U.S. Attorney Announces Return Of Significant Collection Of Antiquities To Cambodia

 

 Returned Artworks Include Statues from Angkor Wat and Koh Ker Archeological and Religious Sites

 Damian Williams, the United States Attorney for the Southern District of New York, announced the return of 33 Khmer antiquities to the Kingdom of Cambodia, pursuant to an agreement between the U.S. Attorney’s Office for the Southern District of New York and the family of the late George Lindemann.  The collection includes statues dating to the 10th and 12th centuries that were originally looted from religious and archeological sites in Cambodia.  The antiquities were turned over to Cambodia on September 11, 2023, and a ceremony celebrating their repatriation will be held in Cambodia at a later date.  The Lindemann family has voluntarily agreed to return the antiquities.[1]  

The antiquities returned to Cambodia include a monumental 10th century statue of Dhrishtadyumna, stolen from Prasat Chen in Koh Ker, the ancient capital of the Khmer kingdom; statues stolen from Prasat Krachap in Koh Ker, including a 10th century sculpture depicting Ardhanarishvara (half-male, half-female deity) and a 10th century Anantashayana Vishnu (reclining Vishnu with Lakshmi); as well as six heads of devas (angels) and asuras (demons) removed from the gates to Angkor Thom in the Angkor Wat complex; and a kneeling figure from Banteay Srei, a 10th century temple in Angkor Wat (photographs below).

U.S. Attorney Damian Williams said: “For decades, Cambodia suffered at the hands of unscrupulous art dealers and looters who trafficked cultural treasures to the American art market.  This historic agreement sets a framework for the return of cultural patrimony in support of the Memorandum of Understanding between the United States and Cambodia.  We thank the Lindemann family for their cooperation and assistance in the repatriation of the antiquities to Cambodia.”

Since 2012, the U.S. Attorney’s Office for the Southern District of New York, in partnership with the Department of Homeland Security, Homeland Security Investigations (“HSI”), has successfully investigated, identified, and repatriated 65 stolen and illegally imported Cambodian antiquities in the possession of individuals and institutions in the United States.  In 2019, the art dealer Douglas Latchford was indicted in the Southern District of New York with wire fraud conspiracy and other crimes related to a multi-year scheme to sell looted Cambodian antiquities on the international art market.  The Indictment was later dismissed due to Latchford’s death.

The history of Koh Ker and the illicit trafficking in Cambodian cultural patrimony is described in prior forfeiture actions filed in the Southern District of New York, including United States v. A Late 12th Century Khmer Sandstone Sculpture Depicting Standing Prajnaparamita, et al., 21 Civ. 9217, and United States v. A Late 12th Century Bayon-Style Sandstone Sculpture Depicting Eight-Armed Avalokiteshvara, 22 Civ. 229.  The statue of Dhrishtadyumna was looted from same temple site as the sculpture of Duryodhana, repatriated in 2014, which was the subject of the forfeiture action United States v. A 10th Century Cambodian Sandstone Sculpture, 12 Civ. 2600.  Dhrishtadyumna and Duryodana are figures from the Hindu epic Mahabharata.  The Ardhanarishvara and the Anantashayana Vishnu were looted from the same temple site as the Skanda on a Peacock sculpture, repatriated in 2022, which was the subject of the forfeiture action United States v. A 10th Century Cambodian Sandstone Sculpture Depicting Skanda on a Peacock, 21 Civ. 6065.

Anantashayana Vishnu

Dhrishtadyumna from Koh Ker

This announcement supports the Memorandum of Understanding, known as the “U.S.-Cambodia Cultural Property Agreement,” first signed between the U.S. and Cambodia in 2003 and renewed on August 30, 2023.

Mr. Williams thanked HSI for its outstanding work to facilitate the repatriation and praised its ongoing efforts to find and repatriate stolen and looted cultural property.  Mr. Williams also thanked the Kingdom of Cambodia’s Ministry of Culture and Fine Arts for its assistance.

This matter is being handled by the Office’s Money Laundering and Transnational Criminal Enterprises Unit.  Assistant U. S. Attorneys Jessica Feinstein and Shiva Logarajah are in charge of the case.

[1] The agreement between the Government and the Lindemanns should not be construed as a legal or factual determination that the members of the Lindemann family have violated any federal law

NYC Comptroller Lander Presses City Hall for Answers Regarding Street Vendor Sweeps and Delayed Implementation of Local Law 18

 

New York City Comptroller Brad Lander pressed City Hall for answers in a letter to Mayor Eric Adams regarding the delayed implementation of Local Law 18 passed in 2021 to provide a path for unlicensed street vendors to obtain licenses, in light of escalation of enforcement actions against street vendors in recent weeks.

As ticketing and sweeps of street vendors have increased, the Comptroller’s office is concerned that the City has failed to issue new vendor permits in a timely manner as directed under Local Law 18.

“Street vendors are an integral part of New York City’s economy and have contributed to the vitality of our streets and public spaces for decades,” Comptroller Lander wrote in the letter. “For too long, the City’s approach to these workers has been overly restrictive, preventing our city’s smallest businesses from acquiring the permits needed to formalize their businesses and contribute to our city coffers, while also failing to implement constructive regulatory enforcement without resorting to overly punitive measures.”

Local Law 18 was passed in 2021 to provide relief for street vendors, requiring the release of 445 new supervisory licenses for food vendors annually for ten years, starting in July 2022. However, the City missed the law’s first two deadlines in 2022 and 2023. Between March and May 2023, only four vendors received new permits, while over 10,000 remain on City-administered waitlists.

Despite the delay in issuing new supervisory licenses and expanding opportunities for legal vending, multiple City agencies increased enforcement activity against street vendors across the City, including the Department of Sanitation, which conducted an aggressive, high-profile sweep in late July against vendors operating in Corona Plaza who had been working for months with the Department of Transportation to obtain a concession agreement to formalize the market.

“This escalation of enforcement actions, in the absence of the legally-required expansion of permits, is in contradiction to the spirit of Local Law 18,” Lander wrote in his letter. “I am concerned that the slow pace of implementation of this legislation and the simultaneous escalation in enforcement actions are failing the city’s street vendors, many of whom are women, people of color, and immigrants. This lack of accessible permitting forces workers into an informal economy, rather than expanding legal work opportunities and promoting a functioning regulatory system of vending.”

The letter asks for detailed information from the relevant City agencies about licenses and permits, vending waitlists, sweeps and tickets, and vendor engagement in order to hold the City accountable to Local Law 18 and advocate for the rights and fair treatment of street vendors in New York City.

Read the full letter to Mayor Adams.

“From the tamaleras of Sunset Park to the souvenir vendors of Times Square, street vendors fold our city’s unrivaled diversity into our streets and sidewalks. The historic passage of Local Law 18 in 2021 was intended to bring our smallest businesses into the formalized economy – but its severely delayed implementation has only pushed vendors further into the shadows. The current system is discriminatory and punitive: a lack of available business licensing, the absence of an agency to lead education, coupled with escalating enforcement. We ask for swift action to support, not harm, our street vendors and our city’s economy as a whole,” said Mohamed Attia, Managing Director, Street Vendor Project at the Urban Justice Center. 

Governor Hochul Announces $20 Million Financing Fund for Decarbonization Projects in Disadvantaged Communities

 

Financing Vehicle Unlocks Complementary State and Federal Funding for Capital Deployment to Projects that Reduce Emissions from the Built Environment

Supports Climate Leadership and Community Protection Act Goals to Reduce Emissions 85 Percent by 2050 and Ensure at Least 35 Percent of Benefits – with a Goal of 40 Percent – are Directed to Disadvantaged Communities

 Governor Kathy Hochul today announced a $20 million State Energy Financing Fund for entities offering affordable financing for decarbonization projects that deliver benefits to disadvantaged communities. This financing vehicle provides a complementary funding opportunity for entities also applying to the U.S. Department of Energy Loan Programs Office Title 17 Clean Energy Financing Program’s Section 1703, to support capital deployment for projects in New York State that reduce emissions from the built environment, including buildings and other infrastructure. Today's announcement supports the Climate Leadership and Community Protection Act goals to reduce emissions 85 percent by 2050 and ensure at least 35 percent of benefits – with a goal of 40 percent – are directed to Disadvantaged Communities.

"The State Energy Financing Fund builds on New York’s continued efforts to lead the nation toward a cleaner and more sustainable future by supporting innovative projects that reduce emissions and help us meet our climate goals,” Governor Hochul said. “Through this fund, we are improving access to decarbonization projects in underserved communities across the state to help lower energy costs for New Yorkers and build a greener, more equitable future for all.”

Through the new program, administered by the New York State Energy Research and Development Authority (NYSERDA), direct capital support and credit enhancements are now available to entities actively working with or developing plans to apply to the LPO Title 17 Clean Energy Financing Program’s Section 1703 to deploy capital into decarbonization projects in New York State. NYSERDA seeks to support applicants that will provide loans or other forms of financing or direct support for clean energy and sustainable infrastructure projects, with a focus on projects that reduce emissions in buildings. Eligible projects must be decarbonization interventions that are designed to maintain or reduce customer energy bills, maintain or improve building comfort, and deliver resilient, durable solutions, or otherwise contribute to greenhouse gas emissions reductions.

Awards are contingent upon the applicant’s approval for the federal LPO Title 17 Clean Energy Financing Program’s Section 1703 financing. Funding will be awarded on a rolling basis and individual awards may not exceed the lesser of $5 million or 3 percent of an eligible applicant’s proposed project portfolio amount, subject to structuring terms and applicable federal, state, and local regulations. Applicants will be required to report on the number and dollar amount of investments into New York’s DACs funded through their respective Title 1703 facilities. More information about this funding is available on NYSERDA’s website.

NYSERDA President and CEO Doreen M. Harris said, “NYSERDA is pleased to add another decarbonization financing tool to its plethora of programs that support the advancement of innovative and commercially available clean energy technologies that reduce emissions while delivering benefits, such as lower energy bills and more comfortable living and work spaces, to underserved communities. By working hand in hand with our partners at the federal level, we are providing a joint pathway to lower the cost of capital for lenders to invest in clean energy technologies that will drive private sector investment and support an affordable energy transition.”

NYSERDA will host a webinar about this solicitation on October 10, 2023, at 10:00 a.m. EST. Interested parties can register here. This webinar will be recorded and posted on the NYSERDA website.

The DOE’s LPO Title 17 Clean Energy Financing Program issues loan guarantees to eligible innovative energy projects with a category for State Energy Financing Institution -supported projects that align federal energy priorities with those of U.S. States. The Program was recently updated to allow LPO loans for projects that also receive financial support or credit enhancements from a State Energy Financing Institution (SEFI). Through that update, states now have access to this new path to help deploy already commercialized clean energy and decarbonization technologies, while harnessing the power of collective state and federal funding sources to advance such projects. By providing loan guarantees to SEFI-supported projects like those that will be supported under NYSERDA’s new program, the LPO can now also offer project financing to a wider range of borrowers under Title 1703, including those serving or operating in small, rural, and underserved communities.

The State Energy Financing Fund is funded through the Regional Greenhouse Gas Initiative (RGGI).

New York State's Nation-Leading Climate Plan

New York State's nation-leading climate agenda calls for an orderly and just transition that creates family-sustaining jobs, continues to foster a green economy across all sectors and ensures that at least 35 percent, with a goal of 40 percent, of the benefits of clean energy investments are directed to disadvantaged communities. Guided by some of the nation’s most aggressive climate and clean energy initiatives, New York is on a path to achieving a zero-emission electricity sector by 2040, including 70 percent renewable energy generation by 2030, and economywide carbon neutrality by mid-century. A cornerstone of this transition is New York's unprecedented clean energy investments, including more than $35 billion in 120 large-scale renewable and transmission projects across the state, $6.8 billion to reduce building emissions, $3.3 billion to scale up solar, more than $1 billion for clean transportation initiatives, and over $2 billion in NY Green Bank commitments. These and other investments are supporting more than 165,000 jobs in New York’s clean energy sector in 2021 and over 3,000 percent growth in the distributed solar sector since 2011. To reduce greenhouse gas emissions and improve air quality, New York also adopted zero-emission vehicle regulations, including requiring all new passenger cars and light-duty trucks sold in the State be zero emission by 2035. Partnerships are continuing to advance New York’s climate action with nearly 400 registered and more than 100 certified Climate Smart Communities, nearly 500 Clean Energy Communities, and the State’s largest community air monitoring initiative in 10 disadvantaged communities across the state to help target air pollution and combat climate change.

ADMINISTRATION FOR CHILDREN’S SERVICES RECOGNIZES SEPTEMBER AS ‘NATIONAL KINSHIP CARE MONTH’ RECOGNIZING THE RELATIVES & FRIENDS WHO HAVE STEPPED FORWARD TO CARE FOR NYC CHILDREN IN FOSTER CARE

 

As the City Foster Care Population Continues to Decline, the Proportion of Those Being Cared For By Relatives & Friends Continues to Grow

 

Approximately 44 Percent of Youth in NYC Foster Care Are Being Cared for By People They Already Know

 

The New York City Administration for Children’s Services (ACS) today recognized “Kinship Care Awareness Month” by spotlighting the city’s grandparents, aunts, uncles, and other relatives and close friends who have stepped up to become kinship caregivers to children in foster care. ACS has dramatically reduced the number of children in New York City’s foster care system while increasing the proportion of youth in care placed with kinship caregivers. Research shows that, when placed with people they already know, children in foster care experience less trauma, and have greater overall well-being.

 

“Kinship caregivers are the aunts, uncles, grandparents, and countless others who continue to step up and care for children in need,” said Deputy Mayor of Health and Human Services Anne Williams-Isom. “Today we say thank you. ACS is working hard to ensure these New Yorkers are recognized for their commitment to the health and stability of New York City’s children and families.”

 

“September provides us with an opportunity to recognize the crucial role kinship caregivers, like grandparents, aunts, uncles and close family friends play in providing stable and loving homes for children, but we are grateful to them all year long,” said ACS Commissioner Jess Dannhauser. “I’m proud of the work ACS has done to reduce the number of children in New York City’s foster care system while increasing the proportion of youth in care placed with kinship caregivers.”

 

As a result of ACS’s targeted strategies and initiatives, 44 percent of children in New York City’s foster care system are living with kinship caregivers – up from 31% in 2018. Moreover, during FY23, more than half of all the children who entered foster care as a result of a child protective investigation were placed with kinship caregivers.

 

The agency has successfully implemented multiple strategies to increase the proportion of children in care placed with kin, including by establishing Kinship Specialist positions within the ACS Division of Child Protection, who focus on finding and engaging kin caregivers for children entering foster care. When a kinship resource is identified, the foster care case planner works with the resource to certify their home as a foster home. Kin are held to the same safety standards and training expectations as non-kin foster parents and must meet all foster home requirements. They receive the same financial resources and other supports that non-kinship foster parents receive. ACS and its community partners strive to support kin so that children can stay closely connected to their natural support networks.

 

MAYOR ADAMS LAUNCHES “GETTING 97 DONE,” COMPREHENSIVE MOBILIZATION STRATEGY TO REDUCE BUILDING EMISSIONS

 

Focus on Compliance With Local Law 97 Will Maximize Greenhouse Gas Emissions Reductions

Strategy Includes New City Programs to Support Buildings Making Green Upgrades, New Rules With Clear Guidance on Building Owner Obligations

New Analysis Shows Local Law 97 Already Working, Buildings Reducing Harmful Emissions

New York City Mayor Eric Adams today launched “Getting 97 Done,” a comprehensive plan to cut harmful carbon emissions from the city’s large buildings as part of their obligations under Local Law 97 of 2019. The plan includes four key elements: identifying and targeting city, state, federal, and utility-based financing and funding for upgrades; providing buildings with needed technical advice through the NYC Accelerator; implementing key enforcement mechanisms via a New York City Department of Buildings (DOB) rule package; and decarbonizing central systems in partnership with New York State. Under Local Law 97, New York City’s nation-leading emissions law, large buildings’ greenhouse gas emissions are limited starting in 2024 — and those limits are the centerpiece of the administration’s plan to reduce harmful greenhouse gas emissions from buildings and meet an aggressive target of carbon neutrality by 2050. The new phase of the Adams administration’s climate efforts builds on a new analysis showing, among other things, that Local Law 97 has already been effective with buildings meeting their emissions reduction targets and coming into compliance.

This new mobilization strategy delivers on goals outlined in “PlaNYC: Getting Sustainability Done,” New York City’s long-term strategic climate plan that Mayor Adams released in April 2023. It also builds on the administration’s comprehensive approach to tackling climate change, which includes reducing emissions from various types of buildings, as well as in other sectors like transportation and food.

“I pledged to New Yorkers that our administration would work to reduce harmful carbon greenhouse gas emissions, and this administration is a ‘promises made, promises kept’ administration,” said Mayor Adams. “Every part of the ‘Getting 97 Done’ plan builds towards one core goal: reversing the effects of climate changes. The data shows that our administration’s efforts are already working, and we’re going to continue moving forward. Building owners are learning every day that complying with Local Law 97 and going green will save green, and we are addressing climate change from all angles in New York City.”

"Today's plan to ‘Get 97 Done’ puts New York City on the cutting-edge of real climate policy implementation," said Deputy Mayor for Operations Meera Joshi. "The mobilization plan and DOB's rulemaking guidance provide the roadmap and the tools to invest in building improvements, cut emissions, and clean our neighborhoods' air. Additionally, New York City and New York State are committed to delivering large-scale renewable projects that will ensure the city's grid and the electricity we all consume become exponentially cleaner by the end of this decade."

“Enforcement of Local Law 97 is one of the most significant and complex mandates we have at our department,” said DOB Commissioner Jimmy Oddo. “The agency’s sustainability bureau has been working tirelessly so that the implementation of the country’s most significant policy addressing buildings’ carbon emissions results in meaningful emissions reductions. The comprehensive Getting 97 Done plan and the latest tranche of proposed agency rules were designed to maximize climate mobilization, by assisting property owners who are working to comply with the law while also giving real teeth to our enforcement procedures.”

"'Getting 97 Done' is a plan to deliver the greenhouse gas reductions we need to save the planet while ensuring that building owners and managers have the resources, they need to follow the law,” said New York City Chief Climate Officer and New York City Department of Environmental Protection Commissioner Rohit T. Aggarwala. “Complying with Local Law 97 will require serious effort, and we can get it done in partnership with the state, utilities, building owners, and more.”

“The Adams administration is getting the world-leading climate policy Local Law 97 done, for a cleaner, more resilient and sustainable city, state and world,” said Mayor’s Office of Climate & Environmental Justice Acting Executive Director Victoria Cerullo. “Our mobilization plan and rulemaking package for building decarbonization meets the moment – creating a viable path forward for building owners, connecting New York City’s talent to strong and stable careers in building decarbonization, and improving health outcomes for residents – and are essential to the city and state’s efforts to meet our ambitious climate goals.”

“DOB’s sustainability bureau has seen firsthand the tremendous amount of work that New Yorkers have already done to reduce carbon emissions at their properties,” said DOB Deputy Commissioner of Sustainability Laura Popa. “It’s our job at the bureau to continue providing the necessary support for property owners who want to do the right thing and are putting in legitimate efforts towards compliance. The product of an intensive, data-driven process, our latest rule package provides this support by creating pathways to achieve substantial emissions reductions.”

“As New York continues its leadership in climate action, we commend the work the city is undertaking in demonstrating our collective commitment to bring an all-of-government approach to meet the challenges in addressing climate change,” said New York State Energy Research and Development Authority President and CEO and Climate Action Council Co-Chair Doreen M. Harris. “Buildings represent not only the largest source of greenhouse gas emissions across our state, but a tremendous opportunity for New York City and other urban centers to work in partnership with the state to advance solutions that cut emissions while allowing building owners and occupants to thrive at the same time.”

Getting 97 Done

The ‘Getting 97 Done’ plan tackles four key focus areas on Local Law 97 and achieving decarbonization goals: identifying and targeting city, state, federal, and utility-based financing and funding for upgrades; providing buildings with needed technical advice through the NYC Accelerator; implementing key enforcement mechanisms via a DOB rule package; and decarbonizing central systems in partnership with New York State. Building on the work of NYC Accelerator — which has already completed compliance assistance for 5,000 buildings— the Adams administration is taking a series of steps to remove obstacles to compliance and help buildings meet their obligations.

First, the administration is identifying financial resources that will support retrofit projects towards Local Law 97 compliance, making buildings more efficient and emit less carbon. The city estimates that the Federal Inflation Reduction Act makes available $625 in tax credits and subsidies that buildings will be able to use to comply with Local Law 97. The New York State Public Service Commission recently directed utilities and the New York State Energy Research and Development Authority (NYSERDA) to propose a total of $5 billion in programs across the state in 2025-2030 as part of its “New Efficiency: New York” program; the city will seek to collaborate with NYSERDA, Con Edison, and National Grid to align those programs to support buildings that have to do significant work to comply with Local Law 97, especially in disadvantaged communities where compliance is lagging other parts of the city. Additionally, the administration will seek to develop a federal grant proposal targeting the $40 billion allocated for financing support or credit enhancement for eligible clean energy projects to make funding available for Local Law 97 compliance projects and particularly for buildings that might struggle to access market-rate loans.

As part of its commitment to provide this financial support, the administration will also work with the New York City Council to enact the J-51 housing quality incentive program — passed this year by the New York State Legislature, with Mayor Adams’ support, and awaiting New York Governor Kathy Hochul’s signature — and to allow buildings to use it to cover Local Law 97 compliance costs. This creative approach will devote significant city resources to help low- and moderate-income multifamily buildings, including many moderate-income co-ops and condos outside of Manhattan, comply with the law.

To improve awareness and provide technical support, the administration is enhancing NYC Accelerator, the city’s Local Law 97 technical assistance program, including by launching a new, formalized program to deliver more information to buildings that must comply with Local Law 97. Called “Climate-Friendly Buildings: Local Law 97 in Your Neighborhood,” the program will create invitation-based workshops, in partnership with members of the City Council, at which NYC Accelerator will provide information directly to those buildings that will need to do work to comply with the law by 2030. Building on the dozens of information sessions that have taken place informally since the law’s passage, the first workshop will be co-hosted with New York City Councilmember James Gennaro, chair of the Committee on Environmental Protection, Resiliency, and Waterfronts. The NYC Accelerator is today adding a new resource on their website listing all the various federal, state, local, and utility programs that can help building owners plan and pay for Local Law 97 compliance. 

Furthermore, the administration will convene a Local Law 97 Mobilization Council to meet regularly and review the effectiveness of implementation efforts. The council will include building owners and managers, workforce, and companies that provide financing to help ensure that the city has a clear sense of how implementation is proceeding on the ground. And the administration will work with the City Council to bring other city energy-related mandates into alignment with Local Law 97 to reduce the cost of compliance to building owners and managers.

Enforcement is a key part of Local Law 97’s implementation. Today, DOB is publishing a set of rules to guide the ongoing implementation of Local Law 97, with a focus on driving compliance with the law and maximizing emissions reductions. Under these rules, building owners may be able to mitigate compliance fines in 2024 — saving their limited resources for projects to reach compliance — but only if they can demonstrate concrete steps towards decarbonization that will result in them achieving their 2024 targets by 2027 and their 2030 targets on-time by 2030.

Finally, the city’s mobilization plan includes an increased focus on working with the state to decarbonize the electric system and Con Edison’s steam system on a schedule consistent with the State’s Climate Leadership and Community Protection Act (CLCPA).

City government buildings are also subject to Local Law 97 and are required to meet even stricter limits: a 50 percent reduction in greenhouse gas emissions from all city government operations by 2030, with an interim target of 40 percent by 2025. DCAS has already made significant progress in reducing carbon emissions from their portfolio to help the city achieve carbon neutrality, completing more than 13,000 energy conservation projects across 2,300 buildings over the past decade, including the installation of 22 megawatts of solar energy production on city properties. These projects have reduced greenhouse gas emissions equivalent to removing 83,000 cars from city streets.

DOB Rulemaking Package

DOB today also advanced the city’s emissions reductions efforts under Local Law 97 by publishing its second set of proposed rules to guide implementation of the law. As the law continues to prove effective, these rules target the city’s worst emitters — focusing on achieving emissions reductions and providing building owners with the support they need to advance retrofit projects, while also outlining enforcement, including financial penalties, for building owners neglecting their legal responsibilities.

Like the agency’s first rules package — which gave building owners guidance on how to calculate their specific emissions limits and was adopted in December 2022 — it was heavily informed by the collaborative work of the city’s Local Law 97 Advisory Board and Climate Working Groups. 

The proposed rules:

• Set out penalties for noncompliance at the maximum amount allowed under the law;
• Outline how property owners can demonstrate a “Good Faith Effort,” as written in Local Law 97, to reduce emissions and comply with the law, therefore avoiding penalties — namely by showing progress on decarbonization, sharing a plan to reach their emissions reduction targets, and accepting a framework for retroactive enforcement if they fail to follow through on those plans;
• Fully prohibit buildings that qualify for the “Good Faith Effort” provision of the law, and implement a decarbonization plan, from purchasing renewable energy credits as part of reaching their emissions reduction targets;
• Establish a new credit for early electrification work in a building that owners can apply towards compliance with their emissions reduction targets; and
• Provide guidance for affordable housing buildings and houses of worship on their Local Law 97 prescriptive compliance pathways under Article 321 of the law.

These proposed rules will be open to public comment during an online hearing on October 24, 2023. DOB will review and consider all public comments made during the hearing for inclusion before publishing the final adopted rules later this year. DOB will publish additional rules related to Local Law 97, as needed, in the future.

Local Law 97 Analysis

The mobilization strategy was informed by a new analysis of the actual costs and benefits of implementing the retrofits that Local Law 97 requires. This analysis found that Local Law 97 is working, and buildings are coming into compliance, but additional work is needed. The right combination of city, state, federal, and private action can not only further the goal of reducing building emissions but also advance the city and state’s broader, shared climate goals.

Only 11 percent of properties covered by Local Law 97 are currently not in compliance with their emission limits for the 2024-2029 compliance period — down from 20 percent when the law was passed. Of the buildings still not in compliance, those in disadvantaged communities (as defined by the state) are likely to need greater support to reach emissions reduction targets.

For the following compliance period beginning in 2030, 15,000 buildings will require a total investment between $12 billion and $15 billion — creating up to 140,000 jobs to make necessary adjustments. The city’s analysis suggests that with a combination of state and utility company energy efficiency incentive programs and reasonable investments from building owners, virtually all multifamily buildings and most commercial buildings could achieve their 2030 targets. This will require the city, state, and federal governments to align various programs to target assistance towards buildings needing significant upgrades to comply with Local Law 97.

The modernized J-51 housing quality tax incentive program — passed earlier this year by the State Legislature following advocacy from Mayor Adams and now awaiting Governor Hochul’s signature and adopting legislation from the New York City Council — could be a valuable financial tool to help eligible multifamily buildings cover Local Law 97 compliance costs. Additionally, $625 million in Inflation Reduction Act tax credits is available for buildings to claim towards compliance costs.

In addition to reducing building emissions, the city is supporting major projects that will deliver clean and renewable solar, wind, and hydroelectric power from upstate New York and Canada into New York City’s grid. Through the purchase of renewable energy credits, the city will procure clean energy from the Clean Path New York and Champlain Hudson Power Express projects — the largest transmission projects contracted for New York State in the last 50 years — which will reduce the city’s reliance on fossil fuel-fired generation by more than 50 percent in 2030.

"We applaud the mayor for this initiative to mobilize all of New York City to implement Local Law 97,” said Vincent Alvarez, president, New York City Central Labor Council, AFL-CIO. “Thousands of new jobs will be created, and New York City’s union workforce is ready to bring their skills, expertise and knowledge to help New York become a national leader in improving building energy efficiency."

"Achieving the city’s climate goals is only going to be possible with buy-in from private building owners,” said Fiona Cousins, advisory board member, Local Law 97. “Buildings are the single largest source of greenhouse gas emissions in New York City, and good progress has already been made towards the goals set in Local Law 97. This new major rule package is a smart, data-driven approach that supports owners in achieving compliance quickly, through the development of decarbonization plans that require energy efficiency and electrification retrofits."

“Con Edison is committed to leading the clean energy transition,” said Matthew Ketschke, president, Con Edison of New York. “We support the city’s efforts to increase compliance with Local Law 97 and to help New Yorkers improve their energy efficiency while minimizing the financial impact on building owners. We will work closely with the city to advocate for funding to support this work, and we agree that New Efficiency: New York programs are critical resources for New York City building owners. Together, we can achieve New York’s clean energy goals.”

"We look forward to working with the mayor and buildings across the city to do the important work of retrofitting New York City’s buildings with the highly trained union workforce in New York City,” said Gary LaBarbera, president, Building & Construction Trades Council of Greater New York. “We can create thousands of good paying green jobs and do our part to reduce the impact of climate change.”

State Senator Gustavo Rivera on Tragedy at Child Care Facility in Kingsbridge Heights

 

"I am horrified by the heartbreaking loss of a one-year-old child in the Kingsbridge Heights neighborhood of my district and that multiple children required Narcan administration. I am deeply saddened for the parents and families, and I cannot fathom the pain they are experiencing. No parent should live in fear that their child might come into contact with harmful substances while under the care of a childcare facility. I want to express my appreciation to the emergency responders and law enforcement for their prompt response to this tragic incident. The individuals responsible for this negligent and horrific incident must be held fully accountable.

We are witnessing a devastating rise nationally in cases where minors and young children inadvertently come into contact with opioids, leading to overdoses. We must act to protect families and rapidly implement an evidence-based comprehensive public health approach focused on providing resources to prevent tragedies like this from occurring and supporting those being affected by the opioid crisis.

My office is in touch with our city and state partners to ensure that this incident continues to be addressed thoroughly."

Statement from Speaker Adams on the 22nd Anniversary of the September 11th Attacks

 

“Our city and nation were forever changed on September 11, 2001, and today’s anniversary offers us a moment to once again reflect on the lives lost and changed by the events that day. As a native New Yorker, I recall the experience of shock and pain, and know that many of us are still working to heal from it. While we continue to support the families of those we lost, we must also uplift the first responders and rescue workers who rushed towards danger to look for survivors at Ground Zero and are suffering from life-threatening illnesses because of the toxic exposure. Too many families and victims are still struggling from the aftermath of this tragedy, and it’s imperative that the city, state and nation provide them with the full support they need to recover. As we remember the day 22 years ago, may our shared grief and love for our neighbors, fallen heroes, our city and nation, continue to unite us and light our path forward towards resilience and healing.”

City Planning Commission Votes to Approve City of Yes for Carbon Neutrality

  

The Commission voted overwhelmingly for this citywide proposal to remove barriers to greener energy, buildings, transportation, and water and waste systems 

Plan to support NYC’s environmental goals now goes to the City Council for a hearing and vote 

Department of City Planning (DCP) Director and City Planning Commission (CPC) Chair Dan Garodnick today celebrated the City Planning Commission’s vote in favor of City of Yes for Carbon Neutrality, a set of 17 citywide zoning changes that would modernize the city’s Zoning Resolution to facilitate climate action, clean energy, and resiliency by removing barriers to greener energy, buildings, transportation, and water and waste systems. This initiative is the first of Mayor Eric Adams’ thre “City of Yes” zoning proposals to create a more sustainable, prosperous, and equitable New York to pass the Planning Commission.  

“In the midst of a climate emergency, the City Planning Commission’s vote represents a bold step towards tackling our city’s carbon emissions. City of Yes for Carbon Neutrality will create a more energy-efficient city, one where the sun powers our homes, where cars on our roads are low- or zero-emission, where our air is cleaner, and where composting puts our garbage to work rather than in a landfill,” said Dan Garodnick, Chair of the City Planning Commission and Director of the Department of City Planning. “Thanks to the City Planning Commissioners for their support of this important, necessary proposal that will set us on the path to a greener, healthier New York.” 

“The overwhelming affirmative vote for City of Yes for Carbon Neutrality will help the City advance some of its most important climate policies: achieving Local Law 97 mobilization; helping low-income communities build wealth with community solar; creating more green infrastructure to mitigate the impacts of flooding; and creating thousands of local jobs and training opportunities in building decarbonization, solar, clean energy, and more,” said Victoria Cerullo, Acting Executive Director, Mayor’s Office of Climate & Environmental Justice. “It also allows us to check off one of our ambitious 72 PlaNYC initiatives, demonstrating that the Adams Administration is truly getting sustainability done.”  

“Climate change affects all of us in New York City, including our first responders,” said Fire Commissioner Laura Kavangah. “We have seen the increasingly destructive impact of natural disasters during the last decade, and we must take action to protect our communities throughout the five boroughs. The approval of City of Yes for Carbon Neutrality will help create a healthier, safer, and more sustainable City for all of us.” 

“By relaxing overly stringent zoning rules with common sense updates, the City of Yes for Carbon Neutrality plan is going to make it easier for building owners to execute green retrofit projects,” said Department of Buildings Deputy Commissioner for Sustainability Laura Popa. “These building projects are critical to increasing energy efficiency, reducing emissions, and reaching the City and State’s ambitious climate goals.” 

City of Yes for Carbon Neutrality will update outdated regulations that currently create roadblocks for New Yorkers to retrofit their homes for energy efficiency or resiliency, install heat pumps or solar panels, switch to electric vehicles, or compost and recycle — all critical steps for New York City to reach its ambitious environmental goals. Its 17 policy proposals include: 

Facilitate a Renewable Energy Grid – This initiative would remove existing zoning obstacles that severely limit how much space on a rooftop can be covered by solar panels, unnecessarily slowing the city’s shift towards renewable energy sources. It would also make it easier to install energy storage infrastructure needed for solar energy and facilitate standalone, grid-supporting solar and community microgrids — particularly in low-income communities — that are currently banned in residential areas. 

These changes would open up over 8,500 acres of parking lots across the city for potential use of solar panels. If fully built out, these solar panels could power more than 130,000 homes. 

Create Cleaner Buildings –

This initiative would lighten onerous restrictions on the height and thickness of walls that restrict building electrification and retrofits for greater efficiency. It would add flexibility, making these modifications possible while maintaining the look and feel of the city’s neighborhoods.  

These changes would facilitate environmentally friendly retrofits for over 50,000 buildings, including more than 1 million homes where retrofits are currently infeasible and restricted by city zoning. 

Support Electric Vehicles and Micromobility – This initiative would more than double the commercially zoned land where electric vehicle charging facilities can be located. It would also clarify regulations and facilitate safe bicycle and e-mobility parking. These changes would make electric vehicle charging possible in more than 400 million additional square feet. 

Modernize Water, Compost, and Recycling Regulations – This initiative would expand the use of permeable paving and rain gardens, cut red tape and eliminate uncertainty for recycling and composting, and encourage rooftop food production.  

These changes would help divert the 34 percent of New York City’s residential waste — and as much as 45 percent of all solid waste — that is organic material from landfills to beneficial use.  

In the lead-up to the Commission’s favorable vote, City of Yes for Carbon Neutrality received positive recommendations from 25 Community Boards, as well as from the Bronx, Brooklyn, Manhattan, and Queens Borough Presidents, and the Bronx and Manhattan Borough Boards. It will now go to the New York City Council for a public hearing and final vote this fall.  

City of Yes for Carbon Neutrality is the first of three “City of Yes” initiatives to update New York’s zoning for a more inclusive and equitable city. The other two proposals are: 

·        

City of Yes for Economic

Opportunity, which would support New York’s economic recovery by allowing more types of businesses to locate in more places, support growing industries, and foster vibrant neighborhoods. The Department of City Planning has held two public info sessions on City of Yes for Economic Opportunity and will formally refer it for public review this fall. 

·        

City of Yes for Housing

Opportunity, an inclusive, citywide approach to our City’s housing crisis that would expand and diversify the housing supply, and ensure that every neighborhood contributes to New York City’s growth and provide equitable access to housing for all New Yorkers. It will enter public review in early 2024.  

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.