Plugged In @ Hinman Straub

October 12, 2021

What’s Inside

Governor Signs Package of Opioid Bills
Governor Expands Health Care Worker Vaccine Mandate
Governor Names New JCOPE Appointees
Governor Makes Staffing Changes
Cannabis Control Board Holds First Meeting
Political Updates
Coming Up

Governor Signs Package of Opioid Bills

The Governor signed a series of bills aimed at reducing drug-related overdose deaths across New York State and encouraging those suffering from addiction to seek help in their recovery. The bills signed this week include:

Possession of Opioid Antagonist (S.911/A.2354) – This bill will prevent the possession of an opioid antagonist from being used as evidence in court of possession of a controlled substance. The bill takes effect on the sixtieth day after the Governor signs the bill.

Medication Assisted Treatment for the Incarcerated (S.1795/A.533) – This bill will require the commissioner of the New York State Department of Corrections and Community Supervision and the chairman of the New York State Commission of Corrections to establish a medication assisted treatment program for state correctional facilities and local jails. The program will be voluntary and offered to eligible individuals facing an opioid addiction and will include the use of MAT combined with counseling.

Decriminalize Possession and Sale of Hypodermic Needles (S.2523/A.868) – This bill decriminalizes the possession and sale of hypodermic needles and expands syringe access by allowing pharmacies and healthcare agencies, registered with the state ESAP program, to provide syringes without a cap.

Online Directory for Distributors of Opioid Antagonists (S.6044/A.128) – This bill requires the Department of Addiction Services and Supports to maintain on its website a directory of all distributors of opioid antagonists. This includes, but is not limited to, pharmacies, prevention centers, and nonprofits that carry naloxone.

Expand the Use of Judicial Diversion (S.7228/A.5511) – This bill expands the number of eligible crimes for a person to be diverted for substance use treatment rather than incarceration. Newly eligible crimes for which diversion into a substance use treatment program can be ordered by a judge include:

Conspiracy in the fourth degree;
Conspiracy in the third degree;
Auto stripping in the second degree;
Auto stripping in the first degree;
Identity theft in the second degree; and
Identity theft in the first degree.

The Governor said:

Addiction can impact any family, suddenly and harshly – those who find themselves trapped in a vicious cycle are there through no fault of their own. This is a personal battle for me and I am proud to be able to combat the opioid crisis by signing these bills into law. There is no shame in seeking help for substance use and I want to let all New Yorkers know that we are here for you. Treatment should always be accessible for those who need it.

Governor Expands Health Care Worker Vaccine Mandate

The Governor announced a plan to expand the healthcare worker vaccine mandate to include employees who work in certain facilities offering health care to individuals served by the Office of Mental Health and the Office for People with Developmental Disabilities. Under the new directive, staff who work in these settings will be required to show proof of at least the first shot of a COVID-19 vaccine series by November 1, without a test-out option. This new requirement, established within OMH and OPWDD agency regulations, will apply to all individuals working at the psychiatric hospitals in the OMH network, as well as those working at the specialty hospital certified by OPWDD.

The Governor said:

Vaccine requirements work in getting people to do the right thing, and all professionals in health settings must take every basic precaution against COVID-19, including the vaccine, so they do not spread the virus to the people coming in for treatment. We have an obligation to extend this assurance to those who need to receive mental health services and special care, which is why we are making the vaccine mandatory for all staff who work in these facilities that fall under State jurisdiction.

Governor Names New JCOPE Appointees

The Governor announced the appointment of two new JCOPE commissioners. The Governor appointed Jose Nieves to serve as Chair of the Commission and Sharon Stern Gerstman to serve on the Commission. The two appointees will be filling-in seats vacated by Robert Cohen and James E. Dering, who will be stepping down from their roles. The appointments come directly ahead of a special meeting of the commission which will reexamine JCOPE’s original approval of Governor Cuomo’s book deal. Dering, the departing Chair only recently elevated to the position by Governor Hochul, is stepping down in the wake of criticism directed at the Governor for elevating a Cuomo appointee and for his vote not to pursue an investigation of the book deal immediately after being named Chair by Governor Hochul.

The Governor said:

Restoring trust in government is a top priority for my administration, and that includes strengthening ethics oversight. Jose Nieves and Sharon Stern Gerstman are well-respected and talented professionals who will uphold our commitment to open, ethical governing and help to transform not just state government, but more importantly, people’s image and perception of their state government.

Governor Makes Staffing Changes

The 45 day window the Governor asked for to address staffing her administration came to a close this week. The Governor had previously vowed that no one named in the Attorney General’s report would continue to work in her administration. She noted in a press release that she is pleased with efforts to staff her administration, but, did not specifically mention those asked to leave.

According to media reports, the following administration holdovers were asked or volunteered to resign:

Larry Schwartz, MTA Board – Schwartz will remain until a replacement can be confirmed by the Senate.
Howard Zucker, DOH Commissioner – Dr. Zucker previous announced his resignation to take effect upon the Governor appointing a successor. Governor Hochul announced her pick to replace Zucker will be Mary Bassett.
Michael Hein, OTDA Commissioner – Mr. Hein has resigned as commissioner of the Office of Temporary and Disability Assistance. The commissioner had come under scrutiny for the slow administration of rental assistance funds.
Norman Birenbaum – Mr. Birenbaum was Governor Cuomo’s choice for executive director for the Office of Cannabis Management, however, the Senate objected to the nomination and as a result he (or anyone) was never put forward as a nominee.
John Maggiore and John Howard – Both men are still members of the Public Service Commission and both were asked to resign by Governor Hochul. According to media reports, both commissioners intend to continue serve through the end of their terms despite the Governor’s request for resignation (Maggiore through 2027 and Howard through 2024).

There are also a few notable carryovers from the Cuomo to Hochul administrations, including:

Robert Mujica – Mr. Mujica will remain as Budget Director under Governor Hochul.
Basil Seggos – Mr. Seggos was asked by Governor Hochul to continue to serve as Commissioner for the Department of Environmental Conservation.
Rick Cotton – Mr. Cotton served under Cuomo as Executive Director of the Port Authority and it has been confirmed by Governor Hochul that he will remain in that position.

Cannabis Control Board Holds First Meeting

The Cannabis Control Board held its first meeting this week. Agendas items included the hiring of staff and implementing changes to the medical marijuana program with immediate effect. Changes to the program include allowing whole flower as an approved form of medical cannabis, allowing any person authorized to prescribe a controlled substance to also certify medical marijuana patients, increase the allowable amount dispensed from 30 day to 60 day supplies, and permanently waive the $50 registration fee for medical marijuana patients and designated caregivers. The Board also announced that due to a lag in establishing the Board, they would miss the six month deadline to establish medical home grow regulations.

Political Updates

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

Cuomo aides told Kathy Hochul she was off 2022 ticket before scandals.

New York state Democratic chairman endorses Kathy Hochul for governor.

Hochul increasingly likely to face a primary challenge.

New York Democrats facing primary challenges.

The 2021 New York City Council speaker contenders.

Rochester Mayor Lovely Warren to resign after accepting plea deal.

Who is James Smith? Meet Rochester’s soon-to-be mayor for a month.

Rep. Antonio Delgado’s campaign reports $5M in cash.

FBI raids NYPD sergeants’ union headquarters.

Byron Brown campaign donations nearly double India Walton’s since primary.

Coming Up

The Assembly will hold a public hearing to examine the role and amount of discretion local governments should have in determining the siting of accessory dwelling units (basement apartments) on October 13.

The Senate will hold a public hearing to solicit feedback on S.3979-C, the “End Predatory Court Fees Act” on October 13.

The Assembly will hold a public hearing on the governance of the New York City School District on October 14.

The Assembly will hold a public hearing on the gun safety proposals and the status of the firearm ammunition sales database in New York on October 14.

The Board of Regents will hold their next meeting on October 18 and 19.

JCOPE will hold its next meeting on October 19.

The Assembly will hold a public hearing on employment opportunities for people with disabilities on October 20.

The Assembly will hold a public hearing on non-MTA public transit systems and service on October 20.

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.

The Assembly will hold a public hearing on restructuring the New York State Division of Veterans Services (NYSDVS) on October 21.

The Senate will hold a public hearing on maintaining quality, equity, and affordability in public higher education throughout the pandemic and beyond on October 25.

The Assembly will hold a public hearing on COVID’s impact on the open meetings law on October 25.

The Senate will hold a second public hearing on maintaining quality, equity, and affordability in public higher education throughout the pandemic and beyond on October 27.

The Senate will hold a public hearing on campus sexual assault on November 9.

The Senate Cities Committee will hold a public hearing on how to better address municipal needs on November 10.

The Senate will hold a third public hearing on maintaining quality, equity, and affordability in public higher education throughout the pandemic and beyond on November 16.

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

The Senate will hold a fourth public hearing on maintaining quality, equity, and affordability in public higher education throughout the pandemic and beyond on November 22.

The Senate will hold a public hearing to discuss New York State’s system of ethics oversight and enforcement on December 9.