Friday Morning Brief Nov 15, 2024

Nov 15

Written By Michael Avella

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

Member Spotlight

Assemblyman Chris Burdick

Assemblyman Chris Burdick joins us to discuss his Westchester County-based district, priorities, and experiences in the Assembly. Before becoming an Assemblymember in 2021, he served seven years as the Town Supervisor of Bedford, overseeing the town’s economic growth and prosperity. Currently, he is the Chair of the Subcommittee on Employment Opportunities for People with Disabilities. He is also a member of various committees, such as on Environmental Conservation, Housing, and Banks.

What district do you represent, and can you describe it to folks who have never been there?
I represent the 93rd Assembly District, which is entirely in Westchester County and the largest geographically. It includes North Salem, Lewisboro, Pound Ridge, Mount Kisco, Newcastle, North Castle, Harrison, and the City of White Plains. I represent about 140,000 people, and it's a very diverse district.

What was your profession before becoming a legislator?
I'm an attorney by trade, but I haven't practiced in quite some time. Immediately before going into the Assembly, I was the full-time supervisor of the town of Bedford and held that post for seven years. So, I have been in full-time public service for over 10 years.

What kind of music do you like? Any favorite bands or artists?
I really like a wide variety of music, from classical to big bands, like Creedence Clearwater and the Beatles, to pop music, like Taylor Swift. So, I would say my music taste is eclectic. I also have a family that loves a wide variety of musical genres. We love jazz, and my daughter sings the opera. She is actually a music teacher.

What about sports? Any favorite NY sports team?
The Mets, of course. I don't play baseball but was a cross-country runner in high school.

What about food? Any favorite restaurants in your district?
There are so many fabulous and diverse restaurants in my district. We are very fortunate to have many terrific restaurants in my district. For favorite food, that is a tough question. I do like Tex-Mex and sushi, but I also have a great time eating at Turkish and Italian restaurants. Every year, I love to make tomato sauce from my mom's recipe for my entire family.

If you have any free time, what do you like to do?
My wife and I love to travel. We actually traveled to Japan earlier this year, and it was great. I love the food in Japan, as well as the wide array of landmarks to visit. After the election, we will travel to the Netherlands and then go to Lisbon and Madrid. I just think it's a great way to see new things and get to know new people. Aside from traveling, we love to hike. I think all these activities are a great way to spend time with my family.

What are your proudest legislative achievements throughout your career?
I have quite a few. As the Chair of the Subcommittee on Employment Opportunities for People with Disabilities, I've been fortunate to get some legislation over the finish line. One updated a 40-year-old law in the New York State Finance law that provides employment opportunities for people with disabilities, people who are blind, and so forth. It had a real impact on increasing the number of people with disabilities getting employment. I also got through this bill called the EmployAbility Pledge, which allows private employers to pledge to have an open and welcoming employment policy for people with disabilities. One of the things that I heard from employers is that when they hire people with disabilities, they find that they're among their most dependable, loyal employees. The unemployment rate for those with disabilities is outrageously high. So, I work closely with the executive branch, and I think the Governor is working hard to make New York State a state centered on ensuring individuals with disabilities can easily get a job.
I've also advocated for the FIRE HATE Act, enacted after Roe v. Wade was overturned. It was part of the Governor's legislative package and was intended to protect women who came to New York State for reproductive healthcare access and gender-affirming care.

As the Chair on Employment Opportunities for People with Disabilities, what issues do you see arising in 2025?
I'm sponsoring the Traveling with Dignity Act, which would require Thruways and other state highways to provide adult changing tables. We couldn't get it across the finish line this year, but we will be working on it next year. I'm also focusing on the single fiscal intermediary, which concerns how New York State funds long-term care. There was a significant change in how it's administered, and we want to make sure that it's done without people losing the benefits to which they're entitled. We will see if the recent change will save the state money, but the main thing from my standpoint is to ensure that people do not lose benefits or an interruption in benefits.
Education, Foundation Aid, and capital funding for the MTA will be hot issues in the budget talks next year. But I think we will all be able to work through them. I'm an optimist.
In my district, in particular, a lot of folks are interested in education, environment, infrastructure, cost of living, affordable housing, and funding for caregivers. I'm also interested in ensuring that the state assists municipalities and nonprofits in my districts that help marginalized communities. I think the most important work I do is to help residents dealing with state agencies, whether it's the Department of Labor or the DMV. And I can't do my job effectively without my staff. I am very proud of my staff.

While working on these vast myriads of issues, are there particular members with whom you see yourself collaborating or just hanging out?
I work closely with the chairs of committees on various issues. Deborah Glick, who chairs the Environmental Conservation Committee; Linda Rosenthal, who chairs the Housing Committee; and Rebecca Seawright, who chairs the People with Disabilities Committee. I also work closely with Dana Levenberg, one of my colleagues in the Hudson Valley. We have sponsored some bills to develop affordable housing together. In all, I work very closely with the Westchester Assembly Delegation. I work closely with Senator Pete Harckham and Shelley Mayer in the Senate.

Do you have proud moments while working in the Assembly?
Plenty. I love my work, especially when I know that I can make things a little better for the people of my district and New York State. I actually think that I am extremely fortunate to be a Member of the Assembly when I think that the Legislature is working really well. We have great leadership, and everybody strives to work together for the people of this state. A particularly proud moment has always been when we complete the Budget, a responsible budget that provides health for the people in my district and the people of the state.

Any last comment you want to mention?
One of the things that I would stress is that people really need to have and use their voices. When the needle has moved on a specific issue, that is only because people use their voices and work together. People's voices really matter, and I really urge people to be involved and pay attention. Everyone has a busy life, but contacting your legislator or the Governor can make a big difference—even if it's a quick email.

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

Hochul announced the disbursement of $25 million to volunteer firefighters for facility and response capability improvements. The disbursement through the Volunteer Fire Infrastructure & Response Equipment Grant Program is being awarded to 88 volunteer fire companies across the state. The grant program and the recent awards aim to alleviate the financial burden of volunteer fire companies when procuring adequate and up-to-date equipment, such as PPEs, decontamination equipment, and exhaust removal systems. The grant program also supports the consolidation of fire service resources through regionalization efforts to improve local, county, and statewide response efforts, building upon Hochul’s commitment to improve the effectiveness of first responders in the state while easing their financial burden.

At the annual SOMOS conference last week, Hochul announced new initiatives to strengthen the state’s collaboration with Puerto Rico:

Supporting Youth In Need: OSCFS is providing a $1 million grant to the Hispanic Federation for Flamboyan Arts Fund, which supports arts education in Puerto Rico
Disaster Preparedness Funding: The state is providing $300,000 to Puerto Rico to strengthen disaster response infrastructure by deploying more than 50 State Police officers, directing DHSES to assist Puerto Rican emergency management officials, and providing annual maintenance on emergency generators.

This builds upon the state's previous actions to increase its partnership with Puerto Rico, including the New York State and Puerto Rico Economic Opportunity Advisory Council. As of 2022, over a million Puerto Ricans live in the state, with 70% of the state’s Puerto Ricans living in NYC. “More than one million Puerto Ricans call New York home and have contributed in fields like academia, arts, business, and sports. These new initiatives will strengthen the ties between New York and Puerto Rico for generations to come,” explained Hochul.

On Tuesday, Hochul joined Hillary Clinton in a fireside chat to discuss emerging threats to public and private’s digital infrastructure. The fireside chat on cybersecurity comes as the state faced numerous cyber-attacks on the states and private digital infrastructure, including one on the Legislative Bill Drafting Commission in April that led to hackers obtaining financial information of over 700 state employees. Recently, the DOH has adopted regulations requiring general hospitals to implement a written cybersecurity program, which was part of Hochul’s 2023 Cybersecurity Strategy. “We've had attacks on hospitals here in the State of New York… So, I view this as just an important part of my responsibility as the Governor of New York,” explained Hochul.

With Amtrak’s decision to reduce services between Hudson Valley and NYC along the Empire Service Line, Hochul sent a letter to the Chairman and CEO of Amtrak urging them to restore the services and explore viable alternatives to forgo the service cuts. The service cuts, estimated to impact two million passengers per year, were implemented to undertake a rehabilitation project of the East River Tunnel due to aging infrastructure and severe climate events. While Hochul supports the rehabilitation project, she urges Amtrak to consider “several mitigation strategies… including proposals to restore service through operation of some trains to Grand Central Terminal or via another feasible alternative, or by expanding the trains that operate in the New York City–Albany market to six cars.”

With wildfires impacting Orange and Ulster Counties and Red Flag Warnings for risk of fire issued in regions of the state from the Capital Region to Long Island, Hochul announced a statewide burn ban until November 30th. The recent wildfires are the largest in the state since 2008 and have caused a decrease in air quality across the Capital Region, Hudson Valley, NYC, and Long Island. The wildfire has resulted in one State Parks employee’s death in Orange County. “I’m incredibly grateful to the first responders and those on the frontlines that are working around the clock to stop the spread of these fires to protect their fellow New Yorkers… I urge everyone to heed our warnings as we continue to take the necessary precautions to keep all New Yorkers safe,” said Hochul.

Joined by AG Letitia James, Hochul outlined the state’s agenda in anticipation of the upcoming President-Elect Donald Trump’s administration. To strengthen the partnership between various state agencies, Hochul announced the new Empire State Freedom Initiative to address potential federal legal challenges against the state’s reproductive, gun safety, immigration, civil liberties, and environmental laws. However, Hochul also invite Trump to work with the state on infrastructure projects, new microchip manufacturing, and repealing the elimination of the SALT deductions. “I’ll work with him or anybody regardless of party on these kinds of efforts that I know will benefit the state of New York,” explained Hochul.

LEGISLATIVE UPDATES

Leaders of the Legislature Say Special Session is Unlikely

After California Governor Gavin Newsom convened a special session for December, many lawmakers and advocates raised the possibility of a special session to “Trump-proof” the state’s immigration and civil rights policies. Assemblymember Jessica González-Rojas, who represents a district with a large immigrant population in Queens, explained, “If there are undocumented families that, for example, might experience a crime, they may be fearful of calling the police because of collusion with ICE.”

However, Senate Deputy Leader Mike Gianaris and Assembly Speaker Carl Heastie explained that a special session is unlikely. “We will be in session starting in January through June, so we will have plenty of time to deal with things as they arise,” explained Gianaris. “I don’t even want to contemplate it,” said Heastie.

Division Of Budget's Mid-Year Report

In the state Division of Budget's mid-year report, the state projected a $3.2 billion in surplus funds available for the current fiscal year. The $3.2 billion in surplus funds due to higher-than-expected revenue collections lowered current and future budget gaps. However, the report warned that business tax collections have continued to fall below expectations and noted the uncertainty over the federal SALT cap, set to expire in 2026, would impact the state’s budget. Additionally, the report noted that the projected spending for Medicaid would significantly increase by FY 2028. Healthcare, education funding, and possible decrease in federal funding are expected to be top issues for next year’s budget negotiations.

Congestion Pricing Reintroduced

On Thursday, Hochul announced the anticipated reintroduction of congestion pricing. After pausing congestion pricing during the last week of session, Hochul explained that the amended plan would be implemented on January 5th with a new daytime toll of $9, which will be “enough to secure the $15 billion” for the MTA as required under state law. The amended plan would also offer discounts after 9 PM and for low-income commuters. Originally, congestion pricing was supposed to be implemented on June 30th with a daytime toll of $15.

With her announcement, many lawmakers praised the amended congestion pricing plan, with Senate Finance Chair Liz Krueger saying, “Implementing congestion pricing will close a massive, multi-billion-dollar hole in the MTA capital budget, which would otherwise have to be filled by taxpayers across the state.” Some lawmakers still expressed opposition and skepticism of the amended congestion pricing plan. Assembly Insurance Chair David Weprin, one of the leading advocates against the plan, said, “I praised Governor Hochul’s indefinite pause this summer, but it’s time to put a permanent end to this misguided program! New Yorkers are struggling, and the last thing they need is another new tax.”

Lawmakers Convene a Roundtable on Human Trafficking

In anticipation of lawmakers reconvening in January, Assemblymember and Chair of the Subcommittee on Human Trafficking, Jessica González-Rojas, convened a Roundtable on Human Trafficking in Jackson Heights, Queens. Joined by other local lawmakers and the Co-Chair of the Assembly Minority Task Force on Human Trafficking, Brian Maher, the task force heard testimonies from survivors, nonprofits, and local organizations on the issue of human trafficking in Jackson Heights and surrounding areas. During this year's legislative session, there has been a push to combat human trafficking by reforming state laws around prostitution, with one bill that would decriminalize prostitution and another bill that would shield people in the sex trade from prosecution while prosecuting sex buyers.

Lawmakers Introduce Bill to Curb NYC Mayor's Power

Amidst the disagreement between NYC Mayor Eric Adams and the City Council over the City Charter Revision Committee’s now-approved ballot proposals, Assemblymember Tony Simone and Senator Liz Krueger introduced a bill that would ensure that the future Charter Revision Commission’s ballot proposals would not take precedence over ballot proposals put forward by the City Council or voters’ petition. The bill came after Adams’ Charter Revision Commission convened for new ballot proposals right before the City Council could put their proposals for NYC voters that Adams opposed. With Adams’ ballot proposals mostly approved, the City Council might advocate for lawmakers to pass the bill in the upcoming session.

2024 Election Updates

In the Senate, incumbents statewide were largely able to fend off their challengers. The only Senator to be unseated was Iwen Chu, who lost to Republican challenger Steven Chan. After all the votes are counted and made official by the local Board of Elections, it is expected that the Democrats will hold 41 seats, while the Republicans hold 22 seats.

In the Assembly, there were some successes against incumbents. But many incumbents were able to hold on to their seats, including from well-coordinated campaigns. In total, it is expected that the Democrats will retain their supermajority in the Assembly with 103 seats, while the Republicans will have 47 seats.

South Brooklyn Districts Continue to Vote Republican

In the southern Brooklyn majority Asian 17th Senate District, Republican Steven Chan appears to have defeated Senator Iwen Chu by almost 10% as of Thursday afternoon. Steven Chan, a retired US Marine and former NYPD Sergeant, explained that he would focus on “personal responsibility and community investment” when he takes office in January. While Chu has high name recognition in the district, Senator Brian Kavanagh, who campaigned with Chu, explained that the area that the district encompasses “has been trending Republican.”

Similarly, coordinated Democrat challenges against Republican Assemblymembers Michael Novakhov and Alec Brook-Krasny, representing Assembly districts that Chu’s district encompasses, appear to defeat their challengers. “Kings County overwhelmingly made their voices heard and demanded real change in their state government,” applauded Republican Senate Leader Rob Ortt.

Chris Ryan Declares Victory

Yesterday afternoon, Republican Nick Paro conceded the race for outgoing Senator John Mannion’s Syracuse Metro Area-based Senate seat to Democrat Chris Ryan. Last week, Ryan led Paro by 548 votes or less than 0.5%, resulting in a potential automatic recount. However, by Friday afternoon, Ryan was leading Paro 48.87% to 48.02%, which falls outside the 0.5% margin that automatically triggers an automatic recount by state law. While conceding the race to Ryan, Paro said that the race shows “that Central New Yorkers crave a collaborative leader who will work across the aisle to deliver for our community.” The race between Ryan and Paro was considered one of the most competitive Senate races in the state.

Hudson Valley Races

In the Hudson Valley-based Senate and Assembly races, all incumbents but Republican Assemblymember John McGowan were able to defeat their challengers. Democrat Aron Wieder, a Rockland County Legislator, defeated McGowan by more than 7%. The district has been considered purple, with McGowan succeeding then-Assemblymember Mike Lawler in 2022, who unseated Democrat Ellen Jaffee in 2020. Wieder explained that his focus on addressing community-specific issues resulted in his victory.

In the two notable Senate races, Republican Senators Bill Weber and Rob Rolison defeated their Democratic challengers. Weber defeated former Senator Elijah Reichlin-Melnick in a rematch by about 10,000 votes. In 2022, Weber unseated Reichlin-Melnick by over 3,000 votes. Rolison fended off his Democratic challenger, Democratic Leader of Dutchess County Yvette Valdés Smith, by about 2% or about 3,000 votes. Weber and Rolison both accredited their victory to their work on addressing community-specific issues.

Long Island Assembly Races

On Long Island, Republican Daniel Norber defeated Assemblymember Gina Sillitti in the lone Democrat upset. While the Republicans were able to pick up Sillitti’s seat, Republican Joe Cardinale was unable to defeat Democrat Kwani O’Pharrow for the outgoing Democratic Assemblymember Kimberly Jean-Pierre's seat. Additionally, Democrat Judy Griffin defeated incumbent Brian Curran in their third race with one another. Griffin first unseated Curran in 2018 and served the district until Curran defeated Griffin in a rematch in 2022. In a race that is still too close to call, Democrat Rebecca Kassay is leading incumbent Ed Flood by about 200 votes as of Thursday afternoon. With affidavit and mail-in ballots still counting, Kassay said, “This might take until late November.”

Republican Patrick Chludzinski Unseats Assemblymember Monica Wallace

For the Erie County-based Assembly district, Republican Patrick Chludzinski defeated Monica Wallace by 4%. Chludzinski ran on a public safety platform and explained he would use his past experience as a detective in the Cheektowaga Police Department’ to address the concern of crime in the district. “I understand the concerns of the residents and certain changes in New York State laws that have affected our crime and public safety aspect," said Chludzinski.

Congressional House Elections

For the state’s seven swing House districts, Democratic candidates appeared to unseat three freshman Republicans. Congressmember Brandon Williams, considered one of the most vulnerable incumbents, was defeated by Senator John Mannion by about 8%. In the Hudson Valley, Democrat Josh Riley defeated Congressmember Marc Molinaro in a rematch by about 2%. On Long Island, Democrat Laura Gillen defeated Congressmember Anthony D’Esposito by about 2%.

In the remaining four swing House districts, incumbents were able to retain their seats. On Long Island, Congressmember Tom Suozzi was able to fend off a challenge by Republican Mike LiPetri. Congressmember Nick LaLota was also able to fend off a challenge by Democrat John Avlon. In the Hudson Valley, Congressmember Mike Lawler defeated Mondaire Jones by about 7% as of Thursday afternoon. Lastly, Congressmember Pat Ryan defeated Republican Alison Esposito by about 14%.

Donald Trump Elected to be the 47th US President

After Donald Trump was projected to win all of the battleground states of Arizona, Georgia, Michigan, Nevada, North Carolina, Pennsylvania, and Wisconsin, he has become the second President in US history to serve non-consecutive terms after Grover Cleveland. Additionally, Trump is the first GOP presidential nominee to win the popular vote since 2004. With Trump’s transition in full swing, he has tapped House Republican Chair Elise Stefanik for US Ambassador to the UN (which would lead to a special election for her seat), former GOP nominee for Governor Lee Zeldin to head the EPA, and former State Police officer Tom Homan as the Border Czar. State GOP Chair Ed Cox and Senate Republican Leader Rob Ortt praised Trump’s choices, with Cox saying, “People who make it here in New York — in any part of New York — have to be very strong individuals.”

Prop 1 Approved

Alongside the elections of lawmakers up and down the ballot, voters statewide voted in favor of Proposition 1 by a margin of about 2 million votes. Dubbed the Equal Rights Amendment, the approved ballot proposal codifies protections based on “ethnicity, national origin, age, disability, and sex — including sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes, reproductive health care, and autonomy” into the state constitution. Previously, the state constitution only barred discrimination based on “race, color, creed or religion” under the Equal Protection Clause.

Opponents of the ballot proposal argue that it will allow non-US citizens to vote or lessen parents’ voices in their children’s school activities or medical care. Supporters explain that the approval of the ballot proposal will enshrine the right to an abortion or gender-affirming care in the state and create additional hurdles if a future Legislature seeks to repeal it.

NYC Voters Approve Most of Eric Adams' City Ballot Proposals

In addition to Proposition 1, NYC voters approved four of the five city ballotproposals by NYC Mayor Eric Adams’ Charter Revision Commission. With the newly approved ballot measures, the process for how the City Council proposes and approves bills has been altered, and DSNY has more autonomy over how it cleans city streets. The only ballot measure that the city voters rejected would have given broad powers to the mayor over MWBEs, film permits, and archive review boards. About the voters’ approval, City Council Speaker Adrienne Adams explained that the ballot proposals were “inaccurately worded” and “misled” the voters.

NYC Council Passes the FARE Act

On Wednesday, the NYC Council passed the FARE Act, which would require landlords to pay broker fees instead of renters. “This bill is common sense. It replicates how every other transaction exists in this country: Whatever you hire or order, you pay for,” explained Councilmember Chi Ossé, the bill’s sponsor. While the bill passed with a veto-proof majority of 42-8, Mayor Adams has not indicated if he will sign it as he expressed some concerns surrounding the bill, including increased cost of rent. Opponents of the bill indicated that they might file a lawsuit to stop the implementation of the bill if Adams enacted it into law.

Fall Fungal Frolic Fundraiser

D&A client, New Yorkers for Mental Health Alternatives (NYMHA), recently hosted their first Fall Fungal Frolic Fundraiser. The event was attended by advocates and featured live music, food from local chefs, and an educational panel detailing the importance of increasing access to psilocybin-containing mushrooms. One of the panelists, a former 9/11 firefighter, explained that psilocybin was able to help deal with cluster headaches, which the panelist had dealt with since serving in the recovery at Ground Zero. NYMHA is currently supporting a variety of legislative initiatives on the issue.

Firm Spotlight

The D&A Team has again been named in City and State's Top 50 State Lobbyist list! We are proud of the work we do for our clients and thank our exceptional clients for placing their confidence in us. Excerpt from the list below.

Eglantina Haxhillari, Senior Vice President, Government Relations

Mike Avella Jr., Senior Vice President, Government Relations

Biggest achievement:

We’re happy to say we had many successes this last year, but one that stands out is our ability to secure additional, much-needed money for security for nonpublic schools. Our staff worked tirelessly on this issue, and with the support of the governor and state Legislature, our firm was able to achieve unprecedented success in this area.

Key industries: Pharmaceutical and health care issues, technology, voting and elections, education, labor, sports and entertainment

Notable clients: New York Yankees, Hotel and Gaming Trades Council, Carvana, Novartis

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