Plugged In @ Hinman Straub

September 10, 2021

What’s Inside

  • President Biden Announces COVID Action Plan Including Vaccine Mandates
  • Governor Announces HERO Act Designation of COVID-19 as an Airborne Infectious Disease
  • Benjamin Sworn in as Lieutenant Governor
  • Federal Disaster Declared in Wake of Ida Flooding
  • Governor Hochul Announces Administration Appointments
  • Legislature Makes Appointments to Cannabis Control Board
  • DEC Proposes Regulations to Enact Ban on Foam Containers
  • Coming Up

President Biden Announces COVID Action Plan Including Vaccine Mandates

President Biden announced a new plan to combat COVID which, among other things, mandates vaccines or testing requirements for private employers as well as mandating vaccinations for health care workers at Medicare and Medicaid participating hospitals and other health care settings.

The Department of Labor’s Occupational Safety and Health Administration (OSHA) is developing a rule that will require all employers with 100 or more employees to ensure their workforce is fully vaccinated or require any workers who remain unvaccinated to produce a negative test result on at least a weekly basis before coming to work. OSHA will issue an Emergency Temporary Standard (ETS) to implement this requirement.

The plan also announced that the Centers for Medicare & Medicaid Services (CMS) is taking action to require COVID-19 vaccinations for workers in most health care settings that receive Medicare or Medicaid reimbursement, including but not limited to hospitals, dialysis facilities, ambulatory surgical settings, and home health agencies. This action builds on the vaccination requirement for nursing facilities recently announced by CMS, and will apply to nursing home staff as well as staff in hospitals and other CMS-regulated settings, including clinical staff, individuals providing services under arrangements, volunteers, and staff who are not involved in direct patient, resident, or client care.

Governor Announces HERO Act Designation of COVID-19 as an Airborne Infectious Disease

Department of Health Commissioner Howard Zucker, at the direction of the Governor, designated COVID-19 as a highly contagious airborne infectious disease that presents a serious risk of harm to the public health under New York State’s HERO Act. This designation will trigger all employers to implement workplace safety plans adopted earlier this year. The plans adopted by employers must address a number of safety measures, including but not limited to: employee health screenings, masking and social distancing requirements, workplace hygiene stations, workplace cleaning protocol, quarantine protocol, and building airflow technology. Employers are required to distribute their work safety plan to all employees and post it in a visible and prominent location within each worksite. The designation will remain in effect until September 30, when the Commissioner will determine whether or not to extend the designation based on transmission levels.

Governor Hochul said:

While we continue to increase our vaccination numbers, the fight against the Delta variant is not over, and we have to do everything we can to protect our workers. This designation will ensure protections are in place to keep our workers safe and support our efforts to combat the virus and promote health and safety.

Benjamin Sworn in as Lieutenant Governor

State Senator Brian Benjamin was officially sworn in as Lieutenant Governor this week filling the vacancy left by Governor Hochul. Benjamin will focus his efforts as the new Lieutenant Governor to combat vaccine hesitancy to in poor and minority communities, pandemic recovery by working to get rental assistance to those in need, and head a new NYCHA task force focused on building repairs and public housing needs.

Benjamin said:

 New York state, I will do everything I can to make sure that those who are living at the margins, those who are struggling, those who are overlooked, will have a seat at the table. We will make sure there’s fairness, accountability, and good practical decision-making that governs our activities, and thank you so much, Gov. Hochul, for this opportunity to serve. I will not let you down…

Federal Disaster Declared in Wake of Ida Flooding

President Biden approved an expedited Major Disaster Declaration that will help provide for federal financial relief for local governments and New Yorkers and deliver individual and public assistance for eligible New Yorkers recovering from the flooding damage caused by the remnants of Hurricane Ida.

The counties covered by the declaration for individual and public assistance include: Bronx, Queens, Kings, Richmond and Westchester. At this time, New York County is included for public assistance only. New Yorkers who have been displaced, including uninsured families, will be eligible for funds for housing assistance, as well as crisis counseling, unemployment assistance, home repairs and legal services.

Governor Hochul said:

I saw the devastation of New Yorkers who lost so much from this storm, and I pledged that we would do everything in our power to help them rebuild. I thank President Biden and FEMA Administrator Deanne Criswell for their swift approval of a Major Disaster Declaration, which provides a promise that we will build back better and stronger. Majority Leader Schumer, Senator Gillibrand and the entire New York Congressional delegation have provided vital help and support for our state, and I thank them for their tireless efforts. I look forward to touring disaster areas with President Biden tomorrow and will continue to work with FEMA and our members of Congress to ensure New Yorkers get the relief they need from the devastating impacts of this horrible storm.

Governor Hochul Announces Administration Appointments

Governor Hochul announced new appointments to her administration including:

Jeff Lewis, Chief of Staff to the Governor – Prior to joining the Governor’s Office, Mr. Lewis served in the Office of then-Lieutenant Governor Hochul for more than six years, first as Director of External Affairs and then as Chief of Staff.

Linda Sun, Deputy Chief of Staff – Ms. Sun previously served as Deputy Superintendent for Intergovernmental Affairs & Chief Diversity Officer at the NYS Department of Financial Services.

Melissa Bochenski, Deputy Chief of Staff – She previously served as then-Lieutenant Governor Hochul’s Deputy Chief of Staff.

Julissa Gutierrez, Chief Diversity Officer for the State of New York – Ms. Gutierrez was appointed in early 2020 as Chief Diversity Officer for the State of New York and will continue to serve in this role under the Hochul administration.

Shirley Paul, Senior Advisor to the Governor – Prior to joining the Governor’s office, she served as Assistant Director for Legislative Affairs at SUNY Systems Administration. Ms. Paul has worked in state government in various roles, including working with then-Lieutenant Governor Hochul as Senior Advisor and Counsel and as a Law Clerk in the NYS Court System.

Sinéad Doherty, Deputy Secretary for Executive Operations – Prior to joining the Governor’s office, she served as Director of Operations for the California based children’s non-profit, Good Tidings Foundation. She previously worked for then-Lieutenant Governor Hochul as Director of Operations.

Padma Seemangal, Deputy Secretary for Policy Operations – Ms. Seemangal previously served as Director of Communications and Public Affairs at Global Strategy Group and as a Senior Advisor for then-Lieutenant Governor Hochul through the Empire State Fellows Program.

Hazel Crampton-Hays, Press Secretary – Ms. Crampton-Hays most recently served as Press Secretary to New York City Comptroller Scott Stringer. Previously, she served in the Governor’s Press Office, including as First Deputy Press Secretary.

Jelanie DeShong, Assistant Secretary for Intergovernmental Affairs – Mr. DeShong most recently served as Director of Government Relations for State University of New York Downstate Health Sciences University and previously as Director of Community Engagement for then-Lieutenant Governor Hochul.

Devan Cayea, Director of Strategic Planning and Scheduling – Mr. Cayea recently served on the transition team and in the office of Senator Alex Padilla (D-CA), is a former senior advisor and Director of National Strategic Planning for the Amy for America presidential campaign, and was the Director of Operations in Senator Klobuchar’s Capitol Hill office.

Fohat Aird-Bombo, Director of Advance – Mr. Aird-Bombo previously served in the Office of then-Lieutenant Governor Hochul where he was the Director of Advance and Special Events.

Governor Hochul said:

To build New York back better than it was before and deliver real change for New Yorkers, we need the best and brightest minds working together to solve the most important issues we face as a state. These talented individuals from diverse backgrounds have the skills, knowledge and experience that we need to move this state forward, and I look forward to working with them.

Legislature Makes Appointments to Cannabis Control Board

The Assembly and Senate both announced appointments to the Cannabis Control Board this week after the Senate confirmed the Governor’s appointments for Executive Director and Chair of the Board during last week’s Extraordinary Session. The board will have exclusive ability to issue licenses and permits, as well as regulate and enforce provisions related to medical cannabis, adult-use cannabis and cannabinoid hemp, and establish other programs such as public health and education. They will also be tasked with developing and implementing a social equity plan to ensure that individuals previously harmed by drug laws, MWBEs, distressed farmers and service-disabled veterans are able to participate in the legal cannabis industry.

Appointments are as follows:

Assembly – Adam W. Perry

Mr. Perry is a partner at Hodgson Russ LLP where he focuses on employment litigation, and has represented nonprofits, governments and businesses in state and federal courts. Mr. Perry has deep roots in Buffalo, having attended Erie County Community College and the University at Buffalo, and currently serves as a board member and chair of Niagara Frontier Transportation Authority Aviation Committee, as well as chair of the Citizen Planning Council. He graduated from the University of Michigan Law School.

Senate – Jen Metzger

Metzger previously served one term as State Senator for the 42nd Senate District. Prior to serving in the state Senate, Metzger served two terms on the Rosendale Town Board. She also formed a community group that fought high utility costs and promoted climate-friendly approaches to local governments.

DEC Proposes Regulations to Enact Ban on Foam Containers

The Department of Environmental Conservation (DEC) has proposed regulations to implement the ban on expanded polystyrene foam containers and loose fill packaging or “packing peanuts” in New York State. The ban would go into effect on January 1, 2022. The proposed regulations prohibit businesses from selling, offering for sale, or distributing disposable food service containers that contain expanded polystyrene foam in New York. Also, no manufacturer or store will be allowed to sell, offer for sale, or distribute polystyrene loose fill packaging. Disposable food service containers made of foam that will be banned under the proposed regulations include bowls, cartons, clamshell containers, cups, lids, plates, trays, or any other product designed for single use.

Places required to comply with the ban include:

  • Food service establishments, caterers, temporary food service establishments, mobile food service establishments, and pushcarts
  • Retail food stores
  • Delicatessens, grocery stores, restaurants, cafeterias, and coffee shops
  • Hospitals, adult care facilities, and nursing homes
  • Elementary and secondary schools, colleges, and universities

The DEC will be holding a virtual public hearing on the proposed regulations on November 15, at 1 p.m. and are accepting comments until Nov. 22, 2021.

To join through the internet, visit www.webex.com and click “Join a meeting.”

Event Number: 179 819 9754

Password: welcome1

Location: electronically via Webex Events

To join by phone only, dial: 1-518-549-0500

Access code: 179 819 9754

Persons interested in commenting are required to register in advance. Instructions can be found here.

Political Updates

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

NY Post: Hochul inherits horde of entrenched Cuomo appointees here.

Human Rights Campaign fires Alphonso David.

Alphonso David prepares to fight termination.

Advocacy groups call for hearing on open meetings law.

Brennen Center report recommends axing bipartisan Board of Elections.

Growing school bus driver shortage across New York as school year begins.

Assembly’s Cuomo probe could conclude Oct. 1.

State of Politics: If Byron Brown ends up on ballot for Buffalo mayor, it could still cause issues for campaign here.

Coming Up

The Board of Regents will hold their next meeting on September 13 and 14.

JCOPE will hold its next meeting on September 14.

The Senate will hold a public hearing to evaluate the current workforce challenges of the I/DD service delivery system on September 14.

The Assembly will hold a public hearing on neonicotinoid pesticides on September 20.

The Senate will hold a public hearing to solicit testimony on proposed reforms to the voting process and operations of county boards of elections on September 21.

The Assembly will hold a public hearing on intercity passenger rail transportation on September 22.

The Senate will hold a public hearing to review the finances and projections of the Metropolitan Transportation Authority (MTA) in the aftermath of COVID-19 and receipt of federal aid, to review the implementation of the Transformation Plan, and to seek updates on major capital projects on September 29.

The Senate will hold a public hearing to review how school districts are spending Foundation Aid increases and ARP funds on September 30.

The Assembly will hold a public hearing on employment opportunities for people with disabilities on September 30.

The Senate will hold a second public hearing to review how school districts are spending Foundation Aid increases and ARP funds on October 5.

The Public Service Commission will hold its next meeting on October 7.

The Senate Task Force on Opioids, Addiction and Overdose will hold a public meeting to discuss the impacts of COVID-19 on the overdose crisis on October 20.