Plugged In @ Hinman Straub

July 12, 2024

What’s Inside

Governor Signs Package of Legislation Regarding E-Bikes and Lithium-Ion Batteries
Equal Rights Amendment on November Ballot
Governor Announces Recent Increase in COVID-19 Activity
Governor Announces Nominee for the Commission on Ethics in Lobbying and Government
Governor Appoints New State Fair Director
Governor Joins Federal Officials to Announce Full Funding Grant Agreement for Gateway Hudson Tunnel
In the News
Coming Up

Governor Signs Package of Legislation Regarding E-Bikes and Lithium-Ion Batteries

The Governor signed a legislative package to raise awareness about the safe use of e-bikes and products that contain lithium-ion batteries and protect New Yorkers.

S.154-F Krueger/A.4938-D Dinowitz prohibits the sale of lithium-ion batteries used in micro-mobility devices, bicycles with electric assist or mopeds unless such batteries are manufactured in accordance with certain standards and specifications. The bill provides a civil penalty and authorizes district attorneys, county attorneys, and corporation counsel to have concurrent authority to seek the relief.

S.8743 Cleare/A.9338 De Los Santos directs the Department of State, in consultation with the Division of Homeland Security and Emergency Services and the New York State Energy Research and Development Authority, to develop and maintain safety resources, information, and protocols in regard to fire hazard prevention relating to, but not limited to, lithium-ion batteries, second-use lithium-ion batteries, bicycles with electric assist as defined in section one hundred two-c of the vehicle and traffic law, mopeds, and micro-mobility devices.

S.8742 Cleare/A.9337 Taylor requires the State Fire Administrator within the Office of Fire Prevention and Control of the Department of Homeland Security and Emergency Services to provide training materials for first responders regarding emergency response to incidents involving lithium-ion batteries.

S.7503-B Cleare/A.1910-B Zinerman requires retailers of micro-mobility devices, bicycles with electric assist and mopeds powered with lithium-ion batteries, and lithium-ion batteries intended for use in such devices or bicycles to provide customers with an operating manual.

S.9419 Cooney/A.7628-A Bores requires police and judicial officers investigating an accident with an e-bike or e-scooter that results in death or injury to make a report to the Department of Motor Vehicles, consistent with current requirements for motor vehicles and motorcycles. Legislation S.9419/A.7628-A also requires police to investigate such incidents when they are made aware of them.

S.7703-B Hoylman-Sigal/A.8450-B Bores requires mopeds to be registered by dealers at the point of sale, if they are to be used in the State.

S.7760-A Chu/A.8102-A Eachus requires micro-mobility devices, mopeds, and bicycles with electric assist to have a red tag attached to the charging cord which states to unplug when not in use.

S.7744-D Chu/A.8310-C Eachus requires retailers to affix a notice on any bicycles with electric assist and micro-mobility devices which states to always yield to pedestrians and follow traffic laws. This legislation also authorizes that any retail entity who violates the law may be penalized with a fine of no more than $250 per unit for the first offense and not more than $1,000 for each subsequent offense.

Governor Hochul said:

As e-bike adoption increases and battery technology continues to develop, I urge New Yorkers to be aware of safety best practices and to use their devices and chargers properly. These laws underscore our commitment to help New Yorkers make educated, safe, smart choices with their purchases of products with lithium-ion batteries and how to best store and use them in order prevent any more tragedies from occurring.

Court of Appeals Denies Appeal, Equal Rights Amendment on November Ballot

The Equal Right Amendment to New York’s Constitution is back on the ballot after the Appeals Court ruled to restore it. The Equal Rights Amendment would expand the constitution’s ban on racial or religious discrimination by listing other protected categories, including sexual orientation and “pregnancy outcomes.”

A Supreme Court judge ruled in May that the legislature voted on the amendment without waiting for a written opinion from the attorney general – as required by the Constitution. In a unanimous reversal, a panel of Appellate Division judges dismissed the case on June 18 on the grounds that it was brought too late, after a four-month statute of limitations had expired. Pending appeal to the Court of Appeals, the amendment will appear on the General Election ballot in November.

Governor Announces Recent Increase in COVID-19 Activity

The Governor provided New Yorkers an update on COVID-19 as new variants contribute to increases in hospitalizations in parts of New York State and around the country. COVID-19 hospitalizations are currently well above the rates seen at this time last year, but still well below the rates seen during the same period in 2022.

On July 3, 2024, the seven-day average for newly reported COVID-19 hospital admissions statewide was 0.72 per 100,000 residents.
On July 3, 2023, the seven-day average for newly reported COVID-19 hospital admissions statewide was 0.31 per 100,000 residents.
On July 3, 2022, the seven-day average for newly reported COVID-19 hospital admissions statewide was 1.66 per 100,000 residents.

To view current COVID guidance, see here.

Governor Hochul said:

While we are well below the figures seen during the pandemic, we are closely monitoring activity regarding the latest variants. By following the guidance and taking simple precautions, New Yorkers can continue to enjoy a safe and healthy summer

Governor Announces Nominee for the Commission on Ethics in Lobbying and Government

The Governor announced the Executive Chamber’s latest nominee to the Commission on Ethics in Lobbying and Government. In accordance with the Independent Review Committee’s procedures, the public will have seven business days to provide comment on the nominee. The nominee will then be presented to the Independent Review Committee, which is composed of the deans of New York’s law schools, for review of his qualifications to serve on the Commission. This nomination has been put forward despite this process being ruled unconstitutional by a Supreme Court Judge – and that decision being upheld by the Appellate Court. A stay of enforcement on those decisions will continue has the State continues with the appeals process.

James Caras has been nominated to serve on the Commission on Ethics in Lobbying and Government. James Caras served as Special Counsel to the current Speaker of the New York City Council until his retirement in 2023 and as General Counsel and then Special Counsel to the City Council under the prior Speaker. Prior to that he was at the Manhattan Borough President’s Office serving in roles including Special Counsel, General Counsel and Land Use Director. Previously, he worked for two decades in the New York City Council in multiple roles, including as Finance Counsel, Acting Director of the Finance Division, and Deputy General Counsel with responsibility for all legislation as well as for creating the integrity and conflicts of interest procedures around the City’s discretionary funding process. He currently teaches a class on legislation at New York Law School. Caras also practiced law at the law firms of Simpson Thacher & Bartlett and Akin Gump Strauss Hauer & Feld.

Public comment on this nomination can be submitted online

Governor Appoints New State Fair Director

The Governor announced the appointment of Julie LaFave as Director of The Great New York State Fair. LaFave served as Operations Director in 2023 before being named Interim Director earlier this year. As the Interim Director, LaFave led the planning of the 2024 Fair. Additionally, LaFave has worked to develop several innovative attractions that demonstrate the importance of the State’s agricultural initiatives in boosting New York’s economy, tourism efforts, and educational endeavors. Prior to her role as the Interim Director, LaFave served as the Operations Director of The Fair, managing the day-to-day operations of the New York State Fairgrounds, including the oversight of contracts, budgets, more than 50 buildings spread across 375 acres, and over 100 full and part-time staff.

Governor Hochul said:

Julie’s experience as Operations Director and Interim Director, coupled with her creativity and knowledge, are incredible assets to the long-term growth and vitality of The Great New York State Fair. I am proud to officially welcome her as the Director of one of our most beloved traditions and look forward to working with her as we continue to invest in and grow this extraordinary showcase of New York’s farmers, products, culture, and diversity.

Governor Joins Federal Officials to Announce Full Funding Grant Agreement for Gateway Hudson Tunnel

The Governor joined state and federal officials as the Gateway Development Commission signed a $6.88 billion maximum full funding grant agreement with the Federal Transit Administration. The grant supports the Hudson Tunnel Project, which will build two additional tracks and rehabilitate the existing two tracks, resulting in four modern tracks between New York and New Jersey that create operational flexibility, rail network redundancy and resiliency against future impacts to the Hudson River rail crossing.

Governor Hochul said:

Today is a historic day. We have moved into places that others thought was impossible… Tunnels that were built in 1910, that were ravaged by Hurricane Sandy, and people said, ‘Well, stuff happens, right?’ No. You find the investment, you find the partners, and you make $16 billion of investments happen. 95,000 good-paying jobs for this region is phenomenal. To the men and women of labor, let’s give them a huge round of applause, because they’re the ones building back our region, one tunnel at a time. $20 billion dollars of economic impact. What does that look like? Oh, our local businesses are so excited about families having more money in their pockets.

In The News

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

2024 New York congressional races to watch.

New York State’s $100M program to publicly finance campaigns prompts emergency fix.

The national Democratic Legislative Campaign Committee will support state Sens. Lea Webb and Iwen Chu.

Environmental groups call on New York legislators to return to Albany for special climate session.

New York state’s push for electric school buses raising concerns over costs and funding.

Former Gov. Andrew Cuomo speaks at influential Hamptons synagogue amid comeback buzz.

Black leaders push back on Cuomo’s criticism of DA Bragg — but not white prosecutors — over handling of protests in Open Letter.

Nearly half of Jewish voters believe NY is unsafe for them, shocking poll finds.

NYS lawmakers move to close unintended loophole in Adult Survivors Act.

Wall Street Journal Op-Ed: New York Sells Out Children Again.

N.Y. GOP taking advantage of disarray among Democrats.

Biden could be a drag in NY races as party leaders look to November.

Biden support slips in deep blue New York: ‘We’re a battleground state now.’

Gov. Kathy Hochul stands with Joe Biden. Her lieutenant governor does not.

Gov. Hochul denies rift with Lt. Gov. Delgado after his call for President Biden to end reelection bid.

Schumer open to dumping Biden in 2024.

Nadler, Morelle of New York call on Biden to step down.

Inside House Dem misery over Biden.

George Clooney: I Love Joe Biden. But We Need a New Nominee.

Rep. Pat Ryan, Moderate Front-Liner, Calls on Biden to Step Aside

Coming Up

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

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

The Commission on Ethics and Lobbying in Government will hold their next meeting on July 23.