Resolution calling on the Governor to sign S.9356/A.10414, establishing a 25-year retirement program for members of the NYC employees' retirement system employed as New York City Department of Environmental Protection Police

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Res No. 550 ..Title Resolution calling on the Governor to sign S.9356/A.10414, establishing a 25-year retirement program for members of the NYC employees' retirement system employed as New York City Department of Environmental Protection Police ..Body By Council Member Gennaro Whereas, The New York City (NYC) Department of Environmental Protection water supply police (DEP Police) pension qualifies individuals employed as DEP Police as Civil Service employees, and they are thus members of the New York City Employment Retirement System (NYCERS) general plan, which covers civilian employees for New York City (“NYC” or “City”) agencies; and Whereas, For NYCERS general plan members, normal retirement is based on both credited years of service and age, however NYCERS offers a specialized accelerated retirement plan to law enforcement and peace officer roles, which allows retirement based on years of service only, regardless of age; and Whereas, Titles covered by this specialized plan include corrections officers, uniformed sanitation workers, urban park rangers, school safety agents, campus peace officers, emergency medical technicians, and Taxi and Limousine Commission inspectors; and Whereas, The DEP Police are not included in the specialized plan, despite being uniformed employees and included within the New York State Criminal Procedure Law's definition of “police officers”; and Whereas, To collect their full pension and medical benefits, DEP Police cannot retire until they are 63 years old; and Whereas, DEP Police have full police powers statewide, including the authority to make arrests, carry firearms, and execute search warrants, and are tasked with enforcing environmental laws; and Whereas, DEP Police protect New York City’s 14 wastewater treatment plants and other critical infrastructure for the City’s water and flood control system as well as approximately 200,000 of watershed lands and nineteen reservoirs and lakes across a 2,500-mile jurisdiction spanning NYC and Sullivan, Delaware, Schoharie, Ulster, Orange, Dutchess, Putnam, and Westchester counties; and Whereas, S.9356, introduced by New York State Senator Brian Kavanagh and passed by the State Senate, and companion bill A.10414, introduced by New York State Assemblymember Stacey Pheffer Amato and passed by the State Assembly, would establish the same twenty-five-year retirement program for DEP Police that other uniformed police employees receive; and Whereas, In 2024, the DEP Police formed their own union, the Environmental Police Benevolent Association, to fight for better compensation and pension options in parity with other uniformed police officers; and Whereas, In March 2026, DEP Commissioner Lisa Garcia testified before the New York City Council that it is difficult to recruit and retain DEP Police due to their noncompetitive civilian pension; and Whereas, Many DEP Police transfer to other police departments to take advantage of the specialized accelerated retirement plan, which has resulted in a high attrition rate; and Whereas, Currently, there are only around 200 DEP Police, and this number is expected to shrink as current officers age out and recruitment and retention efforts stall; and Whereas, Understaffing of the department would, in addition to imperiling NYC’s drinking water supply, have significant fiscal impacts for the City; and Whereas, NYC has an Environmental Protection Agency (EPA) Filtration Avoidance Determination (FAD) regulatory wavier which allows the City to pump high-quality unfiltered water drinking water directly to residents without the use of a water filtration plant; and Whereas, NYC is one of only five cities in the nation who have received a FAD waiver, and the City’s waiver, which has been continuously renewed since 1993, is contingent on proving that the City is protecting the watershed at its source; and Whereas, Without the DEP Police, the City would lose its FAD waiver and be required to build a water filtration plant which could cost over $10 billion; and Whereas, Further, since DEP Police pensions are funded by water rate revenue rather than tax levies like other City pensions, reducing overall administrative costs associated with high turnover and poor retention could bring long-term savings to ratepayers; and Whereas, DEP Police are essential to protecting NYC’s water infrastructure, preventing pollution, and responding to environmental emergencies; and Whereas, S.9356/A.10414 would give DEP Police similar retirement benefits as other City uniformed employees, thereby making the department competitive with other police departments and helping to ensure there are enough DEP Police to successfully carry out their critical mission; now, therefore, be it Resolved, That the Council of the City of New York calls on the Governor to sign S.9356/A.10414, establishing a 25-year retirement program for members of the NYC employees' retirement system employed as New York City Department of Environmental Protection Police. LS #23104 7/13/2026 12:11 PM PJR

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