MAYOR ADAMS’ STATEMENT ON EDUCATION FUNDING IN FY23 BUDGET

 

New York City Mayor Eric Adams today released the following statement regarding education funding allocated in the Fiscal Year 2023 budget reached last week with the City Council:

 

“I am proud of the early budget reached with the New York City Council last week, in which we committed to fully funding our schools. But that’s only the beginning — this summer we will provide record funding for summer youth employment, which will provide over 100,000 summer jobs for our young people, in addition to summer academic and enrichment programming for 200,000 of our scholars. 

 

“The bottom line is that while the pandemic wreaked havoc on our budget, we never doubted our responsibility to prioritize our schools, and therefore, our future generations. Finally, we are always adapting to student and community needs, and my administration is dedicated to increasing funding this fall if student enrollment rebounds.

 

“I’m committed to working with Speaker Adams, the City Council, and all my colleagues in government to finalize this budget as we continue to ‘Get Stuff Done’ for all New Yorkers.”

 

EDITOR'SNOTE:

Public School budgets are determined by student enrollment. Principals give a projected enrollment based on the prior years enrollment, minus the graduating class, but adding the projected first grade level class. 

On October 31, the school enrollment figures are compared to the projected enrollment figures, and if more students are enrolled than projected the school's budget is revised up. If less students are enrolled than projected then the school's budget is revised down. 

U.S. Attorney Announces $1.5 Million Settlement With Tzumi Innovations, LLC For Selling Unregistered Antimicrobial Household Products During The Covid-19 Pandemic

 

 Damian Williams, the United States Attorney for the Southern District of New York, and Lisa F. Garcia, Regional Administrator of the U.S. Environmental Protection Agency (“EPA”), announced today that the United States has filed and simultaneously settled a counterclaim against TZUMI INNOVATIONS, LLC (“TZUMI”) for illegally distributing and selling millions of products claiming to have antimicrobial properties in violation of the Federal Insecticide, Fungicide, and Rodenticide Act (“FIFRA”) during the height of the COVID-19 pandemic.  TZUMI sold these products without submitting them to EPA for registration, a mandatory process that allows EPA to assess the safety and effectiveness of the products.  TZUMI specifically targeted lower-income customers for sale of one of its products, “Wipe Out! Wipes.” 

The proposed stipulation and order of settlement (“settlement”) agreed to by TZUMI includes payment of a $1.5 million civil penalty, the largest FIFRA civil penalty ever obtained in a judicial settlement and one of the largest FIFRA penalties obtained by EPA in any context. 

U.S. Attorney Damian Williams said:  “At the height of the pandemic, Tzumi misled consumers and retailers and exposed the public to pesticide products that had not been found by EPA to be safe and effective.  It compounded matters by targeting low-income customers, who face disproportionate environmental burdens.  Today’s settlement ensures that Tzumi pays the price for its misconduct.  We will continue to pursue justice in environmental enforcement matters.”

EPA Regional Administrator Lisa F. Garcia stated:  “Consumers must be provided accurate information about pesticide products and merchandise such as those items involved in this case, which must be properly labeled and registered with EPA to protect public health.  This settlement demonstrates EPA’s commitment to hold companies accountable that violate critical environmental laws and includes a provision where Tzumi Innovations, LLC will develop an extensive campaign to inform the public and retailers about the appropriate uses for the products in question.”

The counterclaim filed in Manhattan federal court today alleges that in 2020, TZUMI began to sell three product lines—Wipe Out! Wipes, Wipe Out! Multi-Surface Wipes, and Wipe Out! Multi-Surface Decontaminant Spray—in an effort to respond to the public’s increased demand for disinfectant products during the COVID-19 public health crisis.  TZUMI expressly stated that it intended Wipe Out! Wipes to be sold to “lower income level customers.” 

None of these supposedly antimicrobial products were registered with EPA under FIFRA.  FIFRA prohibits the distribution or sale of pesticides—including products claiming to have antimicrobial properties intended to be used to disinfect surfaces—that are not registered under FIFRA, absent exceptions to registration not applicable here.  Registration is a critical step in ensuring the efficacy and safety of antimicrobial pesticides:  Among other things, during registration, EPA reviews the application information and performs a rigorous, comprehensive scientific assessment of the product, including the product’s active and inert ingredients and the proposed uses of the product, to ensure that the product is effective and has no unreasonable adverse effects on human health or the environment when used for its intended purpose and according to labeled directions. 

TZUMI failed to register the Wipe Out! products with EPA, even though its labeling made antimicrobial pesticidal claims suggesting that these products were intended to be used to disinfect surfaces and TZUMI had knowledge that the products would be used as a pesticide, as that term is defined in FIFRA.  Consistent with TZUMI’s claims, retailers then sold these products on their websites or in their physical stores in the same sections in which they included properly registered antimicrobial disinfectants, like Clorox and Lysol products.  Reviews on retailers’ websites demonstrate that consumers in fact were misled into believing that Wipe Out! Wipes in particular could be used as an antimicrobial pesticide to disinfect surfaces.

TZUMI’s actions put the public—including the low-income consumers that TZUMI targeted—at risk of using products that failed to work as claimed or that were unsafe. Low-income communities in general bear a disproportionate burden of environmental exposures and public health risks, and selling unregistered pesticides to these communities raises particular concerns of environmental justice.  

In the settlement lodged with the federal court today, TZUMI admits, acknowledges, and accepts responsibility for the following, among other things:

• In 2020, Tzumi introduced new product lines to the domestic household market in an effort to respond to the public’s increased demand for disinfectant products during the COVID-19 public health crisis. The new products Tzumi distributed or sold included Wipe Out! Wipes, Wipe Out! Multi-Surface Wipes, and Wipe Out! Multi-Surface Decontaminant Spray.
• Wipe Out! Wipes, Wipe Out! Multi-Surface Wipes, and Wipe Out! Multi-Surface Decontaminant Spray have never been registered as pesticides with EPA under Section 3 of FIFRA, 7 U.S.C. § 136a.
• From at least August through December 2020, Tzumi distributed 4,895,184 units of Wipe Out! Wipes to Home Depot bearing a label stating on the front in part “Wipe Out Antibacterial Wipes” and “KILLS GERMS FAST*” and on the back in part “To decrease bacteria on the skin that could cause disease”; “Cleans and sanitizes”; “KILLS 99.9% OF GERMS*”; “*Escherichia Coli (E. coli), Staphylococcus Aureus (Staph), Candida Albicans”; and “Use it Anytime, Anywhere.” 
• From October through November 2020, Tzumi sold 472,281 units of Wipe Out! Multi-Surface Wipes bearing a label that displayed the words “active ingredient” and “purpose: antibacterial” and graphics of household appliances, bathroom fixtures, and surfaces.
• From February 2021 through April 2021, Tzumi sold 62,796 units of Wipe Out! Multi-Surface Decontaminant Spray that stated on its label “Controls Algae Harmful Bacteria” (sic) and “… spray directly on the surface and let stand … ten minutes for antimicrobial response.”

The settlement requires TZUMI to pay a $1.5 million civil penalty and to issue corrective statements advising consumers and retailers of the unregistered status and limited appropriate use of the Wipe Out! products.  It also requires TZUMI not to distribute or sell such unregistered pesticide products in the future. 

The settlement remains subject to a period of public comment and Court approval.  Notice of the proposed settlement will be published in the Federal Register and the public will have the opportunity to submit comments on the proposed settlement for a period of at least 30 days before it is submitted for the Court’s approval.

U.S. Attorney Williams thanked EPA Region 2’s attorneys and program staff for their critical work on this case.

NYS Office of the Comptroller DiNapoli: State Pension Fund Adds $350 Million to Investment Funds Geared to New York Companies

NY's In-State Investment Program the Largest in Nation; Over $2 Billion Committed to Help Grow NY-Based Companies  The New York State Common Retirement Fund (Fund) is committing another $350 million to two investment funds through its In-State Private Equity Investment Program, State Comptroller Thomas P. DiNapoli, trustee of the Fund, announced today. “The In-State Program has helped hundreds of New York businesses add and retain thousands of jobs and grow while achieving solid returns for the retirement system members and their beneficiaries that rely on the pension fund for their retirement security,” DiNapoli said. “We’ve committed more than $2 billion through this program to invest in New York state companies and I’m proud to continue building on our successful track record.” The Fund will provide $50 million in additional capital to the Hudson River Co-investment Fund III, which it already invests in, and another $300 million in the new Hudson River Co-investment Fund IV. The funds make equity co-investments (investments alongside a lead sponsor) in growing New York-based companies. Hamilton Lane will manage the funds. The firm has a 20-year successful track-record managing these types of funds. “We are pleased to continue to support the mission of the New York State Common Retirement Fund by facilitating their direct investment program into businesses across New York state,” said David Helgerson, managing director at Hamilton Lane. “Throughout this process, we have supported companies of all sizes, with diverse ownership and missions and within sectors ranging from software and manufacturing to healthcare and renewable energy generation. We are proud to have helped deliver strong returns to the Fund while simultaneously supporting the economic growth and vitality of people and businesses throughout the state.” The funds will follow the strategy of previous funds with investments of $5 million to $20 million in rising companies throughout the state. The funds will generally invest in healthcare, technology, transportation, business services and manufacturing companies.  The Fund will build a portfolio of 16 to 18 co-investments, diversified by year, strategy and industry. The  companies are generally valued between $10 million and $1 billion. The In-State Program is the largest and most comprehensive of any home state focused pension investment program in the United States and has now committed $2.1 billion to 56 funds. DiNapoli has added $1.7 billion of new commitments since taking office. The Fund has built a portfolio of New York investments that is diversified by geography, stage of investment and industry. In total, $1.6 billion has been invested in 522 New York companies, up from 79 in 2007. More than 50% of the capital has been invested in counties outside New York City. The program has returned over $1.5 billion on $848 million invested in 251 transactions (as of March 31, 2021), with a 10% internal rate of return from 15 realized investment commitments.

Attorney General James Shuts Down Syracuse Landlord That Exposed Children to Lead Poisoning

Endzone Properties Barred from Owning or Managing Rental Properties in New York, Must Pay $215,0000

Landlord Failed to Maintain Lead-Safe Conditions in Rental Properties,

Resulting in At Least 18 Children Poisoned With Lead 

 New York Attorney General Letitia James today announced an agreement resolving her lawsuit against landlord John Kiggins and his company, Endzone Properties, Inc., for failing to protect children from lead paint hazards in Syracuse. The lawsuit, filed in October 2021, alleged that Kiggins and Endzone endangered the health of its tenants, primarily children, by repeatedly violating lead paint laws and failing to properly address related hazards. As a result, at least 18 children residing in 17 different properties owned or managed by Endzone experienced lead poisoning.  

Today’s agreement, negotiated in partnership with Onondaga County and the City of Syracuse, permanently bans Kiggins and Endzone from managing or owning residential rental properties in the state of New York. The agreement also requires Kiggins and Endzone to pay $215,000 that will be used to prevent the exposure of children to lead paint within the City of Syracuse or Onondaga County, and/or to provide assistance to the families affected by lead poisoning.

“Lead paint exposure is a dangerous scourge on New York’s communities that disproportionately impacts our Black and brown children,” said Attorney General James. “All too often, unprincipled landlords like Endzone disregard their duty to ensure their properties are free of lead hazards and its harms. I am holding Endzone fully accountable for their deplorable and illegal actions, and I will continue to use the full force of my office to uphold the laws that protect our children from lead poisoning.”

In 2020, an investigation by the Office of the Attorney General (OAG) found that over a period of more than six years, at least 18 children were poisoned by lead paint while residing in 17 of Endzone’s estimated 89 properties. During this same period, at least 32 Endzone properties were flagged by the City of Syracuse and Onondaga County for chipping, peeling, deteriorating paint, and other conditions conducive to lead poisoning, which are prohibited by county and city laws. The OAG also found that Kiggins and Endzone engaged in repeated illegal and fraudulent acts by either not providing federally required lead disclosures or providing materially false and deceptive lead disclosures to tenants and purchasers of Endzone properties.

Endzone has sold all the properties it owned and all of the properties it once managed are now under new management. All violations found in OAG’s investigation, as well as all those flagged by the county and city, have been resolved in properties that are currently occupied.

Lead is a highly toxic metal that can cause serious and irreversible adverse health effects. Children who have been exposed to even very low levels of lead are at risk for neurological and physical problems during critical stages of early development. In fact, no safe lead level in children has been identified. Children under the age of 6 are more likely to be exposed to lead than any other age group, as their normal behaviors could result in them chewing lead paint chips; breathing in or swallowing dust from old lead paint that gets on floors, windowsills, and hands; and lead can be found in soil, toys, and other consumer products.

Lead paint in residential housing has been a pervasive problem for decades, particularly in New York. Beginning in the 20th century, paint with dangerously high levels of lead was used on both exterior and interior surfaces of housing in the United States. Lead paint has been found in approximately 43 percent of all of New York dwellings. Although New York banned the use of lead paint in 1970, with the federal government following suit in 1978, buildings constructed prior to 1978 often still have lead paint. More than 90 percent of Syracuse’s housing stock was constructed prior to 1978. The vast majority of these dwellings were constructed before New York banned lead paint in 1970.

Lead poisoning in Onondaga County occurs predominantly within Syracuse, and disproportionately harms low-income communities and communities of color. Since 2012, 87 percent of all lead poisoned children in Onondaga County were from Syracuse. Data also shows that Black children are twice as likely as white children to have elevated blood lead levels — almost 23 percent of Black children in Onondaga County tested for lead had dangerous levels of lead in their blood, while less than 11 percent of white children tested had dangerous blood lead levels. Additionally, children from households living at or below the federal poverty line are at a greater risk of exposure to lead than children from households above the federal poverty line.

Attorney General James thanks Onondaga County and the City of Syracuse for their partnership in this matter. The OAG will continue to work with them and other dedicated local partners to continue to make progress in combatting childhood lead poisoning in the region.

Attorney General James is pursuing legal actions across New York to end the scourge of childhood lead poisoning by holding accountable landlords that allow lead paint-related hazards to proliferate in low-income rental properties. In September 2021, Attorney General James announced an agreement in her lawsuit against Chestnut Holdings, a property management corporation, over its failures to protect children from lead paint hazards in New York City. Earlier in September 2021, she reached a pre-suit agreement with A&E Holdings to ensure that children living in its New York City apartments are protected from dangerous lead-based paint. Additionally, in September 2020, Attorney General James sued a group of Buffalo individuals and companies for repeated violations of city, county, state, and federal laws by illegally allowing lead paint-related hazards to accumulate in their rental properties.

WILLIAMS CALLS FOR PASSAGE OF FEDERAL GUN SAFETY LEGISLATION AFTER SENATE DEAL

 

"It was ten years ago, after twenty children and six adults were massacred at Sandy Hook, that basic, common-sense gun safety legislation failed on the floor in Congress. In the decade since, over 400,000 Americans have lost their lives to gun violence.

"Now, we’re in a place where we have to celebrate Congress reaching a deal on even the most basic provisions, as we mourn the loss that has resulted from years of inaction, and know that this is only a base. So much more is needed to truly transform a country whose obsession with guns is devastating and disproportionate on a global scale. 

"I’m grateful to the advocates, especially families who heroically turned pain into purpose, who have brought us to this point of action. Parts of this deal, if passed, have the potential to meaningfully impact gun violence in our country– both mass shootings and street violence – and we should enact them, while acknowledging they represent only the floor of gun safety measures. Especially as the Supreme Court threatens to strike down New York’s protections, we cannot wait for the next mass shooting that shocks our senses and our conscience before continuing to move forward legislation and resources on all levels of government to disrupt the pipeline of violence that plagues our city, state, and nation."

PUBLIC ADVOCATE

FOR THE CITY OF NEW YORK

JUMAANE D. WILLIAMS

Riverdale Pride Event At the Bronx Burger House

The Riverdale Pride event, was originally scheduled to be at the Riverdale Neighborhood House, was cancelled due to predicted heavy rain all day Sunday. There were those however, including NYC Drag sensation Kelly KaBoom who wound up having an alternate Riverdale Pride event at the Bronx Burger House on Mosholu Parkway a few blocks away from the Neighborhood House. 

Bronx Burger House manager Laura Levine-Pinedo welcomed everyone, and when the rain stopped the outside dining area was dried off for more people to sit since all the seats inside were occupied. Inside was NYC Drag Queen Kelly KaBoom who greeted you as you walked in. She can be seen at the Identity Bar on East 233rd Street every Friday night, where she does a live show.

 

Bronx Burger House manager Laura Levine-Pinedo stood by the door giving a thumbs up as the rain had stopped, and she was about to dry off the outside tables as all the inside seating was full. 

Patron Jerome McCarthy shows off his Bronx Burger House Pride T-Shirt.

Inside the Bronx Burger House for Riverdale Pride, was Drag Queen Kelly KaBoom to greet you. 

Crest & Oral-B dental screening event at CVS in Morris Park

 

It was a clear sunny day when the mobile Dentistry Clinic KARE in partnership with Proctor & Gamble oral products (Crest and Oral-B), and the CVS Drug Store on Williambridge Road in the Morris Park section of the Bronx did free dental exams last week. 

The back half of the CVS parking lot was closed off so vans with dental chairs, and tables with gifts for those who chose to participate by getting a free oral exam. You were asked a few questions about how you routinely clean your teeth, and which products are used as they were giving out an Oral-B toothbrush with a small tube of Crest Premium toothpaste. My checkup went well as I received a pre dentist evaluation of my teeth to know if my dentist says I need work that I really don't need. The whole exam and paperwork took less than thirty minutes, and to me it was well worth it.

The sign outside the Morris Park CVS informing people of free dental checkups.

Tents were set up in the back of the CVS parking lot.

Dental chairs were set up in the van, and in the parking lot.

A dentist and dental assistants were on hand for free dental checkups.

NYS Office of the Comptroller - New York One of Only Seven States to Owe Money to Federal Unemployment Trust Fund

 

State Owes $8.1 Billion, Second to Only California

 Despite recent significant payments to the federal Unemployment Trust Fund (UTF), New York is one of only seven states or territories with unemployment insurance (UI) funds that are in debt to the federal government, and the $8.1 billion owed in the outstanding loan balance is second only to California, according to a new analysis by State Comptroller Thomas P. DiNapoli.

As DiNapoli detailed in a September 2021 report, the devastating job losses caused by the COVID-19 pandemic led to a record number of UI claims, necessitating continued borrowing from the federal government beginning in May 2020. If New York’s outstanding balance is not fully repaid by November 10, 2022, interest costs will mount, as will the federal portion of employers’ 2022 tax bills.

“New York’s unemployment insurance debt has remained stubbornly high despite steady employment gains and state tax rates that have already increased to maximum permissible levels,” DiNapoli said. “Absent any significant federal or state action, repaying the loan and replenishing the unemployment fund will require federal tax increases that may be burdensome to small businesses and could hinder the state’s economic recovery.”

DiNapoli’s analysis, includes:

• A month-by-month look at the UFT loan balance;
• The state’s increased UI tax collections; and
• Responses by other states.

Analysis

Economic and Policy Insights