Plugged In @ Hinman Straub – October 11, 2019

What’s Inside

  • Legislative Calendar Released
  • Governor Announces Economic Development Projects in Syracuse
  • 2020 Complete Count Commission Release Report
  • Public Service Commission Orders National Grid to Service Natural Gas Customers Denied by Moratorium
  • Attorney General Granted Nationwide Preliminary Injunction Against Public Charge Rule
  • State Drops Appeals on Outside Income Rulings
  • Budget Director Weighs in on Rochester School District Issues
  • Gateway Commission Members Announced
  • S. Representative Nita Lowey Announces Retirement
  • Updates, Reminders, and Links
  • Coming Up

Legislative Calendar Released

The 2020 legislative session calendar was released by the Assembly this week with a notable departure from past precedent. This year, session will end on June 2nd, several weeks earlier than is typical. The calendar is front loaded, with more session days in January, February, and May, allowing for an earlier finish. The total number of session days for 2020 is 57, the fewest scheduled days since 2016, which also had 57 days. The change in the calendar is due to the timing of this year’s primary date, which used to take place in September, now scheduled for June 23rd.

Governor Announces Economic Development Projects in Syracuse

The Governor held a press conference in Syracuse this week, to announce two economic development projects for Central New York. Bankers Health Group, LLC will relocate and consolidate several of their Central New York operations in Syracuse. JMA Wireless committed to move the manufacturing of 5G equipment from Texas to downtown Syracuse. According to the Governor, these two companies will create more than 400 jobs altogether.

Bankers Healthcare Group and Capital Collection Management will construct and furnish a 100,000 square-foot facility at 300-324 Spencer Street in Syracuse. The $35 million project will include the demolition and remediation of the existing property, and the construction and full equipping and furnishing of the new facility. According to the press release, the combined initiative will result in the creation of 330 new jobs. New York State is assisting the project with a total investment of $11 million, which includes a $4 million capital grant and $7 million in Excelsior Jobs Tax Credits.

JMA Wireless, a 4G and 5G software-based technology company, will invest $25 million to create a 5G manufacturing center in downtown Syracuse. JMA will renovate the former Coyne Building and others located at Cortland Ave on the south end of Syracuse’s downtown. The 5G campus will manufacture the world’s first indoor 5G millimeter wave radio system. The project will create 100 jobs in a distressed neighborhood adjacent to downtown, these jobs will range from entry level to advanced engineering. New York State is providing a $5 million Upstate Revitalization Initiative grant to assist with this project.

Governor Cuomo said:

“We’re laser-focused on bringing major companies into Central New York and this announcement demonstrates our strategic, regionally based approach to economic development is bringing tangible results. By expanding into Central New York, these two companies will help transform the region, create new employment opportunities and generate even more economic momentum across upstate New York.”

2020 Complete Count Commission Release Report

The 2020 Complete Count Commission unanimously approved and released its long overdue report with recommendations for achieving an accurate and full census count for the upcoming federal census. The report, originally due for release in January of 2019, was delayed due to late appointments. Once situated, the commission held a series of public meeting to discuss issues surrounding obtaining an accurate result. Recommendations included in the final report include:

  • Direct enhanced support and assistance into hard-to-count communities. The Commission created a detailed tool to identify hard to count communities and their specific needs.
  •  Establish “NYS Census Assistance Centers” in every hard-to-count community in the state. The Department of Labor’s 96 Career Centers across the state should be leveraged as Census Assistance Centers with secure workstations where visitors can complete their online census questionnaires with staff capable of answering questions about the census. There is a SUNY campus within 30 miles of every New Yorker, and a public library within 5 miles of 99 percent of the hard-to-count communities. 
  • Maximize the use of trusted voices in communities at risk of an undercount. The Commission recommends private business and their associations, service organizations, healthcare organizations, organized labor, faith-based organizations have specific outreach plans based on the needs of their populations.
  • Continue to build trust with foreign-born and immigrant communities to complete the Census. Local governments, community-based organizations, schools, faith-based groups, unions, and other organizations must be committed to persuading these households to complete their questionnaire and ensure that they feel safe doing so. 
  • Youth-facing agencies and entities should promote the census to increase the count of children under 5. Children who live with their grandparents, stepparents, other relatives, foster parents, or other non-relatives are much more likely to be erroneously omitted than those living with biological or adoptive parents. 
  • Coordinate efforts with organizations that support New Yorkers living in group arrangements. The Commission recommends the state work with organizations like the Council of Independent Colleges and Universities, SUNY, CUNY, associations of nursing homes and hospitals, and other similar organizations to ensure that all Group Quarters in the state anticipate contact from the Census Bureau in early 2020. 
  • Ensure a complete count of persons experiencing homelessness. The Commission recommends that the state work with the school districts and the McKinney-Vento liaisons to ensure that this information will reach the families of homeless students so that they will be counted on Census Day. The State should also work with the Office of Temporary and Disability Assistance (OTDA) and community partners to ensure that there is explicit communication about the census to homeless individuals.

The Commission also recommends the following overall enhancements to the state’s census outreach efforts: 

  • Expand existing translation and printing services to assist in developing materials and messaging for the Census.
  • Develop a targeted marketing and communications strategy on the importance of the Census.
  • Employ existing infrastructure – including colleges, libraries and state agency offices – to increase internet access across the state.
  • The Census Bureau should provide New York with a waiver to allow non-citizens to be hired by the Bureau for 2020 Census jobs in the state.
  • Coordinate existing labor pools to support census hiring.
  • Continue to be vigilant and defend the nation-leading work on the Local Update of Census Addresses.
  • Implement a consumer protection program aimed at cyber-security protections and at alerting the public to fraud and scams.
  • Assist in the formation and operation of local complete count committees.
  • All executive state agencies should develop census outreach plans.
  • Collaborate with philanthropic and local community organizations.

Strategically deploy resources to communities that have not received financial and other support.

Public Service Commission Orders National Grid to Service Natural Gas Customers Denied by Moratorium

Governor Cuomo announced that National Grid is facing millions of dollars in penalties for failing to connect existing residential customers with natural gas as required by the Public Service Law. National Grid, according to the Governor’s press release, was directed to immediately connect more than 1,100 customers that were previously denied service. The Governor also notes that the Department of Public Service is expanding its ongoing investigation to examine whether the company properly planned for reliably meeting the needs of its customers. According to the press release, upon the preliminary conclusion of the Public Service Commission’s investigation, PSC Chairman John Rhodes issued an order to show cause directing National Grid to immediately connect 1,157 residential and small commercial customers, and to implement an alternative supply and demand reduction plan to ensure the safety and reliability of the gas system. The order also commences a penalty proceeding against the utility for alleged violations of the Public Service Law.

PSC Chair John Rhodes said:

“With the winter heating season beginning, the Department of Public Service has determined that immediate action is warranted to address the customer hardships created by National Grid’s unwarranted denial of service for 1,157 of its customers in New York City and Long Island. The law requires utilities to provide gas service without unreasonable qualifications or lengthy delay when sufficient gas supply exists, which the order alleges is the case for these previously existing customers of National Grid who found themselves suddenly cut off from gas without adequate warning and preparation.”

Attorney General Granted Nationwide Preliminary Injunction Against Public Charge Rule

A Federal Judge has granted a nationwide preliminary injunction against the Trump administration’s proposed rule to change the definition of the term “public charge”. The new rule, as proposed by the Trump administration, would broaden the types of benefits that could be considered when determining if a visa applicant was likely to become dependent on government assistance, which could in turn trigger the denial of a visa. The Clinton administration narrowed the benefits that could be considered to only include cash benefits in the late 1990’s. The injunction will temporarily halt the implementation, originally scheduled for October 15th, until a federal court can decide on the merits of the case.

Attorney General James said:

“The history of our nation is inextricably tied to our immigrant communities, and because of today’s decision, so too will be our future. Once again, the courts have thwarted the Trump Administration’s attempts to enact rules that violate both our laws and our values, sending a loud and clear message that they cannot rewrite our story to meet their agenda. This rule would have had devastating impacts on all New Yorkers – citizens and non-citizens alike – and today’s decision is a critical step in our efforts to uphold the rule of law. As long as our communities are under attack from this federal government, we will never stop fighting back.” 

State Drops Appeals on Outside Income Rulings

It was reported this week that the Attorney General has dropped appeals regarding two separate court decisions that invalidated the ban on outside income for members of the legislature. Two separate court rulings both found the Legislative Pay Commission exceeded its authority when recommending a ban on outside income. The state had originally appealed one of the decisions, but, has since withdrawn. It is not expected that they will appeal the other. No statement has been issued regarding their decision to not appeal the rulings.

Budget Director Weighs in on Rochester School District Issues

New York State Budget Director Robert Mujica sent a letter to Rochester Mayor Lovely Warren and State Education Department Interim Commissioner Elizabeth R. Berlin urging them to address the widely reported mismanagement and underperformance of the Rochester City School District.

Full text below:

October 8, 2019

Dear Mayor Warren and Interim Commissioner Berlin,

Much has been reported on the challenges facing the children in the Rochester City School District. I share your concerns about the fiscal health of the district and find the current situation untenable – which is why the City of Rochester and the State Education Department must exercise their existing authority under current law to address the chronic mismanagement and underperformance facing the school district.

The budget problems facing the Rochester City School District are not new. The School District has closed significant current year gaps in the tens of millions of dollars every year since 2014 and also projected out-year gaps in the tens of millions of dollars in almost every budget sent to the Mayor and the Rochester City Council for approval during that time period. The district’s known financial challenges were noted by school board member Beatriz Lebron, who asked the City Council to disapprove the district’s budget for 2018-19, citing looming budget woes.

Additionally, the Council’s own Resolution #352 cites several reports by outside parties that highlight failed budgeting practices and systemic structural budget concerns. The Council, in its Resolution, further alleged fraudulent representations by school district officials. To our knowledge, none of these allegations have been formally investigated. 

The Rochester City School District is a fiscally dependent school district – that is, it depends on the City to approve its budget and levy its taxes, within constitutional spending and debt limits. Under Section 2576 of the education law, the Mayor and the City Council have the authority – and the duty – to review, modify as allowed under the law, and approve the district’s budget. The Mayor also has significant existing authority under Section 2580 of the Education Law with respect to expenditures that can and should be reviewed prior to authorizing spending. Mayor Warren and the City Council must exercise that authority over the school district’s budget. 

From a financial standpoint, the City of Rochester provides $119 million of the most recent $931 million school district budget – a level of city support that has been unchanged for years. For the 2019-20 school year, Rochester received more than $675 million in total formula-based aids on the School Aid run, and since 2012, the City has received a $230 million or 52% increase from New York State. With regards to funding, even the State Education Department’s Distinguished Educator for the district said in a formal statement, “I hope I’ve made clear in the report that the poor student achievement in this district is not the result of a lack of funding.”

The State Education Department likewise has the power under existing law to take steps to improve underperforming schools. There are 14 schools determined to be low performing and therefore are eligible for additional intervention by the State Education Department. Under current law, SED has the power being requested now to appoint an independent receiver; SED has not used that power here. Further, in November 2018, SED’s own appointed Distinguished Educator cited many of these same issues: a district paying little attention to teaching and learning; a lack of accountability; and a structural deficit. These are not new issues. 

Fortunately, there are laws in place that provide legal recourse and a remedy to these challenging issues. The State Education Department should immediately take the following actions under the Education law:  

  • Assist with the Comptroller’s Audit: The Office of the State Comptroller announced they will begin an audit. SED must stand-by and be ready to assist the Comptroller.
  • Initiate a SED Investigation:Under §308 of Education Law, the Commissioner has the power and duty to begin processes or proceedings to enforce any provision of Education Law or other law relevant to school districts. The Commissioner should immediately investigate public allegations of mismanagement and fraud.
  • Investigate and, if Necessary, Remove School Board Members and School Officers:Under §306 of Education Law, the Commissioner of Education is empowered to remove school board members and school officers for a willful violation or neglect of duty under the Education Law or willfully disobeyed a decision, order, rule or regulation of the Board of Regents or Commissioner of Education.
  • Immediately Reappoint a Distinguished Educator:The Commissioner should reappoint a Distinguished Educator for Rochester pursuant to Education Law §211-C. Rochester’s previous Distinguished Educator resigned in June, 2019 and a replacement has not yet been appointed.
  • Immediately Place Schools in Receivership:Rochester City School District currently has 14 schools designated under §211-F of Education Law. The Commissioner could use her authority to place all eligible schools into independent receivership to ensure accountability and turnaround in schools that have been struggling for years. 

All of the actions listed above can be accomplished under current law. I strongly urge you to begin implementing these actions immediately. For the students and families in the district now, there is no time to waste.

Thank you for your cooperation and attention to this matter.

Robert Mujica

New York State Budget Director

Gateway Commission Members Announced

This week, Governor Cuomo and Governor Phil Murphy of New Jersey announced their appointees to the Gateway Development Commission, which will oversee construction of the new Hudson Tunnel Project. Full bios can be found here, commission members include:

New York Appointees

  • Marie Therese Dominguez
  • Jamey Barbas
  • Steven M. Cohen

 New Jersey Appointees

  • Janine G. Bauer
  • Balpreet Grewal Virk, PhD
  • Jerry Zaro

Governor Cuomo said:

“Gateway is the single most important infrastructure project not only for this region but for the entire nation, and it will require the input of seasoned professionals who know what it takes to deliver major, multifaceted projects. I’m confident these three talented and dedicated individuals will do an exceptional job representing New York in this critical undertaking.”

U.S. Representative Nita Lowey Announces Retirement

U.S. Representative from New York’s 17th district, Congresswoman Nita Lowey, has announced her intention to retire upon the completion on this term. Rep. Lowey has served the people of Westchester and Rockland counties in congress since 1989. Lowey is Chair of the House Appropriations Committee.

Rep. Lowey said:

“After 31 years in the United States Congress, representing the people of Westchester, Rockland, Queens and the Bronx, I have decided not to seek re-election in 2020. It is my deep honor and privilege to serve my community and my country, and I will always be grateful to the people who have entrusted me to represent them.”

The vacancy is likely to generate much interest among democrats hoping to replace her. Already state Senator David Carlucci has expressed interest in seeking the nomination and there is abundant speculation that Chelsea Clinton may enter the race.

Updates, Reminders, and Links

City & State NY’s Winners and Losers here.

Special session rumored for December.

The second public hearing on single payer was held in Rochester this week video here.

Ortiz announces primary of Ocasio-Cortez here.

SUNY professor wins Nobel Prize.

Coming Up

The Senate Task Force on Opioid and Drug Abuse will hold a series of public meetings to hear from stakeholders on strategies for reducing overdoses, improving individual and community health, and addressing the harmful consequences of drug use on October 15 and October 30.

The Senate Committee on Internet and Technology will hold a public hearing to hear from stakeholders within the “Gig Economy” – to identify the needs of workers and employers operating outside the traditional employee-employer dynamic and determine possible legislative avenues – including S.6538 – The Dependent Worker Act’s impact on the workforce on October 16.

The Senate Education and Budget and Revenue Committees will hold a series of public meetings around the state to hear stakeholder input regarding the components of the Foundation Aid formula in relation to student, district and community needs with a goal of greater equity in school financing on October 16, October 29, November 13, and November 19.

The PSC will hold its next meeting on Thursday, October 17.

A Joint Assembly public hearing on the delivery of veteran services and programs is scheduled for October 17.

The Senate Codes Committee will hold public hearings on policing (S3695) on October 17 and October 24.

A Joint Senate and Assembly public hearing on recycling will be held on October 21.

The Senate Committees on Aging and Social Services will hold a public hearing to assess the impact of proposed changes to the federal Supplemental Nutrition Assistance Program (SNAP) and methodology used to determine Official Poverty Measue (OPM), respectively, on New York programs that assist populations served by the human services sector. The hearing is scheduled for October 21.

The Assembly Committees on Insurance and Local Governments will hold a public hearing on municipal health insurance alternatives and affordability on October 23.

A Joint Senate and Assembly public hearing on the New York Health Act will be held on October 23.

The Senate Committee on Higher Education will hold a series of public hearings regarding the cost of public higher education. The hearings will take place on October 24, October 28, October 30, and November 1.

The Assembly Committees on Judiciary, Social Services, and Children and Families will hold a public hearing examining the rights of children in court on October 24.

The Senate Committees on Consumer Protection and Internet and Technology will hold a public hearing on protecting consumer data and privacy on online platforms on October 25.

The Senate Codes Committee will hold its second public hearing on discovery reform implementation on October 28.

The Senate Mental Health committee will hold a public hearing on eating disorders, treatment, and discovery on October 28.

The Assembly Health Committee will hold a public hearing on youth tackle football, scheduled for October 29.

JCOPE will hold its next meeting on Tuesday, October 29.

The Senate Committees on Consumer Protection, Health, and Education will hold a public hearing to investigate the safety and potential harms of electronic cigarettes and vaping, especially among school-aged youth on November 4.

The Senate Committee on Mental Health will hold a public hearing on veteran mental health and well-being on November 6.

Joint Senate Task Force on Opioids, Addiction and Overdose Prevention will hold a public hearing on strategies for reducing overdoses, improving individual and community health, and addressing the harmful consequences of drug use on November 15.

A Joint Senate and Assembly public hearing to discuss the implementation of early voting throughout New York State will be held on November 20.

The Senate Committee on Mental Health has schedule a public hearing on OPWDD transition to managed care for December 2.

The Senate Education and Budget and Revenue Committees will hold a public hearing to examine the distribution of the Foundation Aid formula as it relates to pupil and district needs on December 3.