Plugged In @ Hinman Straub

April 4, 2022

What’s Inside

  • Budget Deadline Blown
  • Governor Expires Nursing Home Staffing Reprieve
  • Buffalo Bills New Stadium Deal Announced
  • Siena Research Institute Releases New Poll
  • Court Strikes Down Redistricting Maps
  • DEC Delays Cryptomining Decision
  • Political Updates
  • Coming Up

Budget Deadline Blown

Legislators were sent home for the weekend without a budget deal in place guaranteeing a late budget. Senator Stewart-Cousins spoke with reporters attesting to progress being made and suggested that bills should be ready early next week. The Comptroller has warned that unless a budget, or a budget extender, is passed by April 4, delays in payment to state workers could become an issue. Reports suggest there is movement on previous sticking points, including on bail reform, which should allow other items to be worked through over the weekend while legislators are away. Both houses will continue to conference issues over the weekend, virtually and in person.

In a statement, Governor Hochul said:

“This is a critical time in New York’s economic recovery, and I am committed to ensuring that our state budget reflects New Yorkers’ priorities and tackles the top issues we are facing. From improving public safety to supporting small businesses, these are important and complex issues, and we need to get them right.

“I am continuing to have productive conversations with Majority Leader Stewart-Cousins and Speaker Heastie and I appreciate their collaboration and good faith approach to these negotiations. We are getting closer to agreement, with consensus on major policy items.

“New Yorkers should know that progress is being made and that we will put in the time it takes to reach an agreement that delivers for them and moves our state forward.”

Governor Expires Nursing Home Staffing Reprieve

The Governor issued an Executive Order extending the declaration of a statewide disaster emergency due to healthcare staffing shortages for all sectors with the exception of nursing homes. Last week, the Attorney General and 1199SEIU held a press conference calling on the Governor to discontinue the reprieve for nursing homes and to implement the staffing ratio laws. The order will extend the disaster emergency for all other sectors until April 30.

Buffalo Bills New Stadium Deal Announced

The Governor announced an agreement between New York State, Erie County and the NFL’s Buffalo Bills franchise for a $1.4 billion new stadium in Orchard Park. The terms of the deal reportedly include a 30-year commitment for the Bills to remain in Buffalo, and a combined $550 million from the NFL and Bills. The Governor will advance additional state funding of $600 million in the state budget, and Erie County will contribute $250 million.

Legislators were taken aback by the announcement, coming just days before a budget deal was due. Many expressed a frustration with the Governor’s handling of the deal, many more expressed frustration with the terms of the deal, arguing that public funds should not account for more than half of the cost of a new stadium. The Governor released a statement tying the funds received from the resolution of a dispute with the Seneca Nation to the funds that would be used for the new stadium. It remains to be seen if the legislature will approve the deal in the final budget. If approved, the combined $850 million would set a record for the most public money ever spent on an NFL stadium.

Seneca Nation President Matthew Pagels issued a statement in response, saying:

“New York’s hostile and shameless greed was laid bare for the world to see yesterday. After intentionally and unnecessarily holding the Seneca people and thousands of Western New Yorkers and families hostage for several days by strangling various bank accounts held by the Seneca Nation and our businesses, Governor Hochul couldn’t contain her excitement to boast about using her Seneca ransom money for a new stadium.

“I’m sure that was welcome news to the Governor’s husband, whose company not only operates Video Lottery Terminals within the Seneca Nation’s supposed gaming exclusivity zone with the State’s blessing, but the company will also make millions of dollars in concession business inside the State-owned stadium. And it’s being paid for on the backs of the Seneca Nation. Quite a sweetheart deal.

“We see, and we hope the world sees, the Governor’s announcement for what it is – the latest chapter in New York’s long history of mistreatment and taking advantage of Native people. Governor Hochul happily tried to strangle Western New York in order to squeeze every drop of blood she could get from the Seneca Nation.

“It is not surprising to the Seneca Nation that the Governor thinks her actions should be applauded as progress. That’s the Albany way. The claims that a new day had dawned in Albany have turned into Groundhog Day – more of the same, just as it’s always been.

“The Governor’s new stadium won’t be a product of progress. It will be a monument to Albany’s vindictive desire to punish the Seneca people. Ultimately, it’s something we’re all too familiar with.”

Siena Research Institute Releases New Poll

Siena Research Institute released a new poll this week with some mixed results for the Hochul Campaign. The good news for the Governor, she has a 40-point lead over both declared candidates; Tom Suozzi, and Jumaane Williams. The bad news, when factoring former governor Cuomo into the mix, her lead drops to just eight points over Cuomo.

 

When asked if Hochul were to win the Democratic primary, would you vote for Hochul or “prefer someone else,” poll takers were spilt down the middle with 43% in favor of each position with 14% undecided.

 

Siena also polled numerous questions regarding bail reform finding that the reforms enacted in 2019 have become increasingly unpopular since Siena has begun polling the issue.

The poll also included various other proposals that are currently being discussed as part of a potential final budget agreement.

Court Strikes Down Redistricting Maps

State Supreme Court Justice Patrick McAllister ruled that redistricting maps drawn by the legislature were constitutionally invalid due to a 2014 constitutional amendment that prohibits drawing districts in a manner that benefits incumbents or a particular political party. The ruling also took issue with the process by which the legislature assumed control of the map drawing process, ignoring the rejection of a ballot proposal that would have allowed the legislature to assume the duty in the event the Independent Redistricting Commission (IRC) failed to vote on a final plan. Instead, after voters rejected the constitutional amendment, the legislature passed a statute providing them the authority to take over the process in the event the IRC failed to put forward a final plan. The judge ruled that by doing so, the legislature intended to avoid the constitutional requirement of being able to make only minor, 2%, adjustments to the final plan put forward by the IRC, effectively allowing them to draw their own maps entirely.

The judge ordered that all maps – congressional, state senate, and assembly alike – be thrown out and new maps, with “sufficient bipartisan support” be drawn within 11 days. In the event new maps, with required bipartisan support, are not provided within the time frame, the judge will appoint an independent agent to draw new maps as was done for congressional districts in 2010. The Governor and Attorney General issued a statement that they intend to appeal the decision. Because the appellant is the state, a notice of appeal will grant an automatic stay under the Civil Procedure Law and Rules, until the appeal can be heard by a higher court.

The 18-page ruling can be found here.

DEC Delays Cryptomining Decision

The Department of Environmental Conservation (DEC) delayed a decision on whether or not to grant an extension of an air permit for a finger lakes cryptocurrency mining operation. This is the second time the DEC has delayed the decision. According to the DEC, the first delay allowed the department more time to review public comments. This most recently delay is in response to a plan submitted by the company to mitigate its climate impact as required by the CLCPA, the department would like time to review the submitted proposal to determine whether or not it complies with New York’s climate law. The new deadline for the DEC to approve or deny the company’s air quality permit will come just eight days after the primary in June, causing environmental advocates to suggest the decision to delay is politically motivated.

Greenidge Generation said:

Extensions are common for renewal applications deemed complete and under final review, and we were happy to agree to the department’s request for additional time. Our facility has already reduced its combined upstream and onsite GHG emissions by roughly 70% when compared to the 1990 baseline set in the CLCPA. This permit renewal, which expires in 2026, poses no impediment to New York meeting its statewide GHG emissions reduction targets in 2030 or beyond.

Political Updates

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

NY Times: Lt. Gov. Benjamin Is Focus of Federal Inquiry Into Campaign Fraud here.

NY Post: NYS Lt. Gov. Benjamin questioned by feds about ‘shady campaign donor’ here.

Staten Island Amazon workers vote in favor of union.

US Rep. Jeffries endorses Hochul in New York governor’s race.

‘Turbulence’ for Hochul amid New York state budget storm.

New York corrections officials: 8,000 people on parole to be released under ‘less is more.’

Trump donors have boosted Hochul’s campaign.

Coming Up

The Board of Regents will hold their next meeting on April 11 and 12.

The Public Service Commission will hold its next meeting on April 14.

JCOPE will hold its next meeting on April 26.