Plugged In @ Hinman Straub – May 23, 2018

Coverage of Albany and New York State government

  • Legislature Appoints Barbara Underwood as State Attorney General
  • New York to Sue Opioid Manufacturer
  • Governor Announces Regulations to End the Use of Coal for Energy Generation
  • Division of Budget Releases Updated State Financial Plan
  • Governor Announces Lyme and Tick-Borne Disease Control Plan
  • Profiles of Newly Elected State Legislators
  • U.S. Supreme Court Decision Clears Way for Sports Wagering in New York
  • Environmental Groups Push for Ban on Plastic Bags and Fee on Alternative Bags
  • Political Update
  • Coming Up

Legislature Appoints Barbara Underwood as State Attorney General

Yesterday, the state legislature met in joint session and appointed Acting Attorney General Barbara Underwood to serve as the state’s 66th Attorney General. She replaces Eric Schneiderman, who resigned earlier this month after four women accused him of physical abuse.

Attorney General Underwood, who has served as the state’s Solicitor General since 2008, is the first woman to serve in the position.  She previously served as the Acting Solicitor General of the United States, and as Principal Deputy Solicitor General. She has argued numerous cases before the U.S. Supreme Court, and has extensive appellate experience.  She has also held executive positions in the Office of the U.S. Attorney for the Eastern District of New York and in the Brooklyn and Queens District Attorney’s Offices.

She has said that she will not run for the position in the fall elections.

New York to Sue Opioid Manufacturer

Last Wednesday, New York’s Acting Attorney General announced that the state plans to sue Purdue Pharma, a leading opioid manufacturer, for allegedly encouraging physicians to prescribe its painkillers, then profiting off the patients who got hooked on the drugs.

Acting Attorney General Barbara Underwood said:

“After a lengthy investigation, we are preparing a lawsuit against Purdue Pharma for its alleged deception and reckless disregard for the health and wellbeing of New Yorkers. It is clear to us that Purdue profited by deliberately exploiting New Yorkers’ addictions, and by pushing healthcare providers to increase patients’ use and dependence on these potentially fatal drugs. In addition to our impending lawsuit against Purdue, our office will continue to lead the multi-state investigation of opioid manufacturers and distributors across the country.”

Governor Announces Regulations to End the Use of Coal for Energy Generation

On Thursday, Gov. Cuomo announced that the state Department of Environmental Conservation (DEC) has released proposed regulations that will require all power plants in New York to meet new emissions limits for carbon dioxide (CO2), a greenhouse gas that contributes to climate change. The regulations are intended to achieve the Governor’s goal of ending the use of coal in New York State power plants by 2020.

Gov. Cuomo said:

“While Washington continues an open assault on our environment, New York is leading the charge with bold climate action to protect our future. Coal is a relic of the past, and it’s time to step up, take action, and put an end to our need for fossil fuels and focus on cleaner, more green energy solutions for the survival of our planet and future generations.”

Division of Budget Releases Updated State Financial Plan

The state Division of the Budget (DOB) has released its financial plan for the recently enacted state budget, state fiscal year 2019.

DOB projects a $780 million budget deficit for fiscal year 2020 and $1.4 billion for fiscal year 2021. The future budget gaps are exacerbated by the expiring tax rate for high-income earners, which is scheduled to drop from 8.82 percent to 6.85 percent at the end of this fiscal year.

DOB also acknowledges that the IRS might not permit the tax code changes that were made in the recently-enacted state budget, which would allow New Yorkers to deduct donations made to new charitable trust funds and create a new payroll tax structure.  The enacted state budget allows taxpayers to claim reimbursement for interest on underpayments of federal tax liabilities that arise from participation in the new state programs.

Governor Announces Lyme and Tick-Borne Disease Control Plan

Last Tuesday, Gov. Cuomo announced a Lyme and tick-borne disease control plan to control tick populations on public lands, increase public awareness and access to available data, and create a working group to participate in a Lyme disease summit this summer. He said that he has directed the Department of Health, Department of Environmental Conservation, and the Office of Parks, Recreation and Historic Preservation to collaborate in order to target priority counties and public lands with the highest risk of tick exposure and Lyme disease.

Gov. Cuomo said:

“Lyme disease and other tick-borne illnesses are a major threat to the health and wellbeing of New Yorkers, and we are taking aggressive actions to help stop the spread of these disease.  With this control plan, New York is making a major commitment to research, awareness, and prevention of this public health crisis to keep New Yorkers safe and free of these preventable diseases.”

Profiles of Newly Elected State Legislators

Eleven legislative vacancies were in special elections held on April 24th.  All 63 Senate seats are occupied.  There are four Assembly vacancies in the 150-seat body.

In Nassau County’s 17th Assembly District, Republican John Mikulin won the race to replace fellow Republican Tom McKevitt. Mikulin, 30, who was a Hempstead deputy town attorney, hopes to address the opioid crisis,

In Manhattan’s 74th Assembly District, Democrat Harvey Epstein was elected to replace Brian Kavanagh, who won election to the State Senate last fall.  Epstein has been a public interest lawyer in New York City since graduating from CUNY Law School in 1994. His priorities include economic development and housing issues.

In the 80th Assembly District in the Bronx, Democrat Nathalia Fernandez was elected to replace Mark Gjonaj. She previously served as the Bronx regional representative for Gov. Cuomo.

In the 102nd Assembly District, a seven-county district that includes parts or all of Schoharie, Albany and Greene counties, Republican Chris Tague was elected to replace Pete Lopez. His legislative priorities include holding the line on taxes; supporting agriculture; addressing the heroin and opioid epidemic; and economic development and infrastructure.

In the Capitol Region’s 107th Assembly District, Republican Jake Ashby was elected to replace fellow Republican Steve McLaughlin. Ashby, a former Army captain from Castleton who served two tours of combat duty, works as an occupational therapist and college instructor. His legislative priorities include improving higher education, protecting veterans, lowering taxes and bringing an influx of people into New York State.

U.S. Supreme Court Decision Clears Way for Sports Wagering in New York

The U.S. Supreme Court has thrown out a federal law that banned commercial sports betting in most states, opening the door to New York State allowing wagering on sporting events.

In 2013, New York lawmakers approved language in that would permit sports betting at the state’s commercial casinos if the federal sports-gambling ban was struck down or repealed. That happened on Monday when the nation’s highest court ruled in favor of the New Jersey, which challenged the constitutionality of the federal ban.

Under New York’s 2013 law, commercial casinos are eligible to offer sports betting. But before they can do so, the state Gaming Commission must issue regulations and each casino must apply for a receive commission approval.

But two key state lawmakers have raised the possibility of passing a more comprehensive and expansive sports gambling law before the 2018 legislative session ends.

Senator John Bonacic (R-Orange County), chair of the Senate’s Racing, Gaming and Wagering Committee, has proposed a bill that would implement an 8.5 percent state tax on gross sports gambling revenue. His bill would also impose a 0.25 percent “integrity fee” that casinos would pay to professional sports leagues and the NCAA for each wager placed on their sporting events.  Assembly Racing Committee Chairman Gary Pretlow (D – Westchester) said that he expects a law to be approved before the end of the legislative session to extend sports betting to the state’s racetracks with video-lottery terminals and allow the facilities to take bets on games through mobile devices.

Environmental Groups Push for Ban on Plastic Bags and Fee on Alternative Bags

Last Monday, a coalition of environmental groups wrote to Gov. Cuomo, urging him to support a ban on single-use plastic bags and a fee on alternative bags this legislative session. (Read the letter here.)

They argue that “hybrid” legislation of this nature “is the most effective policy to reduce single-use plastic bag pollution.” In addition, they want a portion of the fee collected to be dedicated to state parks, environmental improvement projects and reducing potential impacts to low/moderate income communities.

Political Update

New York City Public Advocate Launches Campaign for Attorney General

Last Wednesday, New York City Public Advocate Letitia James launched her campaign for state Attorney General.  A former New York City Councilmember, she was elected to her current position in 2013.  She has also worked as an assistant attorney general and public defender.

In announcing her run, James said:

“Throughout my entire career I have been fueled by this idea that the law is our most effective tool in our quest for progress. And I have used it in my work defending our most vulnerable communities. I am proud of my record of uplifting hardworking people who deserve a fair shot, of ensuring that the powers of the law are used to move us ahead on a path of fairness.”

James said that she will not seek the Working Families Party (WFP) endorsement in the race.  In return, Gov. Cuomo is attempting to “clear the field” for her at next week’s state Democratic convention so that she will not have to face a primary opponent.

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

Today and tomorrow, 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.

On May 24, the Assembly committees on Judiciary and Health are holding a public hearing “to examine the issue of compensated gestational carrier surrogacy agreements.”

Monday is Memorial Day.

The Legislature is in session next Wednesday and Thursday, May 30 and 31.

On May 30, the Senate committees on Labor and Commerce, Economic Development and Small Business are holding a public hearing to examine the state’s Minority and Women-Owned Business Enterprises (MWBE) program, and consider potential legislative solutions to create a more effective and efficient program to enhance New York’s business climate.

The state Board of Regents holds its next meeting on June 11 and 12.

The Public Service Commission (PSC) holds its next meeting on June 14.

The 2018 state legislative session is scheduled to end on June 20.

The state Board of Elections holds its next meeting on June 25.