Plugged In @ Hinman Straub

May 21, 2021

What’s Inside

• Governor Repeals Mask Mandate
• New York Begins Vaccine Incentive Program
• Details of Governor’s Book Deal Released
• Senate and Assembly Relax COVID Rules, Capitol Remains Closed to Public
• Attorney General Announces Police Use of Force Legislation
• Public Service Commission Approves the Sale of Indian Point
• Political Updates
• Reminders and Links
• Coming Up

Governor Repeals Mask Mandate

The Governor announced that this week, New York will adopt the CDC’s mask guidance for most business and public settings. Consistent with the CDC guidance, Pre-K to 12 schools, public transit, homeless shelters, correctional facilities, nursing homes, and healthcare settings will continue to follow State’s existing COVID-19 health guidelines until more New Yorkers are fully vaccinated. According to the new guidance, businesses are authorized to require masks and six feet of social distancing for employees and/or patrons within their establishments or adhere to CDC guidance, which advises that fully vaccinated individuals do not need to wear masks or be socially distanced, but unvaccinated individuals must continue to wear masks and be socially distanced in most settings. Businesses that do not congregate patrons and/or operate under the state’s social gathering limits (250 indoors, 500 outdoors) may require proof of vaccination status or rely on a self-reporting “honor system.”

New York guidance regarding this can be viewed here.

The Governor said:

“Today is a milestone in New York State’s war against COVID. With positivity and hospitalization rates at their lowest levels since last fall, and more than 10 million New Yorkers having received at least one vaccine dose, today New York State is adopting the CDC’s updated guidance on masks and social distancing. This means that, 399 days after New York was the first state in the country to implement a mask mandate, effective today, fully vaccinated individuals no longer need to use a face covering in most public places. New York is coming back, and it’s a testament to the strength and grit of New Yorkers who banded together, stayed tough, and fought as one to defeat this COVID beast.”

New York Begins Vaccine Incentive Program

The Governor announced a new vaccine incentive program. Beginning next week, individuals receiving a vaccination at one of the State’s ten mass vaccination sites will receive a free lottery scratch off ticket. The retail value of the scratch off lottery ticket is $20, with a prizes ranging from $20 to $5 million. This is the first vaccine incentive offered in New York. The Governor also announced seven new pop-up vaccination sites at New York airports.

The Governor said:

“We know that vaccinations are the vital piece of the puzzle we need to crush COVID once and for all. We’re doing everything we can to make getting a vaccine as quick and easy as possible, but as vaccination rates slow across the state, we’re going to have to get creative to put even more shots in arms. This new pilot program will offer a greater incentive for New Yorkers to get vaccinated by offering a free scratch-off ticket for a chance to win up to $5 million. The more New Yorkers we can get vaccinated, the better our situation and the faster we can return to a new normal, so I encourage everyone who hasn’t been vaccinated yet to go to your nearest site and get the shot.”

Details of Governor’s Book Deal Released

Details of the Governor’s book deal were released this week after the Governor filed and made public his tax returns. The Governor is due to receive $5.1 million total for his book, $3.12 million has already been paid and he is scheduled to receive another $2 million over the course of the next two years. Of the money received thus far, the Governor donated $500,000 to the United Way of New York State and set aside the remainder in a trust for his three daughters. The Governor has received criticism for writing the book while the pandemic was still taking a toll on the state and has been accused of using state resources during the course of writing the book.

Senate and Assembly Relax COVID Rules, Capitol Remains Closed to Public

The Senate and Assembly announced the lifting of certain pandemic related capacity restrictions in each chamber this week. The Assembly has removed capacity limits in the chamber, but, masks will still be required and remote session will still be an option for members. The Senate announced that it will increase its chamber occupancy limit from three members at a time to 12 members at a time, masks will still be required. The Capitol itself will remain closed to visitors until the Office of General Services determines how to proceed.

Speaker Heastie said:

“In order to ensure everyone’s safety, members, employees and visitors will continue to be required to wear face masks in all Assembly workplaces, including the Assembly Chamber during legislative session, and to observe social distancing guidelines whenever possible… We have made great progress in combating this pandemic, and we will continue to evaluate our policies as we move forward with the goal of fully reopening when safe and appropriate.”

Senator Majority Leader Stewart-Cousins said:

“While we are pleased progress is being made against this awful pandemic, we must continue to be smart and cautious… We will increase capacity limits in the Senate chamber, but we will ask all members and staff to continue to wear masks in and around the chamber. We will continue to review guidelines in the coming days and weeks.”

Attorney General Announces Police Use of Force Legislation

The Attorney General announced legislation to change the laws governing police use of force. The Police Accountability Act amends the use of force law from one of necessity to one of absolute last resort, mandating that police officers only use force after all other alternatives have been exhausted. The legislation will also eliminate justification for lethal use of force in situations when an officer suspects a person committed a particular crime, instead requiring a higher standard proof. Further, the bill would authorize prosecutors to evaluate if a police officer’s conduct led to the need for use of force. Lastly, the bill establishes criminal penalties for police officers that use unnecessary deadly force. The charges and penalties would vary depending on the severity of the injuries caused.

Attorney General James said:

“For far too long, police officers in this country have been able to evade accountability for the unjustified use of excessive and lethal force. In New York, our laws have essentially given police blanket defense to use force in interactions with the public, making it exceedingly difficult for prosecutors to go after officers who have abused this power. Not only is that gravely unjust, but it has also proven to be incredibly dangerous. The Police Accountability Act will make critical and necessary changes to the law, providing clear and legitimate standards for when the use of force is acceptable and enacting real consequences for when an officer crosses that line. While this is an important step in addressing the shortfalls of our criminal justice system, it is not a cure all for the ills that have impacted too many families and claimed too many lives. We must continue to do everything in our power to protect our communities and ensure that no one is beyond the reach of justice.”

Public Service Commission Approves the Sale of Indian Point

The Public Service Commission (PSC) approved the sale of the Indian Point nuclear power facility to Holtec International subsidiaries. The PSC approved a negotiated agreement by the State, County of Westchester, local governments, Entergy, and Holtec, which provides for the transfer of the nuclear power facility to Holtec for decommissioning and site remediation.

Under the agreement, Holtec is required to adhere to a numerous financial and administrative provisions, including:

• Maintaining a minimum balance of no less than $400 million in the decommissioning trust fund for 10 years;
• Maintaining a minimum balance of no less than $360 million in the decommissioning trust fund at partial site release from the NRC for costs related to waste management and radiological cleanup of the site;
• Requiring Holtec to return 50 percent of the money it recovers from the Department of Energy for spent fuel management costs to the decommissioning trust fund;
• Conducting site restoration and remediation under an order on consent with the New York State Department of Environmental Conservation, which will oversee the hazardous materials and residual radiation cleanup at Indian Point, including through the use of an on-site monitor;
• Providing funding towards state and local emergency management and response; and
• Providing financial and project reporting to the State and the public through a website and other channels to ensure transparency regarding project status and costs.

PSC Chair John B. Howard said:

“The proposal to transfer the corporate ownership of the Indian Point nuclear site is a first in New York and only the third time done in the nation. After reviewing the joint proposal and the financial assurance and reporting conditions, I supported the joint proposal and its conditions. However, we should recognize that the corporate transfer here is a first-of-its-kind initiative. Going forward, the Commission will remain cautious and vigilant about the implementation and the parties’ compliance with today’s order.”

Political Updates

Washington Post: Chris Cuomo took part in strategy calls advising his brother, the New York governor, on how to respond to sexual harassment allegations.

Chris Cuomo apologizes for advising Governor on sexual harassment response.

FBI interviews members of the legislature in probe of Gov. Cuomo over nursing homes, book deal.

New NYC poll says safety is the number one issue.

Wall St Journal: New York Republicans Head for Gubernatorial Primary.

Andrew Giuliani announces 2022 bid for governor.

Ex-Senator Hiram Monserrate denied spot on City Council ballot by Court of Appeals.

State of Politics: Landscape shifting for New York governor’s race in 2022.

Rochester Mayor Lovely Warren’s husband among 7 facing charges after months-long wiretap investigation.

Hotel Trades Council endorses Eric Adams for mayor.

New poll has Adams and Yang neck and neck.

Reminders and Links

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

City & State NY’s 2021 Real Estate/Construction 40 Under 40 here.

Coming Up

**POSTPONED** 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.

The Board of Regents will hold their next meeting on June 7 and 8.

The Public Service Commission will hold its next meeting on June 17.