Plugged In @ Hinman Straub – January 25, 2017

  • Governor Releases 2017-18 Executive Budget Proposal
  • Governor Nominates Rowan Wilson to Serve on Court of Appeals
  • Governor Announces ‘Affordable New York’ Housing Program
  • Senate Passes Bill to Pre-Empt NYC Bag Fee
  • Assembly Passes Reproductive Health Act, Contraception Coverage Bill
  • Business Council Releases 2017 Agenda
  • Profiles of Newly Elected State Legislators
  • Meet Hinman Straub’s New Government Relations Team Members
  • Political Update
  • Coming Up

Governor Releases 2017-18 Executive Budget Proposal

Last week, Gov. Cuomo released his 2017-18 state spending plan.  In break from recent practice, the Governor presented his budget plan in separate closed briefings to Assembly and Senate lawmakers at the Executive Mansion on Tuesday, followed by a broadcast of a presentation to reporters and public release later that evening.

The 2017-2018 Executive Budget proposal calls for overall state spending of $152.3 billion, a 1.9% increase over the current fiscal year.  State operating fund spending would total $98 billion.  The most significant aspect of the proposal appears to be a proposed three-year extension of the so-called millionaire’s tax, which is set to expire this year.  The Governor is seeking to extend the top personal income tax bracket for three years.  The Senate leadership has expressed initial opposition to the proposed extension, while the Assembly has indicated that it may push to increase state tax rates on high earning residents.

Other highlights of the 2017-2018 Executive Budget proposal include:

  • $2 billion over five years for clean water infrastructure;
  • $500 million for a second phase of the ‘Buffalo Billion’ economic development program;
  • legalizing app-based ride hailing services throughout the state;
  • making SUNY and CUNY tuition-free for families earning up to $125,000 annually;
  • taking steps to control the rising cost of prescription drugs;
  • taking further steps to address the heroin/opioid epidemic;
  • a seventh round of the Regional Economic Development Council (REDC) process;
  • establishing a preference for American-made products and materials in state procurement contracts;
  • various criminal justice reforms, including bail reforms and raising the age of criminal responsibility from 16 to 18; and
  • various ethics, campaign finance and procurement reforms, including limiting lawmakers’ outside income; closing the LLC loophole; an optional system of public financing of campaigns; and appointment of a Chief Procurement Officer.

The Governor has until February 16 to submit amendments to his budget proposal.

Over the next several weeks, the Assembly and Senate will conduct joint hearings on the proposal – by agency and issue area – and negotiations with the Governor usually commence thereafter.  Budget hearings will begin on Tuesday, January 24.

New York State’s 2017-2018 fiscal year begins on April 1, 2017.

Governor Nominates Rowan Wilson to Serve on Court of Appeals

Governor Cuomo has nominated Rowan Wilson to serve as an Associate Judge of the New York State Court of Appeals, the state’s highest court.  Mr. Wilson is a commercial litigator at the law firm of Cravath, Swaine & Moore, where he also leads the firm’s pro bono work.

If approved by the State Senate, he will be the second African-American serving on the Court, and the first Long Island resident on the Court since 1993.  With this nomination, Gov. Cuomo will have appointed all seven members of the Court of Appeals.

Gov. Cuomo said:

“The New York State Court of Appeals embodies the highest values of government service, and I am confident Rowan Wilson will continue to articulate and uphold the principles of law and fairness that embody the best of New York.  With decades of experience in complex commercial litigation and his leadership role in the firm’s pro bono work, I am confident he has the intellect, integrity, and compassion we need to continue moving New York forward.”

Governor Announces ‘Affordable New York’ Housing Program

Last week, Gov. Cuomo announced he will propose legislation to create the “Affordable New York” housing program in New York City after the Real Estate Board of New York (REBNY) and the Building and Construction Trades Council of Greater New York reached agreement on what is commonly called the 421-a program.

Under the Governor’s proposal, developers of new residential projects with 300 units or more in certain areas of Manhattan, Brooklyn and Queens who create a specific number of ‘affordable’ rental units and pay construction workers a certain level of wages and benefits will be eligible for a full property tax abatement for 35 years. For all other affordable developments in New York City, the period of affordability and abatement eligibility would be tied to the number of affordable units.

Gov. Cuomo said:

“This agreement will help fulfill the real need for more affordable housing in New York City while recognizing the work of the employees who build them.  This agreement will expand housing opportunities for low-income individuals by lowering income eligibility requirements, and extend affordability for projects created with 421-a for an additional five years. This is a major step forward in our efforts to provide affordable housing in New York City and ensuring benefits and fair wages are paid to hardworking men and women.”

Senate Passes Bill to Pre-Empt NYC Bag Fee

The state Senate has approved legislation that would prohibit New York City from requiring retailers to impose a 5-cent fee on disposable plastic and paper bags.  The fee, which is scheduled to go into effect on February 15, was initially delayed after it was passed last year. The law was delayed when state legislators threatened to pre-empt it last June.

Senator Simcha Felder (D-Brooklyn) said:

“Many families have a hard time just getting by, paying for groceries, rent and heat, and now the Mayor wants to shake them down every time they shop just for the privilege of using a plastic bag. Mayor de Blasio, please do not nickel-and-dime New Yorkers with another tax. This will hurt lower- and middle-income families who already struggle. I’m asking New Yorkers to stand up and tell the Mayor that this bag tax has to go.”

The city’s disposal bag fee was originally scheduled to take effect last October, but the City Council agreed to delay it until February.  Assemblyman Michael Cusick (D-Staten Island) carries an identical bill in the Assembly, but it is not clear whether the Assembly will take up the bill.

Assembly Passes Reproductive Health Act, Contraception Coverage Bill

Last week, the Assembly approved two bills that are intended to protect women’s reproductive health rights and ensure access to affordable family planning.

The Reproductive Health Act (A.1748) would update state law, which pre-dates the U.S. Supreme Court’s decision in Roe v. Wade.  It provides that an appropriately licensed health care practitioner may perform an abortion during the first 24 weeks of pregnancy, when there is an absence of fetal viability, or when necessary to protect the patient’s life or health.

The Comprehensive Contraceptive Coverage Act (A.1378, Cahill), which was first proposed by  Attorney General Eric Schneiderman, would require health insurers provide cost-free contraceptive coverage as a part of their insurance policies.

Assembly Speaker Carl Heastie said:

“For years, we have been told by our colleagues in the Senate that these explicit state protections are not necessary because of existing federal law and Supreme Court decisions.  Now more than ever, it is very clear that those federal protections are in jeopardy and that New York must uphold our legacy as a progressive leader by protecting the most fundamental right of women to make their own decisions regarding reproductive choice and family planning. In order to achieve full equality, women must have full autonomy and equal access to contraceptives.”

The Senate is not expected to take up either bill.

Business Council Releases 2017 Agenda

Last week, the Business Council of New York State (BCNYS) released its 2017 Legislative and Regulatory Agenda, titled Back to Business.

The group’s 2017 priorities include:

  • Workers’ Compensation reform;
  • promoting energy infrastructure investments;
  • business tax reforms;
  • education and workforce development; and
  • reforming the State Environmental Quality Review Act (SEQRA) to provide more certainty in project reviews.

Profiles of Newly Elected State Legislators

Below are brief profiles of new state legislators.  Click on their name to go to their official biography.

Elaine Phillips, 7th Senate District (Nassau County) – Republican

Elaine Phillips was elected to succeed fellow Republican Jack Martins, who unsuccessfully sought a Congressional seat.  She worked as a Financial Analyst for Met Life and JP Morgan Securities and as a vice president in Institutional Sales for Goldman Sachs.  She has served as the Mayor of the Village of Flower Hill since 2013.

Her legislative priorities include reducing property taxes, protecting the environment and providing every child with an opportunity to succeed

Jamaal Bailey, 36th SD (parts of the Bronx and Westchester) – Democrat

Jamaal Bailey won a hotly contested primary race to replace fellow Democrat Ruth Hassell-Thompson, who resigned her Senate seat to join the Cuomo Administration. A Bronx resident, Bailey is a graduate of CUNY School of Law, SUNY Albany and the Bronx High School of Science.  He most recently served as community relations director for Assembly Speaker Carl Heastie.

His legislative priorities include giving increasing access to quality health care; revamping education to focus on the whole child as opposed to simply teaching to a test; criminal justice reform and increasing access to civil legal services.

Chris Jacobs, 60th SD (part of Erie County) — Republican

Republican Chris Jacobs won the race to fill the open seat that had been held by Democrat Marc Panepinto.  Jacobs previously served as Erie County Clerk.

His legislative priorities include ensuring that the region receives its fair share of funding from Albany to improve infrastructure, schools, and other critical needs.  He also supports ethics reform and job creation.

Stacey Pheffer Amato, 23rd Assembly District (part of Queens) – Democrat

Democrat Stacey Pheffer Amato was elected to replace fellow Democrat Phil Goldfeder, who did not run for re-election.  She worked for the FDNY and NYC Sanitation Department as a Procurement Analyst; more recently, she has worked as an education paraprofessional at the Waterside Children’s Studio School. She and her husband co-own a restaurant.

Her legislative priorities include improving public transportation; providing more funding for education; job creation; ensuring full funding for storm preparedness and making resiliency and recovery planning a priority in Albany.

Robert Carroll, 44th AD (part of Brooklyn) – Democrat

Robert Carroll was elected to replace fellow Democrat James Brennan, who did not run for re-election.  Carroll was president of the Central Brooklyn Independent Democrats, is a member of Community Board 7, and a member of the Park Slope Civic Council.  He is a practicing attorney at a Manhattan law firm.

His legislative priorities include ethics reform; promoting affordable housing and protecting tenants; increasing the amount of education funding the city receives from the state and improving mass transportation.

Inez Dickens, 70th AD (part of Manhattan) – Democrat

Inez Dickens, a member of the New York City Council since 2006, was elected to replace fellow Democrat Keith Wright.

Her legislative priorities include civil and human rights, social justice, wage equity, inclusion and diversity. She is committed to improving the quality of life of everyone in her community.

Brian Miller – 101st AD (parts of Delaware, Herkimer, Oneida, Orange, Otsego, Sullivan and Ulster counties) — Republican

Brian Miller was elected to replace fellow Republican Claudia Tenney, who a seat in Congress.  He has served as an Oneida County legislator  and as Bridgewater Town Supervisor.

His legislative priorities include reducing taxes and growing the economy; reducing unfunded mandates; overhauling Common Core and repealing the NY SAFE Act.

Joe Errigo, 133rd AD (Livingston County, and parts of Monroe and Steuben counties) – Republican

Joe Errigo was elected to replace fellow Republican Bill Nojay, who committed suicide in September.  Errigo previously served in the Assembly from 2000 through 2010.

His legislative priorities include ethics reform in Albany, ensuring that farmers to get a fair share of money and repealing or modifying the Safe Act.

Angelo Morinello, 145th AD (parts of Erie and Niagara counties) – Republican

Angelo Morinello defeated two-term incumbent Democrat John Ceretto.  Morinello is a retired Niagara Falls City Court Judge who has worked as in-house counsel for his family’s business, and as an assistant district attorney.

His legislative priorities include ethics reform and promoting workforce development programs.  He is committed to serving no more than three terms in office.

Meet Hinman Straub’s New Government Relations Team Members

Hinman Straub is pleased to welcome two new professionals to our Government Relations team, Matthew Leonardo and Wendy Saunders.

Learn more about our team of attorneys and policy experts here.

Political Update

Winners & Losers

Each week, City & State New York publishes a list of the week’s political “winners” and “losers.”  Read this week’s list here.

Coming Up

The legislative budget hearing on Workforce Development is being held today.

The Senate and Assembly are in session on Monday and Tuesday next week.

The Joint Commission on Public Ethics (JCOPE) holds its next meeting on January 31.

The Assembly Committees on Codes, Judiciary and Local Governments are holding a public hearing on government oversight of forensic science laboratories on February 8 in New York City.

The State Board of Regents holds its next meeting on February 13 and 14.