Plugged In @ Hinman Straub

November 15, 2021

What’s Inside

Governor Announces Program to Deploy 50,000 New Electric Vehicle Charging Ports
Governor Announces $2 Million to Boost Addiction Services
State Senate Elections Committee Releases Report
JCOPE Rescinds Cuomo Book Deal Approval
State Democratic Party Chair Wins Vote of No Confidence
Political Updates
Coming Up

Governor Announces Program to Deploy 50,000 New Electric Vehicle Charging Ports

The Governor announced utility companies can implement the electric vehicle infrastructure program known as “EV Make-Ready,” which will deploy more than 50,000 new public and commercial Level 2 charging ports across the state by 2025 after the Public Service Commission voted to approve the program. The program provides funding for the infrastructure required to support more than 50,000 new public and commercial Level 2 charging ports, capable of charging a vehicle at least two times faster than a standard wall outlet, and 1,500 public DC (direct current) fast charger ports. Before the program began, there were 4,571 publicly accessible chargers statewide. The program is funded by investor-owned utilities in New York State and creates a cost-sharing program that incentivizes utilities and charging port developers to site electric vehicle charging infrastructure in places that will provide a maximal benefit to consumers.

Governor Hochul said:

New York leads the nation in clean energy innovation to combat climate change and bring environmental justice to impacted communities, and today’s decision brings us one step closer to a greener, emission-free future. The EV Make-Ready program is designed to help electrify our transportation sector and support our mandate that all new passenger cars and trucks sold in the state by 2035 be zero-emission, while making sure all New Yorkers benefit from cleaner air and the creation of new, well-paying jobs.

Governor Announces $2 Million to Boost Addiction Services

The Governor announced $2 million in federal funding through the Substance Abuse Prevention and Treatment Block Grant program to aid addiction service providers. The funding will be used to establish Mobile Medication Units (MMUs) to dispense medications to treat substance use disorder, including methadone and buprenorphine. Providers that currently operate OASAS-certified OTP programs are eligible to receive funding and will be awarded up to $200,000 to be used to purchase and retrofit an MMU. Funding will be awarded through an RFA process administered by the New York State Office of Addiction Services and Supports (OASAS). The RFA is available to view here.

Governor Hochul said:

Fighting the opioid crisis is a personal battle for me, and we will continue to do all that we can to boost resources and services for those struggling with addiction. These first-of-their-kind Mobile Medication Units in New York State will bring this important service directly to New Yorkers in need and allow them to receive critical services to support them on their road to recovery.

State Senate Elections Committee Releases Report

The Senate Elections committee released a report this week suggesting changes to election administration in the state. The report is informed by a series of public hearing that were held by the committee across the state. The hearings were spurred by what lawmakers deemed to be inefficiencies and mistakes by various boards of election, including a misreporting of ranked choice votes in the race for New York City Mayor. Board of Elections commissioners sited over 80 changes in the Election Law since 2019, which added to the responsibilities of each board and requested a moratorium on changes to allow local Boards time to comply with those new requirements already in law. Despite that request, the committee included numerous recommendations including:

Changes to the New York City Board of Elections

Reduce the number of Commissioners, and de-couple appointments from county political party recommendations.
Require that the Executive Director and other senior staff be recruited and hired through a search process.
Appoint Senior and Executive staff by some combination of the Mayor, City Council and Public Advocate, and ensure they are removable by this same combination.
Specify that senior staff, and not the commissioners, shall appoint and oversee other staff.
Remove the requirement that employees throughout the agency reflect equal representation of the Democratic and Republican parties.

Changes to Boards of Election (Outside of NYC)

Require transparent recruitment and hiring of Commissioners.
Require minimum staffing levels.
Require non-management staff be hired through normal government hiring channels as opposed to party recommendations.
Require that Commissioners serve in a full-time capacity.
Require minimum funding levels from local and county governments.
Repeal statutes from current law that require inspectors and coordinators be enrolled in either the Republican or Democratic Party.
Strike requirement in statute that employees throughout the agency must reflect equal representation of the two major political parties.

Change the Relationship between State Board and County Boards

Codify a stronger role for the State Board to oversee local boards of elections.
Clarify that the State Board’s role is to set statewide standards for all aspects of election administration performed by local Boards.
Require the State Board to develop minimum qualification standards for local Commissioners and standardize job descriptions and qualifications for all other Board of Elections roles.
Require trainings for local Boards to be developed and administered by the State Board.
In cases where local Commissioners cannot reach consensus, permit State Board to serve as a “tie-breaker” allowing important decisions to be made.
Where the State Board cannot break a deadlock, a higher level of appeal to the Attorney General or Secretary of State should be established.

Operational Changes

Develop conflict of interest rules such as prohibition of a Commissioner or Deputy Commissioner from simultaneously serving as an elected or political party official.
Require local Commissioners to meet minimum qualification standards.
Require public confirmation hearings and reviews of qualifications prior to selection and appointment of Commissioners.
Enable Commissioners to be removed for cause by either the State Board or the associated local government.
Remove the requirement that all poll workers be enrolled in either the Democratic or Republican parties.
Mandate a hands-on curriculum, requiring training to be held at least quarterly.
Allow poll workers to work during early voting only, if they so choose.
Change time training occurs to coincide with updates to the election law.
Allow rolling-basis certification of poll workers.
Review and revise pay scales between early voting and Election Day to prevent poll worker shortages on Election Day.
Exempt poll worker pay from state and local taxes.
Require online poll worker training to be paired with in-person hands-on training.
Consider inspectors-at-large and those trained for specific tasks only, especially first-time poll workers.
Require local boards of elections to provide for “split shifts.”

Improvements to the Voter Experience

Require timely and clear updates be posted to inform voters of their absentee ballot status and whether an absentee or affidavit vote was counted successfully.
Amend §8-600(3) of the Election Law to require local boards to comply with the mandate for county-wide early voting centers, instead of assigning voters to particular early voting sites.
Require early voting sites be designated on college campuses.
Provide for postage to be paid on all absentee ballots mailed out to voters.
Repeal the ban on providing food and beverages to voters waiting in line.
Consider a vote center model on Election Day, not just Early Voting.
Require the state board of elections website to post information about all candidates in state and local races to educate voters.
Require use of e-poll books in all races by 2024.
Amend state and local boards of elections websites to allow for a registration lookup tool to show whether a vote was counted.

Changes to Make Voting Easier

Amend relevant Election laws to ensure that a voter impacted by a BOE error can have their affidavit ballot counted.
Clarify rules and standards for manual or machine recounts.
Increase transparency and access to election data by establishing a data repository and codifying consistent rules on data sharing and open meetings.
Move to a statewide voter registration model.
Fix “wrong church, wrong pew” issue by allowing an affidavit ballot to count in elections the affidavit voter is eligible to vote in even if they are at the wrong poll site in their county.
Allow for an online petitioning system.

Enshrine Voter Protections in State Law

Grant the New York State Attorney General the authority to “pre-clear” changes to election rules, a role previously enforced by the US Department of Justice.
Shift the burden of proof from voters having to prove new election laws or rules are discriminatory, instead requiring jurisdictions or boards of elections to prove that they are not.
Strengthen laws against voter deception and intimidation.
Create a non-partisan, statewide database of information such as election results, voter files, shape files, and more.
Allow plaintiffs to recover attorney fees if they win a voting rights case.
Require language assistance be provided to more voters in more places.
Help judges interpret the law in favor of allowing every eligible person to register and vote.

JCOPE Rescinds Cuomo Book Deal Approval

Commissioners of the Joint Commission on Public Ethics (JCOPE) voted to rescind approval of former Governor Cuomo’s book deal which resulted in a $5.1 million contract. Originally, the deal was approved at the staff level, and was not voted on by the commissioners. The former Governor will have to re-apply for approval from the commission and, if denied, the commission could require the Governor to repay the proceeds or pay a fine in a like amount. The commission, which voted in favor of rescinding approval by a vote of 12-1, cited the Governor’s use of state resources in the development and writing of the book, which he pledged not to do during the original application. The decision is likely to face a legal challenge from the former governor.

State Democratic Party Chair Wins Vote of No Confidence

State Democratic Party Chair Jay Jacobs, under pressure from elements of the party upset by the outcome of November’s general election including the defeat of three ballot propositions, defeated a no confidence resolution that would have removed him as party chair. The resolution was defeated soundly by a vote of 144 to 25. Prior to the election, Jacobs angered some progressives for not supporting Democratic Socialist India Walton’s campaign for Buffalo Mayor after she defeated incumbent Byron Brown in a very low turnout primary.

Jacobs said in a virtual meeting with Democrats after the no-confidence vote was defeated:

If we’re going to have a future that’s going to be successful, we’re going to have to respect each other. And we’re going to have to allow for open and civil discourse and disagreement.

Political Updates

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

Top Democrat on Assembly panel says Cuomo report will be made public in coming days.

Harlem mogul with ties to NY Lt. Gov. Benjamin indicted for campaign finance fraud.

Sources say Assembly report on Cuomo found his book used substantial state resources.

Candidates for Governor vie for health care union vote.

Rep. Brian Higgins endorses Hochul for full term.

Two more Democratic county chairs back Hochul for a full term.

What is the Left doing with the Governor’s race?

CNBC: Influential donors rally around New York’s lieutenant governor ahead of next year’s high-stakes campaign here.

Small group of democratic committee members call for a vote of no confidence in party chair, Jay Jacobs.

Mayoral race ends in a tie, so, what happens next?

Former Gillibrand spokeswoman to primary Bronx Assemblyman Dinowitz.

Hochul pledges hire of new Italian-American Affairs director amid backlash.

Democrats poised to take Monroe County Legislature for first time in 30 years.

Rensselaer man says ballots filed for him and his wife are frauds.

Coming Up

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 Assembly will hold a public hearing on the impact of COVID-19 on programs and support services for older adults and their caregivers within the state on November 22.

The Assembly will hold a public hearing on the Metropolitan Transportation Authority (MTA) Capital Program on November 23.

The Assembly will hold a public hearing on a review of climate change expenditures by state entities on November 29.

The Senate will hold a public hearing on childhood lead poisoning in New York State on November 30.

The Assembly will hold a public hearing on the Gateway Program on December 3.

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

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

JCOPE will hold its next meeting on December 14.

The Public Service Commission will hold its next meeting on December 16.