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Public Testimony

Eric Eisenberg says 561-A is unfixable and the status quo works

New York City Council · Oct 20, 2026 · starts 4:22:16 · 4 min 2 sec

Eisenberg, an attorney, argues 561-A's literal language is the problem and cannot be fixed by statements of intent. He says DEP needs more resources, not a law change, and disputes claims that the program is poorly targeted.

Member of the Public - Eric Eisenberg

Hi, I'm Eric Eisenberg, a local attorney.

Member of the Public - Eric Eisenberg

This is not a hard problem.

Member of the Public - Eric Eisenberg

There is no problem, not a legislative one anyways.

Member of the Public - Eric Eisenberg

And Intro 561A is unresurrectably, unfixably broken, as explained in detail by dozens of local and national organizations.

Member of the Public - Eric Eisenberg

It can't be fixed with off-the-cuff statements of intent.

Member of the Public - Eric Eisenberg

Its literal, unambiguous language is the problem.

Member of the Public - Eric Eisenberg

The status quo is working extremely well.

Member of the Public - Eric Eisenberg

DEP just needs more resources to process complaints and process them quickly.

Member of the Public - Eric Eisenberg

The program generates net revenue for the city.

Member of the Public - Eric Eisenberg

There is no net cost to fund it properly and speed up issuance of summons and notice.

Member of the Public - Eric Eisenberg

We have raised this issue at every environmental budget hearing, yet DEP's idling unit still needs more workers.

Member of the Public - Eric Eisenberg

You can do it today, Chairman Gennaro.

James F. Gennaro

I can't.

Member of the Public - Eric Eisenberg

Again, every time.

James F. Gennaro

I mean, I can't give DEP more staff.

Member of the Public - Eric Eisenberg

You and Mamdani are not going to agree to give them more resources?

James F. Gennaro

I don't talk to Mayor Mamdani, and so, you know, directly.

Member of the Public - Eric Eisenberg

He talks with Donald Trump, so.

James F. Gennaro

Yeah, I'm just saying, you know, we're the legislature, the executive is the executive, and when the executive, you know,

James F. Gennaro

we have the preliminary budget, then we say we need more DEP workers, and then they do the exec budget, and then.

James F. Gennaro

It's very hard to get them to put more personnel in.

James F. Gennaro

And so we try, but at the end of the day, we negotiate and we get what we get.

James F. Gennaro

We control the legislative side, but the executive side and preempting mayoral authority, we just don't have.

James F. Gennaro

And you as an attorney, I'm sure, know that.

Member of the Public - Eric Eisenberg

Well, maybe I'm naive, but I believe in you.

James F. Gennaro

Okay, thank you.

Member of the Public - Eric Eisenberg

The program itself, the Citizen Air Complaint Program, works brilliantly.

Member of the Public - Eric Eisenberg

It is a false narrative propagated by Eric Adams'corrupt administration that the Citizen Complaint Program is not well geographically targeted.

Member of the Public - Eric Eisenberg

We have charts and maps showing an amazing, near-perfect correlation between where the most pollution is and where the most reported violations occur.

Member of the Public - Eric Eisenberg

We will provide this data in our written testimony.

Member of the Public - Eric Eisenberg

As to Mr.

Member of the Public - Eric Eisenberg

Zogby's claim, DEP doesn't issue repeat violations until the prior violations have been adjudicated.

Member of the Public - Eric Eisenberg

Any defaults can be easily reopened.

Member of the Public - Eric Eisenberg

There are claims floating around.

Member of the Public - Eric Eisenberg

that the engine is necessary to run generators and lift gates and refrigeration units.

Member of the Public - Eric Eisenberg

But generators don't use engine power.

Member of the Public - Eric Eisenberg

They create their own power.

Member of the Public - Eric Eisenberg

And actually using the engine to run lift gates and refrigeration units already provides an absolute defense.

Member of the Public - Eric Eisenberg

Certified Clean Idle is not clean.

Member of the Public - Eric Eisenberg

Even in California, you can't run those engines near residential areas.

Member of the Public - Eric Eisenberg

And as a board member of the New York Clean Air Collective, I am proud of the standards that those submitting complaints have held themselves to.

Member of the Public - Eric Eisenberg

Hundreds of thousands of complaints issued, and the current administration did not identify a single instance of misconduct in their paper.

Member of the Public - Eric Eisenberg

There's no problem that needs solving.

Member of the Public - Eric Eisenberg

I think we're in agreement.

James F. Gennaro

I'm going to ask you to, I mean, I know I took up some of your time, but I think I've, okay, finish your thought.

Member of the Public - Eric Eisenberg

I'm on my last paragraph.

James F. Gennaro

Okay.

Member of the Public - Eric Eisenberg

I think we are in agreement that the current 561A is unworkable and its recent amendments have only made it worse.

Member of the Public - Eric Eisenberg

Will you commit that?

Member of the Public - Eric Eisenberg

Should you not do the correct thing and withdraw this harmful bill, that the public get to weigh in on your amendments at a further hearing.

James F. Gennaro

We ask the questions.

James F. Gennaro

I don't answer questions.

James F. Gennaro

I take testimony.

James F. Gennaro

That's it.

Member of the Public - Eric Eisenberg

You ask the questions, you kill the New Yorkers.

Member of the Public - Eric Eisenberg

Thank you.

James F. Gennaro

Yeah, it's like we don't answer questions.

James F. Gennaro

That's no committee council chair would ever do that.

James F. Gennaro

But thank you.

James F. Gennaro

doing this.