Plugged In @ Hinman Straub

Coverage of Albany and New York State government – September 9, 2016

• Governor Signs Bill to Mandate Lead Testing in New York Schools
• Governor Calls For ‘Aggressive New Water Quality Protections’
• Attorney General Launches Antitrust Investigation Into EpiPen Maker
• Governor Announces Funding for Local Governments for Zero-Emission Vehicles and Charging Infrastructure
• Airbnb Launches Ad Campaign Seeking Veto
• Governor Signs ‘Brunch Bill’ Into Law
• Department of Labor Finalizes Payroll Card Regulations
• On Labor Day, Governor Touts ‘Significant Progress in Economic Justice’
• Former Assembly Minority Leader Dies at 82
• Assemblyman Bill Nojay Dead at 59
• Political Update
• Coming Up

 

Governor Signs Bill to Mandate Lead Testing in New York Schools

On Tuesday, Gov. Cuomo announced that he has signed into law a bill which mandates that schools across the state test drinking water for lead contamination, and that the state Department of Health (DOH) has issued emergency regulations that require school districts test their water for lead contamination by Oct. 31, 2016, and report results to parents, DOH and local government officials.

Gov. Cuomo said:

“These rigorous new protections for New York’s children include the toughest lead contamination testing standards in the nation, and provide clear guidance to schools on when and how they should test their water.  As children begin another school year, I’m proud to sign this legislation, which marks a major step forward in protecting the public health and ensuring the future growth and success of students across the state.”

 

Governor Calls for ‘Aggressive New Water Quality Protections’

On Wednesday, Gov. Cuomo called for “aggressive new water quality protections to protect New Yorkers and ensure clean drinking water.”  The heads of the state’s Department of Environmental Conservation (DEC) and Department of Health (DOH) wrote to the U.S. Environmental Protection Agency (EPA) and urged the EPA to “close a loophole in federal oversight that exempts public water systems that serve less than 10,000 people from its Unregulated Contaminant Monitoring Rule program.”  They note that public water systems serving about 2.5 million New York residents are not required to be tested for these contaminants.

State Health Commissioner Howard Zucker said:

“We firmly believe that the health and safety of our residents should not depend on the size of the town in which they live.  The EPA’s current testing requirements leave millions of New Yorkers in the dark about the quality of their water simply because they are not part of large water systems. If the EPA fails to act, we will move new legislation to mandate the testing of unregulated contaminants in the 9,000 public water systems across the state. The administration is also advancing legislation to require the testing of private wells – which currently have no federal oversight whatsoever. We urge the legislature to join us in supporting these critical actions.”

 

Attorney General Launches Antitrust Investigation into EpiPen Maker

On Monday, state Attorney General Eric Schneiderman announced that his office has commenced an investigation into Mylan Pharmaceuticals, the maker of EpiPens. A preliminary by his office indicates that the company may have included “potentially anticompetitive terms” into its sales contracts with numerous local school districts.

The company’s decision to significantly increase the price of its EpiPen product, an injector that delivers a lifesaving dose of epinephrine to reverse severe allergic reactions, has led to widespread public criticism.

Attorney General Schneiderman said:

“No child’s life should be put at risk because a parent, school, or healthcare provider cannot afford a simple, life-saving device because of a drug-maker’s anti-competitive practices.  If Mylan engaged in anti-competitive business practices, or violated antitrust laws with the intent and effect of limiting lower cost competition, we will hold them accountable. Allergy sufferers have enough concerns to worry about—the availability of life-saving medical treatment should not be one of them. I will bring the full resources of my office to this critical investigation.”

 

Governor Announces Funding for Local Governments for Zero-Emission Vehicles and Charging Infrastructure

On Thursday, Gov. Cuomo announced that the state is making $3 million available to municipalities to support the purchase or lease of Zero Emission Vehicles and charging infrastructure.

Local government are eligible for reimbursement of up $5,000 per vehicle for purchase or leasing of eligible clean vehicles, and up to $250,000 per facility for installation of eligible Electric Vehicle Supply Equipment or hydrogen fuel cell infrastructure. The state’s Department of environmental conservation is accepting applications for rebates on a first-come, first-served basis through March 31, 2017, or until the funds are exhausted.

Gov. Cuomo said:

“New York is a leader in the fight to reduce greenhouse gas emissions and combat climate change.  This funding will help reduce our carbon footprint by creating climate-resilient communities and is another step toward a cleaner, greener and more sustainable New York for all.”

 

Airbnb Launches Ad Campaign Seeking Veto

Airbnb, the short-term rental listing site, has launched an advertising campaign that is intended to convince Governor Cuomo to veto a bill that would raise fines on its “hosts.”  (Watch the company’s commercials here and here.)

The short-term rental of apartments in multi-family buildings has been illegal since 2010 unless the host is also on-site. The new legislation would impose fines of up to $7,500 on hosts who advertise rentals in multi-family buildings in violation of the law.

The ads will run in New York City through mid-November on cable and broadcast TV, on web sites and in New York City taxis.

The legislation is supported by hotel union members, who believe Airbnb is undermining the hotel industry; affordable housing advocates, who contend Airbnb is depleting housing stock in an already unaffordable city; and some landlords.

 

Governor Signs ‘Brunch Bill’ Into Law

On Wednesday, Gov. Cuomo announced that he has signed into law a bill that permits the sale of alcohol before noon on Sunday, and also enacts a number of other reforms to the state’s liquor laws.

Effective immediately, restaurants and taverns with liquor permits will be able to sell alcohol on Sundays beginning at 10 a.m. Beginning in October, bars and restaurants outside of New York City to apply for up to 12 one-day permits each year to serve alcohol at 8 a.m. on Sundays.  The new law will also allow liquor stores to sell gift bags and gift wrapping, and reduces fees for wineries, distilleries, breweries and cideries.

Gov. Cuomo said:

“New York’s burgeoning craft beverage industry has served as an economic generator for communities across the state and with this legislation, we are building on that progress.  By cutting red tape, breaking down artificial barriers and rolling back arcane and burdensome regulations, we are setting the stage for this industry’s continued resurgence and future growth and I am proud to sign it into law.”

 

Department of Labor Finalizes Payroll Card Regulations

On Thursday, Gov. Cuomo announced that the state has adopted “the country’s most comprehensive payroll card protections for low-wage workers.”  The new regulations require payroll card companies to provide access to at least one fee-less ATM near where employees live or work, prohibits card issuers from receiving any remuneration for delivering wages via payroll card, and eliminate a host of fees, including those for account maintenance, overdraft and inactivity.

Gov. Cuomo said:

“These tough new standards protect some of our most vulnerable New Yorkers from predatory practices that seek to deny them a fair day’s pay for a fair day’s work.  By eliminating costly hidden fees and removing barriers to accessing money workers have rightly earned, these nation-leading regulations build upon this administration’s efforts to prevent worker exploitation and help ensure all employees are treated with fairness, decency and respect.”

 

On Labor Day, Governor Touts ‘Significant Progress in Economic Justice’

On Monday, Gov. Cuomo published an editorial in the New York Daily News highlighting the state recent progress in “economic justice.”

The Governor cited the state’s minimum wage increase, the work of the Exploited Workers Task Force, and the creation of a paid family leave program for all workers.

 

Former Assembly Minority Leader Dies at 82

Clarence “Rapp” Rappleyea, a conservative Republican from Chenango County who served in the Assembly for 22 years, and as Assembly Minority Leader from 1983 to 1995, died Sunday at the age of 82.

Rappleyea served as minority leader from 1983 to 1995.  After George Pataki became Governor in 1995, he appointed to serve as chair of the New York Power Authority (NYPA).  He retired from that position in 2001.

Current Assembly Minority Leader Brian Kolb (R- Canandaigua) said:

“For more than two decades, he served the Empire State with distinction, establishing himself as one of Albany’s true giants through his intellect, integrity and character. During 12 years as leader of the Assembly Republican Conference, he governed based on principle rather than petty politics. He worked with all parties to create a better New York, and carried himself with an intelligent, selfless grace that every elected representative should emulate.”

 

Assemblyman Bill Nojay Dead at 59

Assemblyman Bill Nojay, a Republican from the Rochester area, fatally shot himself on Friday morning, according to local news reports.

Nojay was first elected to the Assembly in 2012. He was facing a Republican primary for re-election to the seat next Tuesday.  If he wins the Republican primary, the Republican leadership of the three counties that make up his district — Monroe, Livingston and Steuben — will select a candidate to replace him on the November general election ballot.

Nojay was an outspoken opponent of the state’s 2013 gun control law, the SAFE Act, and tried unsuccessfully to convince Donald Trump to run for Governor of New York in 2014.

 

Political Update

Key Legislative Primaries

New York’s state legislative primary elections will be held next Tuesday, September 12.  Some of the highest profile Senate races – which may help determine which party controls that chamber in 2017 — are described below.

Senate District 31 (Part of Manhattan)

Democratic Senator Adriano Espaillat is giving up his seat to run for Congress. Four Democrats are running to replace him in Albany: Marisol Alcantara, Luis Tejada, former City Council Member Robert Jackson, and Micah Lasher, the former chief of staff to Attorney General Eric Schneiderman.

Alcantara has the support of the Senate’s Independent Democratic Conference (IDC), and she has said that she will caucus with the IDC if elected.

The winner of the primary is virtually guaranteed election in this heavily-Democratic district.

Senate District 36 (Parts of the Bronx and Westchester)

Democrat Ruth Hassell-Thompson left the Senate in July to become Governor Andrew Cuomo’s Special Advisor for Policy and Community Affairs of New York State Homes and Community Renewal (DHCR).

The candidates vying to replace her are Jamaal Bailey, Robert Diamond, Que English, Pamela Hamilton-Johnson, Edward Mulraine, and Alvin Ponder. The primary winner will not face a Republican in a general election.

Senate District 40 (Parts of Westchester, Putnam and Dutchess counties)

Two Democrats, Andrew Falk and Ali Boak, are competing to challenge first-term Republican incumbent Terrance Murphy.

Falk, a lawyer who has run unsuccessfully for the Assembly twice, has the support of the Working Families Party and CWA. Boak is a former Pound Ridge town board member.

Senate District 54 (Wayne and Seneca counties, and parts of Ontario, Cayuga, Tompkins, Seneca and Monroe counties)

Six Republicans are competing for the Republican line in the race to replace long-time Senator Michael Nozzolio, who is not seeking re-election.  The candidates are Canandaigua Town Supervisor Pam Helming; business owner Floyd Rayburn;  Lyons Town Supervisor Brian Manktelow; retired Greece police officer Jon Ritter; business owner Bobby Massarini; and former Assemblyman Sean Hanna.

Democrats Kenan Baldridge and Charles Evangelista are also facing off in a primary.  However, the seat is considered a “safe Republican” one, so the winner of the GOP primary will be the strong favorite in November.

State Independence Party Endorses Johnson/Weld Presidential Ticket

New York’s Independence Party has endorsed former governors Gary Johnson and Bill Weld’s presidential ticket, which means that the Libertarian nominees will appear on New York’s third ballot line in November’s general election.

Johnson served two terms as the governor of New Mexico and Weld spent six years as governor of Massachusetts.

Winners & Losers

Each week, City & State New York publishes a list of the week’s political “winners” and “losers.”  Read this week’s list here.

 

Coming Up

The Board of Regents holds its next meeting on September 12 and 13.

Primary elections for state legislative offices will be held on Tuesday, September 13.

The Public Service Commission (PSC) holds its next meeting on September 15.

The state Board of Elections holds its next meeting on September 15.

The state Commission on Legislative, Judicial, & Executive Compensation holds its next meeting on September 22.

The Joint Commission on Public Ethics (JCOPE) holds its next meeting on September 27.

The Assembly Agriculture Committee will hold a hearing on the state’s budget for agriculture on September 27.

The state’s Sixth Annual MWBE Forum will be held October 5 and 6 in Albany.