Plugged In @ Hinman Straub – December 20, 2016

PluggedInMastheadCoverage of Albany and New York State government 

  • Special Session Talks Turn to Finger Pointing
  • Governor Announces Life Sciences Initiative
  • Governor Releases 2016 Open Space Conservation Plan
  • Regents, SED Call for School Aid Increase in 2017
  • Comptroller Calls for Procurement Reform
  • Public Libraries Seek Increased State Funding
  • Lawsuit Challenges New York’s New Nonprofit Disclosure Requirements
  • Governor Announces Crackdown on Impaired Driving
  • Battle Over Ride-Sharing Hits the Airwaves
  • Political Update
  • Coming Up

Special Session Talks Turn to Finger Pointing

Discussions over a December special session – where legislators were expected to approve a pay raise for themselves — has turned to finger pointing.  Gov. Cuomo and Senate Republicans blamed each other over lack of progress.

On Thursday, the Governor said that a special session “is on life support,” and said that the Senate’s Republican leadership “has not been cooperative.”  The Governor said that he believes that lawmakers should get a modest pay increase, but that he wants other matters to be addressed as well, including funding for affordable housing and a hate crimes task force, ethics reform, and expanding ride hailing outside of New York City.

Senate Republican leader John Flanagan countered with a statement that accused the Governor of being the actual impediment.

While a special legislative session before the end of the year remains a possibility, time is running out.  As of this writing, discussions continue.

Governor Announces Life Sciences Initiative

Last week, Gov. Cuomo announced a $650 million initiative “to spur the growth of a new, world-class life science research cluster in New York, as well as expand the state’s ability to commercialize this research and grow the economy.”  The life science sector includes the fields of biotechnology, pharmaceuticals, biomedical technologies, life systems technologies, and includes organizations and institutions that devote the majority of their efforts to the various stages of research, development, technology transfer and commercialization.

The program will make $250 million available in tax incentives to new and existing life science companies; $200 million in state capital grants to support investment in wet-lab and innovation space; and $100 million in capital for early stage life science initiatives.  In addition, the state will make more than 3.2 million square feet of innovation space and 1,100 acres of developable land available tax free at 45 colleges and universities statewide.

Gov. Cuomo said:

“New York is uniquely positioned to become a global powerhouse in the life science sector and this groundbreaking initiative is making the investments and establishing the programs necessary for capitalizing on our tremendous potential.  From providing the incentives to attract top talent and drive innovation, to providing the space that emerging life science companies need to grow, we are breaking down barriers and helping the industry gain momentum. Now, the Empire State is well-positioned to be the home of future discoveries that will move our economy forward and save lives across the world.”

Gov. Cuomo also said that he will announce new public-private sector partnerships resulting from this effort during his 2017 State of the State Address.

Governor Releases 2016 Open Space Conservation Plan

Last week, Gov. Cuomo announced the release of the state’s final 2016 Open Space Conservation Plan, which is intended to serve as a blueprint for how the conservation and protection of open space can accomplish the state’s environmental goals. The Plan, which was created by the Department of Environmental Conservation (DEC) and Office of Parks, Recreation and Historic Preservation (OPRHP), will guide funding through the Environmental Protection Fund to safeguard habitats and natural resources across New York.

Gov. Cuomo said:

“New York’s open space conservation efforts are essential to improving the environment and economy of the state, and this new plan will guide our continued efforts to protect the state’s precious natural resources.  From the Adirondacks to the Catskills to Long Island, New York has an abundance of natural resources and exquisite open spaces that we must protect for future generations to enjoy.”

Regents, SED Call for School Aid Increase in 2017

The state Board of Regents and State Education Department (SED) are asking the Governor and the Legislature to increase school aid by $2.1 billion in the 2017-18 budget.

The budget recommendations include an additional $1.47 billion in Foundation Aid, $335 million in expense-based aid, and an additional $290 million in investments — $100 million for universal pre-kindergarten, $100 million for English language learners, $60 million for college and career pathways, and $30 million for professional development. (View the full proposal here.)

The Board of Regents has also identified a number of legislative priorities, including streamlining pre-kindergarten programs; providing mandate relief; and allowing undocumented students access to tuition assistance programs through the DREAM Act.

Comptroller Calls for Procurement Reform

Last Tuesday, State Comptroller Tom DiNapoli called for changes to the state’s procurement practices “to ensure integrity and taxpayer value in the procurement process.”  The Comptroller cited “criminal charges and allegations of corruption in the awarding of contracts for state economic development projects.” He noted that state agencies issued more than $6.8 billion in contracts in 2015 that were not reviewed by the Comptroller’s office.

DiNapoli’s proposed statutory reforms, titled the New York State Procurement Integrity Act of 2017, would:

  • restore the Comptroller’s oversight of SUNY, CUNY and OGS centralized contracts;
  • prohibit the use of not-for-profits to bypass procurement laws and transparency;
  • require state public authorities to follow the same procurement requirements as state agencies;
  • require Comptroller review of contracts over $1 million for the Research Foundation of SUNY;
  • strengthen ethics requirements and penalties for those who abuse the procurement process; and
  • require state agencies, public authorities and their affiliates to publish in the State Contract Reporter all potential business opportunities, including notice of single or sole-source procurements.

Comptroller DiNapoli said:

“The alleged contracting and kickback schemes uncovered by federal and state prosecutors show lax oversight over economic development spending.  The state funneled taxpayer money to quasi-government organizations, avoiding scrutiny and sidestepping usual procurement practices. This created an environment ripe for self-dealing and abuse. New York state must take credible steps to reestablish the public’s faith in government and address the broader problems.”

A number of “good government” groups expressed support for the Comptroller’s proposed procurement reforms.

Lawsuit Challenges New York’s New Nonprofit Disclosure Requirements

Citizens Union, a New York City-based good government group, has filed a lawsuit in federal court challenging the state’s new ‘nonprofit disclosure’ requirements that were approved by the Legislature in June and signed into law by the Governor in August.

The group is challenging two new provisions of the Executive Law § 172-e and § 172-f (Chapter 286, Parts F and G) that apply to charitable non-profits [501(c)(3) groups] which provide in-kind contributions over $2,500 to 501(c)(4) organizations (typically because they are affiliated), and to 501(c)(4) groups that engage in “issue advocacy.”  The group argues that the disclosure requirements are unconstitutionally overbroad and infringe on the group’s First Amendment rights to free speech.

Note that the lawsuit does not challenge the state’s “source of funding” disclosure laws, which require certain lobbyists and clients to disclose third parties who provide them with funding under some circumstances.

In a statement, Citizens Union said “This law intends to silence nonprofits that criticize elected officials by affecting their ability to raise funds and should not be allowed to stand.”

Read more about this lawsuit on Hinman Straub’s Lobbying, Ethics and Elections Compliance blog.

Governor Announces Crackdown on Impaired Driving

On Thursday, Gov. Cuomo announced that New York will participate in the national “Drive Sober or Get Pulled Over” enforcement campaign on impaired driving, which runs through January 1.  Drivers can expect sobriety checkpoints and an increased number of State Troopers patrolling the state’s roadways.

Gov. Cuomo said:

“Too often, impaired drivers cause accidents resulting in injury, death and heartbreak. Reckless driving is a crime and this national crackdown will help strengthen our law enforcement during one of the busiest times of the year to keep New Yorkers safe. I urge everyone to drive responsibly and remain vigilant on the roads this holiday season.”

Public Libraries Seek Increased State Funding

At last Tuesday’s hearing of the Assembly Committee on Libraries and Education Technology, representatives of public libraries called for increased state funding in next year’s state budget.

The current state budget allocated $95.6 million in state money to libraries, a $4 million increase from the preceding year.

Library advocates also said that the state could unify their e-book purchasing, which would bring down costs for individual libraries and increase access.  Others spoke of the importance of the services that libraries provide in communities with English language learners and those where large numbers of resident do not have internet access at home.

Battle Over Ride-Sharing Hits the Airwaves

Advertisements in favor of and opposed to the legalization of transportation network companies were released last week as lawmakers considered returning to Albany for a special legislative session.

Ridesharing services, such as Uber and Lyft, are only available in New York City.  New York is just one of three states where ridesharing isn’t fully legal. Gov. Cuomo and the State Senate support legislation to legalize such services; the Assembly did not take up the bill during the 2016 legislative session

Uber released a holiday-themed ad last week, titled “All I want is Uber,” as well as an online petition in support of ridesharing.

The Upstate Transportation Association, a group backed by the taxi industry, released its own ad this week.  The group wants any expansion of ridesharing services in the state to include the requirement that all drivers be subject to fingerprinting and criminal background checks.

Political Update

Democrat Declared Winner in Contested Long Island Senate Race

Democrat John Brooks has been declared the winner over first-term Republican Senator Michael Venditto in the 8th Senate District on Long Island.

In the state’s last outstanding race, the 5th Senate District on Long Island, the counting of paper ballots has begun.  Incumbent Republican Senator Carl Marcellino led Democrat James Gaughran by more than 2,400 votes after election night.

Barring a Marcellino loss, the Republicans are expected to maintain control of the chamber in 2017, as State Senator Simcha Felder (D-Brooklyn) has said that he plans to continue caucusing with the Senate GOP.  It is also expected that the Senate’s Independent Democratic Conference (IDC) will align itself with the Senate Republicans in 2017.

State Senator to Run for New York City Mayor

On Sunday, State Senator Tony Avella (D-Queens) anounced that he plans to run against fellow Democrat Bill de Blasio for Mayor of New York City in 2017.

Avella, a member of the Senate’s Independent Democratic Conference (IDC), ran and lost in the 2009 Democratic primary for Mayor.

Bronx Assemblyman to Run for New York City Council

Assemblyman Mark Gjonaj (D-Bronx) has announced that he plans to run for the New York Council seat being vacated by James Vacca in 2017.  Due to term limits, Vacca cannot run again.

Winners & Losers

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

Coming Up

The 2017 Legislative session will begin on Wednesday, January 4, 2017.

The State Board of Regents holds its next meeting on January 9 and 10.

The State Board of Elections holds its next meeting on January 9.

The Public Service Commission holds its next meeting on January 24.