Friday Morning Brief March 1, 2024

Feb 29

Written By Michael Avella

Member Spotlight

Senator Nathalia Fernandez

Senator Nathalia Fernandez joined us to discuss her district, including parts of the Bronx and Westchester, and her experiences in the Legislature. Prior to her election as Senator, she served in the Assembly and has been involved in local politics since 2012. Currently, she is the Chair of the Senate Committee on Alcoholism and Substance Use Disorder, and the Co-Chair of the Joint Senate Task Force on Opioids, Addiction & Overdose Protection. She is also a member of various Senate Committees, such as Cannabis, Labor, Mental Health, and Rules.

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 District 34, which is the East Bronx, almost from top to bottom— starting from Pelham Bay, City Island, Country Club, Throggs Neck, the Sound, Parkchester, and Castle Hill. I also represent parts of New Rochelle and Pelham in Westchester County. It’s a beautiful district – I love the area. It is off the coastline, so we have Orchard Beach in the district. There’s also a beach in New Rochelle on Glen Cove island. So, nautical communities are prevalent, and there’s a beauty to them. It’s also a diverse and dense area. It’s a beautiful plethora of everything you could imagine in New York City, one district, and the entire state.

What was your profession before becoming a legislator – did it inspire you to run for office?
I’ve been in government my entire career, and it was unintended. I used to freelance in the public relations world – that was my degree when I graduated from college. Then, I happened to meet a candidate who was running for the 80th Assembly District, became a volunteer, and was hired as a community liaison. Within the two-term tenure of that member, I left as Chief of Staff in 2016. Then, I worked as a Bronx regional director for the Intergovernmental Affairs Department under Governor Cuomo until 2018. Then I ran for office for the first time in the Assembly district that I worked in before my predecessor decided to run for a different seat. I decided to run because my community called me back to run for the seat. I am grateful for their support, and I stayed in the seat for two terms before running for the Senate seat in 2022.

What is your favorite part of being a legislator?
My favorite part of being a lawmaker is experiencing and learning from the district. I love that I get to go and see things that not everybody gets to see. I love to see the history throughout my district and the state. For example, SUNY Maritime is in my district, and the school’s history is fascinating. I also get invited to school plays, park performances, mural displays, poetry readings, and youth Broadway shows, and I love going to those. It’s enriching, and I love seeing my constituents flourish in their passion.

What kind of music do you like to listen to? Any favorite genres?
I can’t say which genre I like more. I love all types of music. I like the classics – the 80s jams, 70s classics, 90s hip hops, and 2000s pop songs. I also love salsa. I love singing and dancing. Growing up, I was also a ballet ballerina, so I love opera and Broadway shows. Chicago is my all-time favorite. I am a butterfly in the music cloud.

Any favorite NY sports teams or activities?
I wasn’t really a sports person growing up. But I do like to dance. But I love the energy around communities built on sports. And I do love going to a Yankees game.

Do you have any favorite food?
I have my childhood favorites growing up. I love my mom’s lentil soup and my dad’s arepas. It’s simple food, but that’s what makes it so good. I love it when my dad cooks holiday family meals, like lechón or bistec empanizado. But black beans and white rice is unbeatable for me.

If you have any free time, what do you like to do? Any favorite activities?
If I have free time, I like to go on hikes and walks, and I’m fortunate that my districts and my neighborhood have so many places to do that. Helen Bay Park is a legit forest in my district – there are deer, opossums, coyotes, etc. So, there are beautiful trails within the parks along the Bronx River. But aside from that, I love spending time with family and doing fun activities with them. I love spending time with my nieces and nephews. Maybe we’ll have a beach day. Maybe we’ll do Apple picking. Maybe we’ll have a barbeque outside.

What are your proudest legislative achievements?
First, I would say the Andrew Kearse Act. Andrew Kearse was a Bronx resident who died in police custody because he had a heart attack, and the police denied him care. So, we created a civil liability for anyone under police custody or arrest who can attain medical care if they are showing distress. That bill was important to me because it was based on a Bronx resident and other real-life stories. And it was very memorable to me because it was during my first term in the Assembly.

Now, as a Senator, another bill is Ava’s Law, in memory of Ava, somebody I knew directly. She suffered a miscarriage and ended up just getting sent home with no resources. No direction, no support – nothing. Ava’s law will help women who suffered from miscarriages to get more medical help, direct care, and resources.

As the chair of Alcoholism and Substance Use Disorder, what issues do you see arising this year?
This year, there is a lot of focus and attention on rallying for the workforce. The world of substance use disorder and addiction services is so important. It’s a world that needs more attention. The big problem is that we’re losing people in the workforce. We are losing our counselors, peer supports, doctors, and physicians because they aren’t being paid adequate wages and lack resources needed to do their work. So a 3.2% cost of living increase is the goal for every direct care provider and behavioral health clinic. We can create incentives to stay in this work with decent pay because it’s so important, and it hurts someone who is being treated for a substance use disorder when a counselor they trust leaves the job. Finding a new counselor or peer support is difficult for those who are navigating a substance use disorder on their way to recovery.

I also requested a $500 million investment that would help fund, among other things, staff recruitment and retention initiatives.

We also need to improve Medicaid reimbursement rates. To ensure the continuation of care, and to guarantee that substance use disorder providers are covering the costs of providing services to individuals, Medicaid reimbursement rates need to be brought up.

Tackling the overdose crisis is a huge challenge. I carry a bill that would continue to fund an existing pilot project that covers drug testing machines, which test for dangerous additives like fentanyl or xylazine before a person uses drugs. It also provides legal protections for people who use these machines. I am also pushing for language to be included in the final budget that would eliminate co-pays for certain outpatient behavioral health services to help address the financial burden of repeat visits to receive treatment.

I am a supporter of merging the Office of Addiction Services and Supports with the Office of Mental Health, and I want to encourage a broader conversation as to how mental health challenges and substance use disorders are interconnected. There is some opposition to merging these agencies, but there’s also understanding that the services provided by both agencies often overlap. We should remove these barriers that separate their work.

Do you work with other Committees on issues relating to substance use disorder?
Of course. I work closely with Gustavo Rivera, who is the chair of the Health Committee. He’s very knowledgeable on all areas of healthcare. He knows everything in my committee already. I come to him with ideas and he’ll say, “That’s right! I remember discussing this.” He’s well aware of the issues and is a great partner and advocate. I also work a lot with Samra Brouk, the Mental Health Chair, especially with co-occurring disorders. And Neil Breslin, Chair of Insurance, because insurance coverage and the ability to access care are both critical. I’m grateful to have colleagues in the Senate who are just as knowledgeable, if not more knowledgeable, than me, and who are committed to finding solutions.

What are the top priorities in your district?
We need to ensure our schools can provide quality education and resources. Not every school in my district is a community school, but we see that community schools benefit the student body and their families. Many of them have health clinics, food pantries, or even washing machines to help families, as well as after-school programs. Not every school has an after-school program, so providing a space for our kids to go to after school is important. We need to make sure the schools are well supported.

Public transportation is also critical. I consider my district a transportation desert because, in the Bronx, we have one train line that doesn’t reach the edge of the water. So we heavily rely on buses.

And on infrastructure, flooding is becoming an issue. Every big storm presents a risk, and there is a huge fear that some neighborhoods might flood. And it seems to be getting worse every year. So, we’ve been very attentive with the DOT and the NYCDEP on the state and city levels for Westchester and the Bronx to address flooding concerns.

Lastly, I also try to ensure that my community is aware of anything happening in the district, like the two newly proposed Metro-North stations in my district. Getting them involved and ensuring they have all the information they need is important.

What advice would you give young folks wanting to get into politics? Especially for first-generation Americans?
Be present and show up! People pay attention to people who show up. In my career, before I knew it or understood what I wanted to do, I was present in my community because I was eager to learn and enjoy being in the presence of my community that I care about. Also, it’s a cliche, but there’s no such thing as a stupid question.

Importantly, don’t think you don’t belong in your community or your work. Being a daughter of immigrants, I always felt different from everybody. When I started out in my career, I remember being sent to meetings, and I always had so many questions that I wanted to ask, but I was afraid to ask them because I felt like the questions would be perceived as stupid or that nobody wanted to hear from me. I had an imposter syndrome. But eventually, I started asking the questions I wanted to ask, and everybody agreed that these questions needed to be raised. So it’s very important to speak up. Don’t think you are an imposter – understand that your presence matters. If you care about something enough, show up, listen, learn, and take action.

Any last comments?
I am honored to be part of the Senate and to be a voice for my community. I want to listen to as many voices as possible in the state and in my community. And even if we can’t achieve everything we want to achieve during this budget negotiation, I will keep working for my district. I’ll never give up.

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!

Redistricting Finally Wrapped Up

On Wednesday, the Legislature voted to approve the new congressional maps they drew up Monday night after rejecting the IRC-drawn congressional map earlier that day. With Governor Hochul signing a message of necessity, the Legislature was able to vote on the map on Wednesday, forgoing the full bill aging requirement. Although many Republican lawmakers criticized the Democratic majorities for replacing the IRC-drawn map with their own, several of them, including Assembly Minority Leader Bill Barclay, ultimately voted for the legislature-drawn maps as the edits were not substantial.

The Democratic lawmakers rejected the IRC congressional map because several counties and communities were split. Speaker Carl Heastie explained that the Legislature-drawn maps were focused on reconnecting communities of interest that were divided in the 2022 maps which were drawn by an independent special master, such as Orange County being united into one district, which was originally split under two districts.

With several Republican lawmakers voting for the new map, many Democratic lawmakers call the new map bipartisan, with Congressional House Democratic Leader Hakeem Jeffries saying, “Today, the state legislature has adopted a bipartisan congressional map that more meaningfully delivers the type of fair representation that the people of New York state deserve,” with the new map “addressing many of the inequitable flaws of the special master’s map.” With the delay in approving a new congressional map, a bill to push back the start date of petitioning to February 29th was also signed into law.

EXECUTIVE UPDATES

Last week Friday, the gov traveled to Washington, D.C. for the annual National Governors Association Conference and to meet with President Biden’s Chief of Staff, Jeffrey Zients. Hochul and Zients discussed the financial impacts of the asylum-seekers crisis on the state and NYC, with Hochul supporting a possible executive action by Biden on immigration. “I give the president credit for trying … I appreciate his leadership on this,” explained Hochul. The meeting with Zients came after a Senate bipartisan border deal fell apart weeks ago in the House, with Hochul criticizing Congressional Republicans. “This is a dereliction of [their] duty to solve problems like this,” Hochul said.

On Tuesday, Hochul announced that $20 million in state funding has been awarded to Cattaragus, Chenango, Dutchess, Genesee, Livingston, Schoharie, Washington Counties, and NYC to upgrade emergency communications. Under the Statewide Interoperable Communications Targeted Grant program, the $20 million will upgrade emergency communications infrastructure in areas with outdated or weakening infrastructure and implement National Interoperability channels. With the $20 million in grants, high-need areas could close gaps in the interoperability infrastructure and regional communications deficiencies and improve local emergency response capabilities.

After a roundtable discussion with students, faculty, and mental health professionals at Mohonasen Central School District, Hochul reiterated her commitment to including her mental health proposals in the 2025 Final Budget. Additionally, she announced launching a new process for schools to expand their mental health clinics with the availability of $20 million in start-up funding. The start-up funding builds upon the $5.1 million awarded in November to support 137 new school-based clinics and Hochul’s Executive Budget proposal to fund clinics for every school that wants one. Lastly, Hochul also announced the creation of her Youth Mental Health Advisory Board to enable interested middle and high school students to collaborate with her on youth mental health issues. “The mental health crisis is one of the biggest challenges we face, and I’m committed to giving kids, parents, and teachers the tools they need to address this issue,” Hochul said.

In a highly publicized press conference on Wednesday, Hochul also reiterated her commitment to tackling illegal cannabis dispensaries in order to support the state’s legal cannabis industry. Joined by representatives of the state’s legal cannabis retailers, Hochul explained that illegal cannabis dispensaries are a public health issue for youths and hurt small business owners. Her Executive Budget proposals to stop illegal cannabis dispensaries include expanding the enforcement power of the Office of Cannabis Management and local governments and creating local registries of licensed cannabis businesses to assist local governments in shutting down illegal dispensaries. “Strengthening New York’s equitable cannabis industry and protecting the hard-working small business owners operating in the legal market are top priorities, and the best way to accomplish those goals is by expediting the shutdown of unlicensed shops,” Hochul explained.

LEGISLATIVE UPDATES

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

Hochul and the Leaders of the Legislature Announce Appointments to the State's Commission to Study Reparations and Racial Justice

Yesterday, along with Hochul, Senate Majority Leader Andrea Stewart Cousins and Speaker Carl Heastie announced their appointments to the state’s Commission to Study Reparations and Racial Justice. The appointments comes after the passage of the bill in December that acknowledges the racial and economic injustice spurred by slavery in the state and NYC and establishes a commission to study reparations and the impacts of slavery on the Black community in the state. “With the recent appointments to the Commission to Study Reparations and Racial Justice, New York is steadfastly progressing on the path of healing and reconciliation,” Assembly sponsor Michaelle Solages said.

Lawmakers Rally to "Get Congestion Pricing Right"

Earlier this week, lawmakers held a rally regarding congestion pricing. The rally comes as a bill was introduced in the Legislature that would invest $90 million into the MTA and direct them to allocate $45 million to increase the frequency of their buses and allocate the rest of the $45 million to expand the fare-free bus program. “What we’ve seen in the jurisdictions that have congestion pricing is that the ones that are more successful make significant investments in public transit, particularly buses, in the ramp-up to their version of congestion pricing going into effect,” Senate sponsor Mike Gianaris explained. The rally and bill came after the MTA canceled new construction contracts due to four pending lawsuits against congestion pricing. Just last night, the MTA held the first of four public hearings before they hold a final vote on congestion pricing at the end of this month or early next month.

Republican Lawmakers Rally for Laken's Law

After the death of Laken Riley - a nursing student in Georgia - who was allegedly killed by an undocumented Venezuelan immigrant that was reportedly released by the NYPD, Republican lawmakers from both chambers of the Legislature rallied for a bill that would require local law enforcement to notify ICE about the arrest of non-citizens. Criticizing the state's designation as a sanctuary state, lawmakers urged Hochul and the legislature to change the state’s laws on immigration and law enforcement. “If the Governor signed it, if it passed in the legislature, make no mistake about it, Laken would be alive,” Senate sponsor Andrew Lanza explained. However, with the NYPD officials saying that the accused was never arrested in the first place, some are criticizing the bill for blurring the lines between innocence and guilt.

Bi-Partisan Rally for Traveling with Dignity Act

In a bi-partisan push, lawmakers rally in support of the Traveling with Dignity Act this Tuesday. The Traveling with Dignity Act would require public restrooms to install accommodations for individuals with physical disabilities, seniors, and veterans with traumatic injuries and establish guidelines for installing such accommodations in public areas. Advocates explained that the bill is necessary and highlighted the language for requiring that accommodations be height-adjustable. “It is time for New York to require that disability-friendly restroom facilities with height-adjustable tables for adults be installed statewide so people with differing abilities can participate in the same activities, day trips, and excursions that are available to everybody else,” Senate sponsor Pete Harckham explained.

Lawmakers Push for Bills to Protect Birds After the Death of Flaco

After the death of Flaco, the Eurasian eagle-owl in Manhattan, Senator Brad Hoylman-Sigal, Assemblymember Anna Kelles, and Assemblymember Pat Fahy announced their renewed push for two bills that would enhance the safety of birds. One of the bills is the FLACO Act (Feathered Lives Also Count” Act), previously the Bird-Safe Buildings Act, which would require any new or refurbished buildings to incorporate bird-friendly designs. Another bill is the Dark Skies Protection Act, which would require an external shield to cover outdoor lighting, be motion-activated, or be turned off between 11 PM and 5 AM. “I’m gutted at the death of Flaco the owl, who delighted countless New Yorkers through his presence in Central Park. His death after apparently striking a glass window pane raises the importance of our passing common-sense laws to help stop preventable window strikes, which kill millions of birds, like Flaco, each year,” explained Hoylman-Sigal. Flaco was a famous eagle-owl that escaped from the Central Park Zoo.

PRIMARY & ELECTION UPDATES

Assemblymember Phil Steck To Run for Reelection

On Monday, Assemblymember Phil Steck announced that he is dropping his bid for Albany County District Attorney and instead running for re-election. This comes after the Albany County Democratic Committee chose not to endorse any candidates. “If I had the party endorsement, that’s a whole different animal than running in a primary. I need to devote my full time and attention to the Assembly and other things in my life,” Steck explained. Steck will face Colonie Town Councilmember Jeff Madden, the GOP candidate for Steck’s seat. Colonie is set to be a battleground in Steck’s seat, with Colonie Republicans gaining a majority in the town board last year. However, Steck has held his seat since 2013 and has already received the endorsement of the Schenectady County Democratic Committee.

Gabriella Romero Joins Crowded Race for Pat Fahy's Assembly Seat

On Tuesday, Albany City Councilmember Gabriella Romero announced her candidacy for the increasingly crowded race for Assemblymember Pat Fahy’s seat, who is running for Senator Neil Breslin’s seat this November. Romero, who has already garnered the endorsement of the Working Families Party, explained that she will expand on her Council’s priorities as an Assemblymember, such as police oversight, tenant protections, and increasing government transparency. Alongside Romero, Albany County Legislators Dustin Reidy and Andrew Joyce, Albany Council Majority Leader Ginnie Farrell, and Albany Councilmembers Owusu Anane and Jack Flynn are also running.

Justin Brannan's Chief of Staff to Challenge Assemblymember Alec Brook-Krasny

Earlier this week, NYC Councilmember Justin Brannan’s Chief of Staff, Chris McCreight, officially announced his candidacy to challenge GOP Assemblymember Alec Brook-Krasny. Brook-Krasny, whose district overlaps with Brannan’s City Council District, was a former Democrat who switched parties in 2022. McCreight has already garnered multiple endorsements from high-profile Democrats, including Chuck Schumer, Letitia James, and Senators Andrew Gournades and Iwen Chu.

Senator Kevin Thomas Drops His Congressional Campaign

Yesterday, Senator Kevin Thomas announced that he is suspending his campaign for the southern Nassau County-based congressional seat on Long Island. This comes as Laura Gillen has become the leading contender for the Democratic Party’s nomination. “Laura Gillen is by far the strongest candidate running in the 4th Congressional District,” Democratic Party Chair Jay Jacobs said. While Thomas did not say he is running for reelection for his current Senate seat, he said, “My service to the people of Long Island is far from over.” Assemblymember Taylor Darling is currently running for Thomas’ Senate seat, as well as Nassau County Legislator Siela Bynoe.

Tuesday's Michigan Primary Results

On Tuesday, President Biden and Donald Trump won their respective party presidential primaries, with Biden winning about 80% of the Democratic primary votes while Trump won about 68% of the Republican primary votes. However, a campaign to urge Democratic voters not to vote for Biden and instead for “uncommitted” due to his handling of the Israel-Hamas conflict won about 13% or over 100,000 votes. Although the uncommitted votes were a small percentage point compared to the overall votes garnered by Biden, observers note that precincts with large Arab-American communities and young voters, which are two Democratic voter bases, overwhelmingly voted for uncommitted. Meanwhile, Trump still shows that he could not garner enough support from suburban communities, which voted more for Nikki Haley. Super Tuesday is set to be next week, with 14 states holding its primary and Alabama holding its GOP primary. New York’s Presidential Primary is on April 2nd.

OTHER UPDATES

NYC Council to Join a Lawsuit Against Mayor Adams

Last week, the NYC Council filed a petition to intervene in an existing lawsuit against Mayor Eric Adams. The lawsuit, brought by the Legal Aid Society on behalf of those eligible for rental vouchers, seeks to force Mayor Adams to implement the CityFHEPS reform legislative package passed by the Council and went into effect earlier this year. The City Council alleges that Mayor Adams is not respecting the legislative authority of the City Council and is violating the separation of powers. Mayor Adams vetoed the reforms passed by the City Council last year, but the City Council overrode the vetoes. Mayor Adams previously reported that he intended not to implement the reforms because they were unconstitutional, arguing that a referendum was needed. The lawsuit comes as Mayor Adams and City Council Speaker Adrienne Adams have publicly been outspoken about their policy disagreements, with two separate veto overrides last month.

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