Senator Biaggi's Week in Review: 8/16/21-8/20/21

 

Dear Community,

New York currently faces a dire housing crisis, and this crisis has only been further exacerbated in the last few weeks. On August 12th, the United States Supreme Court blocked part of New York State’s eviction moratorium, which is set to expire on August 31st, 2021. The court order “stressed that it applied only to a provision that bars the eviction of tenants who file a form saying they have suffered economic setbacks as a result of the pandemic, rather than providing evidence in court,” according to the New York Times. This decision means that courts may accept eviction filings from landlords until the Legislature reconvenes to pass a new moratorium, further putting tenants at risk of being displaced from their homes and experiencing homelessness. 

Prior to the Supreme Court ruling, Assemblymember Yuh-Line Niou and I introduced legislation this month to extend New York’s eviction moratorium to October 31st, 2021. I believe that given the recent Supreme Court ruling on New York’s eviction moratorium, the surge in the Delta variant, and the failure of the Emergency Rental Assistance Program to properly distribute funds, it is absolutely necessary for the Legislature to reconvene immediately to strengthen and extend New York’s moratorium. 

Although the Emergency Rental Assistance Program opened to the public in June, not a single payment was distributed that month and as of August 12th, only $108.8 million of the $2.7 billion of available funds have been distributed to those in need-- a pace significantly slower than other states. The Emergency Rental Assistance Program’s failure to properly distribute funds has put the livelihoods of rent-burdened New Yorkers at risk, and by extending the eviction moratorium, we can provide relief to these struggling New Yorkers. 

I am urging leadership in the Legislature to reconvene and vote to strengthen and extend the eviction moratorium immediately. As legislators, we must do everything in our power to prevent families from losing their homes and experiencing the trauma that ensues after an eviction.

With Gratitude,

State Senator Alessandra Biaggi

United States Recovers Over $1.4 Million From Four Additional Responsible Parties For The Release Of Mercury In The Village Of Rye Brook

 

Defendants Agree to Pay $1,412,255 in Clean-up Costs and Accept Responsibility in Consent Decree

 Audrey Strauss, United States Attorney for the Southern District of New York, and Walter Mugdan, Acting Regional Administrator of the U.S. Environmental Protection Agency (“EPA”), announced today that the United States has filed a civil lawsuit against E.I. DUPONT DE NEMOURS AND COMPANY (“DuPont”), D & D SALVAGE CORPORATION (“D & D”), OXY USA INC. (“Oxy”), and W.A. BAUM COMPANY, INC. (“W.A. Baum”) (collectively, the “Defendants”), and has simultaneously filed a consent decree settling the lawsuit.  In the complaint, brought pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. §§ 9601-9675 (“CERCLA”) – commonly known as the Superfund statute – the United States alleged that the Defendants arranged for the disposal or treatment of mercury by Port Refinery, Inc. (“Port Refinery”), a mercury refining business in the Village of Rye Brook, New York, which led to releases of mercury into the environment.  The consent decree provides for a combined payment of $1,412,255 by the Defendants for costs incurred by EPA in conducting clean-up activities at the site.

U.S. Attorney Audrey Strauss said: “DuPont, D & D, Oxy, and W.A. Baum contributed to contamination in a residential community by arranging for the treatment or disposal of over 7,000 pounds of toxic mercury, and now each is paying a share of the costs that EPA had to incur to clean up this site.  This Office will continue to hold responsible parties accountable for their share of the costs at the site.”

EPA Acting Regional Administrator Walter Mugdan said: “EPA is recovering more than $1.4 million that the Agency spent to clean up mercury pollution released in the Village of Rye Brook, and that is good news for taxpayers as we are holding the polluter responsible for the cost.  The funds can be put back into the Superfund to assist with cleanup of other sites. This case shows that EPA can take immediate action to protect people while still holding polluters responsible by recovering some of the money down the road.  We don’t have to choose between protecting people and taking appropriate legal action – they go hand-in-hand.”

As alleged in the complaint filed yesterday in White Plains federal District Court, each of the Defendants arranged for Port Refinery’s treatment or disposal of used, surplus, or scrap mercury and mercury-containing materials at the Site.  Port Refinery’s treatment and processing of mercury sent by the Defendants and other parties led to extensive releases of mercury into the environment, necessitating two separate clean-up actions by EPA.  In connection with the second clean-up, EPA incurred costs at the Site for investigative and removal activities, including, among other things, excavating and disposing of more than 9,300 tons of mercury-contaminated soil from the site.

In the consent decree filed yesterday, the Defendants admit and accept responsibility for the following:

• EPA has determined that from the 1970s through the early 1990s, Port Refinery engaged in, among other things, the business of mercury reclaiming, refining, and processing.
• Port Refinery operated in the Village of Rye Brook out of a two-story garage bordered by private residences on its south, east, and west sides.
• EPA has determined that Port Refinery took virtually no environmental precautions or safety measures during its mercury refinement process.
• EPA has determined that Port Refinery released a significant amount of mercury into the environment, contaminating the Site.
• EPA has determined that mercury from the Defendants’ mercury-containing products was comingled at the Site and contributed to the mercury released into the environment.

Moreover, in the consent decree each Defendant admits and accepts responsibility for directly or indirectly delivering mercury to Port Refinery as follows:

• DuPont delivered 3,291 pounds of mercury, which included virgin, unused, scrap, used, and contaminated mercury, to Port Refinery during Port Refinery’s period of operations.
• D & D delivered 2,150 pounds of scrap mercury to Port Refinery during Port Refinery’s period of operations.
• Oxy sold 190 pounds of surplus mercury and mercury-containing materials to a third-party scrap dealer during Port Refinery’s period of operations, and EPA has determined that those surplus mercury and mercury-containing materials came to be located at the Site.
• W.A. Baum delivered 1,425 pounds of “dirty” mercury to Port Refinery during Port Refinery’s period of operations.

Pursuant to the consent decree, the Defendants will pay a total of $1,412,255 in costs incurred by EPA, consisting of $658,639 to be paid by DuPont, $430,352 to be paid by D & D, $38,031 to be paid by Oxy, and $285,233 to be paid by W.A. Baum.

This lawsuit is the United States’ sixth lawsuit against responsible parties to recover clean-up costs for the second clean-up at the Site.  With this settlement, the United States has recovered a total of $2,382,137 from responsible parties. 

The consent decree will be lodged with the District Court for a period of at least 30 days before it is submitted for the Court’s approval, to provide public notice and to afford members of the public the opportunity to comment on the consent decree.

Governor Cuomo Updates New Yorkers on State's Progress During COVID-19 Pandemic - AUGUST 19, 2021

 

55,856 Vaccine Doses Administered Over Last 24 Hours

17 COVID-19 Deaths Statewide Yesterday

 Governor Andrew M. Cuomo today updated New Yorkers on the state's progress combatting COVID-19.

"New Yorkers who have not yet received their vaccination are leaving themselves, their communities, and their loved ones at heightened risk of contracting COVID, especially with the ongoing spread of the Delta variant," Governor Cuomo said. "We have made so much progress thus far and now is not the time to rest. There are no more excuses - the vaccine is safe, effective and free. If you haven't already, now is the time get vaccinated as soon as possible."

 
Today's data is summarized briefly below:

·         Test Results Reported - 169,710
·         Total Positive - 5,138
·         Percent Positive - 3.03%
·         7-Day Average Percent Positive - 3.15%
·         Patient Hospitalization - 1,937 (+49)
·         Patients Newly Admitted - 303
·         Patients in ICU - 391 (+10)
·         Patients in ICU with Intubation - 169 (+12)
·         Total Discharges - 189,854
·         Deaths - 17
·         Total Deaths - 43,318
·         Total vaccine doses administered - 23,076,850
·         Total vaccine doses administered over past 24 hours - 55,856
·         Total vaccine doses administered over past 7 days - 320,484
·         Percent of New Yorkers ages 18 and older with at least one vaccine dose - 75.1%
·         Percent of New Yorkers ages 18 and older with completed vaccine series - 68.5%
·         Percent of New Yorkers ages 18 and older with at least one vaccine dose (CDC) - 77.9%
·         Percent of New Yorkers ages 18 and older with completed vaccine series (CDC) - 70.2%
·         Percent of all New Yorkers with at least one vaccine dose - 63.2%
·         Percent of all New Yorkers with completed vaccine series - 57.2%
·         Percent of all New Yorkers with at least one vaccine dose (CDC) - 65.6%
·         Percent of all New Yorkers with completed vaccine series (CDC) - 58.6%

COUNCIL MEMBER DINOWITZ AND ASSEMBLYMAN DINOWITZ CALL FOR REMOTE LEARNING OPTION

 

Assemblyman Jeffrey Dinowitz and Council Member Eric Dinowitz are urging the NYC Department of Education to offer a centralized remote learning option for students who are unable to be vaccinated because of medical reasons.

  As New York families prepare to start the school year on September 13, a pair of legislators from the north and northwest Bronx are calling for a remote learning option to accommodate students who are medically unable or ineligible to be vaccinated against the COVID-19 pandemic. Council Member Eric Dinowitz and Assemblyman Jeffrey Dinowitz have sent a joint letter to NYC Department of Education Chancellor Meisha Porter requesting that a centralized remote learning option be made available solely for students who are either too young to be vaccinated or have legitimate medical reasons to not be vaccinated, such as those who are undergoing chemotherapy or who have compromised immune systems.

 

The letter calls for a centralized remote learning option, as opposed to tasking individual schools with simultaneously operating in-person and remote classrooms. It also specifies that remote learning should not be offered to families who simply choose to not vaccinate out of personal or philosophical objection.

 

The NYC Department of Education has thus far refused to offer any option for these families, despite the COVID-19 vaccine only being available for people aged twelve and older. There are multiple large public school districts across the United States that are offering some form of online learning, including Los Angeles, Chicago, and Philadelphia, among others.

 

New York City is experiencing a rise in COVID-19 infection rates, now averaging more than 2,000 new cases per day, as the highly infectious delta variant has fully taken hold.

 

Assemblyman Jeffrey Dinowitz said: “I absolutely believe that everyone who is medically able to be vaccinated should do so, and I am not interested in providing alternative options to those who simply are choosing not to get the vaccine. But the reality is that many children are not able to protect themselves from this deadly pandemic because they are too young or have legitimate medical issues. Our city has an obligation to provide a safe public education to these students too, and I believe the appropriate solution here is to offer a centralized remote learning option. I urge Mayor de Blasio and Chancellor Porter to reconsider their current opposition to a remote learning option for our students.”

 

Council Member Eric Dinowitz said: “It is reassuring to know that the Department of Education is taking meaningful steps to facilitate the return to in-person learning. However, students under 12 and children that are unable to receive the vaccine due to medical reasons are not being fully considered in this process. There has been enough time for the DOE to create a centralized remote learning option to accommodate these students. This becomes increasingly urgent as the rise in Delta variant cases accelerates. With all the lessons we’ve learned from the pandemic, we know that Mayor de Blasio and Chancellor Porter can ensure that no child is left out by offering a centralized remote option.”

 

CITY COLLABORATES WITH EY TO PROVIDE WORLD CLASS CONSULTING SERVICES TO BLACK ENTREPRENEURS

 

 Mayor Bill de Blasio, the NYC Department of Small Business Services (SBS) Commissioner Jonnel Doris, and Ernst & Young LLP (EY US), today announced BE NYC Access: Consulting, a new program to connect Black entrepreneurs with world-class technical consulting services and business resources. 

 

Through BE NYC Access: Consulting, up to 500 business owners will receive up to four hours of pro bono consulting and guidance from EY on financial management, accessing capital and understanding and engaging customers. For more information on the program and the application process, visit nyc.gov/BENYCConsulting.

 

“Building a recovery for all of us means giving Black entrepreneurs all the tools they need to grow their businesses and serve their communities,” said Mayor Bill de Blasio. “New York City is proud to marshal free, world-class professional services for the next generation of Black businesses that will keep our city vibrant and move our economy forward.”

 

“Black businesses have flourished in New York City for over centuries,” said J. Phillip Thompson, Deputy Mayor for Strategic Policy Initiatives and Co-Chair of the Racial Inclusion and Equity Taskforce. “BE NYC Access: Consulting will provide critical services and resources, so Black-owned businesses can pivot and thrive from the pandemic.”

 

“Black owned businesses have been fighting to keep their doors open and serve their local communities — and SBS will continue to be a reliable partner for them,” said Jonnel Doris, Commissioner of the New York City Department of Small Business Services. "We are thrilled to work with EY to provide access to a robust professional network and their consulting services. As the City continues to make great strides toward recovery, the program will enable Black entrepreneurs to adjust their businesses to meet the City’s most pressing needs and continue to contribute to our economic recovery."

 

“At BE NYC, our efforts to unlock the potential of Black entrepreneurs are fueled by industry research, the lived experience of the BE NYC community, and our strategic partnerships,” said Kenneth Ebie, Executive Director & Chief Development Officer of Black Entrepreneurs NYC (BE NYC). “We are tremendously grateful for our collaboration with EY, which will help connect Black business owners with guidance of best-in-class business consultants to successfully navigate the challenges and opportunities presented by our City’s economic recovery.”

 

According to BE NYC’s landmark report Advancing Black Entrepreneurship in NYC, less than 40% of Black entrepreneurs reported that they had adequate access to mentors and advisors in operating their business. While Black-owned small businesses are essential to the fabric of New York City, many have historically been left behind due to limited access to capital and bank loans, predatory credit policies, and the lack of banking relationships.

 

In all, EY will provide a total of 2,000 consulting hours. BE NYC Access: Consulting is the fourth program the City has launched since 2020 to support Black-owned businesses and raise the racial wealth gap, after BE NYC: Startup Intensive, BE NYC Mentors and Shop Your City: BE NYC. All business owners operating a business within the five boroughs of New York City are eligible to apply for the program. The program has been tailored to the challenges of Black entrepreneurs and other underrepresented business owners identified in the BE NYC Advancing Black Entrepreneurship report. To apply, visit nyc.gov/BENYCConsulting.

 

“Black entrepreneurs, with their innovation and vision, contribute so much to our city. Yet they too often lack access to the resources needed to thrive,” said Marcus Odedina, EY US Global Client Service Partner. “By teaming with BE NYC, our goal is to support Black entrepreneurs across New York as they scale their businesses and reinvest in their communities.”

 

"An entrepreneur is only as successful as the strength of their networks.  Access to capital - specifically intellectual capital - has hindered Black entrepreneurs in New York City for far too long,” said Wole Coaxum, Founder + CEO, Mobility Capital Finance, Inc and BE NYC Cabinet Member. “This exciting initiative creates a systemic framework for our businesses to compete and thrive in today's challenging environment. BE NYC Access: Consulting reflects a tangible step in the important journey of creating a thriving black business eco-system here in New York City."

 

“Minority-owned businesses across the five boroughs have long faced roadblocks to everyday capital resources and financial networks, and the pandemic only made those inequities and challenges even more clear,” said Valerie White, Executive Director of LISC NYC. “It’s excellent news that as New York City begins to recover and build itself out of this pandemic that crucial funding is being devoted to connecting Black entrepreneurs with the resources that will help these small businesses compete in the 21^st century marketplace. We’re grateful for the leadership of Mayor de Blasio, Commissioner Jonnel Doris, and BE NYC Executive Director Kenneth Ebie in launching BE NYC Access: Consulting, and we’re confident that this investment in New York’s Black entrepreneurs will unlock opportunity and growth for countless small businesses that make up the backbone of our city’s economy.”

 

“I am honored to stand with the City of New York and SBS to envision an economy that works for all businesses. The longevity, success and wealth-building power of black-owned businesses, in particular, require innovative, data-driven solutions and partnerships such as BE NYC Access: Consulting,” said Karilyn Crockett, Professor of Urban Planning, Public Policy and History, MIT. “Bravo to all of our partners and stakeholders for pushing our collective actions beyond transaction and toward transformation.”    

 

“The New York Urban League applauds Small Business Services new program - BE NYC Access: Consulting. As our small businesses work to pivot during challenging economic times, they are facing complex issues about staffing, capital, marketing, safety and technology. Federal and state resources must be navigated and accessed while maintaining day-to-day operations,” said Arva Rice, President and CEO of the New York Urban League. “EY is an excellent partner to provide critical guidance during these changing times. This public-private partnership is a clear example of how corporations can and should give back to make sure NYC has a strong and lasting recovery.

 

Attorney General James Co-Leads Bipartisan Coalition Calling on FDA to Regulate E-Cigarettes and Oral Nicotine Products

 

 New York Attorney General Letitia James today led a coalition of 31 states and territories in urging the U.S. Food and Drug Administration (FDA) to halt the surge of youth nicotine addiction by enacting restrictions on tobacco products that disproportionately harm youth. Specifically, the bipartisan coalition is calling on the FDA to use its regulatory power to eliminate youth-appealing flavors in e-cigarette and oral nicotine products such as pouches, gum, and lozenges, limit their nicotine levels, and restrict marketing for these products. The FDA is responsible for deciding whether to allow nicotine products to stay on the market through Premarket Tobacco Product Applications (PMTAs) filed for each product, and these proposed restrictions would deny approval for any product that would worsen America’s youth nicotine epidemic.

“Flavored nicotine products attract kids to dangerous, habit-forming products that only jeopardize their health,” said Attorney General James. “New York has taken important steps to protect our kids by banning non-tobacco flavored vapor products and limiting the sale of e-cigarettes, but the FDA must also do its part to curb the youth nicotine epidemic. The health and wellbeing of our kids is our top priority and the federal government must act now.”

According to a study published in the National Library of Medicine, e-cigarette use among high school students increased dramatically, from just 1.5 percent in 2011 to 11.7 percent in 2017, and then to 27.5 percent in 2019. Data from 2020 shows that 19.6 percent of high school students have used an e-cigarette in the past 30 days, with 38.9 percent of those reporting e-cigarette use on 20 or more days of the past 30 days, and 22.5 percent reporting daily use. Additionally, oral nicotine products (most notably pouches) are the fastest-growing nicotine category in convenience stores, growing by about 500 percent during the 24 weeks ending on May 30, 2020. It is estimated that 13 percent of individuals between 15-24 years old used oral nicotine products in the past 30 days.

E-cigarettes and oral nicotine products have not received marketing authorization from the FDA, as required by federal law. Companies like JUUL have been vigorously marketing flavored nicotine products, largely free from regulatory supervision, leading to what former U.S. Surgeon General Jerome Adams characterized as a “youth nicotine epidemic.” In their letter to the FDA, the coalition argues that the FDA must address the epidemic by imposing restrictions and age verifications on traditional and digital marketing tactics aimed towards youth.

Additionally, the coalition urges the FDA to limit the amount of nicotine in e-cigarette and oral nicotine products, which are at their highest levels to date. Nicotine has particularly harmful effects on the developing brain, with youth being significantly more likely to become addicted than adults. High youth nicotine consumption is also associated with numerous adverse physical outcomes such as nicotine poisoning and toxicity, as well as mental health and behavioral problems like major depressive disorder, academic problems, and addiction to other substances.

Finally, the coalition argues that banning candy, mint, fruit, and menthol flavors, is essential to eliminating the appeal of the products to youth consumers. More than 80 percent of youth using e-cigarettes choose non-tobacco-flavors. Though the FDA announced that it would prioritize its enforcement against flavored cartridge-based e-cigarettes (except menthol and tobacco flavors), menthol-flavored e-cigarette sales jumped 54.5 percent in market share over the four weeks following the FDA’s April 2020 guidance, and 82.8 percent over eight weeks, indicating its popularity among youth.

The FDA is expected to decide whether e-cigarettes and oral nicotine products should be allowed to remain on the market starting on September 9, 2021. The coalition urges the FDA to deny all PMTAs for products containing high levels of nicotine, and for products containing menthol or other flavors.

Joining Attorney General James in co-leading the letter are the attorneys general of Idaho, Illinois, Nebraska, North Carolina, and Tennessee. Additional states joining the letter include Alaska, Arkansas, California, Colorado, Connecticut, Delaware, the District of Columbia, Guam, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Hampshire, New Jersey, New Mexico, Oregon, Pennsylvania, Puerto Rico, Rhode Island, Utah, Vermont, Washington, and Wisconsin.

This action is the latest in a series of measures Attorney General James has taken to tackle the ongoing youth nicotine epidemic and to protect the health and safety of New Yorkers since taking office.

In April 2019, Attorney General James led a coalition of seven states in urging the Food and Drug Administration (FDA) to take stronger action in addressing the scourge of e-cigarette use among youths by taking proposed measures such as strengthening guidance, beginning enforcement earlier, and banning online sales of e-cigarettes.

In November 2019, Attorney General James filed a lawsuit against the electronic cigarette company JUUL Labs for deceptive and misleading marketing of its e-cigarettes, which contributed to the ongoing youth vaping epidemic in New York state. 

In July 2020, Attorney General James cracked down on three online retailers that were illegally selling e-cigarettes online to consumers in New York, including minors. 

In November 2020, Attorney General James held a roundtable with elected officials, students and parents on the subject of vaping among young people in New York state.

In December 2020, Attorney General James ordered dozens of retailers across the state to immediately stop selling e-cigarette products to underage customers and to stop selling flavored vaping products in violation of New York state law.

Statement from Governor Andrew M. Cuomo on National Aviation Day

 

It gives me great pleasure to recognize today, August 19, as National Aviation Day, continuing a tradition started by President Franklin D. Roosevelt in 1939.

Little more than a century ago, human flight was seen as impossible. Perhaps that'swhy so many innovations in aviation, from the early days of powered flight to landing men on the moon, were achieved here in New York, where we have a long legacy of doing what others said could never be done.

From Buffalo to the Finger Lakes to Long Island, New York has been home to the pioneers of aviation and great advances in aircraft technology. In 1910, Glenn H. Curtiss, "the father of naval aviation," flew the aircraft he built in his hometown of Hammondsport 150 miles from New York City to Albany, shattering records and proving that airplanes could be more than a novelty.

Bessie Coleman, the first African American woman to earn an international pilot's license, made her aerial debut in 1922 over an airfield on Long Island, becoming an international sensation. In 1929, Charles Lindbergh was the first pilot to complete a solo, non-stop flight across the Atlantic from Roosevelt Field on Long Island, thanks to engineers in Sidney, N.Y. who built the magneto that kept his engine firing for more than 7,000 miles.

Helicopter and jet engine technology developed in Buffalo gave rise to new eras of flight. And on Long Island, engineers at Grumman Aerospace designed and built the Lunar Lander that would safely put astronauts on the moon and help to return them home safely.

Today, we are building on our aviation legacy all across New York. From LaGuardia where we are building the nation's first major new airport in 25 years, and at JFK where we are transforming an aging airport into a global gateway that will be the envy of the world, and in every region of the state, we are building modern, 21st century and state-of-the-art airports.  Aviation's roots run deep in New York, and we understand how important our airports are to the economy of every region.

Once again, we are doing what people have said was impossible in order to move New York into the future.

139 Days and Counting - Did the Country Make a Mistake Opening Up on July 4th

 

Here I am back in May when Bronx Borough President Ruben Diaz Jr. and I broke ground for the Bronx Hip Hop Museum. Notice the people behind us, most of whom were not wearing face masks. Did we open the country up to early, and not care about the COVID virus back on July 4th? 

If it was safe back then, why am I worrying now in the middle of August about rising COVID virus indicators? By the time I leave in 139 days who knows how high the indicators will go, as it was the holiday season where the indicators for the virus spiked last year. 

My hallmark is probably going to be, that I will be remembered as the COVID-19 Mayor, and not for all the other things I have done to make this city better.