Friday Morning Brief April 19, 2024

Apr 18

Written By Michael Avella

Member Spotlight

Scott Bendett

Assemblyman Scott Bendett joined us to discuss his Capital Region-based district, priorities, and experiences in the Assembly. Aside from being a small business owner with more than 25 years of experience, he has dedicated his time to multiple advocacy efforts for Capital Region organizations, including the MDA, Center for Disability Services, Best Buddies, and the Arthritis Foundation. He also served as a Rensselaer County Legislator before being elected to the Assembly in 2022. He is currently a member of various committees, such as on Health, Insurance, Labor, and Small Business.

What district do you represent? Can you describe it for those who have never been there and highlight anything of particular interest about your district?
I represent the 107th Assembly District, which comprises the southern part of Washington County, most of Rensselaer County, the northeast part of Columbia County, and the town of Bethlehem in Albany County. The district is mostly rural and suburban and is home to a large agricultural and small business community as well as many people who work in state government.

What was your profession before becoming a legislator – did it inspire you to run for office?
I am a small businessman at heart. I started my premium cigar business with a cart at the mall right here in Albany almost 30 years ago and built it into one of the largest mail-order outfits in the industry. I still own two cigar stores in the Albany area but have since gotten into real estate projects, most recently having helped to revive the Olde Post Road Golf Club (Formerly Evergreen Country Club) in Castleton.

I got into politics when I was approached to run for the Rensselaer County Legislature in 2017 after years of non-political public advocacy and service. My inspiration to run for office has always been to help advocate for local issues from the position where he could make the most difference.

What kind of music do you like? Do you have any favorite bands/artists?
I love music and listen to it every day—all kinds. Grateful Dead, Country, Reggae, and Classical are my go-to’s.

What about sports? Any favorite NY sports team?
I love all sports, share in Yankees season tickets, and LOVE the Knicks. My wife and I watch as many games as we can.

What’s your favorite food?
I love food, but I love to cook. Cooking is a hobby for me, and I enjoy making dishes from all kinds of cultures and places.

Do you have any favorite restaurants to eat at in your district?
I have loads of really incredible restaurants in my district, and I have made it a habit to try and visit as many as I can. I have no favorites, though AD 107 has a lot of choices!

What are the top priorities in your district in particular?
Stopping outmigration, lowering taxes, and increasing services like paving the roads and improving youth and senior life.

What are/is your proudest achievement(s) throughout your career?
My proudest achievement has been my ability to give back to my community. I have helped raise millions of dollars for local organizations and continue to do so. Being in politics has given me the opportunity to help many people, and I am very grateful for that. I’m also proud of my wife and kids. It is an achievement to stay married for over 30 years!

Are there any other members you find yourself working with or enjoy hanging out with in particular?
There are so many people in the Capital who grew up different from me, so I love hearing about their experiences. I have spent time with numerous members of the Majority from downstate and enjoyed showing them around our Upstate community and sharing with them some issues that are important to us, especially CHIPS funding for our local roads, bridges, and culverts. I have also recently enjoyed meeting our newest member, Landon Dais, who I think will have a bright future.

What advice would you give to young folks wanting to get into politics or run for office?
Do your best.

Are there any last comments you want to mention?
I just want to say that we live in the greatest state in the greatest country in the world. My family came to America a little more than 100 years ago, and my father was the first in his family to graduate from high school. I love where we live, and I really hope that during my time here, I can make it the best it can be.

Are you a public official or staffer that would like to be featured in our spotlight? If so, reach out to your favorite D&A team member or contact us at team@dickinsonavella.com to set up an interview!

Budget Process Nearing the End After Reaching the "Parameters of a Conceptual Agreement"

Of note, the legislature passed 3 Article VII (policy) bills yesterday, including the following:

Public Protection & General Government
Transportation, Economic Development & Environmental Conservation
Revenue.

Still remaining (as of late yesterday afternoon) are the following:

All 5 appropriations bills
Health & Mental Hygiene
Education, Labor & Family Assistance bills.

Yesterday the legislature also passed a one-day budget extender and while it is possible for budget negotiations to wrap ASAP, many believe negotiations will continue through the weekend, with Passover upcoming as a deadline for final passage.

On Monday night, Hochul announced the “parameters of a conceptual agreement” on the Final Budget. The handshake agreement totals $237 billion, which is $4 billion more than Hochul’s proposed Executive Budget in January. Even with the increased spending, Hochul explained that there are no increased taxes due to revenues exceeding previous expectations.

Some of the details from the governor's announcement includes:

On Housing: the 421-a developer tax credit would be extended, as well as including a new 485x tax incentive for affordable housing. Unused office space would be converted into affordable housing while eliminating the 1961 FAR cap to allow buildings up to 12 times the size of their lot. On tenant protections, Hochul explained that the “framework” of “Good Cause Eviction” was included.
On Public Safety: Increased penalties for assaulting retail workers would be included in the Final Budget, with $40.2 million for retail theft enforcement and a $3,000 tax credit for business owners to invest in security resources. Hochul explained that the number of offenses that can be prosecuted as hate crimes would be expanded in the Final Budget, and $35 million would be invested in security grants for houses of worship, religious schools, and other at-risk sites to combat hate crimes. The Final Budget is also expected to allow municipalities to padlock illegal cannabis dispensaries for up to a year.
On Education: Aside from implementing the Back to Basics reading curriculum, Hochul explained that the Foundation Aid formula would not be altered. However, she added, “In the long term, it just doesn’t make sense to keep paying for empty seats in classrooms.” Under the Final Budget, the Rockefeller Institute of Government and the state Department of Education would be directed to study how Foundation Aid funding is calculated and report back “this time next year,” which could include bringing back her previous proposal to remove the “hold harmless” provision.

Although Hochul shared some details on various points of the Final Budget, many lawmakers explained that the negotiations were still ongoing. Senate Finance Chair Liz Krueger explained, “It was a surprise for all of us in the Senate.” Speaker Heastie added, “The negotiations are moving in the right direction, but there are still many issues to discuss with our members.” After the budget negotiations were delayed due to an overnight cyberattack on the Legislative Bill Drafting Commission on Wednesday morning, the Legislature passed an emergency one-day budget extender yesterday.

EXECUTIVE UPDATES

On Monday, Hochul announced the ribbon cutting for the Cambria Hotel Niagara Falls, two blocks from Niagara Falls State Park. Part of the $20 million mixed-used development project, the seven-story 120-room hotel includes three new residential guest houses in the Buffalo Avenue Heritage District. The opening of the Cambria Hotel, coinciding with a planned summer season at State Parks, builds upon Hochul’s commitment to supporting the state’s tourism industry, which has generated more than $78.6 billion in direct spending and $123 billion in total economic impact last year. “With the new Cambria Hotel Niagara Falls now open, this world-class destination takes another step towards elevating the visitor experience and allowing the region to better showcase its natural beauty and all it has to offer,” Hochul explained.

On Tuesday, Hochul announced the availability of $22 million to provide air conditioning units for low-income households. Through the Home Energy Assistance Program, the funding is expected to serve more than 27,000 households. This builds upon last year’s $17 million funding to serve over 21,000 households for air conditioning units. “This program helps at-risk households to stay safe and cool at home during severe heat spells, and I encourage those who may be eligible for this potentially life-saving assistance to apply before the summer arrives,” Hochul explained.

On Wednesday, Hochul announced that the state opened its 100th CAURD brick-and-mortar store. Located in New Paltz, the opening of the dispensary builds upon the state’s commitment to expand the state’s legal cannabis dispensary and comes amidst a reformation of the state Office of Cannabis Dispensary. Currently, there are 110 legal cannabis retailers, including brick-and-mortar stores and temporary delivery-open locations, and more are anticipated to open in the coming months. Initiatives to expand and protect the state’s legal cannabis industry are also expected to be included in the Final Budget. “New York State continues to make progress on standing up a safe and legal cannabis industry for business owners, farmers and residents across the state,” Hochul said.

Yesterday, Hochul announced that the state had been partially approved for the Federal Department of Energy’s Home Electrification and Appliance Rebates Program formula grant funding, allowing the state to be eligible for $158.4 million in federal funding. As a result, eligible owners of one to four-family homes will receive discounts up to 100% of the total project cost for insulation and air sealing, heat pumps for space and water heating, and electrical upgrades. The state is also eligible for $159.3 million for the Home Efficiency Rebates under the federal Home Energy Rebate programs. With the federal funding, Hochul reiterated her commitment to achieve two million climate-friendly homes by 2030 and reach the state’s CLCPA goals of reducing greenhouse gas emissions by 85% by 2050. “New York is setting the pace in the transition to modern, affordable, and efficient homes… we continue the transition to an affordable clean energy future that benefits all New Yorkers,” Hochul explained.

LEGISLATIVE UPDATES

The Legislature is expected to reconvene today (and possibly through the weekend)
Next week, the Legislature is scheduled to not be in session

Maternal Health Equity Agenda

On Monday, lawmakers joined maternal healthcare experts and advocates to launch the Maternal Health Equity Agenda during Black Maternal Health Week. The Maternal Health Equity Agenda includes bills that would aim to address the rising maternal and infant mortality and health disparities for Black mothers and expand access to reproductive healthcare. “Here in New York, we are facing a maternal and infant mortality crisis, and the stakes could not be higher for Black mothers, their infants, and their families,” Senate Chair of Women’s Issues, Lea Webb, explained. Some of the bills in the Maternal Health Equity Agenda include:

Maternal Healthcare and Birthing Standards Workgroup: would require the DOH to convene a workgroup to study and make recommendations for maternal healthcare and birthing standards
Maternal Depression Screenings: would require the DOH and OMH to develop standards for routine maternal depression screenings for new mothers
Prohibit Carcinogenic Substances in Menstrual Products: would prohibit carcinogenic materials in menstrual products
Remote Ultrasounds & Fetal Non-Stress Tests: would provide Medicaid coverage for remote ultrasounds and fetal non-stress test

Republican Lawmakers Criticize Housing Agreement

After Hochul unveiled the tentative budget agreement on housing, Republican lawmakers held a press rally criticizing the agreement for not providing affordable housing in the short term. Although many Republican lawmakers agreed with including a 421-a developer tax credit in the Final Budget, Senator Jack Martins explained, “The tax incentives Democrats have agreed upon to spur housing projects only focus on the future. By the time all these incentives kick in, it will be 5 [or] 10 years down the line.” Additionally, the Senate ranking member on the Housing, Construction, and Community Development Committee, Pam Helming, criticized the lack of consensus on increasing the housing supply in areas outside of NYC and the lack of support for first-time homebuyers. “How does this bring new housing and protect small property owners, especially Upstate?” Helming explained.

Republican Lawmakers Push For More Public Safety and Affordability Measures in the Final Budget

On Tuesday, with budget negotiations ostensibly winding down, Long Island Republican lawmakers called for a series of policies to be included to benefit communities on Long Island. Many Republican lawmakers explained that the priorities in the Budget currently being negotiated would not benefit communities on Long Island and instead urge for stronger policies on public safety and affordability. Some of the policies Long Island Republicans are urging to be included in the Final Budget are:

“Albany politicians are not in tune with the needs of Long Island residents and are completely out-of-touch with the needs of law-abiding, middle-class residents. We are fed up with ‘Albany’s business as usual,’ and we are not going to sit here silent,” explained Senator Anthony Palumbo.

Lawmakers Rally for More Protections for Survivors

In a rally on Tuesday, lawmakers joined advocates and survivors to push for a legislative package that would build on the Child Victims Act and Adult Survivor Act to expand protections for survivors of sexual assault. One of the bills being championed by advocates and lawmakers would extend the state’s rape shield law for civil court and to provide aid to trafficking survivors. Advocates and lawmakers are also urging the passage of a bill that would extend the statute of limitations for certain sex trafficking offenses. “Trauma does not have an expiration date,” explained the Assembly sponsor, Jeffrey Dinowitz. The rally comes as many lawsuits under the Adult Survivors Act face dismissal motions due to the Legislature’s decision not to amend certain statutes regarding notices of claims.

Lawmakers Rally for Mayoral Control

Earlier this week, families and advocates from StudentFirstNY, including Executive Director Crystal McQueen-Taylor, joined lawmakers in a rally supporting the extension of mayoral control of NYC public school systems. The rally comes after the state Education Department released a report on mayoral control and amidst talks of including the extension of mayoral control in the Final Budget, which is set to expire in June. Advocates of mayoral control arguethat centralized leadership of NYC public schools leads to higher test scores, graduation rates, and more student resources. “Mayoral Control has been the policy for over 20 years, replacing a failed decentralized system and leading to successful results,” explained Assemblymember Jenifer Rajkumar. Also in attendance were Assemblymembers Nikki Lucas, Eddie Gibbs and George Alvarez.

Lawmakers Join the Earth Day Advocacy Day

On Earth Day Advocacy Day, lawmakers joined advocates in a rally for a series of environmental and clean energy bills. Advocates and lawmakers argue that more legislative support is needed to support the state achieve its CLCPA goals of reducing greenhouse emissions and transit into a renewable energy economy, “New York has some of the most comprehensive climate action goals in the country, but there is still so much more that we can do together to protect our planet and advance our communities toward a more sustainable future,” Senate Environmental Conservation Chair Pete Harckham explained. Some of the bills lawmakers are rallying for include:

Packaging Reduction and Recycling Act: would require businesses to develop a packaging reduction and recycling plan
Lead Paint Right to Know Act: would require lead-based paint to be disclosed in real estate transactions
Including the HEAT Act in the Final Budget
Fashion Sustainability and Social Accountability Act: would require fashion retailers to publicly disclose their supply chain and address impacts on the environment

PRIMARY & ELECTION UPDATES

Niagara County Legislator Announced His Campaign for Angelo Morinello's Assembly Seat

This week, Jeffrey Elder, a Niagara County Legislator, announced his bid to run for GOP Angelo Morinello’s Assembly seat. A 26-year veteran of the US Air Force, Elder described himself as a “common sense Democrat” and an “independent voice” who believes in “fighting for working families, supporting our police, and defending our democracy and freedoms for all Americans.” As to his reasoning for challenging Morinello as a Democrat, he explains, “We need to rebuild an economy that works for everybody by creating good paying jobs, fighting for fair wages, lowering the costs of healthcare, housing, childcare, and education and lowering the tax burden for our middle-class families.” Elder was also an independent candidate for the mayoral election in Niagara Falls in 2019.

Jeremy Messina to Run for Carrie Woerner's Assembly Seat

Jeremy Messina, a lifelong Washington County resident, announced his candidacy for Democrat Carrie Woerner’s Assembly seat. Messina explained that his background as a small business owner will help him tackle the rising cost of living if elected in November. “As a former restaurant owner, I know exactly the struggle that people go through just trying to start up their own business here in New York. There’s a lot of fees involved, there’s a lot of regulation involved. There’s so many things that just discourage young people from staying here in New York,” Messina said. Although a vocal Trump supporter, Messina explained that he is running as an ”independent” voice and will work across party lines.

OTHER UPDATES

Court of Appeals Hears Argument in State Abortion Case

On Tuesday, the state's highest court began hearing oral arguments in a case challenging the state regulation mandating insurance companies to cover medically necessary abortions. Church groups argued to the Court of Appeals that the regulation violates their religious beliefs and fails to apply evenly across religious organizations. However, the state argues that the mandate is similar to a contraception insurance mandate that the courts upheld and that religious exemptions are provided in the regulation. Although the Legislature codified the requirement of employers to offer health insurance that includes coverage for medically necessary abortions in 2022, many see that the law could lead to being overturned if the regulation is tossed. A decision over the regulation's legality could come in four to eight weeks.

Jury Selection Begin in Trump's Criminal Hush Money Trial

This Monday, jury selection began for Donald Trump’s criminal hush money trial in a Manhattan courtroom. Last year, Trump pleaded not guilty to 34 felony counts of falsifying business records. With more than 50 potential jurors dismissed on the first day and two selected jurors dismissed yesterday, the trial is set to choose a panel of 12 jurors and six alternatives. Currently, only some of the jurors have been sworn in. Aside from the hush money criminal case, Trump faces another criminal trial in Florida for withholding classified documents and a state and federal criminal trials in Georgia for election interference.

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