Friday Morning Brief May 24, 2024

May 23

Written By Michael Avella

Member Spotlight

Brian Cunningham

Assemblyman Brian Cunningham joined us to discuss his Central Brooklyn-based Assembly district, priorities, and experiences in the Assembly. Even before being elected to the Assembly, he was a lifelong public servant dedicated to uplifting his community and advocating for affordable housing, women’s issues, at-risk youth, and small businesses. Currently, he serves on various committees, such as on Banks, Energy, Transportation, and Economic Development, Job Creation, Commerce and Industry.

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 have the joy and pleasure of representing an area I was born in, which is the 43rd Assembly District. It represents Flatbush, Crown Heights, and Lefferts Gardens. If you throw a pen in the center of Brooklyn, that’s where my district is. It’s a diverse, electric community with a rich culture, history, and food. So it’s an exciting place to represent. My favorite part of my district is the people – it’s very diverse. Knowing that you can go from Caribbean Flatbush, which represents both Anglo-speaking Caribbean people and people who are Haitian-speaker, to Lefferts Gardens, with new vibrant young people and families that have moved into our district over the last few years, to Crown Heights, where we have a vibrant Jewish community and a rich history of African-American community in the area.

What was your profession before becoming a legislator?
I had several professions before. I worked at a group called the National Institute of Criminal Justice Reform. Before that, I worked at Hawkfish, a data company focused on election data and breaking down misinformation from the media. I also worked for various nonprofits, such as CAMBA, very early in my career to work with at-risk youths and make sure they were making the right decisions in their life. On the government side, I had the opportunity to work for Senator Kevin Parker as a special assistant and became his Deputy Chief of Staff. I also worked as a Chief of Staff in the City Council for Laurie Cumbo, who is now the Commissioner of Arts and Culture. I also served under President Obama in My Brother’s Keepers Alliance to work on closing barriers nationwide for young men of color. So, my life has kind of been neatly stitched together by a service both in the nonprofit sector and the government sector base.

What kind of music do you like? Do you have any favorite bands/artists?
I’m a big hip-hop fan. Personally, my favorite rapper is Jay-Z, and his songs get me going throughout the day.

As a hip-hop fan, Tupac or Biggie?
I’m a Brooklyn guy, so it will always be Biggie. Biggie all day, every day. The fact that people still understand Biggie’s lyrics to this day is a big cultural relevance. I also have to give respect to Tupac – he was a wonderful poet. But being a Brooklyn guy, Biggie put Brooklyn on the map.

What about sports? Any favorite NY sports team?
I’m a big basketball fan. In 1996, I became a Lakers fan when Kobe Bryant was drafted into the NBA 1996, which changed my basketball trajectory. Kobe was a legend and is still highly relevant in our culture today. People still shout Kobe when they shoot a paper ball into garbage cans. Kobe’s a big part of my life. I’m still a Laker fan to this day – even though people on Twitter say I’m a LeBron James look-alike. I’m also a big Brooklyn Nets fan. I have a Brooklyn Nets jersey with a Cunningham #43 in my office.

What’s your favorite food?
As someone who grew up in a Jamaican household, I always gravitate towards Jamaican food. If I had to pick a favorite Jamaican dish to eat daily for breakfast, lunch, and dinner, I would definitely say ackee and salt fish—the Jamaican national dish. My second favorite food is pad Thai, and drunken noodles are my go-to dish.

Do you have any favorite restaurants to eat at in your district?
There are so many good restaurants in my district. There’s a Mexican restaurant near my house that I like to go to. Lips Café and Aunts et Uncles are other examples of great restaurants in my district. I also like to stop by Peppa for late-night eats, especially when I return home from Albany. You just cannot get bad food in District 43.

What do you like to do in your free time? Any favorite activities?
Spending time with my family. My wife and I were blessed with a son in November. His name is Senator Cunningham. And it’s hard to be away from him, especially when I’m usually four or five days a week away from him during session. I usually have time with him on the weekend, and I really cherish those moments. He’s growing super quickly, super smart, and super engaging. So that’s the best part of my life right now, just being a dad. The most challenging part is also being a dad who’s a legislator. But at the end of the day, I’m trying to make the lives of New Yorkers, including my son, better for future generations.

What are the top priorities in your district in particular?
My district’s top priority is ensuring we save and sustain SUNY Downstate. I think many people know that Downstate has been in some financial trouble over the last few years for several reasons. First, there is a medical reimbursement rate issue on the federal level where people get Medicaid and Medicare. Those procedures are usually billed at 30% to the hospital, coupled with the fact that Downstate was a Covid-only hospital during the worst of times during the Covid-19 pandemic. Many of the big ticket items they typically would have done couldn’t be done and they just never really caught up. So, trying to cover their deficit for this year and investing more in Downstate is one of the biggest priorities in my district. We also need a long-term sustainability plan to create world-class health in central Brooklyn.

What are/is your proudest achievement(s) throughout your career?
So far, I passed six bills that were signed into law. I’m proud of the fact that I’ve introduced over 183 bills in the state legislature since I’ve been here only two years ago. One of my proudest bills is the bill that focused on “urban heat islands.” I passed the bill alongside Senator Parker, for whom I previously worked. So, being able to pass your first bill with the personal portion of the government is exciting. The bill focuses on ensuring that we create more cooling areas in dense urban areas to help offset climate change. The proudest moments of this session for me are the three bills I’ve introduced. One is faith-based affordable housing, which gives houses of worship and faith-based institutions an opportunity to build affordable housing on land they own. The second big thing for me in this session is high-impact tutoring, which ensures we reduce learning loss, particularly around 3rd-grade reading and 8th-grade math. Lastly, I’m really focused on Melanie’s Law, which is the loophole in the current domestic violence laws. The bill would ensure that orders of protection would extend to immediate family members or household members of a domestic violence victim. It would have saved a young lady, Melanie, in Hudson Valley. Those are my three big bills this session. I try to pass basic common sense bills, which I call pruning bills. If you want to make sure your tree grows, you prune it. I don’t cut trees down to make noise. I just like to ensure the government works efficiently and helps protect the people we have to protect.

Are there any other members that you find yourself working with or enjoy hanging out with in particular?
Aside from Senator Kevin Parker, one of my best friends is actually Eddie Gibbs. When I first walked into the chamber doors on March 30th, 2022, Eddie Gibbs extended his hands to me, gave me a big hug, and said welcome. On the Senate side, I worked with Andrew Gournades a lot. He and I have been working a lot on faith-based affordable housing, and he’s a phenomenal partner and one of the smartest legislators. On the Republican side, I have been working a lot with Anil Beephan, who is an Assemblymember from the Hudson Valley, for Melanie’s Law. I think he and I have proved that Democrats and Republicans can both work very well together.

What advice would you give to young folks wanting to get into politics or run for office?
Remain curious. There’s this Jay-Z song where he talks about being treated like an intern again. But I think that being young or an intern gives you that high level of joy, curiosity, and eagerness. Those are important to keep as you get older. And to that, you have to treat everyone with respect. Be respectful and nice to everyone you meet, no matter who you meet. I think once you have those things, it makes working better and the solutions more obvious because you gather different perspectives.

Are there any last comments you want to mention?
If you want to learn more about what we’re working on in District 43, text the word D43 to 66866. If you text the word D43 to 66866, you’ll get on our mailing list. I am @nyamcunningham on all social media platforms, from X to Facebook to Threads to YouTube. We tried to curate good content to take everyone behind the scenes of Albany and on the floor, as well.

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!

Hochul and Lawmakers Push for Social Media Restrictions

On Wednesday, Hochul announced that she is actively working with the Legislature to pass the SAFE for Kids Act and Child Data Protection Act and explained, “The finish line is on the horizon. I can see it.” The two bills were discussed during this year’s Budget negotiations but ultimately failed to be included in the Enacted Budget.

The end-of-session push to pass the two bills comes as Hochul, the bill’s sponsors, and the Senate expressed support to pass the two bills almost immediately after the Budget was approved. Hochul explained that algorithms used by social media lead to addiction amongst teenagers, which negatively impact their mental health. “These algorithms are like heat-seeking missiles that seek out and prey upon the insecurities and vulnerabilities of young users, and they latch onto them and they exploit them for profit,” Senate sponsor Andrew Gournades explained. However, opponents of the bills are concerned about privacy and free speech since the bills would require companies to verify users’ ages.

Concerns about social media and youth mental health have become a pivotal issue nationwide, with many states and public officials publically supporting restrictions on social media. In February, NYC Mayor Eric Adams joined a lawsuit against social media companies for “fueling the nationwide youth mental health crisis,” and Hochul urged various social media platforms to crack down on hate speech in November. Recently, Hillary Clinton also expressed support for the passage of the bills. However, Hochul warned that the bills would be litigated if it was passed before the end of the session. “The nature of passing laws in New York is someone sues the next day,” Hochul explained.

EXECUTIVE UPDATES

On Monday, Hochul was in Ireland to highlight the shared values and relationship between Ireland and New York. Additionally, Hochul announced plans to advance the state’s AI research infrastructure by directing SUNY COIL to collaborate with University College Cork, marking it the first partnership between SUNY COIL and the National University of Ireland. SUNY Oneonta, the home of SUNY COIL, will also dedicate resources to integrate AI into SUNY COIL classrooms. The partnership with University College Cork builds upon Hochul’s commitment to expand the state’s AI research infrastructure and support the $275 million Empire AI. Of note, Hochul is the state's first Irish-American Governor in nearly 40 years.

On Tuesday, Hochul announced a $11.6 million investment to support the state’s renewable energy industry workforce development initiatives. With the $11.6 million investment, four new workforce training programs will be launched, with two administered by NYSDOL and the other two administered by NYPA. The programs will include wraparound services that include assistance with transportation, childcare, stable housing, food, and other support. The investment builds upon Hochul’s commitment to assisting the state's transition into a renewable economy as directed by the state’s CLCPA. “This funding will support critical programs for New Yorkers looking to develop skills in the emerging energy sector so that everyone can participate in our green energy future,” Hochul explained.

Earlier this week, Hochul, alongside Lieutenant Governor Antonio Delgado, officially launched the Empire State Service Corps Program. The program was originally announced as the sixth proposal of Hochul’s 2024 State of the State to support SUNY students in attaining paid civic and service opportunities. With the launching of the Empire State Service Corps Program, about $2.75 million will be spent on funding 500 service positions across SUNY’s colleges and universities. The Empire State Service Corps Program is modeled after the existing FAFSA Corps and Climate Corps, which aim to support current students in attaining experience and networking. “We’re offering students the opportunity to see firsthand how public service helps their communities, and with Lieutenant Governor Delgado overseeing the Office of Service and Civic Engagement, we’re building the next generation of local leaders who will help New York State thrive,” Hochul explained.

Yesterday, Hochul announced that 213 municipalities had launched applications to be certified as Pro-Housing Communities. Currently, 61 municipalities have already been certified, making them eligible for up to $650 million in state discretionary funding, which was agreed upon in the 2025 Enacted Budget. The Pro-Housing Communities Program was part of Hochul’s 2023 summer executive actions to increase the state’s housing supply by recognizing and investing in municipalities that are committed to increasing their local housing supply. This 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 ready to work with any community that shares our determination to build safe, stable, and affordable housing, and I encourage even more local leaders to launch their applications, get certified, and help us achieve our housing potential in every part of the state,” Hochul explained.

LEGISLATIVE UPDATES

Next week, the Legislature is scheduled to be in session Tuesday to Thursday
Two weeks of session remain until the Legislature is scheduled to adjourn on June 6th

Senate Passes Lithium-Ion Safety Legislative Package

This week, the Senate passed a legislative package that would attempt to improve safety standards for lithium-ion batteries. The legislative package comes as fires caused by lithium-ion batteries have increased in recent years, with the FDNY warning that lithium-ion batteries are the leading cause of fires and fire deaths in NYC. “Our priority is the safety and well-being of all New Yorkers. This legislation is a significant step forward in addressing the dangers associated with lithium-ion batteries and ensuring our communities are better protected,” Senate Majority Leader Andrea Stewart-Cousins explained. Some notable bills in the legislative package are:

Fire Mitigation: would require businesses to have hand protection and suppression measures for fires
Lithium-Ion Batteries Standardization: would prohibit the sale of unstandardized lithium-ion batteries for micro-mobility devices, electric bicycles, and limited-use motorcycles
Lithium-Ion Battery Fire Prevention Study: would authorize a study on lithium-ion battery fires and prevention to review the severity of lithium-ion battery fires
Lithium-Ion Battery Safety Program: would establish a safety program to provide new lithium-ion batteries at reduced cost or no cost to eligible individuals

Senate Confirms New Appointments for Secretary of State and CEO of the State Dormitory Authority

This week, the Senate confirmed the appointments of Walter Mosley as Secretary of State and former Secretary of State Robert Rodriguez as CEO of the state Dormitory Authority. Mosley succeeded Rodriguez as Secretary of State and served as an Assembly Member from 2013 to 2020, representing Fort Greene, Clinton Hill, Prospect Heights, and parts of Bedford Stuyvesant and Crown Heights in Brooklyn. Before serving as Secretary of State, Rodriguez was also an Assemblymember from 2011 to 2021, representing East Harlem and Randall’s and Wards Islands in Manhattan.

Legislature Passes Melanie's Law

On Tuesday, the Assembly passed Melanie’s Law, marking the first time the bill has passed in the Assembly. Having passed in the Senate two weeks ago, the bill will head to Hochul’s desk for her signature or veto. Widely supported by lawmakers from both sides of the aisle, the bill would close a legal loophole to allow courts to issue orders of protection for immediate family members or household members of victims of domestic violence regardless of age. The bill is named after Melanie Chianese, whom her mother’s ex-partner murdered as she was ineligible for an order of protection because she was not a minor. “I’m hopeful and confident this loophole that exists would be close, and there would be [fewer] victims that would be impacted,” Assembly sponsor Brian Cunningham explained.

Senate Passes Bill To Close the "Weinstein Loophole"

On Wednesday, the Senate passed a bill that would enable prosecutors to call witnesses to the stand to testify on allegations unrelated to a defendant’s criminal charges. The passage and push for the bill comes after the Court of Appeals reversed Harvey Weinstein’s 2020 sexual assault conviction because prosecutors allowed testimony from three women about other sexual assaults that were not part of the case that was being tried. However, the Assembly is thought to have some concerns about the bill, with Assemblymember Ken Zebrowski explaining, “There’s long-standing legal precedent that you want to convince someone based on evidence they committed a crime, not because they might be an otherwise unsavory individual.” However, the Assembly sponsor, Amy Paulin, said she is looking to work towards passing the bill in the Assembly and explained that the reasoning behind the bill’s passage is “very strong.”

A Renewed Push for the MENA Bill

Earlier this week, lawmakers joined advocates in rallying for the MENA bill, which would disaggregate Middle Eastern and North African populations from white demographics in state-collected data. Sponsored by Senate Deputy Leader Mike Gianaris and Assemblymember Jessica Gonzalez-Rojas, advocates explain that the bill is necessary to ensure that Middle Eastern and North African communities can better attain resources from equity-based state aid. “Middle Eastern & North African New Yorkers do not consider themselves white, yet that’s how the state forces them to identify themselves, denying these communities key resources and necessary recognition,” Gianaris explained. The bill is expected to pass in the Senate in the coming weeks and the Assembly moved the bill out of committee this week.

Lawmakers Rally for the No Cap Act

On Wednesday, lawmakers joined advocates in rallying for the passage of the No Cap Act. The No Cap Act would amend Article Six of the state Constitution by removing the current limitation on the number of judges in the state Supreme Court. Currently, the number of state Supreme Court judges is limited to one justice per 50,000 residents. The bill sponsors, Assemblymember Alex Bores and Senator Judiciary Chair Brad Hoylman-Sigal, and advocates explain that the current limitation is inefficient for allocating judicial resources, resulting in long delays and adjournments. Although the bill passed in the Senate last year and this year, the Assembly has yet to move forward with the bill. “Currently, New York State has over 120 thousand pending cases in our court system. The solution is simple. Lift the cap, clear the backlog. Let’s get it done this session,” Hoylman-Sigal said.

AOC Publicly Supports Not on Our Dime Act

Earlier this week, Representative Alexandria Ocasio-Cortez joined lawmakers to advocate for the passage of the Not on Our Dime Act. Sponsored by Senator Jabari Brisport and Assemblymember Zohran Mamdani, the bill would prohibit nonprofits from contributing to Israeli settlements in the West Bank. Although many lawmakers have criticized the bill, it has garnered support, with Brisport and Mamdani indicating that they would amend the bill. However, the Senate GOP Conference criticized the rally and called it “disgusting” and “disappointing,” and explained, “Protecting Jewish New Yorkers has been and will remain a priority for our conference.” Additionally, the Senate GOP lawmakers countered the bill with their own bill, which would prohibit the state from contracting and investing in individuals and organizations that promote activities to boycott US-allied nations.

PRIMARY & ELECTION UPDATES

Assemblymember Harvey Epstein Announces 2025 Bid for NYC Council Seat

Late last week, Assemblymember Harvey Epstein officially announced his 2025 bid for the NYC Council District 2, currently held by the term-limited Carlina Rivera. Aside from Epstein, Manhattan Community Board 3 Chair Andrea Gordillo and Vice Chair Sarah Batchu have already launched their campaign for the Democratic nomination. With Epstein’s announcement, former Councilmembers Margarita Lopez and Rosie Mendez endorsed Epstein, as well as from various tenant association presidents and district leaders. “I am excited to grow this coalition [and] show how my experience as an organizer, lawyer, [and] effective legislator makes me the best candidate to serve on the Council,” Harvey said.

OTHER UPDATES

Court of Appeals Upholds Abortion Coverage Requirement

On Tuesday, the state Court of Appeals unanimously upheld the state requirement for employers with health insurance to cover medically necessary abortions, ruling against religious groups that sued the state for violating their religious beliefs. The ruling found that the existing statute already allows religious groups to be exempt from the requirement, and the Fulton v. Philadelphia decision wasn’t enough to make the abortion coverage requirement illegal. While Hochul praised the ruling and called it a “critical step” for protecting reproductive rights, the religious groups said they expect to appeal to the US Supreme Court.

Mayor Adams' City Charter Revision

On Tuesday night, NYC Mayor Eric Adams announced a surprise City Charter Revision Commission. Additionally, Mayor Adams announced the appointment of the full slate of 13 members, leading criticisms against him for filling the Commission with his allies, which includes former Bronx Borough President Rubén Diaz Jr. The announcement of the Commission comes after City Council Speaker Adrienne Adams was preparing to introduce a bill that would require the mayor to obtain the City Council’s approval on 21 commissioner-level appointments. Although Mayor Adams explained that the formation of the Commission is a “significant step forward towards enhancing transparency, responsiveness in city government, and further civic engagement,” a City Council spokesperson said that the Commission was created to “arbitrarily constructed in response” to the bill Speaker Adams was preparing to introduce.

2024 LCA Show

Wednesday was the annual Legislative Correspondent Association Show. As the 122nd LCA Show, it is the oldest political show in the country, with lawmakers and reporters making jokes about each other and themselves. This year’s show, “Kathy-Land,” featured Assembly GOP leader Will Barclay for the Republican rebuttal, as well as Representative Mike Lawler. Notably, Barclay took a tour of Albany with fellow lawmakers and sang with Speaker Carl Heastie.

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