New York City Council Votes to Restrict Use of Plastic Straws and Reduce School Food Waste

 

With plastic waste wreaking havoc on our planet, the New York City Council is further proving its commitment to reducing plastic waste in our City landfills. Members will vote on a bill to prohibit food service establishments from providing single-use plastic straws, stirrers and splash sticks to customers who don’t ask for them. Plastic straws, which people with disabilities often need, would still be available to those who ask. By making customers pro-actively ask for straws, we will dramatically reduce the amount of single use plastic being used in the largest city in the country. Each year, at least eight million tons of plastic leak into the ocean. If we don’t change our behavior, the World Economic Forum predicts there will be more plastic in the ocean than fish by 2050.

The Council will also vote on a bill to create food waste prevention programs in our public schools. The bill would require the Chancellor of the Department of Education (DOE) to work with school sustainability coordinators to craft food waste production plans, consistent with a bill the Council recently passed to require that all city agencies with food procurement contracts develop and implement plans to do the same.

CONSUMER AFFAIRS

Reduces single-use plastic straws, stirrers and splash sticks

Int. No. 936-A, sponsored by Council Member Helen Rosenthal, will reduce the amount of plastic that ends up in our city’s landfill. Each year more than 320 million tons of plastic are consumed worldwide. Plastic in landfills can take centuries to break down and finds its way into our oceans each year at an estimated rate of one garbage truck full per minute, endangering fish and aquatic wildlife. This bill would restrict food service establishments in the City from providing plastic straws, stirrers and splash sticks, all of which typically go to landfill and are not effectively recycled.

Providing single-use plastic stirrers and splash sticks of any kind would be prohibited. Providing plastic straws would also be prohibited. However, to balance the environmental benefits of reducing plastic with the needs of people with disabilities who use plastic straws to consume food and beverages, the bill requires that all food service establishments maintain a sufficient stock of plastic straws to provide free of charge, upon request.  To further accommodate those who use plastic straws based on medical need, signs will be posted in self-service stations where customers typically retrieve their own utensils, informing the public that they may request a plastic straw. 

Providing single-use plastics in violation of this bill would result in civil penalties, while refusing to provide a plastic straw upon request could constitute a violation of the City’s Human Rights Law.

The bill would permit distribution of compostable plastic straws for use on-premises, but only if the food service establishment properly separates and disposes of those straws through a commercial composting provider.

“Plastic waste is gravely polluting our oceans and waterways, threatening the health of wildlife and humans alike. This includes millions upon millions of straws, and limiting their use is a simple but very important step. At the same time, it is absolutely fundamental that we protect the civil rights and independence of our disability community. The ability to request a plastic straw is a critical protection for disabled customers who need them to eat and/or drink. Our disability community worked closely with environmentalists, the restaurant industry, and the City Council to ensure that the legislation being voted on today protects the rights of all New Yorkers,” said Council Member Helen Rosenthal.

This bill would go into effect on November 1, 2021.

EDUCATION

Requires the Department of Education to develop a plan for reducing food waste

Int 1681-A, sponsored by Council Member Jimmy Van Bramer would require the Chancellor of the Department of Education (DOE) to work with school sustainability coordinators to develop a plan for reducing food waste. This plan would be submitted to the Department of Sanitation (DSNY) for recommendations, as well as the Speaker of the Council. The bill would require DOE to submit an annual report with information on DOE’s actions to implement its food waste prevention plan and the Chancellor’s updates to such plan. DSNY shall include the information contained in the report as part of the department’s March 1, 2022 annual recycling report.

“The Department of Education must confront food waste in order to create a more environmentally sustainable City,” said Council Member Jimmy Van Bramer. “Food waste prevention plans will help cut the amount of excess food our schools and city sends to land fill, finding ways to instead donate, compost, and reduce surplus. These plans are a step towards more sustainable schools system and a less wasteful New York.”

This bill goes into effect 90 days after it becomes law.

Attorney General James Issues Consumer Alert Against Possible Gasoline Price Gouging

 

Fuel Sellers Are Prohibited from Excessively Increasing Prices to Take Advantage of Fuel Shortages Resulting from the Colonial Pipeline Shutdown

  New York Attorney General Letitia James today issued an alert to New Yorkers concerning potential gasoline price gouging following the interruption of a major fuel pipeline serving the eastern half of the United States — urging consumers to report dramatic gasoline price increases to the Office of the Attorney General (OAG) for investigation. The current disruption to the fuel market occurred after computer hackers illegally hacked into the computer system that is used to control the Colonial Pipeline, which transports fuel to numerous locations along the eastern half of the U.S., including the New York City area. The hack caused a temporary shutdown of the pipeline, creating the threat of a fuel shortage that could potentially affect hundreds of millions of Americans. In response, numerous consumers on the East Coast have reportedly engaged in panic-buying of fuel, and some sellers appear to have increased their prices in an attempt to profit from the increased demand. 

“As New Yorkers continue to suffer the economic impact of the COVID-19 public health crisis, the last thing their wallets can afford is the price gouging of fuel from those seeking to unconscionably take advantage of another crisis,” said Attorney General James. “To be clear, the price gouging of fuel in New York state will not be tolerated for a moment. If our office sees profiteers take advantage of consumers by boosting prices to excess levels, we will not hesitate to take legal action. Last year, the state granted our office additional authority to stop those seeking to unlawfully profit off an emergency, so we will use every tool at our disposal to stop illegal actors and secure relief for consumers who have been overcharged for gasoline.” 

New York law prohibits sellers of fuel and other vital and necessary goods from excessively increasing their prices during an abnormal market disruption, including disruptions caused by energy shortages. During such times, sellers may be allowed to increase prices to cover their own cost increases, but it is illegal for them to unconscionably raise prices simply to profit from increased consumer demand. 

Additionally, last year, in response to an influx in price gouging as a result of the coronavirus disease 2019 (COVID-19) public health crisis, a law was passed that substantially strengthened Attorney General James’ ability to bring charges against those violating New York state’s price gouging statute, as they sought to excessively increase prices on essential goods and services during pandemics or other emergencies.

When reporting price gouging to the OAG, consumers should report the specific increased prices, the dates and places that they saw the increased prices, and the types of fuel being sold. Consumers should also provide copies of their sales receipts and photos of the advertised prices, if available. Gas stations that appear to have engaged in price gouging must have evidence to justify their price increases.    

The OAG also advises consumers to buy only as much fuel as they need and not to stock up out of fear of a potential future shortage, as such panic buying may reduce the supply of fuel available for other consumers and could encourage sellers to engage in illegal price gouging. The OAG also advises consumers that it is not price-gouging for gas stations to limit the amount of fuel they sell to individual consumers. Reducing the quantities of sales can help avoid a small number of consumers from hoarding fuel and can, instead, ensure that there is still fuel available (even in smaller quantities) for other consumers.   

234 Days and Counting Free Shake Shake Fries if you get shot.

 

We are giving you more and more to get vaccinated, soon we will be giving you the Key to the City, which many are trying to take. Today you get Shake Shack French Fries if you get vaccinated. It is full of bad things for you so if COVID-19 doesn't get you these Shake Shack Burgers and fries will. It tastes delicious, (sound of Mayor de Blasio chocking) Dr. Chokshi where are you?

 

Brooklyn Man Sentenced In Manhattan Federal Court To 20 Years In Prison For Attempting To Provide Material Support To ISIS

 

Zachary Clark Disseminated ISIS Propaganda and Bomb-Making Instructions in an Effort to Incite Acts of Terrorism and Violence in New York City and Elsewhere

 Audrey Strauss, the United States Attorney for the Southern District of New York, John C. Demers, Assistant Attorney General for National Security, William F. Sweeney Jr., the Assistant Director-in-Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), and Dermot Shea, the Commissioner of the Police Department for the City of New York (“NYPD”), announced that ZACHARY CLARK, a/k/a “Umar Kabir,” a/k/a “Umar Shishani,” a/k/a “Abu Talha,” was sentenced today to 20 years in prison, for attempting to provide material support to the Islamic State of Iraq and al-Sham (“ISIS”).  CLARK pled guilty on August 10, 2020, in Manhattan federal court before U.S. District Judge Naomi Reice Buchwald, who sentenced Clark today.

U.S. Attorney Audrey Strauss said:  “Zachary Clark pledged allegiance to ISIS and posted calls for attacks on the public and institutions in New York City on encrypted pro-ISIS chatrooms, along with detailed instructions for carrying out those violent acts.  Thanks to the Joint Terrorism Task Force, Clark’s efforts to incite deadly violence on behalf of ISIS have been silenced.  Today’s sentence sends a clear message that those who seek to further ISIS’s campaign of terror and violence, no matter the method, will face serious consequences.”

Assistant Attorney General John C. Demers said:  “Today’s 20-year sentence recognizes the gravity of Clark’s conduct, including his calls for other ISIS supporters to carry out lone wolf terrorist attacks in New York City. Having pledged allegiance to ISIS, Clark provided others with specific instructions on knifing and bomb-making for use in such attacks. We remain vigilant to the threat of terrorism and committed to identifying and holding accountable those who threaten our communities through their support for foreign terrorist organizations.”

FBI Assistant Director William F. Sweeney Jr. said:  “Zachary Clark will no longer spend his time in chat rooms supporting terrorist ideals, but behind bars in federal prison for the next 20 years. The successful ending in this case is a result of the dedication of the FBI’s JTTF here in New York and our partners around the world. We will continue to work together to protect the people of New York from anyone who wishes to do us harm.”

NYPD Commissioner Dermot Shea said:  “Zachary Clark, using encrypted social media platforms became the facilitator for the voice of ISIS in America. He controlled a private channel, communicating with ISIS followers, posting terrorist attack manuals and bomb making instructions and making statements in support of suicide attacks. He also affirmed his own ambitions of becoming a martyr for ISIS on US soil. His arrest comes out of the tight-knit partnership of the Joint Terrorism Task force agents and detectives as well as the NYPD’s Intelligence Bureau. It is another example---among many---of protecting New York City from terrorist violence through intelligence sharing, joint investigation, and prosecution, which results in prevention.”

According to the Indictment, Complaint, other court filings, and statements made during court proceedings:

CLARK pledged allegiance to ISIS twice, first in July 2019, to ISIS’s then-leader Abu Bakr al-Baghdadi, and then in October 2019, to ISIS’s new leader, Abu Ibrahim al-Sashemi al-Qurayshi, whom ISIS promoted after al-Baghdadi’s death.  Beginning in at least March 2019, CLARK disseminated ISIS propaganda through, among other avenues, encrypted chatrooms intended for members, associates, supporters, and potential recruits of ISIS.  CLARK’s propaganda included, among other things, calls for ISIS supporters to commit lone wolf attacks in New York City.  For example, on August 3, 2019, CLARK posted instructions about how to conduct such an attack, including directions on how to select an attack target, how to conduct preoperational surveillance, how to conduct operational planning, and how to avoid attracting law enforcement attention when preparing for and conducting the attack.  On another occasion, CLARK posted a manual entitled “Knife Attacks,” which stated, among other things, that discomfort at “the thought of plunging a sharp object into another person’s flesh” is “never an excuse for abandoning jihad” and that “[k]nives, though certainly not the only weapon for inflicting harm upon the kuffar [non-believers], are widely available in every land and thus readily accessible.”  CLARK urged the participants in encrypted chatrooms to attack specific targets, posting maps and images of the New York City subway system and encouraging ISIS supporters to attack those locations.  CLARK’s guidance also included posting a manual entitled “Make a bomb in the kitchen of your Mom,” which was issued by al-Qaeda in the Arabian Peninsula and included detailed instructions about constructing bombs using readily available materials.    

In addition to his prison sentence, CLARK, 42, of Brooklyn, New York, was sentenced to lifetime supervised release.  

Ms. Strauss praised the outstanding efforts of the FBI’s New York Joint Terrorism Task Force, which consists of investigators and analysts from the FBI, the NYPD, and over 50 other federal, state, and local agencies.  Ms. Strauss also thanked the Counterterrorism Section of the Department of Justice’s National Security Division.

This prosecution is being handled by the Office’s Terrorism and International Narcotics Unit.  Assistant U.S. Attorneys Gillian Grossman, Matthew Hellman, and Sidhardha Kamaraju are in charge of the prosecution, with assistance from Trial Attorneys Jason Denney, Justin Sher, and Chad Davis of the National Security Division’s Counterterrorism Section.

Governor Cuomo Announces Beaches and Pools to Operate with Six-Foot Social Distancing and COVID-19 Indicators May 12, 2021

 

Goal to Reach 100% Capacity by July 4

Hospitalizations Drop to 1,928—First Time Below 2,000 Since November 15; Lowest Since November 14

Statewide Positivity Rate Drops to 1.10%—Lowest Since October 17

Statewide 7-Day Average Positivity Rate Drops to 1.28%—Lowest Since October 23; 37 Straight Days of Decline

New York City Positivity Rate Drops to 0.86%—First Day Under 1% Since October 14

ICU Patients Drop to 463—Lowest Since November 19

Intubations Drop to 270—Lowest Since November 22

26 COVID-19 Deaths in New York State Yesterday

 Governor Andrew M. Cuomo today announced that beaches and pools will operate with six-foot social distancing in anticipation of Memorial Day. New York State's goal is to reopen them to 100 percent capacity by July 4.

"All the COVID-19 numbers are trending in the right direction, and as more New Yorkers get vaccinated, it's important not to lose any of the significant progress we've gained. As the numbers go down, we can incrementally reopen the economy, and we're going to allow beaches and pools to operate with six-foot social distancing in time for Memorial Day," Governor Cuomo said. "Our hospitalization rate is below 2,000 for the first time since mid-November and our statewide 7-day average positivity rate has declined for 37 straight days. The infection and hospitalization rates are a function of our actions, and each New Yorker has shown tremendous strength and resilience to get these numbers down. As we get closer and closer to defeating COVID once and for all, everyone must continue to practice the behaviors we know work to slow the spread - washing hands, wearing masks and social distancing."

Today's data is summarized briefly below:

• Test Results Reported - 165,892
• Total Positive - 1,830
• Percent Positive - 1.10%
• 7-Day Average Percent Positive - 1.28%
• Patient Hospitalization - 1,928 (-98)
• 7-Day Average Patient Hospitalization - 2,110
• Net Change Patient Hospitalization Past Week - -530
• Patients Newly Admitted - 227
• Number ICU - 463 (-28)
• Number ICU with Intubation - 270 (-20)
• Total Discharges - 178,857 (+265)
• Deaths - 26
• Total Deaths - 42,367

 

CEO Of Private Equity Fund Charged In Manhattan Federal Court With Lying To Bank To Secure $95 Million Loan

 

Elliot Smerling Charged with Wire Fraud, Bank Fraud, and Aggravated Identity Theft for Falsifying Capital Commitments, Fund Finances, to Secure $95 Million Loan

 Audrey Strauss, the United States Attorney for the Southern District of New York, and William F. Sweeney Jr., the Assistant Director-in-Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), announced today that ELLIOT SMERLING was indicted this morning on charges of wire fraud, bank fraud, and aggravated identity theft for seeking and obtaining an approximately $95 million subscription-backed line of credit for his $500 million private equity fund on the basis of a forged audit letter, falsified subscription agreements, and falsified bank account statements.

Manhattan U.S. Attorney Audrey Strauss said:  “As alleged, Elliot Smerling went to elaborate measures to create a blatantly false picture of the financial underpinnings of a private equity fund in order to obtain a $95 million line of credit.  Through a forged audit letter and falsified subscription agreements and bank statements, Smerling allegedly induced a California bank to make a loan commitment it never would have made had it known the truth.  Now, the truth has landed Elliot Smerling in federal court.”

FBI Assistant Director William F. Sweeney Jr. said:  “Falsifying information in order to secure a loan, regardless of the amount, is a crime.  When the loan secured is nearly $100 million, the stakes are even higher.  As alleged, Smerling engaged in illegal practices in order to benefit his interests.  Today he’s learned the consequences of his alleged actions.”

According to the Indictment filed today in Manhattan federal court, and the Complaint[1] unsealed February 26, 2021, in the Southern District of Florida:

From at least in or about December 2020 through at least in or about February 2021, ELLIOT SMERLING, the defendant, solicited and obtained on behalf of the general partner (“General Partnership-1”) of a private equity fund (“Private Equity Fund-1”), a loan of approximately $95 million from a commercial bank headquartered in California (“Victim Bank-1”), which was secured by purported capital commitments made by the limited partnership of investors in Private Equity Fund-1 (“Limited Partnership-1”).  SMERLING obtained the approximately $95 million loan on the basis of falsified documents and material misrepresentations, including:  (1) a forged audit letter, purportedly prepared by an international network of accounting, audit, tax, and professional services firms (“Audit Firm-1”), attesting to the audited financial statements of Limited Partnership-1; (2) forged subscription agreements that falsely represented that the investment fund of a private university based in New York, New York (“University Endowment Fund-1”), and the chief investment officer of that fund (“Chief Investment Officer-1”) had committed $45 million to fund Limited Partnership-1, and that the investment management division of a banking and financial services firm headquartered in New York, New York (“Investment Manager-1”), and the chief executive officer of Investment Manager-1 had committed $40 million to fund Limited Partnership-1; and (3) falsified bank records purporting to attest to a $4.5 million wire transfer from University Endowment Fund-1 to Limited Partnership-1. 

On or around December 1, 2020, SMERLING contacted an employee of Victim Bank-1 concerning SMERLING’s interest in acquiring an approximately $95 million loan for SMERLING’s $500 million private equity fund, Limited Partnership-1.  The loan sought by SMERLING would substitute for an existing line of credit SMERLING had secured from a multinational financial services company (“Commercial Bank-1”), where Limited Partnership-1 purported to have an existing line of credit with an outstanding loan balance equal to the amount sought by SMERLING from Victim Bank-1.  The employee of Victim Bank-1 referred SMERLING to a director in the Global Fund Banking Group at Victim Bank-1 (“Witness-1”).

Thereafter, in or around December 2020, Witness-1 requested from SMERLING materials concerning Limited Partnership-1 and General Partnership-1 in order to evaluate SMERLING’s loan request.  In response, SMERLING sent Victim Bank-1 materially false materials, the veracity of which Victim Bank-1 relied upon in ultimately deciding to make the loan sought by SMERLING, including:     

i.          An audit letter (the “Audit Letter”), purportedly prepared by Audit Firm-1, attesting to the sound finances of Limited Partnership-1.

ii.         Subscription agreements purportedly signed by investors in the fund, including an agreement reflecting a purported commitment of $45 million by University Endowment Fund-1 and the purported signature of Chief Investment Officer-1 (“Subscription Agreement-1”), and an agreement reflecting a purported commitment of $40 million by Investment Manager-1 and the purported signature of the chief executive officer of Investment Manager-1 (“Subscription Agreement-2”).  

iii.        A table (the “Capital Commitment Table”) listing $500 million in paid and unpaid capital commitments purportedly made to Limited Partnership-1 as of December 13, 2019, including a purported $45 million commitment by University Endowment Fund-1, consisting of a “call amount” of $4.5 million and an “unpaid commitment” of $40.5 million as of that date, as well as a purported $40 million commitment by Investment Manager-1, consisting of a “call amount” of $4 million and an “unpaid commitment” of $36 million as of that date. 

Following receipt of the materials, employees of Victim Bank-1, including at least one employee based in Victim Bank-1’s office in New York, New York, reviewed the materials as part of Victim Bank-1’s diligence process.

On or around January 7, 2021, Witness-1 wrote an email to the chief financial officer of Private Equity Fund-1, with a copy to SMERLING, in which Witness-1, in substance and in part, advised that Victim Bank-1 was in the process of finalizing its approvals for the loan.  Witness-1 requested bank statements “evidencing receipt of the most recent capital call.”  On the same date, SMERLING replied with an email to which he attached a December 2019 bank statement (the “Bank Statement”) for an account purportedly held in the name of Limited Partnership-1 at Commercial Bank-1’s Americas headquarters in New York, New York.  The statement reflected wires into the account with a combined value of $50 million, including a purported wire of $4.5 million from University Endowment Fund-1 and a purported wire of $4 million from Investment Manager-1.

The materials that SMERLING submitted to Victim-Bank-1 were materially false.  For example, the Audit Letter was not prepared by Audit Firm-1.  Chief Investment Officer-1 of the University Endowment Fund-1 has no knowledge of ELLIOT SMERLING, Limited Partnership-1, or General Partnership-1, and the signature appearing on the Subscription Agreement-1 is not that of Chief Investment Officer-1.  University Endowment Fund-1 has found no indication that it made the $4.5 million wire transfer reflected in the Bank Statement or made any other investment or capital commitment to ELLIOT SMERLING, the defendant, Limited Partnership-1, or General Partnership-1.

Similarly, Investment Manager-1 has found no indication that Investment Manager-1 in fact made the $4 million wire transfer reflected in the Bank Statement or made any other investment or capital commitment to ELLIOT SMERLING, the defendant, Limited Partnership-1, or General Partnership-1.

SMERLING was arrested and presented in the Southern District of Florida on February 26, 2021, before United States Magistrate Judge William Matthewman.

SMERLING, 52, of Lake Worth, Florida, is charged in three counts, with wire fraud, bank fraud, and aggravated identity theft.  Wire fraud affecting a financial institution carries a maximum sentence of 30 years in prison, and a maximum fine of $1 million or twice the gross gain or loss from the offense.  Bank fraud carries a maximum sentence of 30 years in prison, and a maximum fine of $1 million or twice the gross gain or loss from the offense.  Aggravated identity theft carries a mandatory sentence of two years in prison consecutive to any other sentence imposed and a maximum fine of $250,000 or twice the gross gain or loss from the offense.  The maximum potential sentences are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.

Ms. Strauss praised the work of the Federal Bureau of Investigation. 

This case is being handled by the Office’s Complex Frauds and Cybercrime Unit.  Assistant U.S. Attorney Jilan J. Kamal and Timothy V. Capozzi are in charge of the prosecution. 

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

[1] As the introductory phrase signifies, the entirety of the texts of the Indictment and the Complaint, and the descriptions of the Indictment and the Complaint set forth in this release, constitute only allegations, and every fact described should be treated as an allegation.

Governor Cuomo Accepts NYS Clinical Advisory Task Force Recommendation to Immediately Implement Expanded Use Authorization of the Pfizer COVID-19 Vaccine for 12 to 15-Year-Olds

 

 "Today the Centers for Disease Control and Prevention endorsed the use of the Pfizer COVID-19 vaccine for adolescents 12 to 15 years of age. That decision followed a thorough review of data and FDA's expansion of the emergency use authorization for this vaccine earlier this week. To further ensure the safety and effectiveness of New York State's vaccination program, I directed Dr. Zucker and the New York State Clinical Advisory Task Force to conduct a concurrent review. I accepted their recommendation and am authorizing all providers enrolled in the NYS COVID-19 vaccination program to expand eligibility for the Pfizer COVID-19 vaccine to people in the 12-15 age group, effective immediately.

"Children under the age of 18 now account for more than 20 percent of new cases in this country, and vaccine authorization for a younger population will allow the state to continue its tremendous progress towards winning the war against COVID. More than 17 million vaccine doses have been administered in New York State to date."

RECOVERY FOR ALL OF US: NEW YORK CITY ADOPTS NEW ZONING RULES TO PROTECT COASTAL AREAS FROM CLIMATE CHANGE

Zoning for Coastal Flood Resiliency will help protect 800,000 New Yorkers and more than 120,000 homes and businesses from flooding and natural disasters

 Following a City Council vote, Mayor Bill de Blasio today announced that a major package of zoning rules will now help to protect homes and businesses in New York City’s vast floodplain from climate change. The package of zoning rules, known as Zoning for Coastal Flood Resiliency (ZCFR), helps buildings better withstand and recover from major disasters and sea level rise, which could lead to lower insurance costs.

 

“New York City has an obligation to transform its relationship with water, and these zoning changes will protect New Yorkers from coastal flooding for generations to come,” said Mayor Bill de Blasio. “Climate change will be our city’s greatest long-term challenge, and New York City will do everything it can to keep residents and businesses resilient and prepared for whatever comes next.”

 

“This set of citywide zoning changes will help make the city’s coastal residents and businesses safer, stronger, and better prepared for extreme weather in the face of climate change,” said Deputy Mayor for Housing and Economic Development Vicki Been. “I applaud the City Council and all stakeholders involved in this multi-year effort for making this plan a reality to create a more resilient New York City.”

 

“ZCFR is a giant step forward, revamping zoning rules to protect vulnerable neighborhoods from climate change by making rebuilding, recovery and resilience easier for New Yorkers. Thanks to ZCFR, our shoreline will be stronger and more sustainable for decades to come,” said Department of City Planning Director Marisa Lago.

 

ZCFR updates, improves, and makes permanent the emergency rules established in the wake of Superstorm Sandy. These changes will help better protect the tens of thousands of affordable homes, businesses and jobs located in current and future floodplain, which is home to nearly 800,000 New Yorkers.

 

Critically, ZCFR also limits construction of new nursing homes in areas at high-risk of flooding and locations that could be difficult to access following a storm. This change lessens both the health consequences and logistical challenges of evacuating this particularly vulnerable population in an emergency.

 

This plan is the product of four years of intense community engagement, including more than 200 public meetings hosted by the Department of City Planning. The City Planning Commission approved the zoning changes this March.

 

Zoning for Coastal Resiliency rules will:

*  Encourage resiliency in current and future flood-prone neighborhoods: ZCFR greatly expands where flood resilient zoning rules apply. New and substantially rehabbed buildings in areas of the city that, by 2050, are expected to have a 1% chance of a flood event in any given year, are now permitted to meet or exceed flood-resistant construction standards set by the U.S. Federal Emergency Management Agency (FEMA) or NYC’s Building Code.

  * The expanded floodplain geography increases the number of buildings that can be retrofitted to resiliency standards by nearly 50%, allowing new construction in these areas to be more resilient and more building owners to proactively raise living space and important equipment out of harm’s way.

  * Support long-term resilient design: Previously restrictive zoning could inadvertently lead resiliency retrofits to create very narrow, poorly designed homes in small lots. Through ZCFR’s flexible zoning rules on height and yards, building owners can both raise their structures and produce a well-designed, resilient home that fits with the surrounding neighborhood character while achieving a better floorplan.

  * Adapt to a changing climate through incremental retrofits: ZCFR lets buildings elevate or relocate important mechanical, electrical and plumbing equipment, or backup systems like generators, above the expected height of floodwaters. This can be done either within the building, atop of the structure, or on a separate platform.

     * For example, a NYCHA or Mitchell-Lama complex in Lower Manhattan or Manhattan Beach can construct an elevated mechanical building in its yard to address the needs of the campus while keeping equipment out of the path of damaging floodwaters. An industrial business in the South Bronx can build a mezzanine to safely store sensitive machinery or important files above where floodwaters might seep in. The mezzanine would be exempt from floor area, preventing loss of building space elsewhere.

  *  Speed up future recovery by reducing regulatory obstacles: ZCFR places recovery provisions in the Zoning Resolution that can be quickly selected based on the issues caused by the disaster and recovery period. These provisions include cutting down on red tape and providing additional time for an affected business to reopen, even if it predates and no longer matches the current zoning.

 

In addition to ZCFR, changes to further limit flood risk in three neighborhoods as part of DCP’s Resilient Neighborhood Initiative – Gerritsen Beach and Sheepshead Bay in Brooklyn, and Old Howard Beach in Queens – are now active. These actions address resiliency challenges specific to these areas:

  * In Gerritsen Beach, zoning changes, including the establishment of a new Special Coastal Risk District, limit future density and cap building heights at 25 feet above the potential height of floodwaters to more closely match the area’s built character.

  *  In Sheepshead Bay, the existing Special Sheepshead Bay District now prohibits below-grade plazas, which are prone to flooding and difficult to make resilient.

  * In Old Howard Beach, zoning changes limit the construction of attached homes, which are harder to retrofit and elevate than detached homes because of their shared walls.