September 27, 2024

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In the News-New York State

State-Ordered Review Finds CUNY’s Antisemitism and Discrimination Policies Need Overhaul

A “comprehensive review” of CUNY’s antisemitism policies ordered by Governor Kathy Hochul found the need for a “significant overhaul” of the University’s procedures to address current needs.

Governor Hochul tapped Judge Jonathan Lippman to conduct a comprehensive review of CUNY’s antisemitism and antidiscrimination policies last October following a surge in hate and bias incidents in the wake of the Hamas attacks.

“I believe that CUNY’s current policies and procedures for preventing and addressing antisemitism and discrimination need to be significantly overhauled and updated in order to handle the levels of antisemitism and discrimination that exist on CUNY’s campuses today,” Judge Lippman wrote in the letter transmitting the report to the Governor.

“Obstacles don’t define us. Rather, it is the unparalleled courage and character of us that defines us as a people. So my confidence in the future is steeped in our glorious past – in the face of adversity, we always persist. We persevere, we prevail.” Governor Kathy Hochul 2 According to Judge Lippman, the report is the culmination of a more than ten-month process that involved hundreds of interviews of members of the CUNY community, in depth visits to numerous CUNY campuses, and extensive reviews of relevant law and existing CUNY policies and procedures.

“…Hate on campus has surged nationwide over the past year, and we needed a candid review of how best to protect our students,” Governor Hochul explained. “After reviewing Judge Lippman’s report, I have directed CUNY to implement his 13 recommendations, which I believe will make a significant impact in preventing and addressing future incidents. My expectation is that CUNY will enact these recommendations, and they have already taken initial steps to address the Judge’s findings. I encourage every college and university in New York State to review Judge Lippman’s recommendations as a guide to help ensure that their campus community is a welcoming and safe place for people of every faith and background.”

Judge Lippman’s 13 recommendations include:

  • Centralize resources for dealing with discrimination by creating a University-wide center to address antisemitism and other forms of hate and instituting an internal antisemitism and hate monitor.
  • Overhaul CUNY’s university-wide discrimination and retaliation reporting portal to better support individuals lodging complaints of antisemitism and discrimination.
  • Help victims of antisemitism and discrimination navigate the investigative process and identify available resources by establishing a centralized Victim’s Advocate program.
  • Coordinate with law enforcement and security experts to establish standardized safety protocols to help protect everyone and ensure all individuals feel safe on CUNY campuses.
  • Provide guidance and training for campus chief diversity officers and others who are responsible for investigating antisemitism and discrimination allegations and implement a system of investigation oversight.
  • Use the principles of the International Holocaust Remembrance Alliance (IHRA) definition of antisemitism as a guide to help determine what may constitute antisemitism, in line with Governor Hochul’s 2022 proclamation identifying the IHRA definition as a valuable tool.
  • Ensure all those at CUNY, including campus leadership and chief diversity officers, use the law as a guide when handling incidents of antisemitism on campus, regardless of personal views of what constitutes antisemitism.
  • Update current policies and procedures to ensure they provide uniform and clear guidance to address modern incidents of antisemitism and other forms of hate, including the use of social media; train students, faculty and staff on these policies; and consistently review and update these policies in the future to ensure they do not become out of date.
  • Consistently hold students and faculty accountable for conduct violating CUNY’s policies and procedures through instituting new clear protocols.
  • Draft and adopt a Comprehensive Policy on Freedom of Speech and Expressive Conduct, including clear rules for time, place and manner of expressive conduct on campuses, consistent with the First Amendment.
  • Encourage leadership to lead by example and speak out forcefully against antisemitism and any form of hate, even when it may not directly violate the law or CUNY’s policies.
  • Increase efforts to train and recruit faculty and staff who consistently encourage and promote inclusivity, constructive dialogue and tolerance.
  • Promote dialogue among people holding different viewpoints and create additional joint programming 

In the News-New York City

Mayor Adams Announces Appointment of Melissa Aviles-Ramos as Next Chancellor of New York City Public Schools System

New York City Mayor Eric Adams this week announced Melissa Aviles-Ramos, a veteran of New York City Public Schools, as the new public schools’ chancellor, effective January 1, 2025, after Chancellor David C. Banks’ retirement.

According to the Mayor, Aviles-Ramos is the highest-ranking Latina and Spanish-speaking leader in New York City Public Schools, and currently serves as deputy chancellor for family and community engagement and external affairs. She started her career as an English teacher at Truman High School in 2007 before moving on to become the principal at Schuylerville Preparatory High School. Aviles-Ramos also served as deputy superintendent, acting superintendent, and education administrator. Her efforts have included creating advisory councils and launching community-based projects.

At DOE, she served as a senior executive director of program implementation in the Office of the First Deputy Chancellor before transitioning to chief of staff to Chancellor Banks, then ascending to her current role of deputy chancellor of family and community engagement and external affairs. AvilesRamos holds a Bachelor of Arts degree from Fordham University, and a Master of Arts degree from CUNY City College.

“Becoming the chancellor for nation’s largest school district is the ultimate job for a lifelong educator,” said incoming Public Schools Chancellor Aviles-Ramos. “As a former teacher and a mom of a public-school student, I believe strongly in our work and in maintaining stability through this transition. Under my leadership, we will continue to strengthen our supports for students with disabilities and multilingual learners, improve our city’s literacy and math proficiency rates, help our older students forge pathways to a bright future, and keep our schools safe.”

NYC Comptroller Lander: Outdoor Workers Need Protections from Heat Amid Climate Change

New York City Comptroller Brad Lander this week released “Safeguarding Outdoor Workers in a Changing Climate,” a report that highlights the need for stronger protections for outdoor workers facing the growing risks of climate change, especially extreme heat. The report comes at a time when extreme weather events—such as intense heat waves and deteriorating air quality due to wildfire smoke—have become more frequent, placing outdoor workers at heightened risk.

“This summer was the hottest ever on earth, breaking last year’s record, and sadly next year will probably be hotter still—our outdoor workers are on the front lines of these increasingly dangerous conditions,” said New York City Comptroller Brad Lander. “With rising temperatures and worsening air quality, it’s essential for New York City to have stronger regulations in place to protect workers from the deadly risks of extreme heat.”

The report finds that 1.4 million workers, or a third of New York City’s workforce, work outdoors for prolonged periods of time. The report provides an analysis of the occupational health impacts associated with extreme weather for workers in sectors like construction, transportation, and street vending. According to the Comptroller, these workers are disproportionately composed of non-citizen immigrants and Hispanic/Latino or Black individuals. Additionally, the report finds that the more outdoor exposure a job entails, the lower the wages, with an annual income decrease of $700 for every one percent increase in outdoor worker concentration.

Comptroller Lander cited that forecasts also indicate a potentially active wildfire season this year, which may mean more air quality emergencies in New York City. New York City experienced its first air quality emergency in June 2023, triggered by smoke from Canadian wildfires, which pushed the air quality index to hazardous levels. Poor air quality from wildfire smoke can lead to serious health issues, including cardiovascular problems, respiratory illnesses, and eye irritations. The need for effective guidelines became evident again in June 2024 when high ozone levels caused by fossil fuel emissions prompted an air quality alert.

To address the growing threats of climate change thoroughly and sustainably, the report divides its recommendations into proposed employer requirements and public health initiatives. The proposed employer requirements build on existing proposed state legislation, such as the Temperature Extreme Mitigation Program (TEMP) Act, which is designed to protect workers in industries with high exposure to extreme temperatures by mandating essential safety measures. Additionally, the recommendations build on legislative actions aimed at significantly improving protections for outdoor workers across New York City.

“As a legislator, I have a responsibility to make sure our laws keep pace with our reality. Essential workers are at the frontline of the climate crisis, and with an unchecked Supreme Court chipping away at federal agencies’ ability to protect workers, states need to step up,” said State Senator Jessica Ramos, Chair of the Senate Labor Committee. “I am dead set on passing TEMP, and I thank the Comptroller for providing me with the data to take back to Albany to help make my case.”

Recommendations for Employer Requirements:

  • Pass the Temperature Extreme Mitigation Program (TEMP) Act: Sponsored by New York State Senator Jessica Ramos and Assemblymember Harry Bronson, this legislation would mandate that employers provide essential protections against extreme heat, including water, shade, and rest breaks.
  • Expand Outdoor Heat Standards: The City must extend heat protections to all outdoor workers in New York City.
  • Set Labor Standards for Unsafe Air Quality: The City must set new labor standards for unsafe air quality. This legislation will require employers to develop air quality illness prevention plans, ensuring access to safe air, personal protective equipment (PPE), and reduced strenuous activities during air quality emergencies.

The public health initiatives focus on broader efforts to support outdoor workers, including improved access to public facilities, emergency health protocols during extreme weather, and outreach programs to educate workers on safety measures.

Recommendations for Public Health Initiatives:

  • Collect and Publicly Report Data: The City should collect and report data on the occupational impacts of extreme weather to better understand and mitigate these risks.
  • Develop Emergency Protocols: Protocols should be established to protect outdoor workers during extreme weather events, ensuring their health and safety.
  • Expand Public Bathroom Access: Increased access to public bathrooms is essential, particularly in areas with high concentrations of outdoor workers.
  • Reform the City Street Vending Code: Allow merchandise vendors to use shade structures to protect themselves from extreme heat.
  • Establish a City PPE Distribution Program: In the event of air quality emergencies, the City should distribute PPE to outdoor workers with non-standard employment arrangements.
  • Proactive Outreach and Education: A citywide outreach program should be developed to educate outdoor workers on how to stay safe during extreme weather conditions.

“As temperatures soared this summer, outdoor workers were forced to work in extreme heat to provide essential services and support to New York City. As NYC Comptroller Lander’s report illustrates, our workers are facing severe dangers in this climate and must have access to protective equipment, hydration, shelter and more to keep them safe,” said Assemblymember Harry Bronson, Assembly Chair of Labor. “It’s time to pass the TEMP Act, which I sponsor in the NYS Assembly, to ensure conditions that protect our workers from the dangerous effects of extreme heat while on the job.

Bills Passed by the Council

Introduction 346-A, sponsored by Council Member Mercedes Narcisse, Permits pedestrians to legally cross a roadway at any point, including outside of a marked or unmarked crosswalk, and allow for crossing against traffic signals.

Introduction 353-A, sponsored by Council Member Sandy Nurse, would require the Department of Citywide Administrative Services (DCAS) to install at least 150 megawatts of solar photovoltaic (PV) systems on city-owned property by December 31, 2035.

Introduction 651-A, sponsored by Council Member Kevin C. Riley, Requires the Commissioner of Health and Mental Hygiene to create informational materials that identify the effects of pregnancy loss on mental health and refer mental health resources available to individuals who have experienced pregnancy loss.

Introduction 736-A, sponsored by Council Member Shaun Abreu, Require the Department of Health and Mental Hygiene (DOHMH), in consultation with the Department of Sanitation (DSNY) and an expert in rodent control, to establish a pilot program to deploy rat contraceptives for a period of at least 12 months.

Introduction 869-A, sponsored by Council Member Jennifer Gutiérrez, Requires the Mayor’s Office of Community Mental Health to conduct an education campaign to raise awareness about resources available addressing mental health challenges faced by parents, including perinatal mood disorders.

Introduction 890-A, sponsored by Council Member Linda Lee, Requires the Commissioner of the Department of Health and Mental Hygiene to implement a three-year pilot program to establish postpartum support groups focused on the mental health of postpartum individuals.

Briefs

Governor Signs Legislation to Promote Transparency and Accountability in Public Utility Rate Changes

Governor Kathy Hochul this week signed two bills to provide rate payers with more information regarding rate increase requests and to hold public utilities accountable for misinformation in rate proceedings.

Chapter 33 of the Laws of 2024 requires the Public Service Commission to publish certain information prior to a major rate change by a public gas or electric utility, including an explanation of why the rate change is requested and a summary of how the proposed revenue will be spent. The bill was sponsored by Senator Leroy Comrie and AM Didi Barrett.

Chapter 34 of the Laws of 2024 establishes civil penalties for making false material statements to the Public Service Commission in relation to a rate proceeding. The penalty will be up to $250,000 for any utility corporation and its officers, agents or employees that knowingly make a false material statement, representation or certification to the Public Service Commission in any rate proceeding. The bill was sponsored by Senator James Skoufis and AM Simcha Eichenstein.

State Sees 28% Decline in Shootings in Communities Across NY

Governor Kathy Hochul this week announced that shooting incidents with injury declined 28 percent through August 2024 compared to the same eight-month period last year, as reported by police departments participating in New York State’s Gun Involved Violence Elimination (GIVE) initiative.

The 28 percent decline reflects 417 shooting incidents with injury from January 1 through August 31, 2024, compared to 578 incidents from January 1 through August 31, 2023. New York State’s GIVE initiative supports 28 police departments in 21 counties with the majority of the state’s population outside New York City.

The following police departments reported declines in shootings through August 2024 compared to the same seven-month period last year:

  • Nassau County: 40 percent decline
  • Rochester: 39 percent decline
  • Suffolk County: 39 percent decline
  • Syracuse: 26 percent decline
  • Utica: 47 percent decline
  • Yonkers: 56 percent decline

In addition to the decreases in gun violence experienced in GIVE communities, the New York City Police Department reported 12 percent (602 vs. 682) decline in shootings in New York City through August 2024 compared to the same time last year.

Governor Hochul Announces $80 Million Available to Support Nonprofit Arts and Cultural Organizations Across New York State

Governor Kathy Hochul this week announced up to $80 million in capital funding available to nonprofit arts and cultural organizations through the New York State Council on the Arts (NYSCA) Capital Projects Fund.

NYSCA’s Capital Projects Fund will support arts and cultural nonprofits seeking State funding for investments in capital improvements that allow organizations to sustain and expand cultural programming for diverse audiences, promote accessibility and environmental sustainability, preserve and create jobs, and ultimately contribute to the growth of New York’s dynamic arts and tourism sectors.

The three opportunities are:

  • Small and Midsized Capital Improvement Grants for Arts and Culture: This opportunity funds projects initiated by nonprofit arts and cultural organizations of any size, with grants of up to $2 million that prioritize accessibility, artistry, cultural development, sustainability, health and safety, and structural and historical improvements. No-match grants of $10,000-$25,000 and $50,000-$99,000 are available for organizations with operating budgets under $2 million. Strong projects combine excellence in design with informed decisions about organizational capacity and community needs that will positively affect the future of arts and cultural organizations across New York.
  • Large Capital Improvement Grants for Arts and Culture: This opportunity will support arts and cultural nonprofits across the state that are undertaking impactful, large-scale capital improvements. Grants will range from $2 million to $10 million for projects that have a total cost of $4 million or more. This funding will support investments that allow organizations to thrive by expanding cultural programming, reaching new and diverse audiences, and promoting accessibility. These grants will also help advance the State’s goals around economic development, diversity, equity and inclusion, and will require all applicants to commit to social equity initiatives and access plans that serve all New Yorkers.
  • Capital Design Grants for Arts and Culture: This new opportunity will support the development of mid-stage and advanced design documents for arts and cultural nonprofits with operating budgets of $10 million or less across the state that are planning eligible capital improvements and are currently in the early stages of design. Grants will range from $50,000- $500,000, for a maximum of 50 percent of the design phase’s total cost. No-match grants of $50,000 to $99,000 will also be available for organizations with budgets under $2 million.

The application portal and guidelines for these opportunities are now open, and can be accessed on NYSCA’s website, arts.ny.gov. The deadline to submit completed applications is January 14, 2025.

Adams Administration Celebrates City Planning Commission’s Approval of City of Yes for Housing Opportunity Proposal 

New York City Mayor Eric Adams and New York City Department of City Planning (DCP) Director and City Planning Commission (CPC) Chair Dan Garodnick this week celebrated the CPC’s vote to approve  City of Yes for Housing Opportunity, a zoning proposal to enable the creation of a “little more housing in every neighborhood.”

The proposal would allow for the creation of up to 108,850 new homes over the next 15 years. City of Yes for Housing Opportunity will head to the New York City Council for a hearing and final vote before the end of the year.

“With a 1.4 percent vacancy rate and the rent being too damn high, families are getting priced out,” Mayor Adams said. “The only way to solve this crisis is to build more. Now, it is time for the City Council to meet the moment.”

Mayor Adams Launches New Program to Help Affordable Housing Projects go Green, Save Green

New York City Mayor Eric Adams this week announced a new fund, the GreenHOUSE Fund, to help building owners comply with Local Law 97 while directing resources to help rent-regulated apartment buildings and low-income co-ops afford emissions reduction projects.

Local Law 97 sets emissions limits for large buildings in New York City and allows those buildings to purchase offset certificates for 10 percent of those limits.

The GreenHOUSE fund will be created through a rule to be proposed by the New York City Department of Buildings (DOB). It will take the proceeds from those offset purchases and direct them towards decarbonizing and electrifying affordable housing developments.

“The creation of the GreenHOUSE Fund in our latest proposed rule provides needed support for building owners as they work towards compliance with their emissions limits,” said DOB Commissioner Jimmy Oddo. “By working across agencies, this innovative program will help reduce carbon emissions from our city, while simultaneously upgrading building systems in our affordable housing stock.”

Additionally, Mayor Adams has called on the New York City Council to enact the J-51 housing quality tax incentive program–enacted this year by the State–and to allow buildings to use it to cover Local Law 97 compliance costs.

NYS Fall Foliage Report 

Beautiful near-peak fall foliage will be arriving in many parts of the Adirondacks this weekend, with most other parts of the region at midpoint of change. Foliage in most of The Catskills will be at midpoint of change, while leaves in other regions will still be in the early stages of transition. This is according to the field reports from more than 85 volunteer observers for the Empire State Development Division of Tourism’s I LOVE NY program

Judge Denies Governor Hochul’s Motion to Dismiss Congestion Pricing Lawsuits

A Manhattan judge today ruled that two lawsuits seeking to reinstate New York’s Central Business Tolling District Program may proceed in court. New York Supreme Court Justice Arthur Engoron denied Governor Kathy Hochul’s motion to dismiss the lawsuits filed earlier this year.

The first lawsuit, City Club of New York et al v. Hochul, challenges Governor Hochul’s authority to block implementation of the 2019 MTA Reform and Traffic Mobility Act. The second lawsuit, Riders Alliance v. Hochul, asserts that that Governor Hochul’s decision violates the state constitutional right to clean air and a healthy environment that was added to the state constitution in 2021.

According to published reports, Judge Engoron indicated he would issue a “much longer decision later” with more details. Governor Kathy Hochul “paused” implementation of congestion pricing in June, citing concern regarding the financial impact on New Yorkers. The tolls were projected to bring $1 billion to the Metropolitan Transportation Authority 

Coming Up

New York State 

There are no scheduled legislative meetings for the week of September 16th through the 20th at the time of this publication 

New York City 

Monday, September 30th 

Committee on Education, Council Chambers – City Hall, 10 a.m 

Committee on Contracts, Council Chambers – City Hall, 10 a.m. Committee on Technology, Committee Room – City Hall, 1 p.m.

Committee on Housing and Buildings, Council Chambers – City Hall, 1 p.m.

Tuesday, October 1st 

Subcommittee on Landmarks, Public Sitings and Dispositions, 250 Broadway – Committee Room, 16th Floor, 11 a.m.

Subcommittee on Zoning and Franchises, 250 Broadway – Committee, 16th Floor, 12:30 p.m.


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