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Public Testimony

Alicia de Carmen Caballero supports 48 and rejects 561-A

New York City Council · Oct 20, 2026 · starts 2:28:55 · 2 min 16 sec

Caballero says translating the portal would help her mother and other limited-English-proficiency New Yorkers report pollution. She argues 561-A's 60-day rule and regeneration exemption would create backdoor ways to dismantle enforcement.

Member of the Public - Alicia de Carmen Caballero

Hi there, my name is Alicia de Carmen Caballero and I participate in the program.

Member of the Public - Alicia de Carmen Caballero

I support Intro 48.

Member of the Public - Alicia de Carmen Caballero

Translating the portal would help people like my mom, whose first language is not English, and would expand protection of our air quality to communities that are not being sufficiently covered and protected.

Member of the Public - Alicia de Carmen Caballero

Your ability to protect your community should never depend on the language that you speak.

Member of the Public - Alicia de Carmen Caballero

However, it is shameful that just as we are opening up this program to immigrant communities, Intro 561A would effectively shut it down through the back door.

Member of the Public - Alicia de Carmen Caballero

It would do that in two ways.

Member of the Public - Alicia de Carmen Caballero

The first is the 60-day requirement would force DEP to throw out violations that it can't process in 60 days.

Member of the Public - Alicia de Carmen Caballero

It's currently taking around 12 months to process those violations.

Member of the Public - Alicia de Carmen Caballero

This means that a year's worth of pollution violations would be tossed in the bin, and in effect, no new violations would ever be able to be processed in the future because DEP just currently isn't staffed to meet that kind of timeline.

Member of the Public - Alicia de Carmen Caballero

Polluters would get a free pass, and we would lose our ability to protect our air quality going forward.

Member of the Public - Alicia de Carmen Caballero

Pollution doesn't become less harmful just because...

Member of the Public - Alicia de Carmen Caballero

because the violation sat in somebody's inbox for too long.

Member of the Public - Alicia de Carmen Caballero

Second thing is diesel regeneration exemption would allow idling when a truck is burning off soot.

Member of the Public - Alicia de Carmen Caballero

But there is no way for me or the DEP reviewer to confirm whether that truck was actually doing that.

Member of the Public - Alicia de Carmen Caballero

So the result is that any time an idling truck gets a violation, they can just say, I was doing diesel regeneration.

Member of the Public - Alicia de Carmen Caballero

There'd be no way to disprove it.

Member of the Public - Alicia de Carmen Caballero

So it's a get-out-of-jail-free card.

Member of the Public - Alicia de Carmen Caballero

So again, polluters would get a pass, and we would lose this important mechanism to enforce our clean air laws.

Member of the Public - Alicia de Carmen Caballero

So these are backdoor ways of dismantling enforcement.

Member of the Public - Alicia de Carmen Caballero

One lets the clock excuse pollution.

Member of the Public - Alicia de Carmen Caballero

The other creates a loophole that residents cannot challenge.

Member of the Public - Alicia de Carmen Caballero

Both of my parents were truck drivers, long-haul truck drivers.

Member of the Public - Alicia de Carmen Caballero

They also deserve clean air.

Member of the Public - Alicia de Carmen Caballero

Everybody in this room does, whether you're an environmentalist or from the industry.

Member of the Public - Alicia de Carmen Caballero

So my ask is to...

Member of the Public - Alicia de Carmen Caballero

Please pass Intro 48 and reject Intro 561A.

Member of the Public - Alicia de Carmen Caballero

Wholly, I don't think it's resurrectable.

Member of the Public - Alicia de Carmen Caballero

I think the one thing that needs to change is better staffing for the DEP to get through these violations more quickly.

Member of the Public - Alicia de Carmen Caballero

And please don't invite immigrant communities into this program, only to strip it of its power to protect them.

Member of the Public - Alicia de Carmen Caballero

Thank you.