Friday Morning Brief April 28, 2023

Apr 27

2024 Budget Finally Drawing to a Close as Governor Announces Conceptual Agreement

Budget negotiations between Hochul, Speaker Heastie, and Majority Leader Stewart-Cousins are coming to a close as negotiations on high-profile issues have wrapped up. Almost a month late, Hochul confirmed last night that a conceptual agreement on the 2024 Budget had been reached between her and the leaders of the Legislature.

Under the “conceptual” agreement, the $229 billion Budget includes several policies that Hochul and the leaders of the Legislature have been negotiating over the last month. Notably, the 2024 Budget would eliminate the least restrictive standard, enabling judges more discretion when considering bail for those accused of violent felonies and certain high-level misdemeanor crimes. Lawmakers were initially reluctant to put the removal of the least restrictive standard for fear that the proposal would inevitably put more individuals in jail. With the least restrictive standard removed, Hochul said it would reduce recidivism for severe violent crimes. Of note, Hochul’s proposed discovery reforms were dropped in favor of the status quo.

Another notable point from the conceptual budget deal is the compromise on charter schools; Hochul had pushed for the removal of the regional cap on charter schools in NYC, but the three have landed on an agreement to revive "zombie" charters but keep the cap in place.

Although Hochul’s Housing Compact was confirmed to be removed from the Budget, Hochul iterated her support for building more affordable housing. Blaming lawmakers, Hochul hinted at possible executive actions to implement her Housing proposals. Now with the conceptual agreement being reached, the debate around contentious issues seemed to be resolved, with only minor and technical issues to be resolved. Commenting on her current relationship with the lawmakers, she believes it is “stronger than you can possibly believe.”

For more details on the budget detail, read on. To watch Hochul's press conference on the budget agreement, click here.

EXECUTIVE UPDATES

In anticipation of this year's upcoming summer heat, Hochul announced the availability of $15 million in funding for air conditioning units. The funding would be available through the Home Energy Assistance Program to help provide AC units to vulnerable, low-income households. Eligible households include those with young children, the elderly, and individuals with documented medical conditions. Up to 18,500 households are expected to be served throughout the state, with applications beginning on May 1st.

On Tuesday, Hochul awarded over $5.8 million to addiction support providers across the state to further invest in comprehensive, integrated outpatient treatment programs. Programs receiving this funding will operate both an outpatient treatment program and an opioid treatment program (OTP) at the same site. This funding further supports the state's current fight against drug addiction. "As individuals, families, and communities across the state continue to feel the impact of this crisis, we are working to meet the ongoing need for treatment services and will continue our comprehensive efforts to help ensure no more lives are lost to addiction," said Hochul.

To aid the state's fight against sexual assault crimes, Hochul established a new state facility to store sexual offense evidence collection kits. These sexual offense evidence collection kits have not been released to law enforcement, allowing individuals who have been sexually assaulted to get medical care, consent to forensic evidence collection, and more time if they want to file a police report. Capital Region, Mohawk Valley, and Western New York hospitals are the first to notify survivors that their kits will be transferred and how they can track them, with all other hospitals in the state following months. "This new State facility will be a critical tool to help deliver support and justice while providing a strong foundation for victims to heal and alleviate some of the pressure they may feel when it comes to legal timelines," Hochul said.

Hochul announced the construction of a $3.56 million Clinton Market Collective Project earlier this week. The Clinton Market Collective Project is part of the Albany Downtown Revitalization Initiative, which would strengthen neighborhood connectivity and encourage new small businesses, events, and programming. "This Capital Region project will create better business and job opportunities in the area while supporting a more beautiful and vibrant space. Through the Downtown Revitalization Initiative, New York State will continue to deliver the resources communities need to thrive, flourish and reach their full potential," explained Hochul.

On Wednesday, a new $6 million in grants for environmental justice was announced by Hochul. The new grants are part of the larger Environmental Justice Community Impact Grants, which seeks to help communities with environmental justice challenges address their environmental concerns. The latest and largest grant is to help support the state's current efforts to help communities disproportionately impacted by environmental pollution.

To help address the housing crisis in the state, Hochul announced more than $20.1 million for housing projects in NYC for those experiencing a lack of shelter. This is part of Hochul's bigger $25 billion five-year housing plan to address homelessness. The new initiative would also provide 423 units to formerly shelterless individuals and fund repairs at an emergency shelter in Albany County. "By creating more supportive housing and providing critical funding to repair emergency shelters, we can help individuals who experience homelessness get the assistance they need to stabilize their lives," said Hochul. So far, Hochul has committed more than $77 million to address homelessness across the state.

After a recent ruling from the US Supreme Court on mifepristone on Friday evening, Hochul released a statement iterating her administration's support for safe medical abortion access in the state. The ruling blocked lower court decisions banning or limiting mifepristone, leaving the case to the 5th US Circuit Court of Appeals with the oral arguments scheduled on May 17th. "Under my watch, abortion will always be protected and available in New York, and I will continue to ensure that our state remains a safe harbor for those in need of reproductive health care," said Hochul in her statement. To read the full statement, click here.

LEGISLATIVE/BUDGET UPDATES

Next week, the Legislature is scheduled to be in session Monday - Wednesday

The conceptual budget agreement highlighted some changes from the original proposed Budget. Below are some of the policies included in the $229 billion Budget:

Pay increase for public defenders
$40 million in funding for public defenders and DAs, respectively
Expansion of the child tax credit to include children under 4
Increasing the state's minimum wage to $17 an hour, then indexing it to inflation. In NYC, the minimum wage would increase from $15 to $17 by 2026, with future increases linked to inflation. In all other regions north of Westchester County, wages would increase from $14.20 to $17 an hour by 2028, with future increases also tied to inflation
$1 billion for mental health investment
Prohibits insurance companies from denying mental health services
$30 million in investment for children's services
$100 million investment for primary/preventive care
Additional $500 million investment in hospitals
$100 million investment to protect reproductive rights in the state
$134 million investment in free school meals
Total investment of $34.5 billion in school aid, including $2.6 billion more in Foundation Aid
NYC to pay $165 million per year for the MTA, with the state covering the rest
$1.1 billion in expected funding for the MTA from the increased mobility tax
$65 million for the MTA to help reduce the MTA fare hike
Zero emissions from small buildings by 2025 & zero emissions from large buildings by 2028

More policies will be revealed in the coming days as details are finalized and bill text goes to print.

New Assembly Lines Adopted

With Hochul signing the new Assembly district maps into law earlier this week, the new lines are in effect for the following year’s elections. The new Assembly lines, released by the state’s IRC last Thursday, were approved by Assembly lawmakers on Monday, with 132 members voting yes and 13 voting no. Currently, litigants are attempting to challenge the new lines in court and calling for an appointment of a new special master to redraw the Assembly lines. The new map is similar to the map approved by lawmakers and rejected by the courts last year – 38 districts being the same and another 58 districts almost identical.

Emma Stone in the Capital

In support of Senator Brad Hoylman-Sigal’s bill to stop the harassment of children, Emma Stone visited the Capital – and posed with lawmakers for photos. The bill, introduced last week, seeks to protect children of public officials, celebrities, and influencers by creating a new class A misdemeanor. Under the bill, “striking or shoving a child, or threatening to do so, following or lying in wait of a child, attempting to record a child’schild’s image or voice without express parental consent, or publishing identifying information about the child…willingly and knowingly,” would constitute as child harassment.

Earth Day Legislations Passed the Senate

In support of Earth Day, the Senate passed three bills to limit PFAS chemicals, install EV charging stations in state parking locations, and limit the usage of wastewater from hydrofracking. The bill to limit PFAS chemicals would prohibit the sales and distribution of anti-fogging sprays and wipes that contain perfluoroalkyl and poly-fluoroalkyl substances. PFAS chemicals have been linked to health problems such as kidney cancer, testicular cancer, thyroid disease, congenital disabilities, and fertility complications. The bill requires state-owned and operated parking locations to install and maintain EV charging stations to support the state’s environmental agenda of reducing greenhouse gas emissions. The bill limiting wastewater from hydrofracking would bar the states from using it on the state’s highway for any purpose, such as de-icing and dust suppression.

New Deed Theft Bills Introduced in Senate

Yesterday afternoon, State Attorney General Letitia James joined lawmakers to support legislation that targets deed theft, often from Black and Latino homeowners. The two legislations introduced yesterday would strengthen law enforcement’s ability to provide legal procedures to slow down real estate speculation. One legislation would make deed theft a crime that the AG office could prosecute, changing the current process of getting a referral before prosecuting. Another legislation would provide several legal measures to help defend homeowners who might be a victim of deed theft, including the empowerment of the Homeowner Equity Theft Prevention Act. “This legislation will provide real and necessary changes to our civil and criminal laws to stop the perpetrators of these crimes and provide the protections and remedies needed to keep people in their homes,” said James.

Assemblymember Wallace on the Future of SUNYs & CUNYs

With funding and tuition hikes for SUNYs and CUNYs currently in Budget negotiations, Assemblymember Monica Wallace joined the Capital Pressroom to give her insights on the future of SUNYs and CUNYs. Notably, Wallace shared her thoughts on SUNY removing its SAT and ACT requirement and her proposal to alter the SUNY Board of Trustees. To listen to her remarks, click here.

OTHER UPDATES

Cuomo Sues the New State Ethics Commission

Andrew Cuomo recently filed a lawsuit against the new state Commission on Ethics and Lobbying in Government (COELIG), seeking to dissolve the new commission. This comes after the new commission is pursuing ethics charges against Cuomo. In the suit, Cuomo argues that the new commission “violates foundational separation-of-power principles and the civil department structure…designed to enhance gubernatorial authority and accountability.” COELIG is the second iteration of the state’s ethics commission, with Cuomo-era Joint Commission on Public Ethics (JCOPE) being dissolved last July. JCOPE investigated Cuomo’s $5 million book deal before its dissolution, and the new COELIG voted to continue the book deal investigation. The hearing is set for early June.

Eric Adams Releases 2024 NYC Budget

On Wednesday, Mayor Eric Adams released his $106.7 billion budget for NYC, the largest in NYC’s history. The release of the city’s budget came after Adams ordered 4% budget cuts across almost all of the city’s agencies. Of note, the state funds about 17% of the city’s Budget, and with the state Budget being almost a month late, Adams indicated a future change to his budget after the state Budget negotiations. “We may have to go back…and our Budget [modification] is going to reflect that,” said Adams. Currently, NYC is seeking additional state funding and support for the over 57,000 migrants that sought asylum in the past year, which is expected to spend about $4.3 billion. Notable points in the city’s Budget include:

$16 billion for unionized city workforce
$23.2 million for the voluntary curbside composting program
$27 million for the expansion of the Behavioral Health Emergency Assistance Response Division
$1.8 billion to fund agency expense changes

City lawmakers have until July 1st to reach an agreement on the city’s Budget. To get more information on Adams’ proposed NYC Budget for 2024, click here. To watch Adams' release of the proposed NYC 2024 Budget, click here.

New Commissioner for NYC Buildings

Adams recently appointed James Oddo, the former Staten Island Borough, as the new NYC Department of Buildings commissioner. Currently, Oddo is the Chief of Staff for the Deputy Mayor for Operations, Meera Joshi. Oddo would replace Eric Ulrich, a former City Councilmember, as commissioner after the Manhattan DA questioned Ulrich during an illegal gambling investigation. Currently, Kazimir Vilenchik, the Deputy Commissioner for Buildings, is serving as the acting commissioner.

NYC Facial Recognition Bills Deferred to Next Week

The two NYC biometric facial recognition technology bill set to be debated this week have been deferred to May 3rd. The city’s Committee on Technology, alongside the Committee on Civil and Human Rights, would discuss T2023-3301 and T2023-3300. T2023-3301 would prohibit venues from utilizing biometric recognition technology, while T2023-330 would bar landlords from using facial recognition technology in residential buildings. These bills were introduced in response to MSG Entertainment using facial recognition technology to ban attorneys in active litigation against them.

Bragg & Trump Legal Update

On Wednesday, an appeals court temporarily blocked the congressional GOP from questioning Mark Pomerantz, former Trump prosecutor under Manhattan DA Alvin Bragg. The ruling came after Alvin Bragg sued Representative Jim Jordan, a congressional GOP from Ohio who led the subpoena against Pomerantz after Bragg indicted Donald Trump on 34 felony charges relating to Trump’s 2016 presidential campaign hush-money payments. Additionally, the day before the ruling, Bragg filed with the court to limit Trump’s access to some materials regarding his felony case. Bragg sought to bar Trump from reviewing court materials without his attorneys present and to prohibit Trump from publicizing Bragg’s evidence on social media.

NYC Councilmember Endorses RFK Jr.

Early this week, James Gennaro, a councilmember from Queens, formally endorsed Robert F. Kennedy Jr. for the Democratic presidential nominee. In a Facebook post endorsement, Gennaro noted RFK Jr.’s environmental justice advocacy and their friendship for his endorsement. Although noting their difference in other issues, Gennaro stated that RFK Jr. “has done more for the environment than anyone I know.”

Lee Zeldin Endorses Trump 2024 Campaign

Earlier this week, Lee Zeldin, last year’s GOP candidate for governor and former congressmember, endorsed Donald Trump for President. “The GOP is filled with amazing talent to save our country from the failed policies of the Biden Admin. Our nominee in 2024 will be the 45th & 47th POTUS, Donald Trump. Our economy will be stronger, our streets will be safer, & our lives will be freer. He has my full support,” Zeldin said in his endorsement tweet.

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