Friday Morning Brief June 16, 2023

Jun 15

2023 Session Continues for the Assembly

While the 2023 legislative session has technically concluded, the Assembly is scheduled to be in session on Tuesday and Wednesday to take up "unfinishd business." Although the Senate has adjourned until January (barring a special session), the Assembly was not able to finish debate on all of their bills last week due to long debates in the final days of session. While there is already a calendar of over 100 bills that may be taken up, staff are still working out the agenda for next week.

The Legislature passed the Clean Slate Act last Friday night, which would automatically seal criminal records for people who do not get incarcerated after a period of time. Excluding most Class A felonies and sex crimes, those with misdemeanor convictions would have their records sealed after three years, and those with felonies would have their records sealed after eight years. The bill was designed to reduce recidivism and help those with criminal convictions easily reintegrate into society. Clean Slate “is not about criminal justice only. It isn’t just about public safety. It isn’t just about economic justice. It isn’t just about equity and fairness,” explained Catalina Cruz, the Assembly’s bill sponsor. A coalition of advocates and business and labor leaders supported Clean Slate, although a handful of Democratic members voted no with the Republicans.

In addition to Clean Slate, lawmakers passed campaign finance reform, a reparation study and election reforms, which you can read about below.

The last two session days for the Assembly comes over a week after Senate Majority Leader and Speaker Heastie claimed to have successfully come together on a housing package that included tenants’ rights and extension of 421-A – a tax credit for developers – but said that they were not able to come to an agreement with the governor. Hochul’s spokesperson, however, iterated Hochul’s commitment to addressing the affordable housing crisis and explained that the “Assembly and the Senate are blaming the Governor for their own failure to act…The Governor will continue fighting to address our housing crisis, including Executive Action in the weeks ahead.”

EXECUTIVE UPDATES

Last Sunday, Hochul joined the 66th National Puerto Rican Day in Manhattan, participating in its parade to honor the importance of Puerto Ricans in the state. Additionally, she publicly announced a $20 million investment in CENTRO, the Center for Puerto Rican Studies at the City University of New York, which will be used to expand the library and archives at CENTRO. CENTRO is currently the largest university-based research institute, library, and archive dedicated to the Puerto Rican experience in the United States. Hochul was also joined by various city lawmakers and Senator Chuck Schumer.

Last Friday, Hochul met the White House Chief of Staff, Jeff Zients, to lobby for additional resources and aid for the ongoing asylum-seekers crisis in the state. This comes after tens of thousands of asylum-seekers continue to arrive in the state and NYC, and FEMA approval of over $100 million in aid. Additionally, Hochul continued to urge President Biden to expedite federal work authorization for the asylum-seekers. “I stressed the need for federal action to expedite asylum applications and work authorization requests for individuals to allow them to quickly integrate into our economy and our society,” explained Hochul.

In the Real Estate Chamber Leaders and Markets Conference, Hochul reiterated her support for addressing the affordable housing crisis in the state and the necessity of her Housing Compact, which was nixed from the negotiated 2024 Budget. “We simply did not build enough housing. Supply and demand, real simple, prices go up, we all know about the prices going up when the supply is down,” explained Hochul. This comes after the leaders of the Legislature claimed that Hochul did not agree to their housing deal on Thursday. “Work with us. Help us find the messaging to get to the legislators and to the communities, to let them understand we have to start building,” Hochul told the crowd at the conference.

On Tuesday, Hochul announced the expansion of the state’s initiative to offer twelve weeks of fully funded paid parental leave for more than 150,000 state workers. This comes with a labor agreement with the Civil Service Employees Association and a pending deal with the Public Employees Federation. The recent expansion of fully funded paid parental leave for state workers builds on her expansion to 10,000 unrepresented state workers earlier this year and the 2024 Budget priority to expand the state’s paid parental and family leave benefits to address the gender wage gap.

Hochul announced the availability of $5 million per project to reduce on-site fossil fuel consumption and increase renewable electrification on Tuesday. The funding will come from the new $10 million Commercial and Industrial Accelerated Efficiency Program, which will assist large energy-intensive entities. The new funding will be eligible for key manufacturing industries and commercial campus settings such as:

Paper
Petroleum
College and university campuses
Healthcare facility campuses

This will help build upon the state’s CLCPA’s goal to reduce Greenhouse Gas Emissions by 85% by 2050 and transition into a green economy. “Through this new initiative, we are providing the commercial and industrial sectors of New York’s economy with critical incentives to implement projects that reduce their carbon footprint and help meet our ambitious climate goals,” Hochul explained. To learn more about the requirements, please click here.

After her Youth Listening Tour, Hochul released a report on addressing the youth mental health crisis in the state’s first Summit on Youth Mental Health yesterday. The report highlights the finding of the Youth Listening Tour and recommends various policies and initiatives to address the youth mental health crisis adequately. Some of the findings highlighted by the report were:

The impact of the pandemic varied among youth and over time.
Youth keenly understand the benefits and risks of social media and potential strategies to support healthy use.
Importance of confidentiality
Importance of accountability for other students, teachers, and school policies.

The report recommends better investment in community-based resources, youth-vetted training on navigating social media, and increased investment in affordable mental health resources. The listening tour and report come after the CDC found negative mental health trends and negative influences from social media in its Youth Risk Behavior Survey.

On Wednesday, Hochul announced eleven new appointments and four reappointments to the state Court of Claims, including Seth Marnin, the first openly transgender appointee. “With diverse perspectives and extensive expertise, I'm confident that each appointee will bring honor and integrity to New York State's judiciary," said Hochul. This comes as Hochul participated in the investiture of Judge Caitlin Halligan in the Court of Appeals. The 11 appointments are:

Raymond Fernandez
Aletha Fields
David Fried
Mario Giaccobbe
Brian Haak
Seth Marnin
Nicole McGregor Mundy
Scott Ordorisi
Kim Parker
Ruth Shillingford
Ellen Tobin

The four reappointments are:

Maureen Heitner
Timothy Lewis
Anar Patel
Michael Siragusa

Yesterday, Hochul announced that the state had reached a labor agreement with the state’s Public Employees Federation (PEF) and the United University Professions (UUP). The labor agreement with the PEF will cover more than 51,000 state employees, while the labor agreement with the UUP will cover more than 37,000 SUNY’s faculty and professional staff. Both labor agreements include salary increases, location pay increases, and health benefits changes. “Through these agreements, my administration is standing by its commitment to investing in New York’s public workforce and continuing to work hand-in-hand with our brothers and sisters in labor,” explained Hochul.

Hochul publicly announced the launch of the interagency initiative against unlicensed cannabis businesses in NYC. Enforcement officers from the state Office of Cannabis Management and Department of Taxation and Finance will conduct inspections and issue Notices of Violation and Orders to Cease Unlicensed Activity. This is in support of the 2024 Budget that empowers state agencies to tackle illegal cannabis sales and build on the expansion of enforcement powers of the Office of Cannabis Management. “These enforcement actions are critical steps to protect and help those individuals who were promised a shot to start a legal business and be successful. Additionally, these unlicensed operators undermine the State’s efforts to generate substantial funds for a social equity fund that will go into the communities that have been hardest hit by over-prosecution of the cannabis laws in the past,” explained Hochul.

This week, Hochul nominated sixteen historical sites throughout the state to the State and National Registers of Historic Places. The nomination includes Puerto Rican Casitas in the Bronx, the Alpine in the Catskill Mountains, and Fairview Manor in Claverack. To learn more about the full list of nominations, please click here.

LEGISLATIVE UPDATES

The Assembly is scheduled to be in session on Tuesday and Wednesday

Legislature Votes To Create Reparations Commission

Lawmakers passed a bill after hours of debates in both chambers to create a commission that would broadly study the impact of slavery on the existing racial disparities in the state and possible remedies. The commission would study the effect of slavery on housing discrimination, income inequality, mass incarceration, and policing. “This is about beginning the process of healing our communities. There still is generational trauma that people are experiencing. This is just one step forward,” explained Michaelle Solages, the Assembly’s bill sponsor. If signed into law by Hochul, she, alongside Speaker Heastie and Majority Leader Stewart-Cousins, would each appoint three qualified members to the commission. The commission would deliver a report one year after their first meeting and give non-binding recommendations to the Legislature. Speaker Heastie, the first black Speaker, called the bill passage “historic.”

Sammy's Law Fails to Pass the Legislature

Sammy’s Law, which would enable NYC to lower its speed limit to 20 miles per hour in “sensitive areas,” such as around schools, senior centers, dense residential areas, and busy intersections, was also unable to come to the Assembly floor for a vote last week. However, it was passed in the Senate earlier in the week. Named after Sammy Eckstein, who was killed by a speeding van in his neighborhood, it garnered support from various lawmakers, advocates, NYC Councilmembers, and Hochul. The NYC Council approved home rule for Sammy’s Law on May 27th, which is required to amend state law for local governance on specific issues. It remains to be seen if the bill will come to the Assembly floor next week.

Wrongful Conviction Bill

After much debate on the last day of the session in the Senate, lawmakers passed the wrongful conviction bill, but the Assembly was not able to put it on the floor for a debate during their Saturday session. The bill is an amended version of the one passed by the Assembly earlier in March, which includes changes to qualifications and remedies for vacating a conviction and a need for the state to provide additional data on the result of the bill. The bill garnered support from lawmakers as the state third in the nation for the highest number of wrongful convictions and advocates seeking to allow admission of various types of evidence to exonerate wrongful convictions after a 2018 court case that required DNA evidence to show innocence. The bill is on the calendar for next week's session.

Elections Reforms Pass the Legislature

Lawmakers approved a bill that would move many local elections to even-numbered years to synchronize them with congressional and presidential elections. The bill would not impact certain city elections, such as NYC’s, and certain local posts, such as district attorneys, which are held in odd-numbered years as stated under the state’s constitution. Supporters of the bill explained that the move would help voter turnout in local elections that usually do not attain as much attention compared to congressional and presidential elections. “This is also to help with trying to just get the average voter to be able to breathe a little bit in between of having to go out and run to the polls,” said Senator Skoufis, the Senate’s bill sponsor. However, many Republican lawmakers accused the bill’s Democratic sponsors of drowning out local issues with nationally focused issues. The bill’s passage comes as lawmakers passed a bill that set the 2024 Presidential Primary to April 2nd.

Senate Rejects Driscoll's Nomination to Lead NYPA

Right before they adjourned last week, the Senate rejected Hochul’s nomination of Justin Driscoll to lead NYPA, the state’s public power utility corporation. This comes after progressives criticized Driscoll over his past ties to the fossil fuel industry and reports of racial discrimination. However, Hochul argues that Driscoll’s experience in the energy industry is the best choice. This comes after NYPA was given more power with the passage of the Build Public Renewables Act, which would give NYPA the authority to provide energy to municipalities and state agencies. NYPA is also mandated to be completely fossil-free by 2030. Currently, Driscoll is an interim CEO of NYPA and will continue to be so until the Senate can confirm a permanent replacement when the Senate reconvenes.

New Chair of the State Authority Liquor

The Senate Finance Committee confirmed Lily Fan as the Chair of the State Liquor Authority (SLA). Before her confirmation, Lily Fan was already a commissioner at the SLA. During her confirmation hearing before the Senate Finance Committee, Fan promised to reduce the vast backlog of liquor license applications and explained the state’s need to shorten application wait times. Fan’s confirmation comes after former Chair Vincent Bradley resigned at the end of May. With Fan’s confirmation as the Chair of the SLA, the board is one member short, as it normally operates with two commissioners and one Chair.

2023 PRIMARY UPDATES

The state’s primary elections are on Tuesday, June 27th.
The last day to register to vote is tomorrow, June 17th.
Early voting will start tomorrow and last until Sunday, June 25th.
To look up for your poll site, track your absentee ballot, or register to vote, please click here.

NYC Council District 9 Democratic Primary Debate

On Tuesday night, three Democratic candidates for the NYC Council District 9 district joined NY1’s primary debate. The three candidates are:

Assemblymember Inez Dickens
Assemblymember Al Taylor
Yusef Salaam, a member of the Central Park Exonerated Five

The major issues of the debate were public safety and affordable housing. Although all three candidates agreed on public safety and affordable housing in principle, their priorities differed. Assemblymember Taylor seeks to prioritize the construction of affordable family-style apartments, while Assemblymember Dickens explained she wants to make construction in the district easier after the expiration of the 421-a tax incentive. Regarding public safety, Salaam seeks to slash the NYPD budget, while Assemblymember Dickens aims to reduce overtime at city agencies. NYC Council District 9 is currently represented by Kristen Richardson Jordan, who declined to join the competitive election.

NYC Council District 13 Primary Heats Up

After the Bronx GOP Committee removed Phyllis “Tiz” Nastasio and Grace Marrero from the primary ballot for the NYC Council District 13, a protest was held outside a fundraiser for George Havranek, one of the three remaining GOP candidates in the competitive GOP primary. The two other candidates are:

Kristy Marmorato
Hasime “Samantha” Zherka

This comes after the Bronx GOP committee endorsed Marmorato for the primary, who is trailing behind Havranek in fundraising. Nastasio and Marrero have now endorsed Havranek after their removal from the GOP ballot. The district’s Democratic incumbent Marjorie Velázquez is also fighting for reelection in the primary against three other Democratic challengers. Velázquez is expected to win the Democratic primary.

Councilmember Marte Facing Three Primary Challengers

In another contested primary, NYC Councilmember Christopher Marte will face three primary challengers in his racially and economically diverse Council District 1. Marte has been a Councilmember since 2021 after his predecessor, Margaret Chin, was term-limited. The other candidates are:

Susan Lee
Ursila Jung
Pooi Stewart

Helen Qiu is the lone declared GOP candidate in the race for Council District 1.

Other Updates

Albany's Philip Schuyler Statue Removed from the Capital Area

Last weekend, Albany removed its statue of Phillip Schuyler, a Revolutionary War hero and slave owner. The statue was removed from the vicinity of City Hall and the Capital, where it was transported to a secure facility in Albany until its eventual permanent placement was made by Albany’s Commission on Monuments and Public Art. This comes after numerous complaints were made against the Schuyler statue as Philip Schuyler was a slave owner. “It is important for us to have a dialogue about our history and show compassion for one another,” said Mayor Sheehan. While removing the statue, workers found a 100-year-old time capsule underneath the base of the statue. Workers found tons of letters from Schuyler’s descendants, historical maps of Albany, and medallions. Materials from the time capsule are expected to be reviewed in the coming days and weeks.

NYC Agrees to Labor Agreements with the UOC and UFT

Mayor Adams announced yesterday the city’s labor agreement with the Uniformed Officers Coalition (UOC), a coalition of uniformed unions representing more than 32,000 city employees. UOC represents 11 unions across all four uniformed city agencies, which include Detectives Endowment Association, Uniformed Fire Officers Association, and Sanitation Officers Association. The labor agreement with the UOC comes days after Adams’ administration agreed to a labor agreement with the United Federation of Teachers (UFT). Labor agreements with the UOC and the UFT include wage increases and other labor protections.

Bill de Blasio Fined for Conflict of Interest

Yesterday, former Mayor Bill de Blasio was fined $155 million – the largest fine in its history – for violating the city’s conflict of interest guidance during his 2020 presidential campaign. In addition, de Blasio is ordered to repay $320,000 for using the NYPD as his security detail. The city found the use of NYPD as a misuse of the city’s resources under the City Charter. Andrew Celli Jr., the attorney for de Blasio, filed a petition in the state Supreme Court in Manhattan to block the fine and repayment. Celli explained that the “reckless and arbitrary ruling threatens the safety and security of our democratically elected public servants.” This comes after the Federal Elections Commission fined de Blasio $53,000 for fundraising violations in April.

Indictment of Daniel Penny in Jordan Neely's Death

Daniel Penny, who was charged for the fatal chokehold death of Jordan Neely last month, was indicted by a grand jury yesterday. Neely was shouting at passengers and begging for money in a subway car before Penny held Neely in a chokehold for more than three minutes. Penny claims he was protecting himself and other passengers when Neely shouted at other passengers. The fatal chokehold death of Neely brought various lawmakers to attention due to Neely's history of homelessness and mental health issues.

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