Plugged In @ Hinman Straub

March 5, 2021

  • Legislature Adjusts Governor’s Pandemic Powers
  • Stewart-Cousins: If Any Further Accusations Emerge the Governor Must Resign
  • Budget Consensus Forecast Announced
  • $9.5 Million Awarded as Part of Workforce Development Initiative
  • Event, Arts and Entertainment Venues Can Reopen Beginning in April
  • Political Updates
  • Reminders and Links
  • Coming Up

Legislature Adjusts Governor’s Pandemic Powers

The legislature passed a bill to curtail the Governor’s emergency powers originally granted to him during the onset of the pandemic. The bill would amend the effective date of Ch. 23/2020 to immediately repeal the provisions related to issuing directives during a declared disaster emergency. These additional powers were set to expire and be deemed repealed on April 30, 2021. This bill, however, would allow any existing directive to remain in effect for a period of 30 days from the effective date of this bill. Additionally, the Governor could extend or modify any existing directive under certain conditions.

Modifications and Extensions of Existing Directives

Any directive previously issued by Executive Order (EO) related to COVID-19 would remain in effect for 30 days from the effective date of this bill. The Governor is authorized to extend or modify any directive, by EO, that has been issued or remains in effect for additional 30 day increments provided the purpose of extending or modifying the directive is to issue a public health directive.

Notification Process:

  • No later than five days prior to the extension or modification of a public health directive related to COVID-19, the Governor must notify the relevant committee chairs of the legislature and the Speaker of the Assembly and the Temporary President of the Senate of his/her intent and the need for the extension or modification of the directive. The Governor must provide an opportunity for the relevant chairs to comment – the comments may be received after the directive has gone into effect and does not affect the validity of the directive.
  • No later than five days prior to the extension or modification of a directive only explicitly affecting specific municipalities, the governor must notify the relevant executive leaders and municipal legislature of such municipalities of his/her intent and the need for the extension or modification of the directive.
  • The Governor must provide an opportunity for the relevant legislative leaders and legislature to comment – the comments may be received after the directive has gone into effect and does not affect the validity of the directive.

Restrictions:

  • No directive can be modified unless such modification is based:
  • solely for the purpose of altering the numeric amount or percentage of individuals, businesses, vaccination locations or providers or administrators, or other entities impacted by a directive; or
  • placing additional restrictions or reducing existing restrictions related to testing, quarantine, social distancing, air quality or filtration or mask requirements, for any entity located in the state, including seating capacity at business
  • No directive can be extended or modified to the extent that such directive prohibits the adoption by any municipality a local executive order within their existing power except where such an order conflicts with any executive order issued by the state.
  • No directive may be extended more than once unless the governor has responded to the legislature or municipality’s comments – the bill does not outline what is considered an adequate response.

Termination of Executive Orders:

The legislature can terminate executive orders by concurrent resolution.

Required Publications

The bill would require, within 15 days of the effective date, that the suspensions and directives authorized pursuant to EOs 202 and 205 must be posted on the Governor’s website in a searchable format. The website is required to be updated with each new EO and the website must update and publish the Governor’s responses to written comments or information requested by relevant committee chairs or municipal governments.

Termination of Declared States of Emergency

The bill would authorize the legislature to terminate any declared state of emergency by concurrent resolution.

Stewart-Cousins: If Any Further Accusations Emerge the Governor Must Resign

Senate Majority Leader Andrea Stewart-Cousins, in an interview on Capital Tonight, responded to questions regarding calls for the Governor’s resignation by saying that if further allegations are made the Governor will need to resign. The Majority Leader also said that she has not spoken with the Governor since the allegations were made.

The entire interview can be viewed here.

Budget Consensus Forecast Announced

A consensus has been reached between the Executive and both houses of the Legislature to recognize $2.5 billion in additional revenue over two years. The agreement was struck through the consensus revenue forecast process, a critical step in annual budget-making through which the Executive and the Legislature agree on economic predictions and the revenue those predictions will provide.

Budget Director Robert Mujica said:

“Revenues coming in higher than expectations is good news, but we’re still contending with devastating revenue losses caused entirely by the pandemic that we need the federal government to offset so we can continue to fund baseline services over two years. These new revenues will be used to reduce the deficit in the out-years after the federal funding is no longer available.”

$9.5 Million Awarded as Part of Workforce Development Initiative

The Governor announced that 75 businesses, schools, and community-based organizations across the state have been awarded nearly $9.5 million as part of the Workforce Development Initiative. Funding and incentives will support critical job training and employment opportunities in high-demand industries for nearly 5,000 New Yorkers across the State.

Businesses and organizations receiving Workforce Development awards include:

Capital Region

SUNY Adirondack; Sysco Albany LLC; Youth FX Inc.

Central New York

Advocates; Catholic Charities of the Roman Catholic Diocese of Syracuse; D&W Diesel Inc.; Oswego County; Responsive to Our Community; Specialized Distribution Solutions

Finger Lakes

Lifetime Assistance; Rochester Institute of Technology; Rochester Rehabilitation Center, Inc.; Seneca Cayuga Yates Counties Chapter NYSARC Inc (DBA Mozaic); Turner Underground Installations

Long Island

Adults and Children with Learning and Developmental Disabilities Inc.; AVNA Global Inc; East End Disability Associates Inc; Family Residences and Essential Enterprises Inc (FREE); Infinity Drain; Nassau Community College; Nicholas Center; NYIT; Spectrum Designs Foundation; Viability Inc.

Mid-Hudson

Ability Beyond Disability, Inc.; Choice Films at Umbra Stages; Greyston Foundation, Inc.; Westchester Medical Center Health Network

Mohawk Valley

Advanced Tool Inc., Northland Telephone Systems Ltd. DBA Northland Communications

New York City

BioBus, Inc; Brooklyn Communities Collaborative; Building Skills NY; City College of New York ; Cresilon, Inc.; Cureatr, Inc.; East Side House, Inc.; Envisagenics, Inc.; Fesarius Therapeutics, Inc.; Grace Institute of New York; Henry Street Settlement; Kinnos; Lucerna, Inc.; NPower Inc.; NYCDCC Apprenticeship Journeyman Retraining Educational & Industry Fund; Quadrus Medical Technologies; Redesign Science, Inc.; Reel Stories Teen Filmmaking Inc.; Rockaway Development & Revitalization Corporation; Roulette Intermedium; Roundabout Theatre Company, Inc.; Sephardic Bikur Holim; SoHarlem; Steven Winter Associates and Allied Partners Residential Management; STRIVE International Inc.; Sunnyside Community Services; Thomas White Jr Foundation Inc.; Upwardly Global; Vant AI, Inc.; XL Batteries; Youth Action YouthBuild

North Country

Alcoa USA Corporation; Jefferson-Lewis BOCES; North Country Chamber of Commerce; North Country Workforce Partnership, Inc.; Ready4Real ETS

Southern Tier

Broome County Urban League; Broome Tioga Workforce; Buckingham Manufacturing Co Inc.; Fortitude Industries Inc.; Owego Apalachin Central School District

Western New York

Catholic Charities of Buffalo NY; Fresenius Kabi; Mercy Flight

Event, Arts and Entertainment Venues Can Reopen in April

The Governor made a series of announcements regarding re-opening. Beginning April 2, event, arts and entertainment venues can reopen at 33 percent capacity, up to 100 people indoors and up to 200 people outdoors. If all attendees present proof of negative test prior to entry, capacity can increase up to 150 people indoors and up to 500 people outdoors. Social distancing and face coverings will be required by all attendees, as well as strict adherence to all applicable Department of Health guidance.

The Governor also announced domestic travelers to New York State who have been vaccinated no longer have to quarantine or test out within 90 days of their full vaccination. Beginning March 22, residential gatherings of up to 25 people can be held outdoors. Indoor residential gatherings remain capped at 10 people to reduce the continued risk of spread. Also, non-residential social gatherings of up to 100 people can occur indoors and up to 200 people can occur outdoors.

Political Updates

Cuomo’s approval plummets in new Q poll.

The Democratic contenders to be the next governor.

Billionaire John Catsimatidis considering run for governor.

Notable lawmakers calling for Cuomo to resign.

State of Politics: Will Cuomo face any political fallout?

NY Post: Ex-prosecutor Bharara raps Cuomo over sex harass scandal.

Reminders and Links

City & State NY’s Weekly Winners and Losers here.

Politico: Cuomo’s office accused of violating its own sexual harassment policy.

Wall Street Journal: Cuomo Advisers Altered Report on Covid-19 Nursing-Home Deaths here.

New York Times: Cuomo Aides Rewrote Nursing Home Report to Hide Higher Death Toll here.

Nora O’Donnell interview with Charlotte Bennett here.

Coming Up

*POSTPONED – TBD* The Senate hold a public hearing to examine key issues that impacted the 2020 Primary and General Elections, including the overall administration of elections, early voting, absentee, ballots, and board of elections reforms on January 29.

The Board of Regents will hold their next meeting on March 15 and 16.

The Public Service Commission will hold its next meeting on March 18.

JCOPE will hold its next meeting on March 23.

The Senate will hold a public hearing on diversifying agriculture and addressing food justice alongside continuing inequalities in our food systems on April 7.

The Senate will hold a public hearing on East Side Access/East Side Tunnel project oversight (MTA/Amtrak) on April 7.

The Senate will hold a public hearing to discuss and receive input from stakeholders on the Climate and Community Investment Act (CCIA) on April 13.