Friday Morning Brief June 14, 2024

Jun 13

Written By Michael Avella

Please note that for the summer, the Morning Briefs will be sent out on a bi-weekly basis

Member Spotlight

Charles Lavine

Assemblyman Charles Lavine joined us to discuss his Nassau County-based Assembly district, priorities, and experiences in the Legislature. Prior to being elected, he was a lawyer, dedicating his time to ensuring that the government was more open and efficient in order to better represent his community. As an Assemblymember, his passion for good government led him to become a proponent of campaign finance, ethics, public safety, and taxes. He currently serves as the Chair of the Senate Committee on Judiciary and as a member of various committees, such as on Rules, Codes, and Insurance.

What district do you represent? Can you describe it for those that have never been there and highlight anything of particular interest about your district?
It’s Northeast Nassau County. It runs along Long Island Sound from Roslyn to Laurel Hollow. It’s beautiful. It is a district that represents a combination of traditional suburbs and two urban areas being Westbury and Glen Cove. And while the traditional suburban areas are economically stable, the free or reduced-price lunch (FRPL) rate in Glen Cove is more than 50% and in Westbury is approximately 90%. It is a unique combination of suburban interests and urban interests and the unifying thread between all these separate school districts and communities is a true value and true appreciation of American public education. It is also the location of Theodore Roosevelt’s home, Sagamore Hill, a national treasure and Cold Spring Harbor Laboratory.

What was your profession before becoming a legislator – did it inspire you to run for office?
Lawyer. In the sense that as a lawyer I fought for civil rights for many years and ran for office to fight for the rights of the people of the 13th Assembly District.

What kind of music do you like - any favorite bands/artists?
I like all kinds of music and am a big fan of Ry Cooder and Brandi Carlile

What about sports? Any favorite NY sports team?
I root for all the New York teams which is easy for me to do because I grew up in the Upper Midwest and was a Milwaukee Braves fan and the Milwaukee Braves no longer exist. I remain a Green Bay Packers fan but always root for the home teams.

What’s your favorite food?
I like all kinds of foods.

Do you have any favorite restaurants to eat at in your district?
At least 20.

As the Chair of Assembly Committee on Judiciary, what issues do you see arising this year?
My main concern is passage of the Judicial Protection Act which will shield the addresses and identifying information about judges.

What are the top priorities in your district in particular?
The environment, education, healthcare, and taxes.

What are/is your proudest achievement(s) throughout your career?
I am extremely proud of many pieces of legislation throughout my career. The first that comes to mind is something that has become an integral part of the election process today - my bill to establish early voting rights for eligible New York residents which passed the Assembly and was eventually signed into law. The Marriage Equality Act was very meaningful to me as was stripping corrupt public officials of their pensions and other campaign finance reform and ethics legislation. And finally, a bill to ban the sale and possession of so-called ‘ghost guns’ (Scott J. Biegel Unfinished Receivers Act) which was signed into law by Governor Hochul. I believe we must continue to pass strong and sensible gun legislation to keep our children safe.

Are there any other members that you find yourself working with or enjoy hanging out with in particular?
I have developed great working relationships with several members of the Assembly. While I cannot name them all, a few that come to mind include Mike Benedetto, Donna Lupardo, Angelo Morinello, Mike Norris, Joe Giglio, and Jeff Aubrey,

What advice would you give to young folks wanting to get into politics or run for office?
It’s all about the public good and my advice would be that they dedicate themselves to pursuing the public good even if it means that they may be subject to criticism.

Are there any last comments you want to mention?
I am dedicated to fighting for laws that will make New York an even better place to live and believe that whether in office or not, we must all stand up for the rights of all Americans.

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!

EXECUTIVE UPDATES

Early last week, Hochul announced an agreement with Kaleida Health and Brooks-TLC Health Systems to construct a new hospital in Chautauqua County. The agreement was also reached with hospital leadership, community stakeholders, and organized labor groups. The state will invest $74 million and it is expected to open within three years. The agreement to construct a new hospital builds upon the 2025 Enacted Budget’s $37 billion priority to support the healthcare safety net, reform the healthcare delivery system, and establish the Safety Net Transformation Program. “Every New Yorker deserves to have access to essential health services where and when they need it most, and today’s announcement is a major victory for those living in Chautauqua County and the surrounding community,” Hochul explained.

Last week, Hochul announced the start of construction to rehabilitate 212 apartment units in Ulster County, including site acquisition and preservation of 26 residential buildings. In total, 80 units in Kingston, 60 in Saugerties, and 72 in town of Ulster would be rehabilitated with priority for those at or below 90 percent of the Area Median Income. The rehabilitation builds upon Hochul’s commitment to increasing the housing supply, including extending the 421-a tax incentive, the Housing Compact, and the $25 billion Housing Plan to create or preserve 100,000 housing units. “My administration is working around the state to invest in housing growth that strengthens our communities and makes New York an affordable, safe and healthy place to live,” Hochul explained.

Late last week, Hochul unveiled application guidelines for $11 million in new grant programs to improve the state’s digital infrastructure. The grant programs under the Empire State Development’s ConnectALL Initiative, set to launch on June 17th officially, are the largest digital infrastructure in the state, and the guidelines will help prepare local governments and nonprofit organizations to participate in upcoming statewide broadband deployment and digital equity programs. Guidelines for precertification application, set to launch June 21st, for interested internet service providers to access federal broadband funding, were also released. The guidelines support the implementation of Hochul’s ConnectALL Initiative, which is designed to close the state’s digital divide, transform digital infrastructure, and ensure the availability of high-speed broadband internet.

On Wednesday, Hochul announced the availability of $5 million for long-duration energy storage projects through the state’s Renewable Optimization and Energy Storage Innovation Program. The funding will be available for any approved proposals for projects that support under-utilized long-duration energy storage solutions, devices, software, controls, and other complementary technologies yet commercialized. The proposals must also advance and field test electrical, chemical, mechanical, and thermal to electric long-duration storage solutions that address cost, performance, and renewable integration challenges. The funding builds upon the state’s CLCPA goal of installing 3,000 megawatts of energy storage by 2030 and supports the state’s transition into a renewable green energy economy.

This week, Hochul and Netherlands Minister for Foreign Trade and Development Cooperation Liesje Schreinemacher signed a new agreement for a new semiconductor partnership. The agreement came during a royal visit by Their Majesties King Willem-Alexander and Queen Máxima of the Netherlands. The semiconductor partnership with the Netherlands seeks to enhance joint workforce development opportunities, promote sustainability, and advance research and development. Hochul also announced a new state program to sponsor up to five SUNY students to attend the Eindhoven Semiconductor Summer School program this summer in the Netherlands. “New York and the Netherlands share a belief that the countries that lead the semiconductor renaissance will chart the path forward for the rest of the world,” Hochul explained.

EXECUTIVE UPDATES

Alongside the Mental Health Association in New York State, Hochul highlighted her $1.5 million investments in the Mental Health First Aid training programs. Offered by MHANYS and other organizations, the Mental Health First Aid training programs offer age-specific training to adults or teens to help those facing mental health challenges or substance use disorders. The ongoing investment in Mental Health First Aid training programs builds upon the 2025 Enacted Budget’s priority to invest in youth mental health, such as allocating $2 million to expand peer-to-peer mental wellness efforts among young people across the state. Additionally, Hochul further urges the passage of the SAFE for Kids Act and the Child Data Protection Act to further support youth mental health. “Meeting with advocates and families across the state has only reinforced my commitment to advance legislation to combat addictive social media feeds and protect kids online,” Hochul explained.

On Tuesday, Hochul announced six appointments to the AAPI Commission to celebrate AAPI Heritage Month. Formed in November 2023, the AAPI Commission is tasked with advising and coordinating programs to increase the welfare of the AAPI community in the state. Additionally, Hochul issued a proclamation declaring May as the state’s AAPI Heritage Month. The AAPI Commission and the proclamation build upon previous actions to empower and support the state’s AAPI community, such as enacting a bill to make Lunar New Year and Diwali public school holidays.

On Wednesday, Hochul released the state’s first-ever Youth Workers Bill of Rights. First announced in her 2024 State of the State, the Youth Workers Bill of Rights seeks to ensure labor protections for youth employees throughout the state. Key protections in the Youth Workers Bill of Rights are:

Minimum wage
Safe and discrimination-free workplaces
The ability to file a complaint without fear of retaliation

The Youth Workers Bill of Rights builds upon Hochul’s commitment to addressing last year’s child labor violations that the State Comptroller’s Office reported and the Protect Youth Workers Pledge. “My administration is taking action to ensure that our youngest workers feel empowered, protected, and well-informed, and by fulfilling my State of the State commitment to creating our first-ever Youth Workers Bill of Rights, we are continuing to make strides toward making New York the safest and most worker-friendly state in the nation,” Hochul explained.

Yesterday, Hochul announced the transformation of Syracuse’s Moyer Carriage and Car Factory into a 128-unit, mixed-use affordable housing apartment. The 128-unit apartment would be developed in mind for households earning at or below 60 percent of the area median income, with 50 units with supportive services provided by Catholic Charities of Onondaga County. The 128-unit apartment builds upon Hochul’s commitment to increasing the housing supply, including extending the 421-a tax incentive, the Housing Compact, and the $25 billion Housing Plan to create or preserve 100,000 housing units. “The adaptive reuse of the Moyer Carriage and Car Factory transforms an important relic of this region’s past into new, modern housing in the heart of Syracuse’s North Side that will accommodate a growing workforce for years to come,” Hochul explained.

LEGISLATIVE SESSION WRAP-UP

Barring any special sessions, the Legislature is set to reconvene in January 2025
This year, 805 bills passed both houses of the Legislature
Hochul has 688 bills left to sign or veto between now and the end of the year

With the 2024 Legislative Session adjourned (barring a special/extraordinary session), today's Morning Brief features the 2024 Legislative Session Wrap-Up, highlighting major news and dates that occurred during this session.

Lawmakers Convened in January after A Flurry of Vetos and A Cloud of $4 Billion Budget Deficit

The 2024 Legislative Session began on January 3rd, with Senate Majority Leader Andrea Stewart-Cousins and Speaker Carl Heastie issuing their opening remarks. Notably, lawmakers reconvened after Hochul vetoed several high-profile bills, leading many observers to speculate about Hochul’s relationship with the leaders of the Legislature even though Hochul said it was “fine.” Additionally, lawmakers were under the assumption that the state was facing a roughly $4 billion budget deficit, leading many lawmakers to hold firm against cutting any services and some advocating for higher taxes.

However, when Hochul released her $233 billion Executive Budget proposal after her 2024 State of the State, it was revealed that the state did not have a $4.3 billion budget deficit due to the state collecting $2.2 billion more in taxes than anticipated. Additionally, Hochul detailed her budgetary agenda during her State of the State, explaining that her focus was “on key priorities in our common sense agenda for New York: fighting crime, fixing our mental health system, and protecting New Yorkers’ hard-earned money.” With that, the 2024 Joint Legislative Budget Hearings commenced on January 23rd, with the Budget Hearing on Health and Medicaid being the first.

Budget Talks

The first among myriad issues brought about during the Joint Budget Hearingswere Medicaid reimbursement rates, since last year’s Medicaid reimbursement increase of 7% was insufficient to bridge the existing 30% shortfall between the cost of Medicaid care and funding from the state. Additionally, distressed hospitals, maternal healthcare, and healthcare workforce shortage were also discussed in the first Budget Hearing.

A notable contentious issue during the budget talks was Hochul’s proposal to remove the hold harmless provision in the school aid funding formula. As Blake Washington, Hochul’s Budget Director, explained in January, “As more and more schools fall into the hold harmless bucket, if you have a finite amount of resources in a given year, you have less and fewer resources for schools that are growing and have a higher need.” However, the proposal was quickly rebuked by lawmakers on both sides of the aisle

Some other issues brought up from the Budget Hearings were:

Taxes
Congestion Pricing
Asylum-Seekers Crisis
Legal Cannabis Industry
Public Safety
AIM Funding
421-A Tax Incentive/Affordable Housing
College Tuitions

After the Joint Budget Hearings concluded on Valentine’s Day, the Senate and Assembly released their respective One-House Budget proposals a month later, a week after the state Division of Budget forecasted an additional $1.35 billion in revenue for FY 2025. Most notably, in both One-Houses, lawmakers rejected Hochul’s proposal to remove the Hold Harmless provision in direct rebuke of the governor.

Redistricting Fight Amidst Budget Talks

Amidst all of the budget talks and news, the Independent Redistricting Commission released its new congressional map to the Legislature for approval in late February. However, House Democratic Leader Hakeem Jeffries criticized the new map stating it “ignore(d) or exacerbate(d) them (issues raised by goo-goos) in parts of New York State, including the upper Hudson Valley.” Other Democratic lawmakers, such as Senators James Skoufis and Sean Ryan, and the state Democratic Rural Conference echoed Jeffries’ concern.

With backlash from Democratic lawmakers, the Legislature released and approved their congressional map. Although GOP lawmakers criticized the new map, several, including Assembly GOP Leader Bill Barclay, ultimately voted for the legislature-drawn maps as the edits were not substantial. Democratic lawmakers rejected the IRC’s proposed congressional maps because several counties and communities were split, and the map they approved was "focused on reconnecting communities of interest that were divided in the 2022 map". With the approval of the congressional map, the annual congressional redistricting fights in the Legislature seemed to draw to a close, at least until the end of this decade.

Final Budget Agreement

After a month of budget negotiations between Hochul and the leaders of the Legislature (and an earthquake, solar eclipse, and a Sunday Assembly session), Hochul announced on April 15th that she had reached the “parameters of a conceptual agreement” of a Final Budget with Speaker Heastie and Senate Majority Leader Stewart-Cousins. After Hochul’s announcement (and a cyber-attack on the Legislative Bill Drafting), it took five more days until Saturday, April 20th, for the Budget bills to be enacted. Some of the provisions included in the $237 billion Enacted Budget were:

Sammy’s Law
Expansion of Prenatal Leave
Empire AI
Increased AIM Funding
$2.4 Billion for Asylum-Seekers Crisis in NYC
Extension of 421-a Tax Incentive
New 485-x Tax Incentives
Compromised Version of Good Cause
Increased Penalties for Retail Theft
Extension of Mayoral Control

Notably, the Enacted Budget did not include Hochul’s proposal to remove the Hold Harmless provision from calculating the state formula for school aid. The issue was a sticking point during the budget negotiations, ultimately resulting in Hochul nixing the proposal and instead agreeing with lawmakers to direct a study on how the Foundation Aid formula should be calculated.

Last Month of Session

After Budget talks, lawmakers focused on passing their legislative priorities. For Hochul, her legislative priority was to pass the SAFE for Kids Act and the state’s Child Data Protection Act, which was accomplished during the last week of session. With the advocacy for various legislative priorities, numerous rallies and press conferences were held in the capital, such as for the MENA bill, criminal justice reforms, enhanced protections for survivors of abuse, and the AANHPI curriculum.
Some notable legislative priorities lawmakers advocated for during the last month of the session were:

Packaging Reduction and Recycling Act (passed in the Senate but not in the Assembly)
HEAT Act (passed in the Senate but not in the Assembly)
Climate Change Superfund Act (passed in both chambers)
Coverage for All (passed in the Senate but not in the Assembly)
Grieving Families Act (passed both chambers)
LOADing Act (passed both chambers)
Retail Workers Safety Act (passed both chambers)
Local Input in Community Healthcare Act (passed both chambers)
Medical Aid in Dying (did not pass in both chambers)
“Bigger Better Bottle” bill (did not pass in both chambers)

Of note, various celebrities also visited Albany this year, including Emma Willis, Rosario Dawson, John Carroll Lynch, Samantha Mathis, Tino Martinez, David Tyree, Bartolo Colon, Rick Slick, Nas, and longtime Assemblymember Richard Gottfried.

Legislature Adjourns Without A Plan for MTA Funding

In the middle of the last week of session, Hochul surprised many by making a last-minute announcement pausing the implementation of the Congestion Pricing Program in Manhattan. Originally set to be fully implemented on June 30th, Hochul’s announcement leaves a $15 billion gap in the MTA’s Capital Budget, resulting in criticisms and praises from lawmakers on both sides of the aisle. Hochul’s first proposal to fill the MTA’s $15 billion budget gap by raising MTA payroll mobility taxes resulted in bi-partisan criticism and was quickly rebuked. Lawmakers also rejected Hochul’s second proposal to pass a broad MTA IOU bill.

With the Senate wrapping up their unfinished business and the Assembly sprinting towards the finish line on Friday night, Hochul ultimately held a press conference and explained, “We don’t need to take immediate action,” stating that the MTA funding issue can be resolved “after January” if needed. With Senators leaving Albany on Friday night and Assemblymembers leaving on Monday morning, the issue of MTA funding is up in the air, with many speculating about the possibility of a special or extraordinary session before January.

The legality of pausing congestion pricing is also up in the air as NYC Comptroller Brad Lander announced on Wednesday that he is “exploring all legal avenues, including multiple lawsuits, to resume” congestion pricing. Whether lawmakers will return to Albany before January to fund the MTA with or without congestion pricing remain to be seen.

2024 Primary Updates

The state’s primary elections are on Tuesday, June 25th.
Early voting starts on tomorrow until June 23rd
Last day to register to vote is tomorrow
To look up for your poll site, track your absentee ballot, or register to vote, please click here

16 Incumbents Not Seeking Reelection

This year’s session also featured a string of announcements from various Senators and Assemblymembers that they would not seek re-election. First, on January 8th, former Assembly Labor Chair Latoya Joyner announced her resignation, leading to Assemblymember Landon Dais picking up her Bronx-based seat. Also, former Senator Tim Kennedy left his Erie County-based Senate seat in late May after winning a special election representing the 26th congressional district. Other members who are leaving the Legislature are:

John Mannion (running for Congress)
Senator Neil Breslin
Senator Kevin Thomas
Assemblymember Fried Thiele
Assemblymember Taylor Darling (running for Kevin Thomas’ Senate seat)
Assemblymember Jeffrion Aubry
Assemblymember Daniel O’Donnell
Assemblymember Inez Dickens
Assemblymember Kenneth Zebrowski
Assemblymember Aileen Gunther
Assemblymember Pat Fahy (running for Neil Breslin’s Senate seat)
Assemblymember Marjorie Brynes
Assemblymember Joseph Giglio
Assemblymember Andrew Goodell
Assemblymember Helene Weinstein
Assemblymember Kimberly Jean-Pierre

Rep. Adriano Espaillat Endorses Assembly Challengers

Last week, Representative Adriano Espaillat endorsed two Assembly challengers for the June 25th primaries. Alongside Representative Jerry Nadler, Espaillat endorsed Xaivar Santiago’s challenge for Assemblymember Eddie Gibbs’ East Harlem seat. Additionally, Espaillat is endorsing Leonardo Coello’s challenge for a Bronx Assembly seat held by Assemblymember Landon Dais. Notably, both Dais and Gibbs are supported by Speaker Carl Heastie. Some lawmakers have criticized the endorsements as racial politics and divisive by Espaillat. However, Gibbs remains optimistic, saying, “I’m not worried.”

Mondaire Jones and Hillary Clinton Endorse George Latimer

Last week, Westchester County Executive George Latimer was endorsed by former Representative Mondaire Jones, who is running against Representative Mike Lawler in a competitive race. “George is the clear choice to represent New York’s 16th Congressional District,” Jones explained. This week, former presidential candidate and First Lady Hillary Clinton endorsed Latimer, explaining that Latimer “will protect abortion rights, stand up to the NRA, and fight for President Biden’s agenda—just like he’s always done.” However, critics rebuked Clinton for endorsing Latimer as she endorsed former Representative Elliot Engle in 2022 when Engle was defending his seat against Bowman. However, Bowman has also picked up various notable endorsements this year, such as from Democratic House Leader Hakeem Jeffries, Representatives Alexandria Ocasio-Cortez and Nydia Velázquez, Senator Jamaal Bailey, and various labor unions.

OTHER UPDATES

SCOTUS Upholds Access to Mifepristone

Yesterday, the US Supreme Court unanimously ruled that a group of anti-abortion doctors who questioned the Food and Drug Administration’s decision to allow mifepristone to be easier to access did not have a legal standing to sue. The ruling will allow mifepristone to continue to be widely available as an abortion medication pill. Justice Brett Kavanaugh, who wrote the opinion, explained in the ruling that “the federal courts are the wrong forum for addressing the plaintiffs’ concerns about FDA’s actions” and instead recommends the plaintiffs “present their concerns and objections to the president and FDA in the regulatory process or to Congress and the president in the legislative process.” While Hochul praised the ruling, she explained, “But make no mistake: This case should have never reached the highest court, and our fight is not over.”

NYC Rental Broker Fees Bill Gains Strong Momentum and Opposition

On Wednesday, over 1,000 brokers rallied outside the NYC Council to oppose Councilmember Chi Ossé’s bill that would restrict broker’s fees for tenants. Holding signs of “Agents Are Tenants Too,” many brokers attending the rally explained that the bill would result in higher rents and reduced listing visibility. This year’s push to ban broker’s fees is Ossé’s second attempt, with last year’s attempt ultimately failing to reach the floor for a vote. However, this year’s attempt has seen the bill being one member shy of veto-proof. Ossé explained that his bill would reduce rent costs in NYC by allowing tenants to not pay a mandatory broker’s fees. “If you want a broker, great, hire them. And if you don’t want one, my bill says you don’t have to pay,” Ossé explained.

Hunter Biden Convicted on Felony Gun Charges

On Tuesday, Hunter Biden was found guilty of three felony charges in his gun trial, in which he is accused of violating a federal law that prohibits users of illegal drugs from owning firearms by lying on a Bureau of Alcohol, Tobacco, Firearms and Explosives form when he bought a firearm. With his guilty verdict, he faces a maximum sentence of 25 years in prison and fines of up to $750,000. Hunter Biden’s guilty verdict comes after Donald Trump was convicted of all 34 counts of falsifying business records to hide a hush money payment during the 2016 presidential election on Thursday, making him the first former US President to be convicted of felony crimes.

And finally check out this touching moment from the final days of session as Senator Pete Harckham dedicated the passage of his environmental bill to kind of D&A team member Sophia, Mike Jr’s daughter and all of the young kids out there. Also happy 5th birthday to Sophia this week!

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