Plugged In @ Hinman Straub – May 1, 2018

Coverage of Albany and New York State government – May 1, 2018

  • Governor Proposes Ban on Plastic Carryout Bags
  • Brooklyn Senator Will Continue to Caucus With GOP
  • Three Majority State Senators Will Not Run for Re-Election
  • April 24th Special Election Results
  • Governor Announces Solicitation for Large Scale Renewable Energy Projects
  • Governor Issues Cease and Desist Letter to ICE
  • State Comptroller Releases Analysis of Enacted State Budget
  • Governor Announces Launch of Eighth Round of Regional Economic Development Council Competition
  • Assembly Health Committee Holds Hearing on ‘Aid-in-Dying’ Legislation
  • Environmentalists Rally in Albany, Call for 100 Percent Renewable Energy
  • Political Update
  • Coming Up

Governor Proposes Ban on Plastic Carryout Bags

Last Monday, Gov. Cuomo announced that he has submitted a program bill that would ban all single-use, plastic carryout bags at any point of sale in the state.  The bill exempts garment bags, trash bags and any bags used to wrap or contain certain foods, such as fruits and sliced meats. If approved by the Legislature, the ban would go into effect on January 1, 2019, and would pre-empt any local laws on the issue. (Read the bill and sponsor’s memo.)

Gov. Cuomo said:

“The blight of plastic bags takes a devastating toll on our streets, our water and our natural resources, and we need to take action to protect our environment.  As the old proverb goes: ‘We did not inherit the earth, we are merely borrowing it from our children,’ and with this action we are helping to leave a stronger, cleaner and greener New York for all.”

A number of environmental groups said that the bill does not go far enough, and urged him to also impose a few on paper bags.

Brooklyn Senator Will Continue to Caucus With GOP

Last Tuesday, State Senator Simcha Felder (D-Brooklyn) said that he will continue caucusing with the Senate’s Republicans.  His decision means that the Senate Republicans will retain control of the State Senate at least through the end of 2018.

In April, Gov. Cuomo brokered an agreement in which the Senate’s eight-member Independent Democratic Conference (IDC) rejoined the mainline Senate Democratic Conference led by Senator Andrea Stewart-Cousins (D-Yonkers).

But Senator Felder, who has caucused with the Senate GOP since he first took office in 2012, has not joined with the Democrats, leaving them without the 32 votes required to maintain a majority.

Senator Felder said:

“I always try to do what is best for my constituents and New Yorkers. With only 25 days remaining in this year’s legislative session, I believe it is my obligation to prevent an unprecedented and uncertain late session political battle that will only hurt my constituents and New Yorkers….Therefore…I will continue to caucus with the Majority Coalition.  This issue is best resolved outside of the legislative session and I look forward to revisiting it after session.”

On Wednesday, after Senate Democrats won two special elections to give them 31 members, Gov. Cuomo sent an open letter to Senator Felder strongly urging him to join the Democratic Conference. He wrote:

“Let me say that the Democratic conference will not need you in November the way they need you now.  I believe there will be additional Democrats who win and are seated for the next Legislature. You have said that you act in the best interest of your constituents. For their benefit, now is the time that matters.”

The Governor said that said Democratic control of the State Senate is needed to enact needed legislation such as the Child Victim’s Act, gun control measures and ethics and campaign finance reforms.

With the Senate so closely divided, it does not appear that much will get accomplished in the last eight weeks of the 2018 legislative session.

Three Majority State Senators Will Not Run for Re-Election

Last week, three members of the Senate’s Republican Majority announced that they will not for re-election this fall.

Senator John DeFrancisco, the Senate’s deputy majority leader who launched (and has since suspended) a bid for Governor, said that he will not seek re-election. He was first elected to the Senate in 1993.  The 50th Senate District includes part of Onondaga County and a portion of Cayuga County.  While this seat has been in Republicans hands for decades, the Democrats view it as a pickup opportunity.

Senator Kathy Marchione (R– Saratoga County) said on Thursday that she plans to retire after three terms.   The 43rd Senate District includes parts of Rensselaer, Saratoga and Washington counties and all of Columbia County. The seat is considered a “safe” Republican district.

On Friday, Senator John Bonacic (R-Orange County) announced that he will not run for re-election this fall after serving for 20 years.  The 42nd Senate District includes Sullivan County, ten towns and two cities in Orange County, six towns in Ulster County, and six towns in Delaware County. The Democrats also see this seat a pickup opportunity – there are about 11,000 more Democrats than Republicans, but there also some 43,000 unaffiliated voters.

Senate Majority Leader John Flanagan (R-Suffolk) said:

“I am confident that our Republican Majority will field excellent candidates in each of these districts, which have all been represented by Republicans for many many years. New Yorkers know that our Majority is the only thing standing in the way of the New York City politicians implementing an agenda that will hurt our economy and make life more difficult for hardworking middle-class taxpayers. We will succeed in November and maintain our Majority so the true priorities of New Yorkers continue to be put first.”

April 24th Special Election Results

Last Tuesday, special elections were held to fill vacancies in two State Senate districts and nine Assembly districts.  With the exception of the 10th Assembly District in Suffolk County, every winning candidate was from the same party as the person who preceded them.

Senate District 32 (Bronx) — Democrat Luis Sepulveda, who has served in the Assembly since 2012, was elected to fill this seat.  He replaces Ruben Diaz, who now serves on the New York City Council. His election to the Senate has caused an Assembly vacancy that will be filled in November.

Senate District 37 (Westchester) – Democrat Shelley Mayer won an expensive and high profile race to fill this seat. She replaces fellow Democrat George Latimer, who now serves as Westchester County Executive. Her election to the Senate has caused an Assembly vacancy that will be filled in November.

Assembly District 5 (Suffolk County) – Republican Doug Smith won the race to replace Al Graf, who left the Assembly to become a judge.

Assembly District 10 (Suffolk County) – Democrat Steve Stern won the race to replace Republican Chad Lupinacci, who now serves as Huntington Town Supervisor.

Assembly 17th District – (Nassau County) – Republican John Mikulin won the race to replace Thomas McKevitt, who was elected to the Nassau County Legislature.

Assembly District 39 (Queens) – Democrat Ari Espinal was elected to replace Francisco Moya, who now serves on the New York City Council.

Assembly District 74 (Manhattan) – Democrat Harvey Epstein was elected to replace Brian Kavanagh, who was elected to the State Senate last fall.

Assembly District 80 (Bronx) – Democrat Nathalia Fernandez was elected to replace Mark Gjonaj, who now serves on the New York City Council.

Assembly District 102 (Schoharie, Otsego, Delaware, Greene, Columbia, Ulster and Albany) – Republican Christopher Tague was elected to replace Pete Lopez, who left the Assembly to become the regional administrator at the U.S. Environmental Protection Agency last fall.

Assembly District 107 (Rensselaer and Columbia) – Republican Jake Ashby won the race to replace Steve McLaughlin, who was elected Rensselaer County Executive.

Assembly 142nd District (Erie County) – Democrat Erik Bohen, running on the Republican and Conservative lines, won the race to replace Democrat Mickey Kearns, who now serves as Erie County Clerk.  Bohen has indicated that he plans to sit with the Assembly Democrats, but it is not clear that they will allow him to do so.

Governor Announces Solicitation for Large Scale Renewable Energy Projects

On Wednesday, Gov. Cuomo announced a state solicitation for up to 20 large-scale renewable energy projects.  The solicitation is expected to support 1.5 million megawatt-hours of renewable electricity per year, enough to power 200,000 homes, spur up to $1.5 billion in private investment and create more than 1,000 new jobs.

Gov. Cuomo said:

“This administration continues to champion renewable energy projects across New York, and this is a major step forward in our efforts to create clean jobs and set an example for the rest of the nation.  With this action we will continue to capitalize on our natural assets, expand economic opportunities and lay the groundwork for a cleaner, greener New York for generations to come.”

Governor Issues Cease and Desist Letter to ICE

On Wednesday, Gov. Cuomo announced that he has issued a cease and desist letter to the U.S. Immigrations and Customs Enforcement (ICE) “to demand the immediate stop of their reckless and unconstitutional enforcement actions or he will commence legal action.”  The Governor also modified an executive order that he previously issued to prohibit ICE arrests in state facilities without a warrant.

The Governor’s letter was sparked by ICE’s raid of a farm on Rome, NY, where officials arrested an immigrant worker.  In his letter, the Governor said that ICE’s “irresponsible patterns of conduct” targeting immigrants jeopardizes public safety.

Gov. Cuomo said:

“The reckless and unconstitutional practices ICE is deploying in our communities violate everything we believe in New York and are an assault on our democracy.  I demand ICE immediately cease and desist this pattern of conduct, and if they fail to do so, I will pursue all available legal recourse and commit to doing everything in my power to protect the rights and safety of all New Yorkers. In New York, where Lady Liberty holds her torch high, we will defend our democracy and protect the rights and safety of all New Yorkers.”

Assembly Health Committee Holds Hearing on ‘Aid-in-Dying’ Legislation

Last Monday, the Assembly Health Committee held the first of two public hearings Monday on the Medical Aid in Dying Act, which would allow doctors to prescribe lethal medication to terminally ill patients who have less than six months to live who wish to end their lives.  Lawmakers heard from patients and their families, health care providers, legal experts, medical ethicists and religious leaders.

Supporters of the bill argue that a doctor-assisted death may be the only alternative to a lengthy and painful death and unnecessary suffering. Opponents refer to the measure as “physician-assisted suicide,” and say that it could be used inappropriately.  Some argue that assisted suicide poses a threat to those living with disabilities, as pressure can be placed on those in such vulnerable circumstances to use this option.

The Assembly will hold a second hearing on the issue in Manhattan on May 3.

State Comptroller Releases Analysis of Enacted State Budget

On Friday, State Comptroller Tom DiNapoli released his analysis of the state’s 168.3 billion 2018 budget for 2018-19. His report notes that the enacted budget increases funding for education, health care and other programs, but allows more borrowing and limits transparency of state spending.

Comptroller DiNapoli said:

“On the positive, this year’s enacted state budget tackles the tax changes from Washington and gives private-sector workers more options for saving for retirement.  But I am concerned that the budget expands public authority backdoor borrowing and fails to build up rainy day reserves. While revenues are currently strong, it’s important to monitor trends moving forward including the ongoing impact of federal tax and budget actions.”

Governor Announces Launch of Eighth Round of Regional Economic Development Council Competition

On Thursday, Gov. Cuomo announced the launch of the eighth round of the state’s Regional Economic Development Council (REDC) initiative. The Consolidated Funding Application will begin accepting applications on May 1. The eighth round of the REDC initiative will results in awards of some $750 million in state funding and tax incentives, including up to $150 million in capital grants and up to $75 million in Excelsior Tax Credits for projects and activities identified by the Councils as regional priorities in their communities

Gov. Cuomo said:

“The Regional Economic Development Councils have redefined how economic development is done in New York State, creating new jobs, stronger local economies, and more unified regions,” Governor Cuomo said. “We are once again empowering regions to chart their future, while providing the necessary tools to implement their vision for community and economic growth, creating a positive impact across the Empire State.”

Environmentalists Rally in Albany, Call for 100 Percent Renewable Energy

About 1,000 environmental activists marched to the Capitol last Monday, where they called on Gov. Cuomo to block all new natural gas infrastructure in the state and to put into state law a requirement that the state set a goal of 100 percent renewable energy by 2050 and impose a tax on emissions to fund the transition.  Cynthia Nixon, the Governor’s Democratic primary challenger, participate in the event.

Gov. Cuomo has set a goal of the state using 50 percent renewable electricity by 2030 and 80 percent by 2050. Some environmental activists are concerned that these goals are not set in state law, and that they are not ambitious enough.

A spokesperson for the Governor’s re-election campaign said:

“The governor has led the nation in combating climate change from banning fracking to one of the most aggressive clean energy standards in the country to closing down dangerous Indian Point to the single largest procurement of renewable energy in our nation’s history and the first multi-state cap and trade system to lower carbon pollution. We welcome anyone to this critical effort as we work to protect our environment for future generations and create a cleaner, greener New York.”

Political Update

North Hempstead Councilwoman to Challenge Phillips in Nassau County’s 7th Senate District

On Friday, Democratic North Hempstead Councilwoman Anna Kaplan announced that she plans to challenge State Senator Elaine Phillips (R-Flower Hill) in a race that could determine which party controls the State Senate in 2019.

Phillips, a former Mayor of Flower Hill, is in her first term.  Democrats outnumber Republicans in the district, with 24,000 more active voters than Republicans, though there are also more than 56,000 unaffiliated voters.

Fellow Democrat Brad Schwartz has also said that he plans to run for the seat.

DeFrancisco Suspends Campaign for Governor

Last Wednesday, State Senator John DeFrancisco said that he has decided to stop actively campaigning for governor after a number of his key supporters switched sides to back Marc Molinaro for the Republican nomination.

Hikind Will Not Run for Re-Election

Last Wednesday, Assemblyman Dov Hikind (D-Brooklyn) announced that he will not run for re-election this year. He was first elected to the Assembly in 1983.

The 48th Assembly District includes Borough Park and Midwood.

Winners & Losers

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

Coming Up

The Legislature is in session through Wednesday this week.

The state Board of Elections holds its next meeting on May 3.

Also on May 3, the Assembly Health Committee is holding a public hearing in Albany “to examine the practice of medical aid in dying, as well as potential legislation to authorize this practice.”

The state Board of Regents holds its next meeting on May 7 and 8.

The Public Service Commission (PSC) holds its next meeting on May 17.

The Joint Commission on Public Ethics (JCOPE) holds its next meeting on May 22.

Also on May 22, the Senate Health and Insurance committees and the Senate Heroin Task Force are holding a public meeting in Albany to explore access to and coverage of opioid antagonists, such as Naloxone.

On May 23 and 24, both major political parties are holding their respective conventions to designate candidates for governor, lieutenant governor, attorney general and comptroller. The state Republican Party will meet in Manhattan, while the state Democratic Party will meet in Uniondale, Long Island.