Plugged In @ Hinman Straub

Coverage of Albany and New York State government – December 18, 2015

What’s Inside 

  • Governor Vetoes FOIL Bills, Issues Executive Order
  • Pay Commission Recommends State Judge Have Parity with Federal Judges
  • Regents Approve Moratorium on Common Core Tests
  • Governor to Push for Ethics, Campaign Finance Reform in 2016
  • Poll: New Yorkers Concerned About Terrorism, Want New Ethics Laws
  • Governor, Schumer Call on Federal Government to Close ‘Terror Gap’
  • PSC Approves Energy Transmission Upgrade
  • Coalition to Push for State Climate Change Laws
  • State to Overhaul Solitary Confinement for Prison Inmates
  • Governor Orders Investigation into Safety, Operations at Indian Point
  • Governor Announces New START-UP NY Participants
  • Upstate Business Group Releases 2016 Legislative Agenda
  • Political Update
  • Coming Up

Governor Vetoes FOIL Bills, Issues Executive Order 

Late last Friday, Gov. Cuomo vetoed two bills that would have strengthened the state’s Freedom of Information Law (FOIL) that were pushed by good-government groups and newspaper editorial boards.

One bill (A.114, Veto #274) would have limited the time for state agencies to bring FOIL appeals. The other (A.1438-B, Veto #278) would have required state agencies to pay court costs incurred by plaintiffs in FOIL cases where a judge finds that the FOIL request was improperly denied. In his veto messages, the Governor said the bills represent a “piecemeal approach” to FOIL reform, and any reforms should apply to other branches of state government, including the Legislature.

On Saturday, he announced that he has issued an Executive Order that will expedite the FOIL appeals process, and that he will introduce “comprehensive FOIL reform” legislation in 2016 will correct the flaws of the two bills that he vetoed and apply FOIL equally to the Legislature.
Pay Commission Recommends State Judge Have Parity with Federal Judges

On Monday, the State Commission on Legislative, Judicial, & Executive Compensation voted to put state Supreme Court justice salaries on par with those of federal district court judges by 2018.

The Commission’s majority approved a proposal under which Supreme Court justices will make $193,000 in the 2016-17 and 2017-18 state fiscal years, and $203,000 in the 2018-19 and 2019-20 state fiscal years. State Supreme Court justices currently make $174,000 a year.

The commission must submit its report to the courts, Legislature and governor’s office by Dec. 31. The Commission’s recommendations for the upcoming year will go into effect on April 1, 2016, unless the Legislature modifies them.

In 2016, the Commission will reconvene to consider legislative and executive branch salaries. It has a November 2016 deadline to make a recommendation.

 

Regents Approve Moratorium on Common Core Tests

The state Board of Regents has approved a four-year moratorium on use of student scores on Common Core state tests to evaluate job performances by teachers and principals. Educators have been pushing for a delay in using the Common Core tests for assessment purposes because of a flawed rollout of the tests in 2014.

The policies by the Board of Regents will “ensure that there will be no consequences for teachers and principals” related to the third through eighth grade English and Math tests given each spring, as well as include no growth score on Regents exams until the start of the 2019-2020 school year, the board said. Also, it will “prohibit the use of results from the 3-8 state assessments for use in evaluating the performance of individual teachers, principals or students.” Instead, the board agreed to provide a four-year transition period for the new annual professional performance reviews (APPR).

The Board of Regents actions are consistent with the recommendations of Gov. Cuomo’s Common Core Task Force, which were released last week.

 

Governor to Push for Ethics, Campaign Finance Reform in 2016

In the wake of the unprecedented criminal convictions of the former Assembly speaker and Senate Majority Leader, Gov. Cuomo said that he will address ethics reform in his January 13th State of the State/Budget address. He also said that he plans to make closing the LLC loophole — which allows limited liability companies to be treated as individuals, rather than as corporations — a priority in 2016.

Read more in our Lobbying, Ethics and Elections Compliance blog.

 

Poll: New Yorkers Concerned About Terrorism, Want New Ethics Laws

A Siena College poll released on Monday shows that almost 90% percent of New Yorkers say they are at least somewhat concerned that another terrorist attack will happen in New York in the near future, though most have not changed their lifestyle at all out of fear of a terrorist attack.

Those polled also:

  • oppose allowing Syrian refugees to come to the United States at this time (52%-39%);
  • believe that corruption in Albany is a serious problem (89%-7%)
  • support the enactment of new ethics laws to prevent further corruption (64%-22%); and
  • agree with Attorney General Eric Schneiderman that daily fantasy sports games are gambling and illegal in New York (66%-34%).

 

Governor, Schumer Call on Federal Government to Close ‘Terror Gap’

On Sunday, Gov. Cuomo and U.S., Senator Chuck Schumer called on the federal government to add the U.S. Terror Watch List to the criteria it uses for federal background checks in New York State in order to prevent “known or suspected terrorists from legally purchasing guns” in the state.

Gov. Cuomo said:

“The fact that known or suspected terrorists continue to legally buy guns is mindboggling and we cannot allow gridlock, dysfunction and the NRA’s stranglehold on Washington ‎to continue to place the safety of New Yorkers at risk. If Congress refuses to act, the federal government needs to step up and either take proactive action to right this wrong once and for all, or allow states to do so.

 

PSC Approves Energy Transmission Upgrade

On Thursday, the state’s Public Service Commission (PSC) voted to approve a $1.6 billion plan to upgrade the state’s energy transmission lines. The upgrade, some $1 billion in new transmission lines through the Hudson Valley, is a major part of the Cuomo administration’s Energy Highway program.

PSC Chair Audrey Zibelman said:

“Much like a traffic jam on a crowded highway, our existing system of antiquated transmission lines are simply too congested to allow electricity being produced upstate to move to where demand is greatest. Improving the transmission system will reduce this problem, resulting in lower electricity costs for the average customer, while helping to reduce emissions and improve the environment.”

New York City officials, utilities and a coalition of business and labor leaders have expressed support for the new lines. But opponents say that the lines would destroy the rural character of the Hudson Valley.

 

Coalition to Push for State Climate Change Laws

A coalition of national and state environmental activists, labor groups and community organizers are have come together under the name NY Renews, and plan to push for state lawmakers to codify legally enforceable greenhouse gas emission reductions into law.

The group, which includes the Sierra Club, 1199 SEIU, 32BJ, the NYC Environmental Justice Alliance and about 40 other groups, is seeking a state law requiring an 80% reduction in carbon emissions by 2050, and with mandatory reporting every four years.

The coalition’s priorities will also include requiring any construction project that involves $1 million or more in energy spending to pay prevailing wages.

 

State to Overhaul Solitary Confinement for Prison Inmates

On Wednesday, Gov. Cuomo announced that the state has entered into a settlement agreement that will reduce the use of solitary confinement (also known as ‘Special Housing Units, or SHUs) in the state’s prison system.

Under the agreement, about 25% of the current solitary confinement population (1,100 inmates) will be moved from SHUs to alternative rehabilitative cells over the next three years. SHUs will only be used where prison safety is concerned, and inmates will no longer be subject to a restricted diet as a disciplinary measure.

Gov. Cuomo said:

“This package of reforms will result in a safer correctional system, as well as a fairer and more humane response for inmates who engage in misconduct. This groundbreaking agreement with the NYCLU should serve as a model for other states across the nation to follow in reforming the use of solitary confinement.”

 

Governor Orders Investigation into Safety, Operations at Indian Point

On Wednesday, citing 13 unplanned shutdowns at the facility since June 2012, Gov. Cuomo directed the state Department of Public Service (DPS) to investigate “the operations and safety protocols at the Indian Point Nuclear Facility,” and to report back by February 15, 2016. The Governor wants to DPS to specifically review the facility’s capital and maintenance budgets to determine whether they have had any impact on the unplanned shutdowns.

Gov. Cuomo wrote: “While these facilities continue to operate beyond their license date, we have an obligation to ensure they are properly maintained and that timely investments in critical infrastructure are neither delayed nor deferred.”

The Governor has been battling with Entergy, the owner of Indian Point, on two fronts. He wants the Indian Point facility closed for safety reasons — it would be impossible to evacuate the New York City region in the event of a catastrophic accident at the plant. But he wants Entergy to keep its James A. FitzPatrick Nuclear Power Plant in Oswego County operating, despite losing millions of dollars, because it would cost the region over 600 jobs.

 

Governor Announces New START-UP NY Participants

On Wednesday, Gov. Cuomo announced that 16 companies have joined the state’s START-UP NY program, committing to create 470 new jobs and invest approximately $43 million over the next five years. The companies admitted into the program are sponsored by colleges and universities throughout the state.

The START-UP NY program allows participating businesses to operate tax-free for 10 years. The state is authorized to recover benefits where companies fail to fulfill their job creation and investment commitments.

 

Upstate Business Group Releases 2016 Legislative Agenda

On Thursday, Unshackle Upstate released its 2016 policy agenda. Among its highlights are opposing the proposed minimum wage increase, making the real property tax cap permanent, and providing personal income and small business tax relief.

Unshackle Upstate Executive Director Greg Biryla said:

“While the Upstate economy has made some modest gains in recent years, there’s much more work to be done. Our 2016 agenda focuses on important policies that will help grow our economy.  Cutting taxes for all New Yorkers, addressing regulatory burdens and improving the state’s overall business climate will generate good-paying jobs and a brighter future for Upstate New York.”

 

Political Update

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 state Gaming Commission will meet on Monday, December 21, to consider granting commercial casino licenses for casinos in the Seneca County community of Tyre, Schenectady and in Monticello, Sullivan County.

The 2016 Legislative session will commence on Wednesday, January 6, 2016.

The Board of Regents holds its next meeting on January 11 and 12.

Gov. Cuomo will hold his State of the State/Budget Address at 12:30 pm on Wednesday, January 13 at the Empire State Plaza Convention Center in Albany.

The Public Service Commission (PSC) holds its next meeting on January 21.

The Joint Commission on Public Ethics (JCOPE) holds its next meeting on January 26.