Plugged In @ Hinman Straub

February 19, 2021

Coverage of Albany and New York State Government

What’s Inside

  • 30-Day Amendments Released
  • Reminders and Links
  • Coming Up
  • Budget Hearing Schedule

30-Day Amendments Released

The Governor released amendments to the budget at the midnight deadline on Thursday night. The amendments make various minor corrections, clarifications, as well as adding new proposals to the FY21-22 Executive Budget. Notably, the Governor amended his marijuana proposal to allow for marijuana home deliveries and included new proposals on nursing homes.

New proposals include:

 

Education Labor and Family Assistance

New Part BB – Emergency Rental Assistance Fund

This proposal would establish the emergency rental assistance local government allocation fund which would place allocations to local governments received under the Consolidated Appropriations Act, 2021 (P.L. 116-260, enacted on December 27, 2020) under joint control of the comptroller and the commissioner of tax and finance. The funds would be dispersed to the local governments for which the appropriation was intended pursuant to a plan approved by the director of budget.

New Part CC – Employer Unemployment Insurance Experience Ratings

This proposal would prohibit the inclusion of claims for unemployment insurance arising from the closure of an employer due to COVID-19 from being included in such employer’s experience rating.

 

Health and Mental Hygiene

New Part FF – Medical Indemnity Fund

This proposal would make changes to the Medical Indemnity Fund to clarify that custodial care is reimbursable only when it is provided in a residential health care facility. Further, the proposal prohibit a parent or guardian from being approved as a provider of qualifying health care cost reimbursable by the fund. Finally, in the event no benchmark rate exists, the proposal changes the reimbursement rate to one hundred thirty percent of Medicaid or one hundred percent of Medicare reimbursement, whichever is higher.

 

New Part GG – Nursing Homes Initiatives

This proposal includes comprehensive oversight, penalties and enhanced restrictions on nursing homes and adult care facilities. Specific measures include: substantial increases in penalties; management salary limitations; Independent Quality Monitors, nursing home minimum staffing expenditures and limitations on “excess expenses”, and additional disclosures.

 

New Part HH – Developmental Disabilities Planning Council

This proposal would clarify the requirement for background checks for federally mandated members of the Developmental Disabilities Planning Council.

 

Public Protection and General Government

New Part RR – Procurement Stewardship Act Extender

This proposal would extend the Procurement Stewardship Act for 5 years.

 

New Part SS – Procurement Lobbying Law Extender

This proposal would extend the Procurement Lobbying Law for ten years and would increase the dollar threshold for contracts from $15,000 to $50,000.

 

New Part TT – Identifying Ineligible Dependents

This proposal would establish a sixty day amnesty period in FY 2022 to identify dependents who are ineligible for health benefits. During the amnesty period, NYSHIP enrollees may remove ineligible dependents from coverage on a current basis without being subject to civil or criminal penalties or liability for claims paid on behalf of ineligible dependents.

 

New Part UU – COVID-19 Extraordinary Relief Fund

This proposal would create the “Covid-19 Extraordinary Relief Fund”. Funds would be available pursuant to a plan approved by the director of the budget for loans or grants to school districts, local governments, for profit and not-for-profit corporate entities, and/or public benefit corporations to support the necessary and urgent expenses related to resolving extraordinary hardships of the COVID-19 public health emergency.

 

Transportation, Economic Development and Environmental Conservation

New Part UU – Teachers Insurance and Annuity Association of America and the College Retirement Equities Fund Merger and would set a cap on management and executive salaries.

This proposal would authorize the Teachers Insurance and Annuity Association of America (TIAA) to merge into the College Retirement Equities Fund (CREF).

 

New Part VV – New York State Canal System Revitalization Act

This proposal would enact the New York state canal system revitalization act, and repeal special conditions for leases entered prior to approval of the canal recreation way plan.

 

New Part WW – Utility and Cable Television Assessments

This proposal would authorize certain state agencies to finance public health campaigns and utility oversight related costs from assessments on cable television companies and public utilities, respectively.

Next Steps

The legislature and Executive will meet to determine a consensus revenue forecast by March 1st. If a consensus can not be reached then the comptroller will have to determine a revenue forecast by March 5th. The legislature will then begin work on one house budgets and typically releases those by mid-March, after which 3-way negotiations begin on a final budget due by April 1.

Reminders and Links

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

City & State NY’s 2021 Construction Power 50 here.

Coming Up

*POSTPONED – TBD* The Senate hold a public hearing to examine key issues that impacted the 2020 Primary and General Elections, including the overall administration of elections, early voting, absentee, ballots, and board of elections reforms on January 29.

JCOPE will hold its next meeting on February 23.

*RESCHEDULED* The Senate will hold a public hearing to hear about the difficulties of taxi drivers and livery drivers across New York State on March 4.

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

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

Budget Hearing Schedule

Economic Development

Tuesday, February 23 – 9:30 A.M. (Direct requests to testify to Senate)

Taxes

Tuesday, February 23 – 1:00 P.M. (Direct requests to testify to Assembly)

Health

Thursday, February 25 – 9:30 A.M. (Direct requests to testify to Senate)