via body cam, and she took her phone out to record the officers as well. Immediately, the officers insisted she was breaking policy by filming them, despite her Right to Record protections, and tackled her, breaking her arm. The sign inside the precinct stated, “Members of the public are prohibited from audio/video recording or photography inside the facility.” However, that sign, and the behavior of the NYPD, are seemingly in violation of the Right to Record Act.

After this incident, and as there have been other questions and concerns about impeding New Yorkers’ right to record police, the city and my office need clarity on how the NYPD will meet their obligation and comply with the Right to Record Act moving forward.

Therefore, I ask the following questions:

• What policies are in place for police officers to interact with individuals that record near or in police stations when they do not pose a physical threat? 
• How has the New York Police Department incorporated the Right to Record Act within these policies? Additionally, is the Right to Record Act incorporated into all written materials and signage inside and around police precincts?
• How is the New York Police Department training officers to be in compliance with the Right to Record Act?

I look forward to receiving your response within ten business days of receiving this letter. For further discussion, please contact First Deputy Public Advocate Nick E. Smith at nsmith@advocate.nyc.gov and correspondence@advocate.nyc.gov. Thank you very much for your time and consideration.

Sincerely,

 

Jumaane D. Williams

Public Advocate for the City of New York

DCP Releases Report on Waterfront Access and Ways to Better Connect More New Yorkers to the Shoreline

 

An updated Waterfront Access Map provides the latest info on access points to the waterfront

Department of City Planning (DCP) Director Dan Garodnick today released Assessing New Yorkers’ Access to NYC’s Waterfront, a report that chronicles which waterfront communities offer good public access to the shore and those where access is more limited – and an update to DCP’s Waterfront Access Map. The map, which features profiles and helpful information on all of New York City’s waterfront public open spaces, and the report together emphasize the City’s commitment to making public access to the waterfront much more equitable.

“New York City’s waterfront is one of our best assets – a source of fun, relaxation, transportation, work, and much more. Every New Yorker should be able to reach and enjoy our shoreline and experience all it has to offer. This map and report lay out how people are accessing the waterfront, and how we can do even better. Both are important tools in our ongoing march towards a more equitable shoreline and city,” said DCP Director Dan Garodnick.

“As the stewards of much of New York City’s diverse waterfront—from natural areas to beaches to esplanades—we understand the importance of expanding and promoting equitable waterfront access for all New Yorkers,” said NYC Parks Commissioner Sue Donoghue. “We applaud the Department of City Planning for developing this user-friendly map and publishing this thoughtful analysis supportive of efforts to connect residents to their open spaces along the waterfront.”

The report and map were released on 5/20 as part of DCP's annual celebration of NYC’s 520-mile-long shoreline, highlighting City efforts to better connect New Yorkers to our expansive waterfront.

Using detailed walkability and transit analyses, the report found nearly three million New Yorkers live within a half-mile of the waterfront and that approximately two million of them live within walking distance of a waterfront park or open space. The remainder, about 800,000 people, do not. The report also found that more than 80% of New York City 8.5 million residents are just a 30-minute bus or subway ride away from the waterfront.

The report was done to support efforts by DCP, other city agencies, and open space advocates to expand access to the waterfront – and especially to close accessibility gaps in historically underserved communities. Expanding public waterfront access means more space for New Yorkers to exercise, relax, and interact with nature, and, more generally, be healthy.

The report highlights recent waterfront open space that successfully expanded public access in underserved areas, such as the North Shore of Staten Island and the Bronx’s Harlem River waterfront, and highlights how DCP’s Comprehensive Waterfront Plan addresses long-term strategies for expanding waterfront public access across the city. Achieving equity in access to the waterfront requires addressing physical barriers, such as highways, that have cut off communities from their own shorelines for decades.

First released in 2018, DCP’s Waterfront Access Map offers New Yorkers easily accessible information about the many access points to the waterfront and across all five boroughs. The map highlights public parks and open space created along the waterfront since 2018, such as West Farms Park in The Bronx and Shirley Chisholm State Park in Brooklyn. The map also includes 300,000 square feet (or over seven acres) of recently certified Waterfront Public Access Areas – required publicly-accessible space along the waterfront that is built and maintained by private developers of medium to high-density buildings.

It provides details on where and what type of amenities are available – so how to locate boating and in-water recreation opportunities, volleyball courts or fishing spots – and which transit options, such as bike, ferry, or subway routes, are near the publicly accessible shoreline of your choice. It allows the public to easily filter the data by features, like outdoor art exhibit or a dog run. It also offers information about how these open spaces were created and how they are maintained. 

“New York’s waterways are the largest public resource in the nation’s greatest city,” said Robert Pirani, Director of the New York – New Jersey Harbor & Estuary Program at the Hudson River Foundation. “But not everyone can access the health-giving recreation, nature, and open vistas they offer. By documenting who can and who cannot easily get to the waterfront, the Department of City Planning’s maps and reports help us all as we seek to address this challenge.”

“From Orchard Beach to Breezy Point to the North Shore of Staten Island, the new and improved Waterfront Access interactive map helps New Yorkers find waterfront access points and amenities at hundreds of waterfront parks and open spaces along the city’s 520 miles of shoreline. While we celebrate the many new waterfront access points created in recent years, some communities do not have adequate access due to former industrial sites on the water, zoning, and a history of disinvestment in underserved communities. Moreover, opportunities to physically engage with the water through recreational boating and even swimming are very limited across New York City,” said Karen Imas, Vice President of Programs, Waterfront Alliance. “We commend City Planning for exploring pathways to open new waterfronts and connect communities to local waterfronts. There are still miles of coastline entirely unused and cut off from communities and we look forward to working with the City of New York to bring all the benefits of open space, green infrastructure, and recreational opportunities to those communities that need them the most.”

The Waterfront Access Map is one of DCP’s many web products that reflect its commitment to increased accessibility and transparency for the public through well-designed, open source, web-based tools.

Department of City Planning

The Department of City Planning (DCP) plans for the strategic growth and development of the City through ground-up planning with communities, the development of land use policies and zoning regulations applicable citywide, and its contribution to the preparation of the City’s 10-year Capital Strategy. DCP promotes housing production and affordability, fosters economic development and coordinated investments in infrastructure and services, and supports resilient, sustainable communities across the five boroughs for a more equitable New York City.

In addition, DCP supports the City Planning Commission in its annual review of approximately 450 land use applications for a variety of discretionary approvals. The Department also assists both government agencies and the public by advising on strategic and capital planning and providing policy analysis, technical assistance and data relating to housing, transportation, community facilities, demography, zoning, urban design, waterfront areas and public open space.

Senator Biaggi's Week in Review: 5/16/22-5/20/22

 

Dear Community,

This past Saturday, an 18-year-old white supremacist opened fire at a Buffalo supermarket, killing ten people and leaving three injured. I am not only devastated, but enraged to learn of this horrific tragedy. My heart goes out to the loved ones of those taken, and I stand with the entire Buffalo community as we demand justice. 

This violence does not happen in isolation, but rather is part of a larger system of hate and violence that plagues our society. This attack was motivated by the far-right “great replacement” theory– a racist belief espoused by politicians and the media that falsely claims that white people are being “replaced” by immigrants and people of color. It is this flawed ideology that is signaled everyday by the Republican Party and Fox News correspondents which has resulted in the death of ten people in a predominantly Black neighborhood. Tackling this issue at its root begins with holding every politician, media pundit, right-wing personality, and individual who benefits from white supremacy accountable. 

As elected officials, it is time to put action to our words. It is unconscionable for an 18-year old  to walk into a grocery store yielding an AR-15 with racist intentions to harm and kill. We must take steps to tackle both white supremacy and our gun violence epidemic head-on. White supremacy has no home in New York, and we cannot stand idly by and allow it to further endanger our communities. 

With Gratitude,

State Senator Alessandra Biaggi

Attorney General James Provides $13.6 Million to Consumers Who Were Denied Mental Health Care Coverage

 

UnitedHealthcare Unlawfully Denied Coverage to 20,000 New Yorkers for Mental Health and Substance Abuse Treatment

 New York Attorney General Letitia James today announced the completion of $13.6 million in payments to consumers who were denied health care coverage under her landmark agreement with UnitedHealthcare, the nation’s largest health insurer. The payments are a result of an agreement that Attorney General James reached in August 2021 that resolves her federal lawsuit against United for illegally denying coverage of outpatient psychotherapy for thousands of members. This month, the settlement administrator concluded payments totaling $13.6 million for patients across the country, with almost $8 million to more than 20,000 New Yorkers with behavioral health conditions who received denials or reductions in reimbursement. In connection with the 2021 agreement, United also paid $725,000 directly to consumers who had been impacted by United’s illegal practices.

“I am proud to have recovered millions of dollars for New Yorkers who were denied access to mental health care,” said Attorney General James. “In this time of extreme stress, devastation, and pain, we must ensure more care — not less — for those seeking the help they need. I will always work to tear down the barriers to health care established by insurance companies and hold these companies accountable for failing our communities.”

New York and federal law requires health insurance plans to cover mental health and substance use disorder treatment the same way they cover physical health treatment. In August 2021, Attorney General James sued United under New York’s behavioral health parity law (originally enacted as “Timothy’s Law” in 2006) and the federal Mental Health Parity and Addiction Equity Act of 2008. Attorney General James’ complaint parallels a complaint filed concurrently by the U.S. Department of Labor (USDOL) describing two practices by United that the agencies allege violated behavioral health parity laws by improperly restricting coverage of psychotherapy. Under the “reimbursement penalty,” United had reduced reimbursement to members for psychotherapy provided by PhD-level psychologists and masters-level therapists, who are the predominant providers of this vital treatment. Additionally, under its Algorithms for Effective Reporting and Treatment (ALERT) program, United had set arbitrary thresholds to trigger reviews of psychotherapy, which often led to denials of coverage.

A total of $6 million in restitution payments were made this month to more than 11,000 New Yorkers affected by the “reimbursement penalty.” $1.6 million in restitution payments were previously made to more than 1,600 New Yorkers affected by the ALERT program.

If a consumer believes they have not received the restitution payments they are owed or have questions about the settlement, they can contact the Settlement Administrator by calling 1-866-590-8527, emailing mail@unitedoutpatientsettlements.com, or visiting the website to learn more.

NYS Office of the Comptroller DiNapoli Releases Report on Pre-Pandemic Migration Trends

 

An analysis of state personal income tax (PIT) filers from 2015 through 2019 reveals New York state resident taxpayers grew at a slower rate than nonresident filers, 3.1% compared to 13.6%, resulting, in part, from the greater number of part-year filers moving out of the state than moving in, according to a new report by New York State Comptroller Thomas P. DiNapoli. The report is based on the most recent data available. The Comptroller’s Office will continue to monitor the trends as the data is updated. Policymakers can utilize this data as a resource for evaluating the impacts of changing economic conditions and state policy actions. The average annual net out-migration of part-year taxpayers between 2015 and 2019 was approximately 28,700, or 0.3% of resident taxpayers. Married filers left New York at twice the rate (0.66%) of all filers, with married filers making between $100,000 and $500,000 per year comprising the largest numbers of departures. “The personal income tax is the single largest state revenue source for New York, accounting for two of every three tax dollars,” DiNapoli said. “New York’s fiscal health is linked to attracting and retaining taxpayers. Monitoring trends is critical and further analysis of migration trends during and after the pandemic will be needed. Expanding economic opportunities and making quality of life investments will strengthen our tax base and ensure the state can pay for critical public services." Residency and Filing Status In 2019, the most recent year of available data, there were 10.9 million state filers, 87% of which were full-time residents taxed on all income received and responsible for 83% of 2019 PIT collected. Part-year resident taxpayers, which accounted for 3% of New York’s PIT filers in 2019, reflect the movement of taxpayers into and out of the state in a single year. Nonresidents comprised 10% of filers but were responsible for 15% of the PIT collected in 2019. Nonresident filers are taxpayers who move out of New York but must file state income taxes because they still receive income from New York sources. However, this income is typically a small portion of the nonresident’s total income. Nearly half of all PIT taxpayers with incomes of $1 million or more were nonresidents. In 2019, single taxpayers accounted for 51% of total New York PIT filers, married households were 35%, and heads of household were 14%. During this period, single filers grew 7.8% and married filers grew 2.2%, while heads of household declined by 4%. Single filers are the majority of both resident and part-year filers. In contrast, more than three in five nonresident taxpayers are families (both married and head of household filers). Part-Year Taxpayer Trends The net movements of part-year taxpayers can impact collections over time as they transition to either full-time residents or nonresidents. The report found a consistently greater number of part-year filers moved out of New York than moved in between 2015 and 2019. While part-year filers represent a small share (3%) of total PIT filers, examining their characteristics can provide insight into the mobility of taxpayers, and, by extension, the economic competitiveness of New York State. From 2015 through 2019, the number of married taxpayers moving out was nearly five times that of single filers, an average of 20,405 annually. Including heads of household, the net number for families leaving increased to six times that of single taxpayers. Impact on Composition of Taxpayers With a larger net out-migration, over one in eight families paying PIT were nonresidents in 2019, higher than 2015 when it was one in nine families. While some part-year resident taxpayers who leave the state still receive income from New York entities, most exit the tax base entirely. In 2019, of the more than 157,000 part-year resident taxpayers that moved out of New York, nearly 46,000 retained New York source income after they left, potentially transitioning to nonresident personal income taxpayers in 2020. However, the portion of nonresident filers’ income that is captured is relatively small, with taxes imposed on an average of 20.6% of these taxpayers’ total income in 2019.  Report Moving In or Out? New York State Personal Income Taxpayer Migration Trends