Plugged In @ Hinman Straub

May 10, 2024

What’s Inside

  • Legislative Session Recap
  • Appellate Court Rules NYS Ethics Panel Unconstitutional
  • NYS Youth Apprenticeship Opportunities
  • Public Campaign Financing
  • Judge Voids Equal Rights Amendment Ballot Question
  • Hospital Climate Action Pilot Program
  • In the News
  • Coming Up

Legislative Session Recap

Following the passage of the FY 2024-25 Budget and a two-week hiatus, the Legislature reconvened for session Monday through Wednesday this week. They are scheduled to return on Monday, May 13th for a four-day session week.

This week, the Assembly issued its updated summary of recommended changes to the Executive Budget, which can be accessed here.

In the Senate, Senate Majority Leader Andrea Stewart-Cousins appointed Senator Jeremy Cooney of Rochester as Chair of the Transportation Committee. He will succeed Tim Kennedy, who was recently elected to Congress. Subsequently, Senator Zellnor Myrie of Brooklyn announced that he has launched an Exploratory Committee for a run for New York City Mayor. Senator Myrie was first elected to the state Senate in 2018 and is serving his third term. His district includes parts of Crown Heights, East Flatbush, Park Slope, Prospect Heights, Prospect-Lefferts Gardens and Windsor Terrace.

Finally, the Senate Democratic Majority issued a press release announcing that they passed legislation in honor of Earth Week to help combat climate change and protect the environment.

The legislation passed this week include the following:

Emission Limits of Toxic Air Contaminants: This bill, S3328-A, sponsored by Senator Fernandez, directs the Department of Environmental Conservation to establish ambient air quality standards and fenceline monitoring for certain toxic air contaminants

Clean Fuel Oil Powered State Buildings: This bill, S2994-B, sponsored by Senator Harckham, prohibits the use of fuel oil, grade number four in any state building or facility.

Parking Garage Electric Vehicles Charging Stations: This bill, S1535, sponsored by Senator Hoylman-Sigal, requires certain state-owned and operated parking garages, open parking lots, and other parking facilities to install and maintain charging stations for plug-in electric vehicles.

Prohibits Drilling Fluids and Flowback Water for De-icing: This bill, S1538-A, sponsored by Senator Hoylman-Sigal, prohibits the use of wastewater from hydrofracking from being used on any highway for any purpose including de-icing or dust suppression.

Climate Change Superfund: This bill, S2129-B, sponsored by Senator Krueger, would require companies that have contributed significantly to the buildup of greenhouse gasses to bear a share of the costs of infrastructure investments required to adapt to the impacts of climate change in New York State.

Renewable Energy Cell Towers: This bill, S4305, sponsored by Senator Parker, would require cellular telephone companies and third-party providers to present plans in preparation to convert cell tower energy usage to renewable energy resources.

Prohibit Oil and Gas Production on Protected State Land: This bill, S724-A, sponsored by Senator Serrano, would prohibit the lease of state forests, reforestation areas, wildlife management areas and unique areas for oil and gas production.

Memorial Lands Facility Permits: This bill, S3024-B, sponsored by Senator Comrie, establishes a new memorial lands program to provide dual benefits of conservation and respectful disposal of cremated and organically reduced remains.

Wildlife Crossings: This bill, S4198-B, sponsored by Senator Comrie, directs the Department of Transportation and the New York State Thruway Authority to identify sites along all highways, thruways and parkways in the state for wildlife crossings.

Adopt-A-Lake: This bill, S4636, sponsored by Senator May, would add lakes to the areas that are eligible for the Municipal Adoption Program.

Expanding Food Donation Program: This bill, S5331-A, sponsored by Senator Harckham, expands the food donation and food scraps recycling program by scaling down the annual tonnage requirement every two years until 2028 and removes exceptions regarding recycler capacity.

Improving Municipal Water Quality: This bill, S5728-A, sponsored by Senator Harckham, creates a program to assist municipalities with water quality improvement of water bodies within the municipality managed by lake associations.

Fees Paid to Conservation Enforcement: This bill, S7086-A, sponsored by Senator Harckham, provides that fees paid for certain environmental violations are deposited into a new Conservation Enforcement Account, which will provide funding for scientists, environmental law enforcement officers, attorneys, administrative support and to support environmental law enforcement generally.

Ban of PFAS in Anti-Fogging Sprays and Wipes: This bill, S992-B, sponsored by Senator Hoylman-Sigal, prohibits the sale and distribution of anti-fogging sprays and wipes containing PFAS chemicals.

Prohibition of Polystyrene Containers: This bill, S4414-A, sponsored by Senator Krueger, prohibits the sale or distribution of expanded polystyrene containers that are designed or intended to be used for cold storage.

Harmful Algal Bloom Monitoring and Prevention Act: This bill, S8356, sponsored by Senator May, requires the DEC to establish a coordinated system of HABs monitoring, evaluation, prevention, and mitigation, finally putting the state on a path to be able to predict and prevent the occurrence of Harmful Algal Blooms in our water bodies.

Appellate Court Rules NYS Ethics Panel Unconstitutional

A New York State Appellate Court has unanimously upheld a judge’s decision from last year that declared New York’s ethics commission was formed in violation of the state constitution. According to the Times Union, this ruling will at least temporarily withhold the ability of the Commission on Ethics and Lobbying in Government (COELIG) to conduct investigations and enforce penalties against those who violate state regulations. It may allow the commission to continue its ancillary duties, including processing ethics disclosure forms and lobbying filings.

The lawsuit was brought by former Governor Andrew Cuomo’s in his longstanding fight against COELIG’s efforts to investigate a $5 million deal that he received for writing a book about his administration’s handling of the pandemic. The ethics investigation alleged that Cuomo improperly used state employees to help him write his book on state time. Cuomo has consistently denied these claims.

NYS Youth Apprenticeship Opportunities

Governor Hochul has proclaimed this week as Youth Apprenticeship Week in New York State, in line with the federal Youth Apprenticeship Week. The New York State Department of Labor (NYSDOL) oversees Registered Apprenticeship programs, in partnership with the State Education Department, which approves the Related Instruction portion of the program. Registered Apprenticeship is regulated by rules at both the state and federal level and includes a nationally recognized and portable credential upon completion.

Beginning as part of the inaugural Youth Apprenticeship Week, NYSDOL will aim to:

  • Increase awareness about Registered Apprenticeship and the spectrum of career exploration and training models that lead to and include Apprenticeship.
  • Show how youth as young as 16 can take part, including in taking part in career exploration and pre-apprenticeship programs that prepare them for Registered Apprenticeships.
  • Offer businesses a direct pathway to learn more about starting or expanding a Registered Apprenticeship program.

NYSDOL today unveiled a new resource outlining for the first time a comprehensive look at the spectrum of training opportunities that build into these highly sought-after programs, including pre-apprenticeship programs, which help individuals build skills needed to be successful in both Registered Apprenticeship programs and informal apprenticeships, which do not come with portable credentials and are not consistent across programs.

More information can be found here.

Governor Hochul said:

Today, the opportunity of using the time-honored earn-while-you-learn Registered Apprenticeship model is growing in popularity both with those looking to comprehensively learn an occupation and with businesses who find this approach successful to train and retain their own workers. There is significant interest in expanding this model as an opportunity for youth while they are in high school, and we are proud to partner with businesses and education leaders to grow awareness and expand this opportunity.

NYSDOL Commissioner Roberta Reardon said:

As youth begin exploring their occupational interests, it is important that they consider all possible career pathways. Registered Apprenticeships continue to help young New Yorkers into great occupations while businesses secure a workforce catered to its needs. It is my hope that more employers will consider launching Registered Apprenticeships and Pre-Apprenticeships programs to provide the inheritors of our economy with the skills they need to succeed.

Public Campaign Financing

On Tuesday, the New York State Public Campaign Finance Board (PCFB) authorized its first round of public matching funds payments to 37 candidates for the New York State Legislature.

The Board approved payments to 30 Assembly and seven Senate candidates. Those candidates will be issued funding by the State Comptroller’s Office as early as next week. Combined, these candidates will receive $3.6 million. The full list of payments can be accessed here.

In the program, for a contribution to be matched with public funds, it must be between $5 and $250 in the aggregate, from a resident of the district the candidate seeks to represent and reported in full by the committee to the PCFB, along with required documentation.

To receive public matching funds, participating candidates were required to register and certify in the program, hit fundraising thresholds, complete mandatory training, qualify for the ballot, and abide by all program requirements. PCFB staff has worked with participants and the Office of the New York State Comptroller to streamline the payment process and ensure that all committees provide the appropriate information for timely electronic payments.

Judge Voids Equal Rights Amendment Ballot Question

State Supreme Court Justice Daniel J. Doyle ruled this week that state lawmakers failed to follow procedural rules around passing constitutional amendments when passing the Equal Rights Amendment. The ruling, pending appeal, would bar the amendment from appearing on the General Election ballot in November.

The proposal would have amended the state constitution to ban discrimination based on “pregnancy outcomes” or “gender expression” — provisions intended to protect abortion rights and a person’s right to seek gender-affirming care. The amendment wouldn’t explicitly preserve a woman’s right to have an abortion but supporters said it would have the practical effect of protecting reproductive rights.

The lawsuit challenged the procedure by which the amendment was adopted by the legislature and not the contents of the amendment itself. Article XIX of the State Constitution requires that in order to amend the constitution, the amendment must be transmitted to the Attorney General for an opinion and provides the Attorney General 20 days to respond with such. Further, Article XIX states that “upon receiving such opinion, if the amendment or amendments as proposed or as amended shall be agreed to by a majority of the members elected to each of the two houses, such proposed amendment or amendments shall be entered on their journals, and the ayes and noes taken thereon…” In this case, the Legislature transmitted the amendment to the Attorney General on the same day the amendment first passed. The Attorney General in turn responded with her opinion five days after passage.

The state argued that a provision added during the 1943 constitutional convention nullifies the requirement otherwise relied on in the Judges ruling. That provision states that “neither the failure of the attorney-general to render an opinion concerning such a proposed amendment nor his or her failure to do so timely shall affect the validity of such proposed amendment or legislative action thereon.” The Judge disagreed with such interpretation, finding that this provision disallows the Attorney General from withholding an opinion to prevent legislative action and does not alleviate the legislature’s need to transmit the amendment to the Attorney General nor the need to wait for at least 20 days for an opinion to be received.

The decision is a blow to the State Democratic Party who had a $20 million campaign planned to drive turnout in November. An appeal is likely in this case.

Hospital Climate Action Pilot Program

This week, Governor Hochul announced a first-in-the-nation, voluntary climate action pilot program for hospitals. The pilot is focused on improving worker health and safety while addressing the harmful impacts of climate change on the environment.

The program provides premium credits of up to $1 million to New York State Insurance Fund (NYSIF)-insured hospitals that pledge to achieve net zero greenhouse gas emissions by 2050 and enhance their resilience to extreme weather events, helping mitigate the climate-related hazards that contribute to steep increases in workplace injuries and illnesses.

The pilot provides NYSIF’s hospital policyholders an upfront credit of 5 percent on their workers’ compensation premium, up to $1 million per policy, when they pledge to develop a climate action plan to monitor, report, and reduce their greenhouse gas emissions and enhance their resilience to climate-related disruptions. The upfront credit will free up crucial funds immediately for hospitals to develop their action plans, laying the foundation for their future emissions reduction and resilience strategies. An ongoing premium credit of 5 percent, up to $1 million per policy, will be available to hospitals each year they progress toward their planned milestones. Over time, hospitals may channel the ongoing credit – and any savings from reduced emissions – into direct patient care and further enhance their resilience to climate-related disruptions.

Governor Hochul said:

New York is taking action to maintain our status as a global leader in the fight against climate change. This pilot program will incentivize hospitals to reduce their environmental impact and create a safer and healthier New York. From leveraging our insurance policies to transformative investments in this year’s budget, we are using every tool at our disposal to build a greener, more sustainable future for all New Yorkers.

To receive the premium credits, hospital climate action plans must identify long-term strategies to reduce both direct and indirect emissions, including those produced in the supply chain for anesthetics, pharmaceuticals, food, and single-use plastics and medical supplies. The plans must also detail supply chain vulnerabilities and contingencies and outline the hospital’s procurement approach to encouraging hospital suppliers and vendors to account for and report their own emissions information over time. Plans must also incorporate safeguards to ensure positive impacts to employees and the hospital’s surrounding community.

In The News

City & State NY’s weekly Winners and Losers of this week here.

Labor and business groups make last push to kill ‘bottle bill’.

State lawmakers slam cannabis contract with private equity firm.

State Senator joined by Tino Martinez and David Tyree to plug daily fantasy sports bill.

Zellnor Myrie may run for mayor on legislative record.

Hochul, lawmakers split over NY’s disability cap; here’s why.

Environmental groups push end-of-session priorities. Here’s what they want.

New York’s labor department wants your unemployment benefits back.

Appellate court sides with Cuomo, ruling ethics panel is unconstitutional.

NY to expand emergency hiring to recruit more state workers.

New York Medicaid Ain in Dying Act advocates hopeful for passage.

Advocates push to eliminate PFAS from cosmetics.

Group takes aim at gun manufacturers following violent weekend in Western New York.

New York awards first $3.6M of public campaign funds. Here’s who qualified.

New York’s abortion rights amendment thrown off ballot, for now.

Q&A: John King discusses political unrest on college campuses.

Coming Up

POSTPONED The Senate will hold a public hearing on oversight of the Port Authority of New York and New Jersey, major Port Authority capital projects including the JFK redevelopment and Port Authority Bus Terminal replacement, and Port Authority contracting on May 10.

The Senate will hold a public hearing to hear from the New York State Workers Compensation Board, experts in workers compensation, workers compensation lawyers, labor partners, and injured workers on the current state of workers compensation and to bring light to areas for improvement on May 15.

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

The Commission on Ethics and Lobbying in Government will hold its next meeting on May 22.

The Boards of Regents will hold its next meeting on June 10 and 11.