Plugged In @ Hinman Straub

May 7, 2021

What’s Inside

  • Governor Announces the Lifting of Some Pandemic Restrictions
  • Governor Announces Administration Appointments
  • HERO Act Signed
  • Eviction Moratorium Extended
  • Reopening Plans for State Capitol Building in Development
  • Sheldon Silver Released to Home Confinement, Returned to Prison Days Later
  • PEF President Re-Elected
  • Political Updates
  • Reminders and Links
  • Coming Up

Governor Announces the Lifting of Some Pandemic Restrictions

The Governor announced an easing of COVID-19 pandemic restrictions on businesses, venues, and gatherings due to progress with vaccinations and case counts. The announcement was done in coordination with New Jersey and Connecticut. The changes to current guidelines include:

Social Distance-based Business Capacities – Maximum capacity for businesses will convert from a percentage capacity limit to only being limited by the constraints of observing a six foot social distance between patrons or parties.

Increase in Social and Residential Gathering Limits – The outdoor social gathering limit will increase from 200 to 500 people. The indoor social gathering limit will increase from 100 to 250 people. Also, the outdoor residential gathering limit of 25 people will be removed, reverting to the social gathering limit of 500 people with space for appropriate social distancing, and the indoor residential gathering limit will increase from 10 to 50 people. No limits apply where all guests present proof of vaccination.

Event Venues – Venues that host sports competitions, performing arts and live entertainment, and catered receptions can exceed the social gathering limits of 500 people outdoors or 250 people indoors if all attendees over the age of four present either proof of full vaccination status or recent negative COVID-19 test result and the required social distancing can be accommodated. Large-scale indoor event venues will operate at 30 percent capacity, which is an increase from the current 10 percent capacity limit. Large-scale outdoor event venues will operate at 33 percent.

Industry Reopening Requirements – While most industry capacity restrictions will be lifted, industry-specific requirements will remain in effect for a longer period of time, including state or local health authority event notification, health screening, contact information for tracing, enhanced air handling and building system standards, hand hygiene, and environmental cleaning and disinfection protocols. The State will continue to provide additional guidance on these provisions as they apply to each industry.

Governor Cuomo said:

“The tide is turning against COVID-19 in New York, and thanks to our increasing vaccination rates, as well as our successful, data-based regional approach, we’re able to take more steps to reopen our economy, help businesses and workers, and keep moving towards returning to normal. Thanks to the hard work of New Yorkers and our partners in government, we are now able to increase capacity limits for businesses, event venues and residences to reflect what we’re seeing in the COVID data. Maintaining this progress is critical and in order to keep moving in a positive direction, New Yorkers must continue to take all the proper precautions. If we let up now, we could slide backwards and that is something nobody wants. So, let’s be safe and for anyone who has yet to be vaccinated, please do so as soon as you can. With the addition of walk-in appointments, we’ve made it as easy as every to get your shot, so there are truly no excuses.”

 

Governor Announces Administration Appointments

The Governor announced new appointments to his administration. The new appointments include:

  • Dana Carotenuto – Chief of Staff
  • Victor Olds – Special Counsel for Public Integrity
  • Sean Ewart – Senior Policy Advisor for Energy
  • Khemenec Pantin, LMSW – Senior Policy Advisor for Human Services and Mental Hygiene
  • Rich Azzopardi – Director of Communications and Senior Advisor to the Governor
  • Colin Brennan – Senior Deputy Communications Director
  • Jennifer Givner – Acting Press Secretary
  • Jordan Bennett – Deputy Communications Director for Downstate
  • Haley Viccaro – Deputy Communications Director for Energy and the Environment
  • Victoria Lane – Chief Special Counsel for Ethics, Risk and Compliance
  • Nadine Fontaine – General Counsel for the Dormitory Authority of the State of New York
  • Frank Hoare – General Counsel for the New York State Thruway Authorit

The Governor said:

“The COVID pandemic has tested our State government more than ever before, and this administration has risen to the occasion time and time again to deliver real results for New Yorkers. As we begin to reimagine New York for a post-pandemic world, these talented and dedicated new additions to our team will bring invaluable knowledge and experience to help us build back better and stronger than before.”

 

NY HERO Act Signed

The Governor signed the NY HERO Act which will require the state to establish a model infectious disease exposure prevention standard and would then require employers to implement such model or a similar plan. The Governor’s approval was conditioned upon the passage of a chapter amendment, which according to reports will provide for an opportunity for employers to cure violations before being at risk of facing a lawsuit.

Tom Stebbins, the executive director of the Lawsuit Reform Alliance said:

“The last thing struggling small businesses need to worry about right now is getting swept up in a deluge of lawsuits. While we hoped that Governor Cuomo and the legislature would amend the NY HERO Act to remove the trial lawyer-friendly private right of action, we are happy to see the bill amended to include a grace period for businesses to comply before being sued. Private rights of action do nothing to protect workers or help business owners and everything to line the pockets of the powerful personal injury trial lawyer lobby. Business owners should at least be allowed time – a cure period – to remedy violations before they are subjected to costly litigation. We’re encouraged by today’s amendment, which we hope will minimize the damage done and create a layer of protection against predatory and extortionate lawsuits.”

 

Eviction Moratorium Extended

The Governor signed an extension of the COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020 and the COVID-19 Emergency Protect Our Small Businesses Act. The legislation (S.6362-A/A.7175-A) extends protections prohibiting residential and commercial evictions, foreclosure proceedings, credit discrimination and negative credit reporting related to the COVID-19 pandemic until August 31, 2021.

Governor Cuomo said:

“As we approach the light at the end of the COVID-19 tunnel, it is critical that we continue to protect both New York’s tenants and business owners who have suffered tremendous hardship throughout this entire pandemic. Extending this legislation will help to ensure that vulnerable New Yorkers and business owners who are facing eviction through no fault of their own are able to keep their homes and businesses as we continue on the road to recovery and begin to build back our economy better than it was before.”

Reopening Plans for State Capitol Building in Development

The commissioner of the Office of General Services, RoAnn Destito, sent a letter to the Minority Leaders of the Senate and Assembly in response to calls to open the Capitol to visitors. The commissioner said the agency is currently reviewing the policy and is considering the possibility of reopening the Capitol to visitors. The letter provides no timetable for reopening. With the pandemic restrictions being rolled back statewide as a result of progress with vaccinations and new cases, the Capitol reopening could happen sooner than originally assumed.

Ms. Destito said:

“As the COVID-19 infection rates continue to decrease, we have started the planning process to reopen our buildings safely and in a manner that protects the occupants who work here so they can continue to keep the state government operating as well as the visitors who come to engage with their representatives in New York State government or to view and learn about our historic Capitol’s beautiful architecture, art, and history.”

 

Sheldon Silver Released to Home Confinement, Returned to Prison Days Later

The former Assembly Speaker Sheldon Silver was released from prison on temporary furlough by the Bureau of Prisons while his application for home confinement was being considered. The former Speaker had served less than a year of his six year sentence upon his temporary release. The former Speaker was not out for long before his application was reviewed and denied. The U.S. Attorney’s office was on record opposing his release to home confinement. The former Speaker was required to report back to Otisville on Thursday, after only a brief reprieve at home.

PEF President Re-Elected

Public Employee Federation president Wayne Spence was re-elected to serve another three year term this week. Mr. Spence was first elected to lead PEF in 2015. It will be his third term serving as president of the second largest public employee union in the state.

Mr. Spence said:

“We are humbled by this show of unity from PEF members at this difficult time in the union’s history. COVID-19 has challenged all of us and time and again PEF members rose to meet those challenges. This leadership team will continue to press forward on all fronts. We are determined to deliver the fair and just contract members deserve and we will never stop fighting to protect members’ health and safety in the workplace. It is a privilege to lead this team and represent the public heroes of PEF.”

 

Political Updates

Andrew Cuomo’s Loudest Supporters:‘Women for Governor Cuomo.’

NY Post: ‘Cuomosexuals’ form Facebook fan group, flood state hotline.

Auburn Citizen: NY Assembly dragging out impeachment probe.

State of Politics: Zeldin clears key hurdle in GOP endorsement push.

Convicted ex-Assemblyman William Boyland Jr. was released to home confinement in February.

Stefanik gains support for key leadership post.

Eric Adams edges out Yang for first time in mayoral poll.

Cuomo is privately encouraging some of the state’s wealthiest business leaders to remain in New York.

Reminders and Links

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

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

Coming Up

The Board of Regents will hold their next meeting on May 10 and 11.

The Public Service Commission will hold its next meeting on May 13.

The Assembly will hold a public hearing on the implementation of the Climate and Community Protection Act (CLCPA) on May 13.

The Senate will hold a roundtable discussion to evaluate the State’s response to COVID-19 at residential facilities for developmentally and intellectually disabled individuals on May 20.

JCOPE will hold its next meeting on May 25.