TESTIMONY OF BRONX BOROUGH PRESIDENT RUBEN DIAZ JR.

RE: MTA Public Hearing Regarding a Proposed Increase in Service at Metro-North’s Melrose and Tremont Stations August 23, 2017

  My office enthusiastically supports expanding the availability of Metro-North Commuter Railroad services at the Melrose and Tremont stations in The Bronx, and I am proud to testify in favor of such an expansion here today.

Perhaps not since the 1920’s, when 536,000 people made their way to The Bronx for the first time, has the borough sustained as much investment and development as we see taking place today. Across all our communities business and residential growth are breaking records, with over $3 billion committed to The Bronx during 2016. Residential investment was approximately $1.7 billion, $1.3 billion was invested in commercial development and $228 million in institutional development.

Looking specifically at the communities which are served by the Melrose station, we know that during 2016 in Bronx Community Districts #3 and #4, approximately 1.6 million square feet of new development was created. In Bronx Community District #6, the Tremont station’s service area, 3.7 million square feet of new development was built. 

Needless to say, this new development means more passengers wanting to reach more places. Ridership figures provided to my office by Metro-North support this observation, as the pilot program initiated by the railroad exceeded all ridership expectations.

Key to continuing this amazing growth is our ability to provide efficient and reliable transit services to The Bronx and our northern suburbs. We know that a substantial number of Bronx residents commute to Westchester County for employment. 

By expanding access to Melrose and Tremont this will not only offer more convenient commuter rail options, but by so doing, reduce reliance on our over-burdened highway network. Select Bus Service (SBS) on Webster Avenue and the soon-to-be SBS on 161^st Street connect to the Melrose or Tremont stations.

On a related matter, the Department of Parks and Recreation recently reached out to my office to solicit input regarding Railroad Park. Located on East 161^st Street, one block south of the Melrose station, it is now possible to imagine this park and its unique park-building as being able to afford Metro North passengers a place to stop at, or pass through as they make their way to a destination. My office looks forward to coordinating the various visions that the community, Metro-North and the Parks Department may want to propose for this strategic site.

As our city’s subway system’s ridership exceeds six million passengers per day and our roadway and highway network sustains record levels of use, expanding Metro North Railroad service is not only desirable but essential.  

I thank Metro-North for this opportunity to offer my comments. I look forward to not only seeing this expanded service provided to Melrose and Tremont, but even more exciting, the introduction of Metro-North Railroad transit to the communities of Co-op City, Morris Park, Parkchester-Van Nest and Hunts Point.

Using tracks laid out over a century ago, this entirely new railroad option will offer over 160,000 people who live within a mile of the four proposed railroad stations, one-seat transportation to Penn Station in Manhattan and along the New Haven Line, in Westchester and Fairfield Counties.

State Senator Gustavo Rivera and Assemblymember Victor M. Pichardo will host their annual Back to School event on Friday, August 25 from 3:00 P.M. to 6:00 P.M. at Devoe Park. 

This event is free and open to the public

Call Senator Rivera's office at 718-933-2034 for more information.

GUSTAVO RIVERA, VICTOR PICHARDO'S BILL TO ALLOW CATHOLIC GUARDIAN SERVICES TO CONTINUE OPERATING AT 2322 VALENTINE AVENUE BECOMES LAWGUSTAVO RIVERA, VICTOR PICHARDO'S BILL TO ALLOW CATHOLIC GUARDIAN SERVICES TO CONTINUE OPERATING AT 2322 VALENTINE AVENUE BECOMES LAW

  State Senator Gustavo Rivera announced that legislation S.6632/A.8369, which he co-authored with Assemblymember Victor M. Pichardo, has been signed into law by Governor Andrew Cuomo. This is the sixth bill sponsored by Senator Rivera that has been signed into law since being elected in 2010. 

This law will change the deed for 2322 Valentine Avenue, which was transferred from New York State to Catholic Guardian Services in 2005, to expand its scope of assistance and offer housing and shelter to additional special populations. This bill passed the New York State Senate on June 15 and the New York State Assembly on June 21. It was signed into law by Governor Cuomo on August 21. 

"I am very pleased that this law will allow Catholic Guardian Services to continue operating at the property at 2322 Valentine Avenue by granting the facility the ability to service developmentally disabled members of our community," said State Senator Gustavo Rivera. "Catholic Guardian Services has a great track record of providing vulnerable populations with essential services and this bill will allow them to provide developmentally disabled members of our community with the person-centered care they need to live and thrive in a self-sufficient environment." 

"Catholic Guardian Services does tremendous work in our community and this law allows them to keep fighting for those who need it most," said Assemblymember Victor M. Pichardo. "By expanding the scope of its services, the organization can help more people get the support they deserve here in the Bronx."

For more than a century, Catholic Guardian Services has forged an outstanding reputation for providing critical assistance to New York City's most vulnerable individuals and their families. Under this new law, Catholic Guardian Services will be able to re-purpose the property at 2322 Valentine Avenue, which was previously used to provide housing to homeless families. Further, this change will properly reflect the organization's expanding services and the need to better utilize the property's composition. Under the new deed, Catholic Guardian Services aims to collaborate with the New York State Office of People with Development Disabilities (OPWDD) to offer housing and services to six individuals with autism. 

"We are grateful to Senator Rivera and Assemblymember Pichardo for shepherding this bill into law," said Craig Longley, Executive Director of Catholic Guardian Services. "It now permits us to expand our services at 2322 Valentine Avenue to people with developmental disabilities. CGS will offer individualized residential services that will allow them to live a fully integrated life in the community. They will become valuable members and make a meaningful contribution to the blossoming neighborhood of Fordham Heights."

MAYOR DE BLASIO AND CHANCELLOR FARIÑA ANNOUNCE CONTINUING GAINS FOR NYC STUDENTS ON STATE EXAMS

Since 2013, English proficiency has increased by 54 percent and math proficiency has increased by 27 percent

  Mayor Bill de Blasio and Schools Chancellor Carmen Fariña today announced New York City students’ gains on State English and math exams. In 2017, 40.6 percent of students met proficiency standards in English, a 2.6 point increase from 38.0 percent last year. City students outperformed their New York State peers in English for the first time last year, and widened the gap with this year’s results. 37.8 percent of students met the standards in math, a 1.3 point increase from 36.4 percent last year. New York City students’ proficiency in both subjects improved across all ethnic groups. Since 2013, the percentage of students proficient in English in New York City has increased by 54 percent. The percentage of students proficient in math has increased by 27 percent. 

“These improvements over the past four years represent painstaking work – student by student, classroom by classroom, and school by school. It’s steady progress towards a stronger and fairer system for all,” saidMayor Bill de Blasio. “We are focused on building on these gains and others – such as the highest-ever high school graduation rate – to deliver equity and excellence for every public school student across the City, no matter their zip code.”

“Our students’ performance on these exams represents sustained growth across every demographic group and every borough, and it’s one more measure on which New York City schools are the strongest they’ve ever been,” said Schools Chancellor Carmen Fariña. “It’s important to celebrate our progress – and thank the educators and school staff, parents and families, and students themselves who made this possible – but we need to keep making progress and pushing towards equity and excellence for all students. We’re hard at work building on our progress to do even better for our students, families, and the City’s future.”

Additional Key Findings

• For the 4th year in the row, English results improved in each of the City’s 32 Community School Districts across all five boroughs.
• Last year, for the first time since standardized testing was put in place for all grades in 2006, New York City students eliminated the gap with their New York State peers in English. This year, City students widened the gap with their New York State peers on the English exam, and now outperform them by 1.4 points.
• New York City students also slightly outgained their New York State peers in math, shrinking the gap from 4.8 points to 4.2 points. 
• Renewal Schools made outsized gains in English and math – 3.2 percentage points compared to the citywide increase of 2.6 points in English, and 1.5 points compared to the citywide increase of 1.3 points in math.
• About 3.0 percent of New York City students opted out of English exams and 3.5 percent opted out of math. A total of 17,234 students, or 4.0 percent, out of either exam. Statewide, 19 percent of students opted out of the testing process.  

The sustained progress on State exam results across every single year of this administration reflects unprecedented investments in Equity and Excellence for All at New York City schools, including in leadership and professional development.

In 2014, all superintendents were required to re-apply for their jobs to ensure the strongest leaders were in place, and exam results improved across all 32 of the Community Superintendents’ districts in English, and in 27 districts in math. Since 2014, the City has also made strengthening instruction through high-quality, Common Core-aligned professional development and educator resources a priority, including adding 80 minutes of high-quality professional development each week for teachers across all subjects. 

Overall Results by Grade:

English
Grade	2017 # Tested	% 2017 L3+4	% 2016 L3+4	Pct Point Diff.
3	68406	42.6	40.9	1.7
4	69941	42	41.4	0.6
5	67157	36.1	34.1	2
6	64965	32.3	34.7	-2.4
7	63681	43.3	36	7.3
8	63298	47.5	40.5	7
All	397448	40.6	38	2.6

Math
	Grade	2017 # Tested	% 2017 L3+4	% 2016L3+4	Pct Point Diff.
	3	70040	46	41	5
	4	71436	40	41.4	-1.6
	5	68373	40.8	37.5	3.3
	6	66288	36.1	36.9	-0.8
	7	64505	35.9	34	1.9
	8	53102	24.2	25	-0.8
	All	393744	37.8	36.4	1.3

NOTE: A change in State testing policy, starting in 2014, has driven a decrease in eighth grade proficiency rates. To reduce double testing, most students in accelerated math who took the Algebra Regents exam are exempt from taking the 8th grade State math assessment.

In 2017, 19,485 8^th-graders took the June Algebra Regents, a 15 percent increase from 2016, when 16,972 8^th-graders took the exam.

Overall Results by Demographic:

English
Subgroup	2017 # Tested	% 2017 L3+4	% 2016 L3+4	Pct Point Diff.
Asian	71739	61	58.8	2.2
Black	90316	28.9	26.6	2.3
Hispanic	163590	29.7	27.2	2.4
White	63800	61	58.9	2.2
Current ELL	48169	5.6	4.4	1.2
Ever ELL	59652	49.1	43.2	5.9
SWD	83986	10.7	9.3	1.3

Math
	2017 # Tested	% 2017 L3+4	% 2016L3+4	Pct Point Diff.
Asian	71285	67.8	67.2	0.7
Black	88.22	20.7	20	0.7
Hispanic	164130	25.3	24.3	1
White	62391	59	57.8	1.2
Current ELL	57612	14.7	13	1.7
Ever ELL	57293	49.7	46.8	2.9
SWD	82675	11.8	11.4	0.4

EDITOR'S NOTE:

If you look at columns two and three you will notice that L 3 + L 4 are only listed. There are four levels that the state testing places students. 

Level 4 is the highest level noting above average grade work

Level 3 ranges from average to above average.

Level 2 ranges from below passing to slightly below average.

Level 1 is all students who are not passing.  

Mayor de Blasio and Chancellor where are the figures for Level 1 and Level 2 students?

These are poor results of fifteen years of Mayoral control with the same results if not lower results if School Boards still existed. That was what the United Federation of Teachers said to former Mayor Bloomberg for ten years. What changed the mind of Mr. Michael Mulgrew and the UFT? 

A new hefty contract when Bill de Blasio became mayor.

14 Members Of Bronx Drug Trafficking Organization Charged In Manhattan Federal Court With Narcotics And Firearms Offenses

   Joon H. Kim, the Acting United States Attorney for the Southern District of New York, James J. Hunt, the Special Agent in Charge of the Drug Enforcement Administration (“DEA”), James P. O’Neill, the Police Commissioner of the City of New York (“NYPD”), and George P. Beach II, the Superintendent of the New York State Police (“NYSP”), today announced the unsealing of an Indictment charging 14 members of a drug trafficking organization (“DTO”) that sold large amounts of heroin, cocaine, and crack cocaine in and around the Bronx, New York.

A total of 11 defendants were taken into custody today; three remain at large.  During the arrests and execution of various search warrants earlier today, law enforcement officers recovered a significant amount of currency, as well as firearms and narcotics.  The 11 defendants who were arrested will be presented and arraigned before U.S. Magistrate Judge Henry Pitman later today.  The case is assigned to U.S. District Judge Kimba M. Wood.  An initial conference is scheduled for September 12, 2017.

Acting U.S. Attorney Joon H. Kim said:  “Today, we charge 14 members of a drug trafficking organization allegedly responsible for trafficking large amounts of heroin, cocaine, and crack cocaine in the Bronx.  As alleged, this case demonstrates the close connection between drug dealing and gun crimes.  We remain committed, along with our partners at the DEA, NYPD, and the New York State Police, to ridding New York’s neighborhoods of drug trafficking.”

Special Agent in Charge James J. Hunt said:  “The alleged crimes committed by this organization show the inescapable connection between drug trafficking and violence. This organization allegedly ran rampant throughout New York City, distributing kilogram quantities of cocaine and heroin. Allegedly supplying drugs to other trafficking organizations throughout the Northeast, they made a profit by feeding on others’ drug addiction.”

State Police Superintendent George P. Beach II said:  “I am proud of the dedicated efforts of our members and law enforcement partners which resulted in the indictments of these individuals, seizures of drugs and firearms, and the end of this organization’s alleged operations.  New York State will not tolerate the sale of these drugs, or the violent crimes that are associated with narcotics distribution.  This sends a strong message of our dedication to clearing our communities of these dangerous substances.”

According to the allegations contained in the Indictment[1] and other documents in the public record, and statements made in court:

Between August 2016 and August 2017, GABRIEL GUILLEN, a/k/a “Toti,” EDWARD JIMENEZ, a/k/a “Buzzy,” ZORAIDA RAMIREZ, WILSON GUILLEN, JOEL TAPIA, a/k/a “Emelio Vasquez,” MATTHEW VASQUEZ, a/k/a “Cabeza,” YEISON SALDANA, a/k/a “Jay,” JASON LLANES, a/k/a “Jay Murder,” GABRIEL CARRION, a/k/a “Gaby,” MOISES SUERO, RICHARD JOSE, a/k/a “Kiki,” JHOAN PICHARDO, a/k/a “Flaco,” RAFAEL RODRIGUEZ, a/k/a “Rafi, and CARLOS PEREZ, a/k/a “Los,” conspired to distribute and possess with intent to distribute one kilogram and more of mixtures and substances containing a detectable amount of heroin, five kilograms and more of mixtures and substances containing a detectable amount of cocaine, and 280 grams and more of mixtures and substances containing a detectable amount of crack cocaine in the Bronx and elsewhere.  The defendants also used and possessed, or aided and abetted each other in using and possessing, firearms in furtherance of their drug trafficking crimes.

GABRIEL GUILLEN, 33, JIMENEZ, 27, RAMIREZ, 49, WILSON GUILLEN, 35, TAPIA, 40, VASQUEZ, 25, SALDANA, 27, LLANES, 30, CARRION, 24, SUERO, 33, JOSE, 38, PICHARDO, 27, RODRIGUEZ, 47, and PEREZ, 25, are each charged in one count of distributing and possessing with intent to distribute one kilogram and more of heroin, five kilograms and more of cocaine, and 280 grams and more of crack cocaine, which carries a maximum sentence of life in prison and a mandatory minimum sentence of 10 years in prison; and one count relating to the use and possession of firearms during and in relation to their drug trafficking crimes, which carries a maximum sentence of life in prison and a mandatory minimum sentence of five years in prison.

The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencings of the defendants will be determined by a judge

Mr. Kim praised the investigative work of the DEA, the NYPD, and the State Police, and thanked the United States Marshals Service, U.S. Probation, and the NYPD Narcotics Bureau Bronx for their assistance.

The charges contained in the Indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.

 [1] As the introductory phrase signifies, the entirety of the text of the Indictment and the description of the Indictment set forth below constitute only allegations, and every fact described should be treated as an allegation.

Manhattan U.S. Attorney’s Office Closes Federal Criminal Investigation Into The Death Of Mohamed Bah

  Joon H. Kim, the Acting United States Attorney for the Southern District of New York, announced today that there is insufficient evidence to pursue federal criminal charges in connection with the fatal shooting of Mohamed Bah.  Mr. Bah was killed during an encounter with police officers from the New York City Police Department (“NYPD”) on September 25, 2012.  The Acting U.S. Attorney met today with Mr. Bah’s family and their counsel to inform them of this decision.

The New York County District Attorney’s Office investigated Mr. Bah’s fatal shooting, and on November 26, 2013, a Manhattan grand jury voted not to bring criminal charges against any officer involved in the shooting of Mr. Bah, finding that the use of deadly force was not unlawful.  Nevertheless, after following the progress of the civil litigation relating to Mr. Bah’s death, receiving documents from Mr. Bah’s family’s counsel in October 2015, and the unsealing of a ballistics report, this Office began to conduct an independent review into the death to determine whether a federal civil rights crime could be proven.

As Mr. Kim informed Mr. Bah’s family today, the only determination the Office made was whether a federal crime could be proven under the standard applicable to criminal cases, which is proof beyond a reasonable doubt.  The Office did not reach any conclusions on any other issue, nor did it evaluate the officers’ actions under any other standard.  The Office expresses no view regarding any claims made against any party under the standard applicable to civil cases, which is proof by a preponderance of the evidence. 

After conducting a review of the evidence, including physical and documentary evidence, as well as grand jury and civil deposition testimony, this Office has determined that there is insufficient evidence to meet the high burden of proof required for a federal criminal civil rights prosecution.  To prove a violation of the federal criminal civil rights statute, prosecutors must establish, beyond a reasonable doubt, that a law enforcement officer willfully deprived an individual of a constitutional right, meaning that the officer acted with the deliberate and specific intent to do something the law forbids.  This is the highest standard of intent imposed by law, and is different from and higher than the intent standard under the relevant state statutes.  Neither accident, mistake, fear, negligence, nor bad judgment is sufficient to establish a federal criminal civil rights violation. 

In reaching this determination, the Office considered, among other things, testimony from the only eye witnesses to the events (law enforcement officers) that Mr. Bah was holding a knife and lunged at the officers, the fact that vests worn by officers at the scene have slashes consistent with penetration by a knife, and the lack of video evidence of the incident.  The Office also considered the testimony of officers present that non-lethal force, including Tasers, was used before lethal force was deployed, and that shots were fired virtually simultaneously only after non-lethal force was used.  Finally, the Office considered the autopsy report prepared the day after the shooting and conducted an independent ballistics analysis.  After reviewing such evidence, the Office made the determination that it could not prove beyond a reasonable doubt that any officer willfully violated Mr. Bah’s constitutional rights.

Accordingly, this Office’s investigation into Mr. Bah’s death has been closed.

Mr. Kim expressed his deep sympathy to the family of Mr. Bah for their tragic loss.

A.G. Schneiderman Announces Settlement With Nation's Largest Mall Operator To Stop Anticompetitive Tactics At Woodbury Common Outlet Center

Simon Property Group, Inc Has Agreed To Stop Anticompetitive Tactics That Blocked Competition From New Outlet Centers In NYC

Simon Will Also Pay $945,000 To New York State

  Attorney General Eric T. Schneiderman today announced a settlement with Simon Property Group that prohibits Simon from using anticompetitive tactics to thwart the development of competing outlet centers in New York City. These restrictions have impeded new outlet centers from opening, harming retailers and consumers that would have benefited from outlet locations in New York City. Simon has agreed to immediately modify contractual restrictions that have prevented retailers at its flagship Woodbury Common center from opening outlet stores in New York City locations. Today’s settlement will finally allow for the opening of outlet malls in Brooklyn, The Bronx, Queens and Staten Island, creating competitive choice for retailers and consumers while boosting the New York economy. 

“No business should be allowed to stifle an entire industry at the expense of consumers—but for years, that's exactly what Simon Property Group did to New Yorkers,” said Attorney General Schneiderman. “Simon's anticompetitive conduct blocked competition and drove up prices for New York consumers. That ends today. I am pleased this agreement will allow for new shopping outlets to finally open within New York City, and make affordable shopping more accessible for residents across the region."

The Attorney General’s investigation into Simon’s practices at Woodbury Common indicated that Simon had monopoly power in the market for retail space in outlet centers in the New York City area. The investigation also confirmed that many retailers at Woodbury Common wished to open additional outlets in New York City, but were largely prevented from doing so by so-called radius restrictions in their leases at Woodbury Common. These clauses typically restrict retailers (by threat of a substantial penalty) from opening a second store within 60 air miles of Woodbury, creating a vast 11,000 square mile zone in which Simon faced little effective competition from other outlet centers.

The investigation also revealed that several developers had attempted to develop outlet centers in New York City, but were thwarted in signing up the necessary retailers due to the Woodbury Common radius restrictions. There are over 200 outlet centers across the US, but one outlet center—Woodbury Common—dominates the New York City area.

Elsewhere in the country, outlet development has thrived and outlet centers have been moving closer to city centers. Unlike New York City, other major cities such as Chicago and Los Angeles have several competing outlet centers. Opening up New York City to competing outlet development will create new choices for consumers and retailers, along with potential new investment, infrastructure, and jobs. In addition, competition among outlet centers is likely to lower overhead for retailers, maximize retailers’ opportunities to reach more price-conscious consumers, and deliver better value to New Yorkers seeking discounts.

The settlement announced today by Attorney General Schneiderman has two main elements, in addition to a $945,000 monetary payment to New York State:

• Ending exclusive agreements with retailers.Simon has agreed to revise existing leases to remove radius restrictions that would otherwise prevent outlet center development.

• Prohibiting future interference with outlet retail. For the next 10 years, Simon has agreed to cease using radius restrictions, or other exclusionary tactics, that might deter retailers from opening additional outlet stores.

These two commitments ensure that Simon’s competitors will be able to compete on a level playing field to develop new outlet centers in New York City. Simon has also agreed to the appointment of an independent monitor to ensure compliance with the terms of the settlement. Attorney General Schneiderman’s office will oversee the monitor, and work to maintain an outlet retail market free from anticompetitive restrictions.

This matter was handled by Assistant Attorneys General Bryan Bloom, James Yoon, Jeremy Kasha, Mariya Naulo, and Marc Foto, as well as Deputy Bureau Chief Elinor Hoffmann, Bureau Chief, Beau Buffier, and Executive Deputy Attorney General for Economic Justice Manisha M. Sheth.

A copy of the settlement can be found here.

IDC, Entertainment Unions, Television Artists to Urge Signage and Funding of Film Diversity Tax Credit

Independent Democratic Conference to release report on current lack of diversity behind TV cameras

  State Senator Marisol Alcántara, together with Independent Democratic Conference Leader Jeff Klein, members of the IDC and Assemblyman Marcos Crespo, joined by Beau Willimon, Robin Thede, the Directors Guild of America, the Writers Guild of America East, and entertainment professionals urged the signage and funding of legislation to create the Television Writers’ and Directors’ Fees and Salaries Credit.

If enacted, the recently passed legislation would encourage the hiring of women and minority writers and directors in New York through up to $5 million in tax credits beginning January 1, 2018.

“I initially became interested in this bill because as an Afro-Latina immigrant, I knew what it felt like to grow up feeling invisible in American culture. It was so rare to see a character of color on television, and when you did see one, it felt like they were tokenized, stereotyped, or killed off quickly. And while the industry has made some strides on representation in front of the camera, diversity behind the camera is still sorely lacking. I think the overall quality of television, the different kinds of stories that can be told, the overall landscape of the art form will benefit greatly from having opportunities for diverse people to tell their stories. It was a tough battle, but I stuck with the bill because of the future generations of talented women and people of color who would otherwise remain undiscovered, and the inspiration their stories could bring to countless young people and immigrants like myself,” said Senator Marisol Alcantara.

In a report published by the Independent Democratic Conference, “Telling All of New York’s Stories: Expanding Diversity Behind the TV Cameras,” both minorities and women were grossly underrepresented amongst television producers and directors.

The report examined the lack of diversity and the effect is has on the way that stories are told on shows.

“In this city of eight million stories, not enough are being told. This important tax credit will help women and minority writers and directors break into the film industry here in New York City, one of the most diverse places in the world. I thank Senator Alcantara for making this initiative a priority,” said Senator Jeff Klein

“There is no arguing that fiscal policy serves as a tool to create jobs and stimulate economic development.  The television writers and directors tax credit created through this legislation is a job creator that opens doors of opportunity for minorities in an industry very much void of diversity.  This bill walks the talk about fairness and inclusion.  I urge the Governor to sign this bill into law immediately,” stated Assemblyman Marcos Crespo, Chair of the Assembly Puerto Rican/Hispanic Task Force."

“It is time we rewrite the script for minority and female writers and directors in the television industry in New York and make them more visible. Simply put, we need to increase the number of television female and minority writers and directors since they are clearly underrepresented in the industry. I urge Governor Andrew Cuomo to sign legislation into law that will provide credits for expenses related to salaries for more TV female and minority productions. I want to thank Senator Alcantara, Klein and Assembly member Crespo for their efforts to increase the number of female and minority writers and directors in TV in our state,” said Senator Jose Peralta.

"Diversity represents a key New York human resource. I'm proud that our state will act as a catalyst for helping an important creative sector take full advantage of our diversity. This $5 million tax credit will provide additional opportunities into television writing and directing. This Television Diversity Tax Credit builds upon the successes of the New York State Film Tax Credit. New York must continue to be the hub of our nation's creative industries, and we must work to build a more inclusive sector that fully reflects the diversity of our communities,” said Senator Jesse Hamilton.

“Enhancing diversity in television writers’ rooms is essential, not just as a matter of social justice, but also for the industry's long-term economic health.  To continue to prosper and to provide good jobs, the industry must offer shows that capture the attention of increasingly-diverse audiences.  What's more, our members tell us that writers’ rooms that include people from a variety of backgrounds, with different experiences and perspectives, create the most compelling stories and television shows. This tax credit legislation will make the industry better and stronger, and will create opportunities for more New Yorkers.  We thank Senators Alcantara and Klein and Assemblyman Crespo for their forward-thinking leadership on this vital issue, and we join them in encouraging the Governor to sign and fund this important initiative,” said Lowell Peterson, Executive Director of the Writers Guild of America, East.

The report looked at data from the Writers Guild of America, East, and the Writers Guild of America, West. Over the past five years, of all the individuals hired to be credited writers in television series in the area they represent, which includes New York, only 27% of the individuals were women and only 14% were minority members, the WGAE found. These numbers are in line with findings from the WGAW concluded. A study from the Bunche Center found that for the 2014-15 television season, a majority of television productions had writing staffs where minority writers made up less than 10% of the writing staff.

The Directors Guild of America found a similar lack of diversity among the individuals hired to direct television episodes in the 2015-16 season. The Guild’s latest Episodic Television Director Diversity Report showed that Caucasian males directed just over two-thirds of all television episodes shown that year. Minority males directed just 16% of episodes, Caucasian females directed 14% and minority female directed just 3% of television episodes that year. An IDC staff examination of the data for series examined filmed entirely in New York found that New York productions also lacked diversity behind the director’s camera. Of the 328 episodes of television filmed for the 22 New York filmed television series examined, Caucasian males directed 70% of episodes, minority males directed only 11% of episodes, Caucasian females directed 16% of episodes, and minority females directed only 4% of episodes.

The Television Writers' and Directors' Fees and Salaries Credit aims to balance behind the scenes talent by covering salary and fees paid for employing eligible writers or directors. For costs to be eligible the individual hired must be a woman or a member of a minority community who is not a profit participant in the television production.

To be an eligible writer, an individual must be responsible for writing or revising scripts, screenplays, teleplays, dialogue, etc., and they have to report to the writers’ room.  To ensure that the incentive applies to regular working writers and directors, the bill has detailed caps on eligible earnings on a per-episode and a per-season basis, and writers and directors who are also profit participants are not eligible.

The entire value of the credits is capped at $5 million per tax year, with eligibility for credits determined by date of filing if the demand exceeds this allowed amount. Any production that filed later and thus is denied the credit would have their application carried forward to the following tax year. Eligible productions would be able to start claiming the credit for eligible expenses incurred starting in tax year 2018.