New York City Mayor Eric Adams signed a “Small Business Forward” executive order on Tuesday, Jan. 4, to reform existing business regulations, with the aim of helping local businesses face fewer and what was described as “needless” fines and penalties.

 

The executive order builds upon Local Law 80, and calls on the City’s Department of Buildings (DOB), Department of Environmental Protection (DEP), Department of Sanitation (DSNY), Fire Department (FDNY), Department of Consumer and Worker Protection (CWP), and the Department of Health and Mental Hygiene (DOHMH) to review business regulations with the goal of reducing fine schedules, and allowing for “cure periods” or warnings for first-time violations.

 

Acknowledging that the City’s small businesses have been through “so much” amid the COVID-19 pandemic, Adams said, “The last thing they need to deal with are unnecessary fines. We’re cutting the red tape and bringing real relief to the entrepreneurs who have made their dreams a reality and keep our local economy strong.”

 

Declaring that New York City was “open for business,” deputy mayor for economic and workforce development, Maria Torres-Springer, said of the new order, “Under Mayor Adams’ leadership, we’re going to drive real change that cuts red tape and allows small businesses across the five boroughs to power our economic recovery.”

 

The executive order will require, within three months, each named City agency to identify the 25 violations that are responsible for the greatest number of summonses and fines issued to small businesses, and to submit the following for review:

• recommendations for which violations should be reformed via the following methods: a) elimination b) fine schedules scaled back c) allowance of a “first time warning” and/or d) allowance for a “cure period” for first-time violations;
• if no reform action is recommended for a violation, provide an explanation as to why the status quo should be maintained e.g. serious health or safety risk;
• identify the necessary actions needed for such reform e.g. rule-making, City legislation, State legislation, etc.;
• review and update violation tracking systems, inspection procedures and trainings, and the language on summons tickets in order to ensure each agency is prepared to introduce cure periods and first-time warnings for violations in compliance with this executive order;
• the establishment of an inter-agency working group which includes each enforcement agency, to be chaired by the deputy mayor for economic and workforce development and the Small Business Services (SBS) commissioner, to review agency submissions and oversee the ensuing business regulatory reform process.

 

Incoming SBS commissioner, Kevin D. Kim said the order will ensure New York City is decisive and focused on what municipal government can do right now to help small businesses. “This EO [executive order] makes it clear to every City agency that we, as a city, must work together to reduce unnecessary fines on small businesses for them to thrive.”

 

He added, “Ultimately, this EO will save small businesses millions of dollars and countless hours of dealing with red tape and bureaucracy. By setting a goal of reforming fine schedules and working with businesses who are issued first-time violations, we are implementing smart policy that will help small businesses get back on their feet. Thank you to Mayor Adams for making small businesses a top priority from day one.”

 

In the Bronx, the news was also welcomed by incoming Bronx Borough President Vanessa Gibson, who said, “The COVID-19 pandemic has devastated our small businesses and we must do all that we can to support them as these unprecedented hardships continue.”

 

She added, “Our Bronx small businesses and entrepreneurs, who have been forced to adapt due to the extremely changing landscape created by the COVID-19 pandemic, are an essential component of our borough’s recovery and make up the vibrant culture of The Bronx. I have been a long-time champion for small businesses.”

 

Indeed, Gibson said, during her tenure in the City Council, she had been a prime sponsor of Intro. 2233 which provided small businesses relief from violations including certain sanitation, health transportation, consumer affairs, noise control and building violations. “Protecting vulnerable local job-creators, while preserving employment opportunities for our hard-working residents and providing them with the necessary resources to recover, is more important than ever,” she said. “I applaud Mayor Adams for putting this new Executive Order into action that will give our business owners clarity, and allow them to operate with less fear and look forward to working with this administration in my new role to continue fighting for our businesses.”

 

The move also received the support of both Bronx District 11 and Bronx District 12 city council members, Eric Dinowitz and Kevin Riley. Dinowitz said, “Small businesses are the foundation of a vibrant community. Running a small business in the best of times is already a challenge, and the pandemic required so many of our businesses to make impossible choices and sacrifices.” He added, “The last thing we should do as a city is make it harder for entrepreneurs to thrive. Mayor Adams’ executive order will ensure that our small business will face less confusion and can spend more of their time and money on customers and employees, not on city agencies and bureaucracy.”

 

Riley said owning a small business was a key part of the American dream. “Unnecessary fines placed by enforcement agencies makes it harder for business owners to achieve that dream, strengthening burdens on their businesses to excel while recovering from the global pandemic,” he said. “In order to bring our economy back stronger, it is important that we introduce reforms that aid in supporting these local small businesses, which have long been the backbone of our communities before the COVID-19 pandemic. I commend Mayor Adams for taking this step to address the needs of our small businesses.”

 

Bronx State Sen. Luis Sepúlveda (S.D. 32) echoed the previous comments, when he said, “Since the beginning of the pandemic, my office has worked tirelessly with many small businesses in the Bronx to help mitigate the economic impact that COVID-19 has had on them.” He added, “I applaud Mayor Adams for putting in place measures that benefit our small businesses by working with government agencies to offer the relief they need and the support they deserve. I look forward to working hand in hand with Mayor Adams to continue identifying solutions to aid small businesses, which essentially would create much-needed jobs, generate revenue, and create overall great contributions to our neighborhoods.”

 

Meanwhile, Bronx Assembly Member Chantel Jackson (A.D. 79) said as chair of the State assembly’s subcommittee on micro business, she also supported Adams’ efforts to reform small business violations. “Small business owners in NYC have suffered disproportionately during the pandemic and therefore should not be obstructed by unnecessary red-tape restrictions,” she said. “For the sake of our city’s economic well-being, I look forward to the benefits the Mayor’s Executive Order will bring.”

 

Meanwhile, DSNY, the nation’s largest municipal waste organization, this week, installed 16 “Smart Bins” to collect food scraps in Astoria, Queens, as part of a pilot program, and it is understood that if the program is successful, the smart bins will be installed across the City. Along with a similar pilot program launched by Alliance for Downtown New York in Lower Manhattan, this week, the bins are the first test of an effort to allow round-the-clock drop-off of compostable material.

 

DSNY officials said the agency collects 12,000 tons of trash and recycling each day, and they said up to a third of the waste-stream may be compostable. When sent to a landfill, instead of becoming high-quality reusable soil, this material currently emits methane and contributes to climate change.

 

Edward Grayson, new DSNY commissioner, said whether it’s with the steady roll-out of curbside composting, the addition of more community-based food scrap drop off sites, or with the new Smart Bins, DSNY was committed to getting compostable material out of landfills. “We are excited to see how these new bins perform, and urge everyone who lives or works near one to give them a try,” he said.

 

The new bins will be opened by a key-card by residents who sign up to use them, ensuring that only compostable material is placed inside. A full map of the locations and information on how to sign up can be found at smartcompost.nyc.

 

Both topics were discussed during the first Bronx Community Board 7 Environment & Sanitation committee meeting of 2022, chaired by Betty Arce.

 

Meanwhile, a Bronx Business Townhall will be held on Thursday, Jan. 6, to help small businesses understand new COVID-19 regulations and health data, including how to avoid fines and avail of assistance. Among the sponsors of the event are Jerome Gun Hill Business Improvement District and Bronx Chamber of Commerce.